Acts and resolutions of the General Assembly of the state of Georgia 1983 [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 19830000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1983 19830000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References iv Bills and ResolutionsAct Number References x Acts and Resolutions of General Application 2C Vetoes by the Governor, 1979 Session 1863 Map of Counties and Judicial Circuits 1876 Appellate CourtsPersonnel 1877 Superior CourtsPersonnel and Calendars 1878 IndexTabular 1888 IndexGeneral 1907 Population of Georgia CountiesAlphabetically 1953 Population of Georgia CountiesNumerically 1956 Georgia Senatorial Districts, Alphabetically by County 1958 Georgia Senators, Alphabetically by Name 1960 Georgia Senators, Numerically by District 1962 Georgia House Districts, Alphabetically by County 1964 Georgia Representatives, Alphabetically by Name 1966 Georgia Representatives, Numerically by District 1974 Status of Referendum Elections for the Years 1953-1983 1982 VOLUME TWO Acts by NumbersPage References iv Bills and ResolutionsAct Number References x Acts and Resolutions of Local Application 3501 County Home Rule Actions 4744 Municipal Home Rule Actions 4816 Vetoes by the Governor, 1979 Session 4981 Map of Counties and Judicial Circuits 4994 Appellate CourtsPersonnel 4995 Superior CourtsPersonnel and Calendars 4996 IndexTabular 5006 IndexGeneral 5025 Population of Georgia CountiesAlphabetically 5071 Population of Georgia CountiesNumerically 5074 Georgia Senatorial Districts, Alphabetically by County 5076 Georgia Senators, Alphabetically by Name 5078 Georgia Senators, Numerically by District 5080 Georgia House Districts, Alphabetically by County 5082 Georgia Representatives, Alphabetically by Name 5084 Georgia Representatives, Numerically by District 5092 Status of Referendum Elections for the Years 1953-1980 5100

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Compiler's Note The Act of the General Assembly, 1982 Extra Session, reapportioning the Fourth and Fifth Congressional Districts will be found on page 2C of volume one. General Acts and Resolutions of the 1983 Session will be found in volume one beginning at page one. The only proposed amendment to the Constitution passed at the 1983 Session will be found on page 972 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 1982 are printed in volume two beginning on page 4816. Home Rule Actions by Counties filed in the office of the Secretary of State during 1982 are printed in volume two beginning on page 4744. There are no numbered pages between 1862 and 3501. The indexes are printed in each volume and cover the materials in both volumes. The tabular index lists matter by broad categories; the general index is a detailed, alphabetical index by subject matter. ACTS BY NUMBERS, PAGE REFERENCES Act No. Page 1-Ex. Sess. 2C 1 3 2 140 3 159 4 3503 5 3506 6 349 7 358 8 359 9 3509 10 3513 11 3521 12 385 13 3524 14 3534 15 3561 16 386 17 3563 18 3566 19 3570 20 3573 21 393 22 3581 23 395 24 3586 25 400 26 3590 27 3605 28 3611 29 3617 30 3621 31 3623 32 402 33 3626 34 3628 35 3631 36 3634 37 3636 38 3639 39 3641 40 3646 41 3649 42 3651 43 3654 44 3684 45 3686 46 3688 47 3691 48 3693 49 3695 50 3697 51 3699 52 3707 53 3709 54 3711 55 3714 56 3716 57 3718 58 3721 59 3724 60 3726 61 403 62 3728 63 3731 64 3733 65 3734 66 3737 67 3739 68 3748 69 3750 70 3753 71 3755 72 3757 73 3759 74 3768 75 3771 76 3773 77 3776 78 3778 79 3781 80 3783 81 3785 82 3790 83 3794 84 3797 85 3800 86 3802 87 3804 88 3809 89 404 90 3811 91 3814 92 3818 93 3820 94 3822 95 3825 96 3827 97 3830 98 3834 99 3863 100 3865 101 3868 102 3870 103 3873 104 3875 105 3878 106 3880 107 405 108 3884 109 3887 110 3889 111 3892 112 3894 113 3896 114 3899 115 3902 116 3904 117 3906 118 3909 119 3911 120 3919 121 3923 122 3925 123 3927 124 407 125 3931 126 3933 127 412 128 3936 129 3938 130 3940 131 3943 132 3945 133 3947 134 3949 135 3951 136 3954 137 3956 138 3958 139 3960 140 414 141 3964 142 3967 143 3971 144 3973 145 3975 146 3978 147 3980 148 3982 149 3984 150 3994 151 415 152 4000 153 4002 154 4004 155 4006 156 4010 157 4027 158 4031 159 4034 160 4037 161 4039 162 4043 163 4046 164 4048 165 4051 166 4053 167 4055 168 416 169 4057 170 4061 171 4063 172 4065 173 4068 174 4072 175 4074 176 4077 177 4079 178 418 179 419 180 4081 181 4805 182 4087 183 421 184 424 185 444 186 445 187 447 188 448 189 449 190 452 191 454 192 455 193 456 299 457 195 459 196 460 197 461 198 462 199 464 200 465 201 467 202 468 203 469 204 471 205 473 206 475 207 476 208 478 209 479 210 482 211 484 212 485 213 487 214 489 215 490 216 493 217 494 218 495 219 496 220 499 221 500 222 503 223 504 224 506 225 507 226 509 227 511 228 513 229 514 230 515 231 518 232 520 233 521 234 523 235 525 236 526 237 528 238 529 239 531 240 532 241 535 242 538 243 539 244 544 245 545 246 546 247 548 248 550 249 555 250 559 251 575 252 576 253 578 254 581 255 602 256 616 257 620 258 622 259 623 260 629 261 632 262 633 263 635 264 637 265 638 266 639 267 641 268 643 269 645 270 646 271 647 272 649 273 651 274 653 275 655 276 659 277 661 278 664 279 665 280 667 281 669 282 670 283 672 284 673 285 675 286 676 287 677 288 679 289 680 290 681 291 683 292 684 293 685 294 686 295 688 296 689 297 691 298 692 299 694 300 695 301 697 302 699 303 700 304 702 305 705 306 710 307 716 308 719 309 720 310 721 311 722 312 724 313 725 314 726 315 728 316 729 317 732 318 734 319 735 320 737 321 739 322 743 323 745 324 748 325 4094 326 4097 327 4105 328 4108 329 4110 330 4113 331 4115 332 752 333 4119 334 4122 335 4125 336 4127 337 4130 338 4134 339 4140 340 4143 341 4145 342 4149 343 4151 344 4153 345 4155 346 4157 347 4161 348 4167 349 4170 350 4173 351 4176 352 4178 353 4181 354 4186 355 4188 356 753 357 4191 358 4194 359 4205 360 4208 361 4210 362 4213 363 759 364 761 365 4217 366 764 367 4220 368 4223 369 4228 370 4231 371 4234 372 4238 373 4245 374 4247 375 4251 376 4256 377 4263 378 4266 379 4270 380 4274 381 4278 382 774 383 4283 384 4294 385 4299 386 775 387 4302 388 4316 389 4322 390 4324 391 4327 392 4330 393 4322 394 4334 395 4339 396 4341 397 4344 398 4346 399 4350 400 4353 401 4357 402 4362 403 778 404 781 405 783 406 784 407 786 408 790 409 796 410 804 411 806 412 819 413 822 414 823 415 825 416 827 417 829 418 831 419 834 420 836 421 837 422 839 423 852 424 859 425 864 426 867 427 881 428 882 429 884 430 4367 431 4373 432 4376 433 930 434 936 435 938 436 941 437 945 438 946 439 949 440 951 441 956 442 961 443 964 444 4386 445 1000 446 1024 447 1026 448 1059 449 1079 450 1087 451 1094 452 1097 453 1116 454 4411 455 4419 456 4432 457 4443 458 4466 459 4481 460 4493 461 4495 462 4501 463 4503 464 1118 465 4511 466 4514 467 4518 468 4525 469 4529 470 4538 471 4544 472 4547 473 4553 474 4565 475 4570 476 4578 477 4594 478 1123 479 4605 480 4607 481 4614 482 4620 483 4622 484 4625 485 4656 486 4662 487 4665 488 4698 489 1146 490 1153 491 1158 492 1161 493 1170 494 1182 495 1185 496 1189 497 1190 498 1203 499 1205 500 1207 501 1210 502 1212 503 1213 504 1214 505 1218 506 1219 507 1228 508 1255 509 1298 510 1299 511 1300 512 1303 513 1304 514 1306 515 1307 516 1309 517 1310 518 1316 519 1317 520 1323 521 1326 522 1340 523 1346 524 1350 525 1368 526 1389 527 1401 528 1411 529 1419 530 1426 531 1429 532 1430 533 1431 534 1437 535 1441 536 1450 537 4702 538 4704 539 4707 540 1461 541 1464 542 1466 543 1468 544 1469 545 1470 546 1474 547 1479 548 1508 549 1539 550 1547 551 1548 552 1566 553 1592 554 1593 555 1595 556 1603 557 1795 558 1798 559 1805 560 1806 561 1809 562 1815 563 1816 564 1820 565 1831 566 1834 567 1849 568 1850 569 4710 570 1856 571 1859 RESOLUTIONS BY NUMBER, PAGE REFERENCES Res. No. Page 1 4090 2 440 3 442 4 4091 5 582 6 584 7 586 8 588 9 590 10 592 11 594 12 596 13 4092 14 598 15 599 16 4378 17 966 18 4380 19 967 20 4381 21 4382 22 4384 23 969 24 972 25 974 26 975 27 978 28 983 29 987 30 989 31 992 32 995 33 997 34 999

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BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. 1 3 2 313 3 1 4 2 6 292 7 7 8 23 10 519 11 215 12 501 15 216 16 217 17 218 18 502 19 219 20 220 21 293 22 221 23 222 24 549 25 527 26 223 27 224 28 407 29 294 30 295 31 229 32 433 33 434 34 225 35 416 36 296 43 435 44 226 45 227 50 436 51 228 56 531 58 417 66 185 68 437 70 186 71 528 72 211 75 252 76 28 77 297 79 298 80 299 81 187 82 178 83 21 84 13 85 176 89 438 90 418 92 Veto 6 93 314 96 188 103 Veto 12 104 6 107 570 109 230 112 5 115 548 116 415 118 315 119 189 121 429 127 251 128 489 129 550 130 445 133 231 134 232 135 190 136 272 138 439 139 419 140 322 142 233 145 529 149 191 153 512 159 440 163 556 170 490 171 453 173 544 179 300 185 364 188 510 189 565 190 154 191 153 192 152 193 177 194 151 195 179 196 517 197 150 207 8 209 494 212 495 215 149 219 525 220 148 221 277 222 261 230 568 231 420 236 516 242 192 245 496 246 508 247 523 249 543 250 553 254 262 255 263 257 11 260 147 261 146 262 145 263 144 264 143 266 264 273 571 278 503 279 99 280 444 282 413 286 316 287 193 288 278 289 381 294 506 297 505 299 194 301 142 302 9 308 403 310 535 311 4 312 141 313 279 314 497 318 265 320 195 322 471 324 493 325 563 326 498 328 382 329 421 330 280 332 Veto 3 333 14 334 15 335 542 338 383 339 449 340 366 341 384 344 100 345 101 347 324 348 452 350 331 351 29 352 10 353 196 355 197 356 266 357 198 361 281 363 199 364 30 365 536 366 267 368 491 371 268 373 547 374 499 475 545 379 546 381 269 385 533 386 526 387 102 388 340 389 270 391 323 395 24 397 273 399 282 400 427 401 492 407 283 408 330 409 140 410 329 415 31 419 540 420 555 421 566 424 500 426 26 427 404 428 507 429 534 430 107 432 564 435 317 436 514 437 200 439 318 440 524 441 414 443 341 447 201 448 284 449 461 452 139 458 560 460 184 469 402 470 342 471 343 474 562 475 344 476 202 477 319 478 285 479 Veto 1 483 472 485 32 486 481 487 569 488 33 489 34 490 35 491 66 492 271 496 103 497 286 498 365 499 104 504 287 505 522 506 138 507 530 508 460 509 16 513 288 514 137 515 136 517 45 526 46 527 47 530 567 532 410 537 480 538 454 539 48 540 49 544 515 545 509 548 289 550 462 551 247 555 245 556 67 557 50 558 51 561 119 562 68 563 463 564 52 566 446 567 447 568 248 569 328 570 367 574 53 575 105 577 455 578 459 580 441 581 442 585 405 587 473 590 479 595 345 596 368 601 346 605 312 606 521 607 17 608 246 609 431 611 327 612 54 613 69 614 70 615 71 621 72 622 443 625 411 627 363 628 73 629 326 630 74 631 75 632 347 636 18 638 478 639 428 641 76 642 482 643 77 645 532 647 290 648 450 652 78 653 79 655 106 656 55 658 369 660 401 662 325 663 332 665 537 666 350 668 56 673 57 674 19 675 291 676 80 677 58 678 108 679 59 682 81 687 109 688 474 689 333 690 400 692 110 693 334 694 483 695 335 697 336 699 82 700 83 701 84 705 464 707 Veto 2 708 484 709 85 710 399 712 398 713 111 714 349 715 485 716 466 718 465 719 370 720 112 721 348 722 397 729 22 730 396 731 467 736 351 737 352 738 475 739 353 740 354 741 456 742 355 743 468 744 395 745 113 749 394 750 114 751 337 752 60 753 393 754 86 755 469 756 61 757 356 758 115 759 116 760 87 761 88 762 27 763 89 764 90 765 379 766 477 767 91 768 117 769 92 770 62 771 63 772 93 773 94 774 486 775 118 776 172 777 173 778 95 779 371 780 372 781 380 782 430 783 476 784 338 785 339 786 470 787 64 793 135 794 134 795 133 796 65 797 132 798 131 799 130 800 357 801 358 802 378 803 174 804 175 806 432 807 377 808 487 809 129 810 128 811 127 813 488 818 126 819 125 820 124 821 376 822 359 823 123 824 122 825 375 827 121 829 120 834 360 836 457 837 458 838 374 841 361 843 373 Senate Bill Act No. 1 504 2 511 5 234 8 412 11 235 13 237 21 274 30 311 31 426 32 210 40 310 41 557 42 406 45 212 56 303 59 541 65 25 69 304 70 451 72 275 73 249 81 561 83 238 84 239 89 236 91 Veto 5 96 559 102 309 105 171 110 Veto 9 111 170 113 308 121 552 123 183 124 169 130 425 132 160 133 168 136 320 137 321 140 167 146 276 147 Veto 7 151 424 154 250 155 166 159 12 160 165 161 240 162 255 163 256 165 Veto 8 168 164 169 214 171 241 173 305 176 423 178 242 180 243 182 253 183 163 184 408 188 409 189 254 190 520 193 203 194 257 195 204 196 307 199 551 200 205 204 448 206 554 207 258 208 159 210 41 211 158 212 Veto 11 215 306 218 162 219 20 220 422 221 386 225 Veto 4 233 161 237 301 239 513 241 302 242 206 249 244 251 207 253 362 255 259 256 208 260 558 262 157 264 42 265 43 266 44 268 213 269 260 270 209 273 180 274 181 276 155 277 Veto 10 278 36 279 156 280 37 283 518 287 97 288 98 289 385 293 38 294 182 295 39 296 40 299 392 300 538 301 96 302 391 303 390 305 389 306 539 307 388 308 387 House Resolution Res. Act No. 12 33 14 23 15 17 27 5 30 24 64 32 66 19 67 25 69 1 71R 20 72R 26 76 27 90 34 93R 22 105R 18 106 28 107 8 145 14 154 6 158 39 161R 21 220 30 222 31 246 13 292R 16 Senate Resolution Res. Act No. 6 2 11 15 49R 3 79 4 83 12 89 11 111 7 112 10 121 9

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ACT OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1982 Ex. Sess. (August 3, 1982August 8, 1982) COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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A PROCLAMATION BY HIS EXCELLENCY GOVERNOR GEORGE BUSBEE of THE STATE OF GEORGIA CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION WHEREAS: Article V, Section II, Paragraph III of the Constitution empowers the Governor to convoke the General Assembly on extraordinary occasions to attend called sessions of the General Assembly for the purpose of considering the enactment of legislation specified by the Governor; and WHEREAS: The following specified objective is hereby determined and concluded by me to be of extraordinary importance to be considered by the General Assembly during a called session and prior to the convening of the General Assembly in regular session in 1983: The alteration of the boundaries of the Fourth and Fifth Congressional Districts from which members of the House of Representatives to the United States Congress from the State of Georgia will be elected and will take office in 1983 and thereafter. NOW, THEREFORE, PURSUANT TO THE POWER AND AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, I, GEORGE BUSBEE, to hereby convoke and call a

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meeting of the General Assembly of the State of Georgia to convene in extraordinary session at 2:00 P.M., on Tuesday, August 3, 1982, for the purpose of considering the enactment of legislation to accomplish the hereinabove specified objective. (Seal of the Executive Department) In Witness Whereof, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed. This 2nd day of August, 1982. /s/ George Busbee Governor BY THE GOVERNOR: /s/ Tom Perdue Secretary, Executive Department

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ACT OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1982 Ex. Sess. (August 3, 1982August 8, 1982) 1981 CONGRESSIONAL REDISTRICTING PLAN AMENDED. Ga. Laws 1981, Ex. Sess., p. 131 Amended. No. 1, Ex. Sess. (House Bill No. 1). AN ACT To provide for the composition of certain congressional districts of Georgia; to declare legislative intent and findings; to define terms; to provide for the election of members of the United States House of Representatives from certain congressional districts; to provide for a change in the composition of those districts to be effective upon the issuance of a federal court ruling that the change is lawful and for the election and succession of new members thereafter; to authorize the Governor to call and prescribe the time of calling and holding primaries, primary runoffs, elections, and run-off elections for all members of the United States House of Representatives to take office in 1983; to authorize the Governor to prescribe the time and manner

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of carrying out procedures related to such elections, primaries, and runoffs; to provide for nomination of candidates by petition; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated; to provide for all related matters; to provide effective dates; to provide for the suspension of conflicting laws; to provide for severability; and for other purposes. Be it enacted by the General Assembly of Georgia: Part I Section 1 . The General Assembly declares that the congressional redistricting plan for the State of Georgia adopted at the 1981 Extraordinary Session of the General Assembly is a fair and equitable plan for the selection of Georgia's members of the United States House of Representatives. The General Assembly finds that the 1981 plan was not adopted with the purpose of denying or abridging the right to vote on account of race and complies fully with the United States Constitution and all applicable federal statutes. The General Assembly declares that implementation of the 1981 congressional redistricting plan is in the best interests of the State of Georgia and its people. The General Assembly recognizes, however, that any congressional redistricting plan may be implemented only in accordance with the procedures prescribed by the federal Voting Rights Act of 1965; and that the United States District Court for the District of Columbia in Busbee v. Smith , Civil Action No. 82-0665, has prohibited the implementation of the 1981 congressional redistricting plan. An order has been entered in Busbee v. Smith directing the plaintiffs to submit to the court a revised plan for the conduct of elections in Congressional Districts No. 4 and 5. Therefore, in recognition of the necessity of providing an immediately enforceable redistricting plan for Congressional Districts No. 4 and 5, in the belief that the validity of the 1981 redistricting plan for these districts must ultimately be upheld by the federal judiciary, and in response to the necessity of ensuring continuing representation for all of the people of Georgia in the United States Congress, the General Assembly by the adoption of Part I of this Act seeks to provide a redistricting plan for Congressional Districts No. 4 and 5 which may be implemented for the election of members of the House of Representatives

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to take office in 1983 but which shall thereafter be superseded for future elections upon the ruling of a federal court of competent jurisdiction that the 1981 congressional redistricting plan for these districts may lawfully be implemented. Section 2 . As used in this Part I of this Act, the term 1981 congressional redistricting plan means the redistricting plan for Georgia congressional districts adopted by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and codified as Code Section 34-1801 of the Code of 1933 and Code Section 21-2-4 of the Official Code of Georgia Annotated. Section 3 . Until and unless a federal court of competent jurisdiction rules that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965 as provided in Section 4 of this Act, the provisions of this section shall govern the composition of Congressional Districts No. 4 and 5. Each of these districts shall be composed of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter. District No. 4 DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, and 233.01 through 233.04 Tract 234.03 Blocks 920, 921, 923, and 924 Tract 234.05 Block 101 Tracts 234.06, 234.07, and 235.01

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Tract 235.02 Blocks 101 through 107, 109, 111, 112, 116, 117, 207 through 210, 215, 217, and 218 Tract 235.03 Fulton Tracts 1, 2, 92, and 94 Tract 96 Block Groups 1 through 3, 7, and 8 Tracts 100, 101.01, 101.03, and 101.04 Tract 114.01 Those parts of Blocks 601 and 602 within the City of Alpharetta Block 603 That part of Block 604 within the City of Alpharetta Tracts 114.02, 115, and 116 Newton Rockdale District No. 5 DeKalb Tracts 205 through 209 Tract 234.03 Block Groups 1 through 3 Blocks 922, 925, and 926 Tract 234.04 Tract 234.05 Blocks 102 through 109, 111, and 112 Block Groups 2 through 5 Tract 235.02 Blocks 113, 114, 201 through 203, 205, 206, and 216 Block Groups 3 and 4 Tracts 236, 237, and 238.01 through 238.03 Fulton Tracts 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01,

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66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 91, 93, and 95 Tract 96 Block Groups 4 through 6 Tracts 97 through 99, 102.01, 102.02, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02 Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 outside the City of Alpharetta Blocks 605 through 609 Block Groups 7 through 9 The first members elected pursuant to the above provisions shall be those who are elected to take office in 1983. Such members shall serve until their successors are elected and take office as provided in this section or as provided in Section 4. Successors to such members and future successors shall likewise be elected under the provisions of this section unless Section 4 becomes effective. Until such members take office in 1983 the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this section shall be effective for any special primaries and elections which are necessary for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this section shall be effective January 1, 1983, and shall remain in effect until and unless this section is superseded as provided in Section 4. For purposes of this section:

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(1) 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. (2) Whenever the description of any congressional 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. Section 4 . (a) This section shall become effective immediately upon the issuance of a ruling by any federal court of competent jurisdiction in Busbee v. Smith that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965. (b) If this section applies, the representatives from Congressional Districts No. 4 and 5 who are elected to take office in 1983 pursuant to Section 3 shall remain in office for the remainder of the terms for which they were elected and the composition of such districts shall remain for such period of time as provided in Section 3 of this Act. All future successors to such members shall, however, be elected from Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan. (c) If this section applies, effective upon January 1 of the first year following the general election at which successors are elected pursuant to this section, the composition of Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan shall be effective for purposes of the appointment or election of members of boards or bodies where such are made on the basis of congressional districts. Section 5 . This Act does not repeal or amend the provisions of the 1981 congressional redistricting plan pertaining to Congressional Districts No. 4 and 5; those provisions are merely suspended pending the outcome of Busbee v. Smith . This Part I of this Act shall control the election of members of the United States House of Representatives from Georgia Congressional Districts No. 4 and 5. The election of members of the United States House of Representatives for Congressional Districts No. 1, 2, 3, 6, 7, 8, 9, and 10 continues to be governed by the 1981 congressional redistricting plan. The

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provisions of this Part I of this Act shall control over any conflicting provisions of the Code of 1933, as amended, particularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), shall control over any conflicting provisions of the Official Code of Georgia Annotated which will become effective November 1, 1982, as amended by said Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and shall control over any conflicting provisions of any other law of this state, unless and until a ruling in Busbee v. Smith makes Section 4 of this Act effective. Section 6 . (a) This Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) This Part I of this Act shall not be repealed by conflicting provisions of the Official Code of Georgia Annotated which shall become effective November 1, 1982. Part II Section 7 . The General Assembly finds that the court proceedings referred to in Section 1 of this Act have delayed the holding of elections in all of Georgia's congressional districts. The General Assembly finds that the existing delay of these elections and uncertainty over the future progress of these court proceedings require the enactment of this Part II of this Act in order to grant to the Governor broad authority to alter times and procedures otherwise specified for the election of members of the United States House of Representatives. The General Assembly declares that this grant of authority to the Governor, which is limited to proceedings related to the election of congressmen to take office in 1983, is necessary so that such proceedings may be carried out with a minimum of expense and delay and in compliance with federal and state law. Section 8 . (a) The Governor may at any time issue the call for any special primaries which are necessary to ensure that primaries are held for the nomination of candidates in each congressional district in Georgia for purposes of the election of members of the United States House of Representatives from Georgia to take office in 1983. If it is not possible to elect congressmen at the November, 1982, general election, the Governor may also at any time issue the call for any special election which is necessary to ensure that an election is held for all of such congressmen as soon after the date of the November,

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1982, general election as is reasonably possible. The Governor may also at any time fix any date for, and issue any call necessary for, any run-off primary or run-off election required to be held after said primary or said election. No specific period of time shall be required to elapse between the call of and the holding of any such primary, primary runoff, election, or run-off election. (b) In connection with the calling and holding of any such primary, primary runoff, election, and run-off election, the Governor shall have full authority to fix the dates of and prescribe the manner of: (1) Publications and advertisements of any matters required to be published or advertised; (2) Printing of ballots and absentee ballots; (3) The certification of candidates by political parties and political bodies; (4) The posting of names of candidates; (5) The qualification of and filing of notice of candidacy by candidates; (6) The certification of names of poll watchers; (7) The registration of voters; (8) The substituted nomination of candidates; (9) The notice of and holding of conventions by political bodies; (10) The preparation and availability of voting machines, vote recorders, and ballots; and (11) Such other like matters as are necessary or appropriate. (c) In connection with the election of congressmen to take office in 1983, the Governor shall prescribe such period of time as is reasonably practicable for the circulation of petitions for the nomination of candidates by petition. The Governor shall fix the number of

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electors' signatures necessary for nomination by petition in accordance with the following formula: The number of signatures necessary for nomination by petition in each congressional district shall be fixed at a number which reasonably approximates the product derived by multiplying 5 percent of the number of electors within the district eligible to vote at the last general election times a fraction; the numerator of this fraction shall be the number of days within the period of time prescribed for circulation of petitions and the denominator shall be 180. In no event, however, shall the number of electors whose signature is required be set at less than one-half of 1 percent of the number of electors within the district eligible to vote at the last general election. The Governor shall prescribe the deadline for filing of such petitions. (d) To the extent practicable, all proceedings for the election of congressmen to take office in 1983 shall be as provided in the Georgia Election Code. The provisions of this Part II of this Act shall, however, control over any conflicting provisions of the Georgia Election Code, Title 34 of the Code of 1933 and Title 21 of the Official Code of Georgia Annotated or any other law of this state; and the Governor, with respect to any matters as to which he is given authority by this Part II of this Act, shall not be bound by the provisions of the Georgia Election Code or any other law of this state. Section 9 . This Part II of this Act shall apply only for purposes of election of members of the United States House of Representatives from the State of Georgia to take office in 1983; and this Part II of this Act shall be repealed in its entirety upon the day after the day in 1983 on which all members of the United States House of Representatives from the State of Georgia shall have taken office. Section 10 . This Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11 . If this Part II of this Act has not been approved for enforcement under Section 5 of the federal Voting Rights Act by August 13, 1982, this Part II of this Act shall as of Midnight, August 13, 1982, be repealed in its entirety. Approved August 8, 1982.

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1983 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1983 OFFICIAL CODE OF GEORGIA ANNOTATED AMENDED. No. 1 (House Bill No. 3). 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 and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to revise certain citations and language in the Official Code of Georgia Annotated as a result of the ratification of the new Constitution of the State of Georgia at the 1982 general election; to provide for citations to the Official Code of Georgia Annotated and other codes and laws of the state; to provide for a statement of purpose; to provide for other matters relating to the Official Code of Georgia Annotated; to provide for effective dates; to repeal certain specific Acts of the General Assembly; 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 . The text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by the Michie Company in 1982 and contained in Volumes 3 through 40 of such publication, as amended by the text and numbering of Code sections as contained in the 1982 supplement to the Official Code of Georgia Annotated published under authority of the state in 1982 by the Michie Company, is reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. The reenactment of the statutory portion of the Official Code of Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements. The provisions contained in other sections of this Act and in the other Acts enacted at the 1983 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section. Section 2 . Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended as follows: (1) Said title is amended by adding at the end of Code Section 1-1-8, relating to references to the Official Code of Georgia Annotated, two new subsections, to be designated as subsections (d) and (e), to read as follows:

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(d) Unless otherwise indicated by the context in which it is used, any citation in any public or private document, writing, or other instrument to a law of the State of Georgia which has been codified in the Official Code of Georgia Annotated shall be construed to be a reference to such law as contained in the Official Code of Georgia Annotated. (e) Any reference in any Act of the General Assembly or in any other public or private document, writing, or other instrument to `O.C.G.A.' shall mean and refer to the Official Code of Georgia Annotated published under authority of the State of Georgia. The Official Code of Georgia Annotated published under authority of the State of Georgia may be cited or referred to as `O.C.G.A.' Section 3 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) Said title is amended by striking the commas following the words payment to and or representatives in the last sentence of subsection (a) of Code Section 2-9-34, relating to bonds required. Section 4 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows: (1) Said title is amended by striking subparagraph (i)(2)(B) of Code Section 3-3-7, relating to alcoholic beverage sales on Sunday, as enacted by an Act approved April 20, 1982 (Ga. L. 1982, p. 1855), and inserting in lieu thereof a new subparagraph (B) to read as follows: (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) of this subsection shall become of full force and effect in the unincorporated area of the county. If more than one-half of the votes cast on such question in any municipality are for approval, then paragraph (1) of this subsection shall become of full force and effect in such municipality. (2) Said title is further amended by redesignating subsection (i) of Code Section 3-3-7, relating to alcoholic beverage sales on Sunday, as enacted by an Act approved April 19, 1982 (Ga. L. 1982, p. 1768), as subsection (j), to reads as follows:

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(j) 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 beverages 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. (3) Said title is further amended by striking from subparagraph (b)2(A) of Code Section 3-4-90, relating to licensing of sales of distilled spirits by the drink, the following: any such future census, and inserting in lieu thereof the following: any future such census. (4) Said title is further amended by striking the ballot in subparagraph (b)(3)(B) of Code Section 3-4-90, relating to authorization by counties or municipalities of issuance of licenses for the sale of distilled spirits by the drink, in its entirety and inserting in lieu thereof a new ballot to read as follows: () YES () NO Shall the issuance to certain restaurants and organizations of licenses to sell distilled spirits by the drink be approved?

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(5) Said title is further amended by striking from subparagraph (b)(1)(B) of Code Section 3-4-91, relating to procedures for authorizing sales of distilled spirits by the drink, the following: the Georgia Election Code for county elections, or in the Georgia Municipal Election Code,, and inserting in lieu thereof the following: Chapter 2 of Title 21, the `Georgia Election Code,' for county elections, or in Chapter 3 of Title 21, the `Georgia Municipal Election Code,' , by adding of this subsection after paragraph (1) in subparagraph (b)(2)(A) of said Code section, and by striking from subparagraph (b)(2)(B) of said Code section the following: the Georgia Election Code for county elections, or the Georgia Municipal Election Code,, and inserting in lieu thereof the following: Chapter 2 of Title 21, the `Georgia Election Code,' for county elections, or in Chapter 3 of Title 21, the `Georgia Municipal Election Code,' . (6) Said title is further amended by striking from subparagraphs (1)(B) and (3)(B) of Code Section 3-6-50, relating to levy and imposition of tax on wines, the following: without, and inserting in lieu thereof the following: outside. (7) Said title is further amended by striking from subsection (b) of Code Section 3-7-43, relating to issuance of alcoholic beverage sales licenses to private clubs, the following:

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36,990, and inserting lieu thereof the following: 36,990,. (8) Said title is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 3-8-3, relating to malt beverage sales at coliseums, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows: (1) `Coliseum' means any multiuse coliseum-type facility which has a seating capacity of 9,000 or more and which is a project of as coliseum authority, together with related buildings, facilities, and extnsions of the project. (2)`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 accroding to the United States decennial census of 1980 or any future such census Section 5 . Title 7 of the Official Code of Georgia Annoted, relating to banking and finacne, is amended as follows: (1) Said title is amended by striking from subsection (a) of Code Section 7-1-915, relating to criminal penalties for violations of provisions to Article 11 of Chapter 1 of Title 7, the following: subsection (b), and inserting in lieu thereof the following: subsection (b) of this Code section. Section 6 . Title 8 of the Official Code of Georgia Annoted, relating to buildings and housing, is amended as follows: (1) Said title is amended by inserting a comma following offered for sale in paragraph (1) of subsection (a) of Code Section 8-2-112, relating to inspection and approval of industrialized buildings, by striking from paragraph (2) of subsection (b) of said Code section the following:

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industrialized buildings, and inserting in lieu thereof the following: industrialized building, and by adding preceding the period at the end of subsection (d) of said Code section the following: ,the `Georgia Administrative Procedure Act' . (2) Said title is further amended by striking subsection (c) of Code Section 8-2-115, relating to appeals from applications of rules and regulations, and inserting in lieu thereof a new subsection (c) to read as follows: (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, the `Georgia Administrative Procedure Act,' to the same courts with the same rights and limitations specified in such chapter. (3) Said title is further amended by striking from Code Section 8-2-116, relating to injunctive relief, the following: commission, and inserting in lieu thereof the following: commissioner. (4) Said title is further amended by striking from Code Section 8-2-119, relating to the applicability of Part 2 of Article 2 of Chapter 2 of Title 8, the following: mobile homes, and inserting in lieu thereof the following: manufactured homes. (5) Said title is further amended by striking subsection (a) of Code Section 8-2-137, relating to the conduct of hearings and the presentation of views, and inserting in lieu thereof a new subsection (a) to read as follows:

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(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, the `Georgia Administrative Procedure Act.' (6) Said title is further amended by striking from subsection (a) of Code Section 8-3-35, relating to powers of housing authorities, the following: the people of the state and accordingly creates and fosters, and inserting in lieu thereof the following: the people of the state, and accordingly creates and fosters, and by striking from said subsection the following: citizens of the state; that the making available, and inserting in lieu thereof the following: citizens of the state; and that the making available. (7) Said title is further amended by redesignating paragraphs (2) and (3) of subsection (a) of Code Section 8-3-50, relating to housing authority commissioners, as enacted by an Act approved April 21, 1982 (Ga. L. 1982, p. 2107), as paragraphs (3) and (4) to read as follows: (3) 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.

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(4) 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 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., and by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) When the governing body of a county adopts a resolution as provided in Code Section 8-3-5, said body shall appoint five persons as commissioners of the authority created for said county. (2) In addition to the five commissioners otherwise provided for in paragraph (1) of this subsection, 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 Code section in the same manner as the five commissioners otherwise provided for in paragraph (1) of this subsection. 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 of 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. (3) In any county with a population of 550,000 or more according to the United States decennial census of 1970 or any

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future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the governing body shall, in addition to the other commissioners authorized under paragraph (1) of this subsection, 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. (8) Said title is further amended by inserting a comma following That in paragraph (4) of subsection (a) of Code Section 8-3-171, relating to legislative findings and declarations relative to the Georgia Residential Finance Authority. (9) Said title is further amended by striking from paragraph (2) of subsection (d) of Code Section 8-3-175, relating to funds of the Residential Finance Authority, the following: Part 2 of Article 3, and inserting in lieu thereof the following: Part 2 of Article 3 of this chapter. (10) Said title is further amended by striking from paragraph (25) of subsection (a) of Code Section 8-3-176, relating to powers of the Residential Finance Authority, the following: To loans funds, and inserting in lieu thereof the following:

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To loan funds. (11) Said title is further amended by striking both paragraphs (26) and both paragraphs (27) of subsection (a) of Code Section 8-3-176, relating to powers of the Residential Finance Authority, and inserting in lieu thereof new paragraphs (26), (27), (28), and (29) 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 part; (27) 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; (28) 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; (29) To acquire and enter into commitments to acquire construction loan certificates and project loan certificates with bond proceeds and to pledge or otherwise to use any such construction loan certificates or project loan certificates in such manner as the authority deems in its best interest to secure or otherwise to provide a source of repayment for its bonds. (12) Said title is further amended by striking from subsection (a) of Code Section 8-3-179, relating to purchase of mortgages and participation therein by the Georgia Residential Finance Authority, the following: residential real property for single-and multi-family units, and inserting in lieu thereof the following: residential real property for single and multifamily units.

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(13) Said title is further amended by striking from paragraphs (3), (5), and (6) of subsection (a) of Code Section 8-3-180, relating to issuance and validation of revenue bonds and notes by the Georgia Residential Finance Authority, the following: multi-family residential housing, and inserting in lieu thereof the following: multifamily residential housing. (14) Said title is further amended by striking from the end of paragraph (5) of Code Section 8-3-190.2, relating to definitions for the Georgia Secondary Market Corporation Act, the following: Code Section 8-3-192.6, and inserting in lieu thereof the following: Code Section 8-3-192.1, by striking from paragraph (8) of said Code section the following: hereof, and by striking from paragraph (11) of said Code section the following: Code Section 8-3-192.3, and inserting in lieu thereof the following: Code Section 8-3-192.2. (15) Said title is further amended by striking from subsection (b) of Code Section 8-3-191.1, relating to the board of directors of the Georgia Secondary Market Corporation, the following: as it fully sets out, and inserting in lieu thereof the following:

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as if fully set out, and by striking paragraph (1) of subsection (b) and inserting in lieu thereof a new paragraph (1) to read as follows: (1) That nothing in this subsection shall be construed to mean that the board of directors of the corporation must elect the same persons to serve as officers of the board of directors of the corporation as are elected by the board of directors of the authority to serve as officers of the board of directors of the authority;. (16) Said title is further amended by striking from subsection (c) of Code Section 8-3-191.2, relating to the chief administrative officer of the Georgia Secondary Market Corporation, the following: subsection (a) and (b), and inserting in lieu thereof the following: subsections (a) and (b) of this Code section, by striking from subsection (d) of said Code section the following: personnel as is necessary, and inserting in lieu thereof the following: personnel as are necessary, and by striking the comma following this Code section in subsection (e). (17) Said title is further amended by striking from subsection (a) of Code Section 8-3-192, relating to guarantees of payment on securities, the following: of this part. (18) Said title is further amended by striking from Code Section 8-3-192.8, relating to application of proceeds of fees charged by the Georgia Secondary Market Corporation, the following:

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Code Section 8-3-193.5 of this part, and inserting in lieu thereof the following: Code Section 8-3-193.4, and by striking from said Code section the following: Code Section 8-3-193.6, and inserting in lieu thereof the following: Code Section 8-3-193.5. (19) Said title is further amended by striking from subsection (b) of Code Section 8-3-193, relating to issuance of mortgage capital certificates, the following: section, and inserting in lieu thereof the following: Code section, by inserting following the word including in subsection (f) of said Code section the following: Title 11,, and by striking subsection (l) of said Code section and inserting in lieu thereof a new subsection (l) to read as follows: (l) All mortgage capital certificates shall be executed, confirmed, and validated under, and in accordance with, Article 3 of Chapter 82 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 validation bearing the facsimile signature of the clerk of the Fulton County Superior Court stating the date on which said bonds were validated and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any

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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 7 . Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure, is amended as follows: (1) Said title is amended by striking from subsection (b) of Code Section 9-15-2, relating to affidavits of indigence in civil proceedings, the following: or other cost can be paid, and inserting in lieu thereof the following: or other costs can be paid. Section 8 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) Said title is amended by striking the semicolon at the end of paragraph (9) of Code Section 10-1-233, relating to acts of a gasoline distributor violating the Gasoline Marketing Practices Act, and inserting in lieu thereof a period and by striking in their entirety paragraphs (10) and (11) from said Code section, which read as follows: (10) After July 1, 1978, to refuse to continue to deal with an automotive gasoline dealer with whom it has had a marketing agreement for three years unless: (A) The dealer fails to comply with conditions of such agreement or fails to act in good faith in carrying out the terms of such agreement; or (B) Such automotive gasoline distributor's principal stockholder or principal operator dies during the term of any marketing agreement, in which case such agreement may be refused renewal by the heirs giving notice as provided for in this article; or

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(C) The dealer has violated the laws of this state relative to the ownership or operation of retail businesses; (11) After July 1, 1978, to refuse to continue to deal with an automotive gasoline dealer with whom it has had a marketing agreement for three years if such automotive gasoline dealer satisfies the court in an action brought by the automotive gasoline dealer under this Code section that such refusal to deal is not the product of the good faith business judgment of the automotive gasoline distributor. (2) Said title is further amended by striking Code Section 10-1-236 in its entirety, which reads as follows: 10-1-236. (a) It shall be a defense to any action brought under Code Section 10-1-235 that the marketing agreement was terminated or canceled because the distributor is not receiving rental in accordance with the terms of the agreement or for other legitimate business reason; provided, however, assumption by the distributor of the dealer's operation shall not be a legitimate business reason for cancellation. (b) No gasoline distributor may raise the defense set forth in subsection (a) of this Code section to an action brought under Code Section 10-1-235 unless he shall have given to the gasoline dealer who brings such action the written notice required by paragraph (2) of Code Section 10-1-233. (c) This defense is in addition to other defenses specified in this article and defenses available under contract or provided by law. (3) Said title is further amended by striking subsection (b) of Code Section 10-1-598, relating to contracts of membership in buying services and the requirements for such contracts, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Every contract must be in writing, must be signed by the member, must designate the date on which the member signed the contract, and must state, clearly and conspicuously in boldface type of a minimum size of 14 points, the following:

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`MEMBER'S RIGHT TO CANCEL If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before 12:00 Midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: (insert name and mailing address of club). If you cancel, the club will return, within ten days of the date on which you give notice of cancellation, a total refund.' (4) Said title is further amended by striking from paragraph (6) of Code Section 10-4-211, relating to definitions concerning self-service storage facilities, the following: safety deposit box, and inserting in lieu thereof the following: safe-deposit box. (5) Said title is further amended by striking from the next-to-last sentence in Code Section 10-4-213, relating to enforcement of warehousemen's liens without judicial intervention, the following: Code Chapter 44-12, and inserting in lieu thereof the following: Chapter 12 of Title 44. (6) Said title is further amended by striking from paragraphs (1) and (2) of subsection (d) of Code Section 10-9-15, relating to the power of the Geo. L. Smith II Georgia World Congress Center Authority with regard to ensuring maximum use of the project, the following: of the Official Code of Georgia Annotated. (7) Said title is further amended by striking from Code Section 10-9-16, relating to the duties of the Attorney General relative to the Geo. L. Smith II Georgia World Congress Center Authority, the following:

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of the Official Code of Georgia Annotated. Section 9 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: (1) Said title is amended by striking the word and at the end of paragraph (12) of Code Section 12-3-194, relating to the powers of the Stone Mountain Memorial Association, by striking the period and inserting in lieu thereof ; and at the end of paragraph (13), and by adding a new paragraph (14) at the end of said Code section to read as follows: (14) To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages, as defined in Title 3, at any motel, hotel, or convention center of the association located within the territorial limits of property controlled by the Stone Mountain Memorial Association, but no licenses for the sale of alcoholic beverages in unbroken packages for carry-out purposes shall be issued. (2) Said title is further amended by striking paragraph (8) of Code Section 12-3-403, relating to the powers of the Upper Savannah River Development Authority, in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows: (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;. (3) Said title is further amended by striking Code Section 12-3-422, relating to the general purpose of the Upper Savannah River Development Authority, in its entirety and inserting in lieu thereof a new Code Section 12-3-422 to read as follows: 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; gymnasiums; auditoriums; and related buildings; and the

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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 leasing or selling any or all of such facilities, including real property, and doing any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. (4) Said title is further amended by striking the semicolons at the end of paragraphs (1), (2), (3), and (4) of subsection (b) of Code Section 12-5-31, relating to permits for withdrawals or diversion of surface waters, and inserting periods in lieu thereof and by striking from subsection (m) of said Code section the following: insuring, and inserting in lieu thereof the following: ensuring. (5) Said title is further amended by striking subparagraph (4)(B) of Code Section 12-5-372, relating to definitions of terms used in the Georgia Safe Dams Act of 1978, in its entirety and inserting in lieu thereof a new subparagraph (B) to read as follows: (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 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 this part, including minimum spillway design;

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(ii) Any dam licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Regulatory Commission; or (iii) Any dam classified by the committee as a category II dam pursuant to Code Section 12-5-375, 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 and for the purposes of subsection (b) of Code Section 12-5-376. (6) Said title is further amended by striking subsection (g) of Code Section 12-5-375, relating to the powers and duties of the State Soil and Water Conservation Committee relative to dam safety, in its entirety and inserting 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. (7) Said title is further amended by striking subsection (d) of Code Section 12-5-376, relating to permits to construct and operate dams, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) Consistent with the provisions of Code Section 12-5-376.1, 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. (8) Said title is further amended by striking paragraphs (2) and (3) of subsection (a) of Code Section 12-5-376.1, relating to subclassification of category I dams, in their entirety and inserting in lieu thereof new paragraphs (2) and (3) to read as follows:

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(2) `Height' means the height of a dam determined in the manner described by paragraph (4) of Code Section 12-5-372. (3) `Acre-feet' means the measurement of the impounding capacity of a dam as described in paragraph (4) of Code Section 12-5-372. (9) Said title is further amended by striking paragraphs (1) and (4) of Code Section 12-5-441, relating to definitions as used in the Metropolitan River Protection Act, in their entirety and inserting in lieu thereof new paragraphs (1) and (4) to read as follows: (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. (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. (10) Said title is further amended by striking from Article II b. of the Southeast Interstate Low-Level Radioactive Waste Management Compact, as contained in Code Section 12-8-122, the following: radio active, and inserting in lieu thereof the following: radioactive, by striking from Article IV m. of said Code section the following: Except or otherwise provided herein, and inserting in lieu thereof the following: Except as otherwise provided herein,

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by striking from Article V b. of said Code section the following: therefore, and inserting in lieu thereof the following: therefor, by striking from Article VII d.1. of said Code section the following: Southeast Low-Level Radioactive Waste Commission, and inserting in lieu thereof the following: Southeast Interstate Low-Level Radioactive Waste Commission, and by striking from Article VII h. of said Code section the following: states, and inserting in lieu thereof the following: state. Section 10 . Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended as follows: (1) Said title is amended by striking from subparagraph (c)(3)(A) of Code Section 13-8-15, relating to unfair competition and deceptive trade practices, the following: part 13-8-15(c)(3)(B)(iii), and inserting in lieu thereof the following: division (c)(3)(B)(iii) of this Code Section. (2) Said title is further amended by striking from subparagraph (c)(3)(A) of Code Section 13-8-35, relating to unfair competition and deceptive trade practices, the following:

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part 13-8-35(c)(3)(B)(iii), and inserting in lieu thereof the following: division (c)(3)(B)(iii) of this Code section. Section 11 . 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 striking from the form contained in subsection (e) of Code Section 14-2-283, relating to involuntary dissolution of corporations by the Secretary of State, the following: Article 13 of this chapter, and inserting in lieu thereof the following: Article 13 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated. (2) Said title is further amended by striking from the form contained in subsection (c) of Code Section 14-2-327, relating to application for reinstatement after revocation of a certificate of authority, the following: the Georgia Corporation Code, and inserting in lieu thereof the following: the Georgia Business Corporation Code. (3) Said title is further amended by striking subparagraph (a)(2)(B) of Code Section 14-3-40, relating to corporate names of nonprofit corporations, in its entirety and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) That the corporation is organized by, affiliated with, or sponsored by any fraternal, veterans', service, religious, charitable, or professional organization, unless that fact is certified in writing in a manner satisfactory to the Secretary of State by the organization with which affiliation or sponsorship is claimed; or.

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(4) Said title is further amended by striking from the certificate contained in Code Section 14-4-101, relating to the issuance of a certificate of amendment to acquire powers, the following: secretary, and inserting in lieu thereof the following: Secretary of State. (5) Said title is further amended by striking from paragraph (4.5) of Code Section 14-6-1, relating to definitions relative to corporate takeover, the following: otherevidence, and inserting in lieu thereof the following: other evidence, by inserting a comma following the words for the purposes of this chapter in subparagraph (9)(B) of said Code section, and by striking from subdivision (9)(B)(v)(II) of said Code section the following: of the Georgia Insurance Code. (6) Said title is further amended by striking from paragraph (7) of subsection (b) of Code Section 14-6-2, relating to the registration of corporate takeover bids, the following: paragraph (6) above, and inserting in lieu thereof the following: paragraph (6) of this subsection, by striking from the fourth sentence of subsection (e) of said Code Section the following: under this section, and inserting in lieu thereof the following:

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under this Code section, by striking from the second sentence of subsection (h) of said Code section the following: in bold face print, and inserting in lieu thereof the following: in boldface print, and by striking from subsection (i) of said Code section the following: pursuant to subsection (b), and inserting in lieu thereof the following: pursuant to subsection (b) of this Code section. Section 12 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) Said title is amended by striking twice from subsection (c) of Code Section 15-3-5, relating to the compensation of Judges of the Court of Appeals, the following: subsection (a), and inserting in lieu thereof the following: subsection (b). (2) Said title is further amended by inserting a comma after the word July in subparagraph (a)(2)(A) of Code Section 15-6-3, relating to terms of superior court, by inserting a comma after the word August in subparagraph (a)(2)(B) of said Code section, by striking from subparagraph (a)(8)(F) of said Code section the following: Mondays, and inserting in lieu thereof the following:

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Monday, by inserting after the word Spalding in subparagraph (a)(19)(C) of said Code section the following: County, by inserting a comma after the word July in subparagraph (a)(24)(B) of said Code section, and by inserting a comma after the word August in subparagraph (a)(40)(A) of said Code section. (3) Said title is further amended by striking the period following paragraph (11) of Code Section 15-6-61, relating to duties of superior court clerks, and inserting in lieu thereof a semicolon. (4) Said title is further amended by striking from the undesignated language of paragraph (5) of subsection (c) of Code Section 15-6-77, relating to fees allowed to clerks of the superior courts, the following: April 1, 1963, and inserting in lieu thereof the following: July 1, 1981. (5) Said title is further amended by striking from paragraph (6) of subsection (c) of Code Section 15-6-77, relating to fees allowed to clerks of the superior courts, the following: and filing of continuation,, and inserting in lieu thereof the following: and filing of succeeding continuation statement,. (6) Said title is further amended by striking from paragraph (2) of subsection (c) of Code Section 15-6-86, relating to changing the location of the office of the clerk of superior court, the following: subsection (a) and (b),

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and inserting in lieu thereof the following: subsections (a) and (b), and by striking from said paragraph the following: insure, and inserting in lieu thereof the following: ensure. (7) Said title is further amended by striking from paragraph (7) of Code Section 15-9-37, relating to duties of clerks of probate courts, the following: paragraphs (7) or (8), and inserting in lieu thereof the following: paragraph (7) or (8). (8) Said title is further amended by striking from subsection (e) of Code Section 15-9-60, relating to fees allowed to judges of probate courts, the following: subsection (a), and inserting in lieu thereof the following: subsections (a) through (d). (9) Said title is further amended by striking from subsection (a) of Code Section 15-9-102, relating to the composition and terms of office of the Executive Probate Judges Council of Georgia, the following: the three state at large members, and inserting in lieu thereof the following: the three state-at-large members.

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(10) Said title is further amended by striking from subsection (a) of Code Section 15-10-132, relating to the composition of the Georgia Justice Courts Training Council, the following: five justices justice of the peace, and inserting in lieu thereof the following: five justices of the peace. (11) Said title is further amended by striking from subsection (a) of Code Section 15-11-54, relating to placement of juveniles after an order terminating parental rights, the following: Division of Youth Services, and inserting in lieu thereof the following: Department of Human Resources. (12) Said title is further amended by striking subsection (a) of Code Section 15-12-60, relating to qualifications of grand jurors, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as provided in subsection (b) of this Code section, 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 service, and who are the most experienced, upright, and intelligent persons are qualified and liable to serve as grand jurors unless exempted by law. (13) Said title is further amended by striking paragraph (4) of subsection (b) of Code Section 15-16-21, relating to fees allowed to sheriffs, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Each levy or writ of fieri facias..... 15.00. (14) Said title is further amended by striking from Code Section 15-16-27, relating to the deposit of cash bonds and reserves of professional bondsmen by sheriffs of certain counties, the following:

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decennial census of 1980 or any future decennial census, and inserting in lieu thereof the following: United States decennial census of 1980 or any future such census. (15) Said title is further amended by striking from subsection (c) of Code Section 15-18-14, relating to appointment and compensation of assistant district attorneys, the following: assistant district pursuant, and inserting in lieu thereof the following: assistant district attorney pursuant. (16) Said title is further amended by striking from subsection (c) of Code Section 15-22-6, relating to the Courts of Limited Jurisdiction Fund, the following: administrative office of the courts, and inserting in lieu thereof the following: Administrative Office of the Courts. Section 13 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) Said title is amended by striking the period following paragraph (4) of subsection (b) of Code Section 16-11-64, relating to the interception of wire or oral transmissions by law enforcement officers, and inserting in lieu thereof a semicolon. (2) Said title is further amended by striking from subsection (b) of Code Section 16-12-32, relating to seizure and disposition of certain property, the following: violation of this chapter, and inserting in lieu thereof the following:

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violation of this article. (3) Said title is further amended by striking from subsection (b) of Code Section 16-12-36, relating to certain promotional contests, as enacted by an Act approved April 16, 1982 (Ga. L. 1982, p. 1661), the following: 'contest', and inserting in lieu thereof the following: 'promotion'. (4) Said title is further amended by redesignating Code Section 16-12-36, relating to dogfighting, as enacted by an Act approved April 22, 1982 (Ga. L. 1982, p. 2214), as Code Section 16-12-37, so that when so amended said Code section shall read as follows: 16-12-37. (a) A person committs the offense of dogfighting when he causes or allows a dog to fight another dog for sport or 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. (5) Said title is further amended by striking from subsection (a) of Code Section 16-12-85, relating to the display of previews of restricted films to general audiences, the following: accompained, and inserting in lieu thereof the following: accompanied. (6) Said title is further amended by striking paragraphs (121), (166), (203), (305), (741), (851), and (986) of subsection (b) of Code Section 16-13-71, relating to dangerous drugs, and inserting in lieu thereof new paragraphs (121), (166), (203), (305), (741), (851), and (986) to read as follows:

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(121) Butyl nitrite; (166) Chlordiazeposide in combination with clidinium bromide or water soluble esterified estrogens; (203) Clortermine; (305) Diphtheria and tetanus toxoids and pertussis vaccine; (741) Plague vaccine; (851) Salmonella typhosa, Killed; (986) Trifluoperazine;, by inserting between paragraphs (224) and (226) of subsection (b) of said Code section a new paragraph, to be designated as paragraph (225), to read as follows: (225) Reserved;, by striking paragraph (25) of subsection (c) of said Code section and inserting in lieu thereof a new paragraph (25) to read as follows: (25) Selenium sulfide suspension 1 percent or less in strength;, and by striking paragraph (34) of subsection (d) of said Code section and inserting in lieu thereof a new paragraph (34) to read as follows: (34) Mercury bichloride;. (7) Said title is further amended by striking from Code Section 16-13-90, relating to the definition of model glue, the following: or chemical substitute, and inserting in lieu thereof the following: or chemical substance. (8) Said title is further amended by striking from division (3)(A)(xv) of Code Section 16-14-3, relating to RICO definitions, the following:

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Chapter 9, and inserting in lieu thereof the following: Chapter 10. Section 14 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) Said title is amended by inserting after the phrase in subsection (b) in subsection (a) of Code Section 17-6-1, relating to procedures regarding bail of persons accused of crimes, the following: of this Code section, by inserting after the second reference to the phrase in paragraph (2), in subparagraph (b)(1)(A) of said Code section the following: of this subsection, by inserting after the second reference to the phrase in paragraph (2) in subparagraph (b)(1)(B) of said Code section the following: of this subsection, by inserting after the second reference to the phrase in paragraph (2) in subparagraph (b)(1)(C) of said Code section the following: of this subsection, and by inserting four times after the words subsection (b) in subsection (c) of said Code section the following: of this Code section. (2) Said title is further amended by redesignating Code Section 17-6-70, relating to the procedure for forfeiture of bonds or recognizances, as enacted by an Act approved April 16, 1982 (Ga. L. 1982, p. 1658), as Code Section 17-6-70.1, so that when so amended said Code section shall read as follows: 17-6-70.1. Upon the failure of any principal in any bond or recognizance given by a person charged with a penal offense to appear

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or of a witness to appear and testify, the prosecuting attorney shall proceed to forfeit such bond or recognizance. (3) Said title is further amended by striking subsection (c) of Code Section 17-6-72, relating to judgments on forfeitures of appearance bonds, which reads as follows: (c) Reserved., and by redesignating subsection (d) as subsection (c), so that when so amended said subsection shall read as follows: (c) 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. (4) Said title is further amended by striking from subsection (a) of Code Section 17-10-7, relating to punishment of repeat offenders, the following: commit a crime, and inserting in lieu thereof the following: commit a felony. Section 15 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) Said title is amended by striking from the third paragraph contained in the form in paragraph (2) of subsection (c) of Code Section 19-8-4, relating to execution of surrender of parental rights, the following: Official Code of Georgia, and inserting in lieu thereof the following: Official Code of Georgia Annotated. Section 16 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows:

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(1) Said title is amended by striking from subsection (a) of Code Section 20-2-51, relating to selection of members of county boards of education, the following: freeholders, and inserting in lieu thereof the following: persons. (2) Said title is further amended by striking from Code Section 20-2-53, relating to certification of county boards of education, the following: Grand Jury;, and inserting in lieu thereof the following: grand jury,. (3) Said title is further amended by striking the words a freeholder, from Code Section 20-2-80, relating to appointment of local school trustees. (4) Said title is further amended by striking paragraphs (3) and (11) of subsection (b) of Code Section 20-2-250, relating to duties of the State Board of Education, in their entirety and inserting in lieu thereof new paragraphs (3) and (11) to read as follows: (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, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities. (11) `Renovation' or `modernization' or both refers to construction projects which consist of 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.,

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by adding the words of this Code section immediately following subsections (f), (g), (h), and (i) in paragraph (6) of subsection (c) of said Code section; by adding the words of this Code section immediately following subsections (h) and (i) in subsection (e) of said Code section; by adding of this Code section immediately following subsection (c) and twice immediately following subsection (f) in paragraph (2) of subsection (e) of said Code section; by adding the words of this Code section immediately following subsection (c) in paragraphs (5) and (6) of subsection (e); by striking paragraph (2) below and inserting in lieu thereof paragraph (2) of this subsection in paragraph (1) of subsection (g); by adding of this Code section following subsection (f) in paragraph (2) of subsection (g); by striking subsection (f) above and inserting in lieu thereof subsection (f) of this Code section in paragraph (1) of subsection (h); by adding of this Code section following subsections (c) and (e) in subparagraph (h)(2)(A) of said Code section; by striking subsections (c) and (e) above and inserting in lieu thereof subsections (c) and (e) of this Code section in subparagraph (h)(2)(B); by adding of this Code section following subsection (g) in subparagraph (h)(2)(B) of said Code section; by striking paragraph (2) above and inserting in lieu thereof paragraph (2) of this subsection in paragraph (3) of subsection (h) of said Code section; by striking paragraph (1) above and inserting in lieu thereof paragraph (1) of this subsection in paragraph (4) of subsection (h) of said Code section; by adding of this Code section following subsection (h) in subparagraph (i)(5)(B) of said Code section; by adding of this Code section following paragraph (5) of subsection (f) in subparagraph (i)(5)(B) of said Code section; by adding of this Code section following subsection (h) in subparagraph (i)(5)(C) of said Code section; and by adding of this Code section following subsection (i) and subsection (h) in subsection (j) of said Code section. (5) Said title is further amended by striking paragraphs (1), (2), and (3) of subsection (c) of Code Section 20-2-250, relating to duties of the State Board of Education, in their entirety and inserting in lieu thereof new paragraphs (1), (2), and (3) to read as follows: (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

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property assessment for bond purposes; outstanding school bonds and annual debt service; and 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 educational 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 retrofitting 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 retrofitting; 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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(6) Said title is further amended by striking from subsection (a) of Code Section 20-2-690, relating to certain responsibilities of parents or guardians of children between seven and 16 years of age, the following: subsection (b) of this Code section, and inserting in lieu thereof the following: Chapter 11 of Title 15. (7) Said title is further amended by striking paragraph (3) of Code Section 20-2-910, relating to definitions regarding public school employees, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Public school employee' means an `employee' as defined in paragraph (20) of Code Section 47-4-2 `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 percent of the time required to carry out the duties of such position. (8) Said title is further amended by striking subsection (b) of Code Section 20-2-920, relating to contributions to a health insurance plan for public school employees, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The Department of Education shall contribute to the 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. (9) Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 20-2-942, relating to procedure for nonrenewal of contract or demotion of teachers, in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Teacher' means any professional school employee certificated by the State Board of Education.

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(10) Said title is further amended by striking from Code Section 20-2-987, relating to the employment of an executive secretary of the Professional Standards Commission, the following: member of Employees' Retirement System of Georgia, and inserting in lieu thereof the following: member of the Employees' Retirement System of Georgia. (11) Said title is further amended by adding the words of this Code section immediately following in subsection (b) in subsection (a) of Code Section 20-3-475, relating to the establishment of grants for attendance at colleges of osteopathic medicine. (12) Said title is further amended by striking subsections (a) and (b) of Code Section 20-8-5, relating to law enforcement powers of school security personnel, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: (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) of this Code section 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 Chapter 8 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. Section 16.1. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended as follows:

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(1) Said title is amended by adding a new Code Section 22-2-102.1 to read as follows: 22-2-102.1. Whenever it shall be necessary for such condemning body to take or damage private property, or any interest or easement therein, in pursuance of any law so authorizing, for any public purpose, and where, by reason of the necessities of the public needs, of which the condemning body shall be the exclusive judge, and it shall be desirable for these reasons to have a quick and effective adjudication of the just and adequate compensation to be paid the owner or owners of such property before taking the same, and it shall be desirable to have a judicial ascertainment and judicial supervision of all questions and proceedings connected with the matter, such condemning body may, through any authorized representative, petition the superior court of the county having jurisdiction, for a judgment in rem against said property, or any easement or other interest in said property, condemning the same in fee simple to the use of the petitioner upon payment of just and adequate compensation therefor. (2) Said title is further amended by adding a new Code Section 22-2-102.2 to read as follows: 22-2-102.2. The petition referred to in Code Section 22-2-102.1 shall set forth: (1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; and (5) Such other facts as are necessary for a full understanding of the cause. Section 17 . Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended as follows:

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(1) Said title is amended by striking from Code Section 24-10-27, relating to witness fees for police officers, the following: the commanding officer of the State Patrol, and inserting in lieu thereof the following: the commanding officer of the Georgia State Patrol. Section 18 . 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 striking the introductory language of Code Section 25-3-2, relating to the powers of fire departments in the event of emergencies, in its entirety and inserting in lieu thereof the following: In the event of any fire, explosion, or similar emergency, the fire department in any county, municipality, or other political subdivision shall be authorized to:. (2) Said title is further amended by striking the period at the end of paragraph (2) of Code Section 25-4-8, relating to qualifications of firefighters generally, and inserting in lieu thereof a semicolon. Section 19 . 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 striking the comma following the word board and inserting in lieu thereof a semicolon in paragraph (3) of subsection (a) of Code Section 26-4-72, relating to qualifications for a pharmacist's license. (2) Said title is further amended by striking the undesignated language following paragraph (2) of subsection (a) of Code Section 26-4-101, relating to pharmacy license qualifications, in its entirety and inserting in lieu thereof new language to read as follows: No person shall have his license revoked, if a hearing officer does not give a report of recommendation within 60 days of a revocation hearing.,

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and by striking from paragraph (2) of said subsection the following: the `Georgia First Offender Act', and inserting in lieu thereof the following: Article 3 of Chapter 8 of Title 42. Section 20 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) Said title is amended by striking Code Section 27-1-14, relating to disposition of fines and forfeitures arising from violation of the wildlife laws, rules, and regulations, and inserting in lieu thereof a new Code Section 27-1-14 to read as follows: 27-1-14. The proceeds from all fines and forfeitures arising from criminal prosecution for violation of the wildlife laws, rules, and regulations shall, except as otherwise specially provided in this title, be applied initially to payment of the fees of the officers of the trial court and court costs as prescribed by law. Any money remaining after such disposition shall be remitted promptly by the clerk of the court in which the case is disposed of to the county treasurer of the county in which the fine is assessed, who shall deposit the funds in the general funds of the county. (2) Said title is further amended by striking from Code Section 27-1-30, relating to disturbing of wildlife habitats, the following: habitats; provided, and inserting in lieu thereof the following: habitats, provided. (3) Said title is further amended by striking Code Section 27-2-18, relating to permits to kill deer causing damage to crops, in its entirety and inserting in lieu thereof a new Code Section 27-2-18 to read as follows: 27-2-18. The department shall be authorized to issue to a person who cultivates crops, who is immediately responsible for their cultivation, or who is the principal owner of the crops a permit to kill

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deer which have caused or are reasonably certain to cause damage to crops which were planted for the purpose of harvesting and marketing such crops or their by-products. The person shall apply to the department for such a permit on a form containing such information as may be necessary for the proper evaluation and consideration of the application. Permits shall be issued only in cases where the department has determined that the killing of deer is justified. Representatives of the department are authorized to investigate claims of damage and the necessity of killing deer prior to the issuance of such a permit. Permits issued by the department shall include restrictions and conditions relative to the property on which deer may be killed, persons authorized to kill deer on the property, crops which may be protected, number and sex of deer which may be killed, expiration of permit, and such other restrictions and conditions as may be necessary. It shall be unlawful for any person to kill any deer under the authority of any such permit except in accordance with the restrictions and conditions of the permit. (4) Said title is further amended by striking the period following the words adopted by the board at the end of paragraph (11) of subsection (b) of Code Section 27-3-15, relating to hunting seasons and bag limits. (5) Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 27-3-63, relating to prohibited activities relating to trapping and tending of traps, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Fail to carry a weapon of.22 caliber rimfire while tending traps and to fail to use such weapon to dispatch any fur-bearing animal found in a trap, which animal is to be taken by the person;, by striking the word or at the end of paragraph (9) of said subsection, and by striking the period at the end of paragraph (10) of said subsection and inserting in lieu thereof the following: ; or. (6) Said title is further amended by striking subparagraph (7)(A) of Code Section 27-4-53, relating to trout waters with seasons, in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows:

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(A) All streams or parts of streams, except those listed in Code Section 27-4-52; and. (7) Said title is further amended by striking from Article XI of the Atlantic States Marine Fisheries Compact as contained in Code Section 27-4-210, relating to the Atlantic States Marine Fisheries Compact, the following: New Hampshire..... 200.00, and inserting in lieu thereof the following: New Hampshire..... 200.00. Section 21 . Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended as follows: (1) Said title is amended by adding the word and following the semicolon at the end of subparagraph (a)(8)(B) of Code Section 30-1-4, relating to the council on the deaf. Section 22 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) Said title is amended by striking the word or at the end of subparagraph (1)(D) of Code Section 31-7-1, relating to the definition of institution, and by striking the period at the end of subparagraph (1)(E) and inserting in lieu thereof a semicolon. (2) Said title is further amended by striking paragraphs (6), (7), and (24) of Code Section 31-7-75, relating to the functions and powers of county and municipal hospital authorities, and inserting in lieu thereof new paragraphs (6), (7), and (24) to read as follows: (6) To sell to others, or to lease to others for any number of years up to a maximum of 40 years, any lands, buildings, structures, or facilities constituting all or any part of any existing or hereafter established project. This power shall be unaffected by the language set forth in paragraph (13) of this Code section or any implications arising therefrom unless grants of assistance have been received by the authority with respect to such lands, buildings, structures, or facilities, in which case approval in writing as set forth in paragraph (13) of this Code section shall be obtained prior to selling or leasing to others within 20 years after completion of construction;

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(7) To lease for any number of years up to a maximum of 40 years for operation by others any project, provided that the authority shall have first determined that such lease will promote the public health needs of the community by making additional facilities available in the community or by lowering the cost of health care in the community and that the authority shall have retained sufficient control over any project so leased so as to ensure that the lessee will not in any event obtain more than a reasonable rate of return on its investment in the project, which reasonable rate of return, if and when realized by such lessee, shall not contravene in any way the mandate set forth in Code Section 31-7-77 specifying that no authority shall operate or construct any project for profit. Any lessee shall agree in the lease to pay rent sufficient in each year to pay the principal of and the interest on any revenue anticipation certificates proposed to be issued to finance the cost of the construction or acquisition of any such project and to pay off or refinance, in whole or in part, any outstanding debt or obligation of the lessee (including any redemption or prepayment premium due thereon) which was incurred in connection with the acquisition and construction of facilities of such lessee and the amount necessary in the opinion of the authority to be paid each year into any reserve funds which the authority may deem advisable to be established in connection with the retirement of the proposed revenue anticipation certificates and the maintenance of the project. Any such lease shall further provide that the cost of all insurance with respect to the project and the cost of maintenance and repair thereof shall be borne by the lessee. In carrying out a refinancing plan with regard to any outstanding debt or obligation of the lessee which was incurred in connection with the acquisition and construction of facilities of such lessee, the authority may use proceeds of any revenue anticipation certificates issued for such purpose to acquire such outstanding debt or obligation, in whole or in part, and may itself or through a fiduciary or agent hold and pledge such acquired debt or obligation as security for the payment of such revenue anticipation certificates. The powers granted in this paragraph shall be unaffected by the language set forth in paragraph (13) of this Code section or any implications arising therefrom unless grants of assistance have been received by the authority with respect to such project, in which case approval in writing as set forth in paragraph (13) of this Code section shall be obtained prior to leasing to others within 20 years after completion of construction. Any revenues derived by the authority from any such lease shall be applied by the authority to the payment of any revenue anticipation certificates issued in connection with the acquisition and construction

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of the project and the payment, in whole or in part, of any outstanding debt or obligation of the lessee which was incurred in connection with the acquisition and construction of facilities of such lessee (including any redemption or prepayment premium due thereon) or to the payment of any other expenses incurred in connection with acquiring, financing, maintaining, expanding, operating, or equipping the project; (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 this title, 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. (3) Said title is further amended by adding a new Article 6A, Medical Review Committees, to Chapter 7, relating to regulation of hospitals, to read as follows: ARTICLE 6A 31-7-140. As used in this article, the term `medical review committee' means a committee of a state or local professional society or of a medical staff or a licensed hospital, nursing home, medical foundation, or peer review committee, provided the medical staff operates pursuant to written bylaws that have been approved by the governing board of the hospital or nursing home, which committee is formed to evaluate and improve the quality of health care rendered by providers of health service or to determine that health services rendered were professionally indicated or were performed in compliance with the applicable standard of care or that the cost of health care rendered was considered reasonable by the providers of professional health services in the area.

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31-7-141. There shall be no monetary liability on the part of and no cause of action for damages shall arise against any member of a duly appointed medical review committee for any act or proceeding undertaken or performed within the scope of the functions of any such committee if the committee member acts without malice or fraud. This immunity shall apply only to actions by providers of health services, and in no way shall this Code section render any medical review committee immune from any action in tort or contract brought by a patient or his successors or assigns. This Code section shall not affect the immunity of an officer or an employee of a public corporation. 31-7-142. Code Section 31-7-141 shall not be construed to confer immunity from liability on any professional society or hospital or upon any health professional while performing services other than as a member of a medical review committee. In any case in which, except for this article, a cause of action would arise against a hospital, professional society, or any individual health professional, such cause of action shall exist as if this article had not been enacted. 31-7-143. The proceedings and records of medical review committees shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters which are the subject of evaluation and review by such committee; and no person who was in attendance at a meeting of such committee shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of such committee or as to any findings, recommendations, evaluations, opinions, or other actions of such committee or any members thereof. However, information, documents, or records otherwise available from original sources shall not be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such committee; nor shall any person who testifies before such committee or who is a member of such committee be prevented from testifying as to matters within his knowledge, provided that such witness may not be questioned regarding his testimony before such a committee or opinions formed by him as a result of such committee hearings. (4) Said title is further amended by striking paragraph (1) of Code Section 31-8-2, relating to the definition of an indigent person, and inserting in lieu thereof a new paragraph (1) to read as follows:

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(1) `Indigent person' means any resident who is ill or injured and who from his own resources or from the resources of those upon whom he is legally dependent is financially unable to meet the full cost of hospital care as prescribed or ordered by a physician. An allegedly indigent person shall not be considered an `indigent person' for the purposes of this article until and unless he shall be certified as an `indigent person' by the governing authority of his county of residence. If the governing authority shall fail or refuse to certify a person as an `indigent person' within five days after the next regular or special meeting of the governing authority receiving notice as to such person's being admitted to a participating hospital, neither the county nor the hospital shall be responsible for any medical costs incurred by such person, but the person himself shall be responsible for all such costs. (5) Said title is further amended by striking from paragraph (2) of Code Section 31-10-15, relating to death certificates, each time that it appears, the following: air space, and inserting in lieu thereof the following: airspace. Section 23 . 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 striking from paragraph (18) of Code Section 32-1-3, relating to definitions for the Georgia Code of Public Transportation, the following: paragraph (2) of Code Section 32-9-1, and inserting in lieu thereof the following: paragraph (2) of subsection (a) of Code Section 32-9-1. (2) Said title is further amended by striking the comma following personnel in paragraph (5) of Code Section 32-4-42, relating to the powers of a county with respect to its county road system, and by striking the period and inserting in lieu thereof ; and at the end of paragraph (10) of said Code section.

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(3) Said title is further amended by striking from paragraph (2) of subsection (a) of Code Section 32-6-26, relating to weight limits of vehicles operated on public roads, the following: (4) Said title is further amended by striking subsection (b) of Code Section 32-6-27, relating to enforcement of load limitations, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code section shall apply separately to (1) the excess weight of the gross load and (2) the sum of the excess weight or weights of any axle or axles, provided that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the state only for the largest of the money damages imposed under items (1) and (2) of this subsection. Section 24 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) Said title is amended by adding a new subsection at the end of Code Section 33-3-23, relating to restrictions as to transaction of insurance by certain organizations, to be designated subsection (f), to read as follows: (f) Nothing contained within this Code section shall apply to any lending institution, bank holding company, nor to any organization which was a subsidiary or affiliate of either of the foregoing on January 1, 1974, nor to any officer or employee of the foregoing, if, on January 1, 1974, such lending institution, bank holding company, subsidiary or affiliate, officer, or employee was licensed to operate and was conducting business in conformity with all federal and state laws applicable thereto, and all federal and state rules and regulations applicable thereto and who have since January 1, 1974, been in continuous operation.

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(2) Said title is further amended by striking from subsection (c) of Code Section 33-3-25, relating to certain writing standards for insurance policies, the following: Chapters, and inserting in lieu thereof the following: Chapter. (3) Said title is further amended by striking subsection (b) of Code Section 33-7-15, relating to cooperation by an insured with an insurer in connection with defending certain actions, in its entirety and inserting in lieu thereof new subsections (b) and (b.1) to read as follows: (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. (b.1) 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. (4) Said title is further amended by striking from Code Section 33-8-2, relating to fees and taxes imposed upon representatives of insurers, the following: 33-3-25, and inserting in lieu thereof the following: 33-3-26. (5) Said title is further amended by striking subparagraph (e)(1)(A) of Code Section 33-10-13, relating to valuation of reserves of insurers, in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows:

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(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 per annum payable on the first and each subsequent anniversary of such policy on which a premium falls due; provided, however, that the net level annual 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. (6) Said title is further amended by adding or annuity company between the words insurance company and providing in subsection (b) of Code Section 33-11-35, relating to the establishment of seperate accounts for variable annuity contracts, and by adding the following between the words in this state and and the Commissioner in subsection (n) of said Code section: 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. (7) Said title is further amended by striking from subsection (a) of Code Section 33-11-36, relating to the establishment of separate accounts for variable life insurance policies, the following: or annuity company, and by striking the following from subsection (e) of said Code section: 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. (8) Said title is further amended by striking from paragraph (3) of Code Section 33-12-2, relating to certain deposits by insurers, the following: 33-3-25,

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and inserting in lieu thereof the following: 33-3-26. (9) Said title is further amended by striking from subsection (b) of Code Section 33-12-3, relating to certain assets eligible for deposit by insurers, the following: 33-3-25, and inserting in lieu thereof the following: 33-3-26. (10) Said title is further amended by striking from Code Section 33-12-10, relating to levy upon deposits by certain creditors, the following: 33-3-25, and inserting in lieu thereof the following: 33-3-26. (11) Said title is further amended by striking from subsection (b) of Code Section 33-14-8, relating to procedures for amendment or renewal of charter, the following: $100.00, and inserting in lieu thereof the following: $50.00, and by striking subsection (g) of said Code section and inserting in lieu thereof a new subsection (g) to read as follows: (g) A petition for renewal of the charter shall follow the procedure set forth in subsections (b) through (f) of this Code section, except that the fee for filing a petition for renewal of the charter shall be $100.00.

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(12) Said title is further amended by adding a comma after the word that in paragraphs (3), (11), and (12) of subsection (a) and by striking subsection (b) of Code Section 33-25-3, relating to required provisions of life insurance policies, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any of the provisions enumerated in subsection (a) of this Code section or portions thereof not applicable to single premium or term policies shall to that extent not be incorporated in single premium or term policies. This Code section shall not apply to credit or group insurance, or to any provision of a life insurance policy, or contract supplemental to a life insurance policy, relating to disability benefits or to additional benefits in event of death by accident or accidental means. (13) Said title is further amended by striking subsection (b) of Code Section 33-27-3, relating to required policy provisions for group life insurance policies, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) The provisions of paragraphs (6), (8), (9), and (10) of subsection (a) of this Code section shall not apply to policies issued to a creditor to insure debtors of such creditor. (2) The standard provisions required for individual life insurance policies shall not apply to group insurance policies. (3) If the group life insurance policy is on a plan of insurance other than the term plan, it shall contain a nonforfeiture provision or provisions which in the opinion of the Commissioner is or are equitable to the insured persons and to the policyholder, but nothing herein shall be construed to require that group life insurance policies contain the same nonforfeiture provisions as are required for individual life insurance policies. (14) Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 33-29-2, relating to requirements for individual accident and sickness insurance policies, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) It purports to insure only one person, provided that a policy may insure, originally or by subsequent amendment upon the application of an adult member of a family who shall be deemed the

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policyholder, any two or more eligible members of that family, including husband, wife, dependent children, or any children, under a specified age which shall not exceed 19 years, and any other person dependent upon the policyholder; provided, further, that, if a policy purports to insure a dependent child of the policyholder, the child shall continue to be insured to age 25 so long as the policy continues in effect, the child remains a dependent of the policyholder, and the child, in each calendar year since reaching the age specified in the policy for termination of benefits as a dependent of the policyholder, has been enrolled for five calendar months or more as a full-time student in a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury;. (15) Said title is further amended by adding the word and following paragraph (7) of subsection (a) of Code Section 33-29-2, relating to requirements for individual accident and sickness insurance policies, by striking the punctuation and word ; and and inserting in lieu thereof a period at the end of paragraph (8) of said subsection, and by deleting paragraph (9), which reads as follows: (9) It contains no provision relating to insurance with other insurers., in its entirety. (16) Said title is further amended by striking from division (b)(2)(A)(i) of Code Section 33-29-3, relating to required provisions for individual accident and sickness insurance policies, the following: paragraphs (1) through (4), and inserting in lieu thereof the following: paragraphs (1) through (3). (17) Said title is further amended by striking subparagraph (b)(3)(B) of Code Section 33-29-4, relating to optional provisions of accident and sickness insurance policies and inserting in its place a new subparagraph (B) to read as follows: (B) Insurance effective at any one time on the insured under a like policy or policies with this insurer is limited to the one such policy

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elected by the insured, his beneficiary, or his estate, as the case may be, and the insurer will return all premiums paid for all other policies. (18) Said title is further amended by adding a new paragraph (11) at the end of subsection (b) of Code Section 33-29-4, relating to optional provisions of accident and sickness insurance policies, to read as follows: (11) No such accident and sickness insurance policy shall contain any provision relating to insurance with other insurers. (19) Said title is further amended by striking paragraph (4) of Code Section 33-30-4, relating to required provisions of group accident and sickness insurance policies, in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows: (4) A provision that, with respect to termination of benefits for, or coverage of, any person who is a dependent child of an insured, the child shall continue to be insured to age 25 so long as the coverage of the member continues in effect, the child remains a dependent of the insured parent or guardian, and the child, in each calendar year since reaching any age specified for termination of benefits as a dependent, has been enrolled for five calendar months or more as a full-time student at a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury. This paragraph shall not apply to group policies under which an employer provides coverage for dependents of its employees and pays the entire cost of the coverage without any charge to the employee or dependents. (20) Said title is further amended by striking from subsection (b) of Code Section 33-34-5, relating to optional coverage for motor vehicle accident insurance, the following: bold-faced, and inserting in lieu thereof the following: boldface. (21) Said title is further amended by striking from paragraph (2) of subsection (d) of Code Section 33-34-10, relating to the requirement

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of proof of insurance prior to licensing of motor vehicles, the following: is not received, and inserting in lieu thereof the following: are not received. (22) Said title is further amended by striking from subsection (a) of Code Section 33-39-20, relating to the right of reviewing certain orders of the Commissioner, the following: in the superior court of Fulton County, and inserting in lieu thereof the following: in the Superior Court of Fulton County, and by striking from subsection (c) of said Code section the following: Code Sections, and inserting in lieu thereof the following: Code Section. (23) Said title is further amended by striking from subsection (a) of Code Section 33-39-21, relating to equitable relief for violation of certain insurance laws, the following: Code Sections, and inserting in lieu thereof the following: Code Section. Section 25 . 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 striking Code Section 34-3-1, relating to maximum hours of employment in cotton and woolen mills and overtime pay, which reads as follows:

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34-3-1. The hours of labor required of all employees of cotton or woolen manufacturing establishments in this state shall not exceed 40 hours per week unless such employees receive compensation for the hours in excess of 40 hours at a rate not less than one and one-half times the regular rate at which they are employed., in its entirety and inserting in lieu thereof a new Code Section 34-3-1 to read as follows: 34-3-1. The hours of labor required of all persons employed in all cotton or woolen manufacturing establishments in this state, except engineers, firemen, watchmen, mechanics, teamsters, yard employees, clerical force, and all help that may be needed to clean up and make necessary repairs or changes in or of machinery, shall not exceed ten hours per day; or the same may be regulated by employers, so that the number of hours shall not in the aggregate exceed 60 hours per week, provided that nothing contained in this Code section shall be construed to prevent any of the aforesaid employees from working such time as may be necessary to make up lost time, not to exceed ten days, caused by accidents or other unavoidable circumstances. (2) Said title is further amended by inserting a comma following state unemployment compensation act in paragraph (6) of subsection (o) of Code Section 34-8-40, relating to the definition of employment in the Employment Security Law, and by inserting a comma following or who have in paragraph (7) of subsection (o) of said Code section. (3) Said title is further amended by striking the word and at the end of paragraph (3) of subsection (b) of Code Section 34-8-51, relating to the definition of wages, by striking the period and inserting in lieu thereof ; and at the end of paragraph (4) of said subsection, by adding a new paragraph (5) to said subsection to read as follows: (5) Any remuneration paid for services by an alien, unless such alien is an individual who has been lawfully admitted for permanent residence or otherwise is permanently residing in the United States under color of law (including an alien who is lawfully present in the United States as a result of the application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the Immigration and Nationality Act).,

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and by striking subsection (e) of said Code section in its entirety. (4) Said title is further amended by striking from the fifth sentence of paragraph (1) of Code Section 34-8-102, relating to withdrawals from the Unemployment Trust Fund, the following: this purpose of bonds, and inserting in lieu thereof the following: this purpose or bonds. (5) Said title is further amended by striking from the second rate table of subsection (h) of Code Section 34-8-122, relating to variations from the standard rate for employer contributions and payments in lieu of contributions for unemployment compensation, the following: 10.7 11.1 9.84 0.16, and inserting in lieu thereof the following: 10.7 11.1 9.84 10.21 0.16, by striking from the second rate table for employers with deficit reserve accounts of said subsection the following: 3.55 3.89 3.27 3.58 2.48, and inserting in lieu thereof the following: 3.55 3.89 3.27 3.58 2.40, and by striking from subsection (j) of said Code section, both times that it appears, the following: within 30 days, and inserting in lieu thereof the following: within 15 days. (6) Said title is further amended by striking from paragraph (4) of subsection (c) of Code Section 34-8-123, relating to payments in

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lieu of contributions for financing of benefits paid employees of nonprofit organizations, both times that it appears, the following: than 30 days, and inserting in lieu thereof the following: than 15 days, by striking from paragraph (3) of subsection (d) of said Code section the following: The Commission shall require, and inserting in lieu thereof the following: The Commissioner shall require, and by striking from paragraph (4) of subsection (d) of said Code section the following: 30 days, and inserting in lieu thereof the following: 15 days. (7) Said title is further amended by striking from subsection (b) of Code Section 34-8-151, relating to eligibility for unemployment benefits, the following: Code Section 34-8-11, and inserting in lieu thereof the following: Code Section 34-8-122, by striking from said subsection the following: paragraph (3) of Code Section 34-8-158, and inserting in lieu thereof the following:

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paragraph (1) of subsection (c) of Code Section 34-8-123. (8) Said title is further amended by inserting a comma between the words pension and retirement both times that they appear in subsection (e) of Code Section 34-8-153, relating to the determination of the weekly benefit amount. (9) Said title is further amended by striking from paragraph (2) of Code Section 34-8-158, relating to grounds for disqualification for unemployment benefits, the following: more then, and inserting in lieu thereof the following: more than, and by striking from paragraph (7) of said Code section the following: Code Section 34-8-158, and inserting in lieu thereof the following: this Code section. (10) Said title is further amended by striking from paragraph (4) of Code Section 34-9-1, relating to definitions for workers' compensation, the following: Drug addition, and inserting in lieu thereof the following: Drug addiction. (11) Said title is further amended by striking from subsection (d) of Code Section 34-9-130.1, relating to policies or contracts of insurance against liability for compensation under the workers' compensation law, the following: Chapter 33-2,

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and inserting in lieu thereof the following: Chapter 2 of Title 33. (12) Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 34-9-281, relating to compensation for occupational disease under workers' compensation law, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) 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 death follows continuous disability from such disease commencing within the period above specified for which compensation has been paid or awarded or timely claim made as provided by this chapter and results within seven years after such last exposure. (13) Said title is further amended by striking from subsection (d) of Code Section 34-9-281, relating to compensation for occupational disease under workers' compensation law, the following: this chapter, and inserting in lieu thereof the following: paragraph (3) of subsection (b) of this Code section. Section 26 . 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 striking from paragraph (1) of subsection (b) of Code Section 35-8-3, relating to membership of the Georgia Peace Officer Standards and Training Council, the following: the commissioner of the Department of Offender Rehabilitation, and inserting in lieu thereof the following: the commissioner of offender rehabilitation.

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Section 27 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) Said title is amended by redesignating Code Section 36-5-23, which relates to the salaries of the county commissioner in counties having a population of not less than 12,300 or more than 12,400, as enacted by an Act approved April 12, 1982 (Ga. L. 1982, p. 588), as Code Section 36-5-24, so that when so amended said Code section shall read as follows: 36-5-24. 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. (2) Said title is further amended by striking from subsections (b) and (c) of Code Section 36-9-3, relating to procedure for sale or disposition of county real property, the following: county-owned, wherever the same shall appear and inserting in lieu thereof the following: county owned. (3) Said title is further amended by striking from subsection (d) of Code Section 36-12-5, relating to the interment of deceased indigents, the following: and not more then $375.00, and inserting in lieu thereof the following: and not more than $375.00. (4) Said title is further amended by striking from Code Section 36-13-5.1, relating to issuance of citations for a violation of building, electrical, and other codes and ordinances in certain counties, the following:

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United State, and inserting in lieu thereof the following: United States. (5) Said title is further amended by striking Code Section 36-15-7, relating to use of county law library funds, in its entirety and inserting in lieu thereof 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. (6) Said title is further amended by redesignating subsection (c) of Code Section 36-15-9, relating to the collection of additional costs in court cases, as enacted by an Act approved April 12, 1982 (Ga. L. 1982, p. 591), as subsection (d), so that when so amended said subsection shall read as follows: (d) 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. (7) Said title is further amended by striking from the second sentence of Code Section 36-30-12, relating to closing of streets adjacent to or through institutions of higher learning in municipal corporations having a population of 400,000 or more, the following:

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Code section, public safety and welfare shall, and inserting in lieu thereof the following: Code section, `public safety and welfare' shall. (8) Said title is further amended by striking subparagraph (2)(A) of Code Section 36-62-9, relating to the purposes of the development authority's law, in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows: (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 Chapter 3 of Title 14, the Georgia Nonprofit Corporation Code,) having as one of its purposes the development of trade, commerce, industry, and employment opportunities; or. Section 28 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended as follows: (1) Said title is amended by striking from subsection (a) of Code Section 37-3-22, relating to the right of a voluntary patient to be discharged upon application, the following: Code Section 37-3-41 or Code Section 37-3-61, and inserting in lieu thereof the following: Code Section 37-3-41, Code Section 37-3-61, or Code Section 37-3-81. (2) Said title is further amended by striking from subsection (a) of Code Section 37-3-81, relating to detention of a patient in an evaluating facility, the following: Code Section 37-3-20, and inserting in lieu thereof the following: subparagraph (a)(1)(A) of Code Section 37-3-64.

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(3) Said title is further amended by striking paragraph (5) of Code Section 37-7-1, relating to definitions relative to hospitalization and treatment of alcoholics, drug dependent individuals, and drug abusers, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) `Clinical record' means a written record pertaining to an individual patient and shall include all medical records, progress notes, charts, admission and discharge data, and all other information recorded by a facility which pertains to the patient's hospitalization and treatment. Such other information as may be required by rules and regulations of the board shall also be included. (4) Said title is further amended by striking from subsection (a) of Code Section 37-7-22, relating to the right of a voluntary patient to be discharged upon application, the following: Code Section 37-7-41 or Code Section 37-7-61, and inserting in lieu thereof the following: Code Section 37-7-41, Code Section 37-7-61, or Code Section 37-7-81. (5) Said title is further amended by striking from subsection (a) of Code Section 37-7-81, relating to detention of a patient in an evaluating facility, the following: Code Section 37-7-64, and inserting in lieu thereof the following: subparagraph (a)(1)(A) of Code Section 37-7-64. Section 29 . 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 inserting a comma following addresses in subsection (b) of Code Section 40-2-73, relating to special license plates for amateur radio operators, and by deleting the comma following public in subsection (d) of said Code section.

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(2) Said title is further amended by striking Code Section 40-2-75, relating to special license plates for historical vehicles, and inserting in lieu thereof a new Code Section 40-2-75 to read as follows: 40-2-75. (a) (1) As used in this Code section, a `historical vehicle' means any motor vehicle which is over 30 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 which is in no event to be used for general transportation. (2) As used in this Code section, 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 Code 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. (b) Upon application, registration, and payment of a fee of $7.50, the commissioner shall issue a special license plate, as described in this Code section, for every historical vehicle within the state. Upon application, registration, and payment of a fee of $25.00, the commissioner shall issue a special license plate, as described in this Code section, for every street rod within the state. Said special license plates shall be valid, without renewal, as long as the vehicle is in existence. (c) (1) For historical vehicles, said 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 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. (2) 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.

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(d) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger car before issuing these plates in lieu of the regular Georgia license plate. (e) Upon the sale or transfer of any historical vehicle or street rod for which special license plates have been issued, the plates may be transferred to the purchaser or transferee upon paying $1.00 to the commissioner. (3) Said title is further amended by striking from Code Section 40-3-35.1, relating to certificates of title for rebuilt motor vehicles, wherever it appears in that Code section, the following: 'Rebuilt', and inserting in lieu thereof the following: 'rebuilt', by striking from subsection (a) of said Code section the following: of this chapter, by striking from subparagraph (c)(1)(B) of said Code section the following: this subparagraph (B), and inserting in lieu thereof the following: this subparagraph, and by striking from said subparagraph of said Code section the following: conspicious, and inserting in lieu thereof the following: conspicuous.

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(4) Said title is further amended by striking from paragraph (1) of subsection (a) of Code Section 40-5-57, relating to the point system used in suspending or revoking the license of a habitually negligent, incompetent, or dangerous driver, the following: an habitually, and inserting in lieu thereof the following: a habitually, by striking from subsection (b) of said Code section the following: an habitually, and inserting in lieu thereof the following: a habitually, by striking from said subsection the following: an habitual, and inserting in lieu thereof the following: a habitual, and by striking from subparagraph (c)(2)(A) of said Code section the following: Chapter 40-14 of the Official Code of Georgia Annotated, and inserting in lieu thereof the following: Chapter 14 of this title. (5) Said title is further amended by striking the comma following highways in subparagraph (a)(1)(E) of Code Section 40-5-58, relating to the definition and determination of a habitual violator, and by striking from subsections (b) and (c) and paragraph (1) of subsection (e) of said Code section, wherever it appears, the following:

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an habitual violator, and inserting in lieu thereof the following: a habitual violator. (6) Said title is further amended by striking from paragraph (3) of subsection (a) of Code Section 40-5-63, relating to periods of suspension of a driver's license and conditions for return of license, the following: an habitual violator, and inserting in lieu thereof the following: a habitual violator. (7) Said title is further amended by striking from subsections (a) and (c) of Code Section 40-6-181, relating to maximum speed limits, the following: this Code Section, and inserting in lieu thereof the following: this Code section. (8) Said title is further amended by striking from Code Section 40-6-374, relating to the form for an ordinance adopting the uniform rules of the road, the following: Title 40, wherever the same shall appear and inserting in lieu thereof the following: Title 40 of the Official Code of Georgia Annotated. (9) Said title is further amended by striking from subsection (a) of Code Section 40-8-29, relating to types of lights permitted on motor vehicles, the following:

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Chapter 43-38, and inserting in lieu thereof the following: Chapter 38 of Title 43. (10) Said title is further amended by striking from Code Section 40-8-163, relating to the effect of the Federal Clean Air Act on the Georgia Motor Vehicle Emission Inspection and Maintenance Act, the following: This Part 2 (the `Georgia Motor Vehicle Emission Inspection and Maintenance Act'), and inserting in lieu thereof the following: This part, the `Georgia Motor Vehicle Emission Inspection and Maintenance Act' , by striking from said Code section the following: oxidents, and inserting in lieu thereof the following: oxidants, and by striking from said Code section the following: this Part 2, and inserting in lieu thereof the following: this part. (11) Said title is further amended by striking from subparagraph (5)(A) of Code Section 40-9-2, relating to proof of financial responsibility, the following: $5,000.00, and inserting in lieu thereof the following:

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$10,000.00. (12) Said title is further amended by striking from subsection (a) of Code Section 40-9-37, relating to requirements for liability insurance policies, the following: $5,000.00, and inserting in lieu thereof the following: $10,000.00. (13) Said title is further amended by striking from subparagraph (3)(A) of Code Section 40-11-5, relating to foreclosure of a lien on an abandoned motor vehicle, the following: or refused to pay, and inserting in lieu thereof the following: or refuses to pay. Section 30 . Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended as follows: (1) Said title is amended by striking from subsection (a) of Code Section 41-2-7, relating to the police power of municipalities of 400,000 or more to abate building conditions considered nuisances, the following: herein provided, and inserting in lieu thereof the following: provided in Code Sections 41-2-7 through 41-2-17, and by striking from subsection (b) of said Code section the following: prima facie, and inserting in lieu thereof the following:

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prima-facie. (2) Said title is further amended by striking the period at the end of paragraph (3) of Code Section 41-2-9, relating to the authority of a municipality to adopt ordinances relating to abating nuisances, and inserting in lieu thereof a semicolon, by striking from paragraph (4) of said Code section the following: use of occupation, and inserting in lieu thereof the following: use or occupation, by striking from paragraph (5) of said Code section the following: paragraph (4) and this paragraph, and inserting in lieu thereof the following: paragraph (4) of this Code section and this paragraph, and by striking from subparagraph (7)(C) of said Code section the following: subparagraph (B) above, and inserting in lieu thereof the following: subparagraph (B) of this Code section. (3) Said title is further amended by striking subsection (a) of Code Section 41-2-12, relating to service of complaints and orders issued by a public officer regarding abatement of nuisances, and inserting in lieu thereof a new subsection (a) to read as follows: (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 each person in possession of said property, each owner, and each party 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 each person in possession

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of said property, each owner, and each party 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, owner, and party in interest., by striking from subsection (d) of said Code section the following: personal representative of such persons, and inserting in lieu thereof the following: personal representative of such person, by striking from the end of subsection (d) of said Code section the following: such persons, and inserting in lieu thereof the following: such person, and by striking from subsection (e) of said Code section the following: subsection (c) above, and inserting in lieu thereof the following: subsection (c) of this Code section. (4) Said title is further amended by striking from Code Section 41-2-13, relating to a petition for injunction against enforcement of order of public officer to abate nuisance, the following: ; 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., and inserting in lieu thereof the following: ; provided, however, that such person shall present such petition to the court within 15 days of the posting and service of the order of the public officer.,

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and by striking from the end of said Code section the following: under this action, and inserting in lieu thereof the following: under this Code Section. Section 31 . Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) Said title is amended by striking from subsection (f) of Code Section 42-2-11, relating to rules and regulations of the Board of Offender Rehabilitation, the following: 'rule' as defined, and inserting in lieu thereof the following: 'rule' is defined. (2) Said title is further amended by striking twice from Code Section 42-5-2, relating to responsibilities of governmental units assuming custody of inmates, the following: Department of Offender Rehabilitation, and inserting in lieu thereof the following: department. (3) Said title is further amended by inserting after the words subsection (c) in subsection (b) of Code Section 42-5-50, relating to posttrial procedures for assignment and custody of convicted persons, the following: of this Code section, by inserting after the words subsection (b) in subsection (c) of said Code section the following: of this Code section,

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and by inserting after the words subsection (a) in subsections (d) and (e) of said Code section the following: of this Code section. (4) Said title is further amended by striking six times from Code Section 42-8-35.1, relating to procedures concerning special alternative incarceration, as enacted by an Act approved April 13, 1982 (Ga. L. 1982, p. 1097), the following: Department of Offender Rehabilitation, and inserting in lieu thereof the following: department. (5) Said title is further amended by redesignating Code Section 42-8-35.1, relating to special terms of probation, as enacted by an Act approved April 22, 1982 (Ga. L. 1982, p. 2283), as Code Section 44-8-35.2, so that when so amended said Code section shall read as follows: 42-8-35.2. (a) Not withstanding any other provisions of law, the court, when imposing a sentence of imprisonment after a conviction of a violation of subsection (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 in this subsection, 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 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.

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(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. (6) Said title is further amended by inserting after the words subsection (b) in subsection (a) of Code Section 42-8-65, relating to the use of prior findings of guilt in subsequent prosecutions, the following: of this Code section. (7) Said title is further amended by striking from paragraph (1) of Code Section 42-8-70, relating to definitions regarding community service by probationers, the following: tax exempt, and inserting in lieu thereof the following: tax-exempt. (8) Said title is further amended by inserting after the word and figure Article 3 in Code Section 42-8-74, relating to the applicability of certain provisions to offenders sentenced to community service as a condition of probation, the following: of this chapter. (9) Said title is further amended by striking from paragraph (1) of subsection (a) and from subsection (b) of Code Section 42-9-60, relating to emergency procedures for reducing prison system over-crowding, the following: the Department of Offender Rehabilitation, and inserting in lieu thereof the following: offender rehabilitation,

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and by inserting after the phrase as defined by in paragraph (2) of subsection (a) of said Code section the following: Title 16,. Section 32 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) Said title is amended by striking Code Section 43-7-27, relating to termination of the State Board of Barbers, in its entirety and inserting in lieu thereof a new Code Section 43-7-27 to read 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, 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. (2) Said title is further amended by striking Code Section 43-11-23, relating to termination of the Georgia Board of Dentistry, in its entirety and inserting in lieu thereof a new Code Section 43-11-23 to read 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, 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. (3) Said title is further amended by striking Code Section 43-15-31, relating to termination of the State Board of Registration for Professional Engineers and Land Surveyors, in its entirety and inserting in lieu thereof a new Code Section 43-15-31 to read 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, 1988, and this chapter and any other laws relating to such

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board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. (4) Said title is further amended by striking the word and following the semicolon in paragraph (9) of subsection (a) of Code Section 43-26-4, relating to certain powers of the Georgia Board of Nursing, and by deleting the period after the word article in paragraph (10) of said subsection and inserting ; and in lieu thereof. (5) Said title is further amended by striking Code Section 43-26-13, relating to termination of the Georgia Board of Nursing, in its entirety and inserting in lieu thereof a new Code Section 43-26-13 to read 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, 1988, 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. (6) Said title is further amended by striking Code Section 43-26-39, relating to termination of the Georgia Board of Examiners of Licensed Practical Nurses, in its entirety and inserting in lieu thereof a new Code Section 43-26-39 to read 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, 1988, 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. (7) Said title is further amended by striking Code Section 43-28-17, relating to termination of the State Board of Occupational Therapy, in its entirety and inserting in lieu thereof a new Code Section 43-28-17 to read 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, 1988, and this chapter and any

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other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. (8) Said title is further amended by striking from Code Section 43-30-5, relating to adoption of rules by the State Board of Examiners in Optometry, the following: standards. Provided however,, and inserting in lieu thereof the following: standards; provided, however,. (9) Said title is further amended by adding a comma after the words the board shall in the introductory language of Code Section 43-33-10, relating to powers of the State Board of Physical Therapy, and by adding a comma after the word renew in paragraph (6) of said Code section. (10) Said title is further amended by adding a comma after the word services in the introductory language of Code Section 43-33-11, relating to license requirements for physical therapists. (11) Said title is further amended by striking from paragraph (1) of Code Section 43-33-12, relating to license requirements for physical therapists, the following: foreign county, and inserting in lieu thereof the following: foreign country. (12) Said title is further amended by striking from paragraph (3) of Code Section 43-34-20, relating to definitions regarding the board of medical examiners, the following: prescribing of any physical,, and inserting in lieu thereof the following: prescribing of any form of treatment for the intended palliation, relief, or cure of any physical,.

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(12.1) Said title is further amended by adding at the end of Code Section 43-34-21, relating to the function and powers of the Composite State Board of Medical Examiners, a new subsection, to be designated subsection (f), to read as follows: (f) The board shall examine applicants to test their qualifications to practice medicine. (12.2) Said title is further amended by striking Code Section 43-34-31, relating to licensing physicians of other states and countries, in its entirety and inserting in lieu thereof a new Code Section 43-34-31 to read as follows: 43-34-31. Licensed physicians of other states and foreign countries may be permitted to enter this state for consultation with any licensed physician of this state. A physician from another state or from a foreign country shall not be permitted to establish offices in this state for the practice of his profession, either temporary or permanent, or practice under another physician's license, unless he obtains a license from the board. A license may be issued to a physician of another state or a foreign country by comity or reciprocity if the standards for medical licensure of such a state or foreign country equal those of this state, and after such state or foreign country agrees to license physicians of this state on a like basis, provided such agreements are not in conflict with this article. (13) Said title is further amended by striking from paragraph (2) of subsection (a) of Code Section 43-34-37, relating to refusal or suspension of physicians' licenses, the following: annual, and inserting in lieu thereof the following: biennial. (14) Said title is further amended by striking from paragraph (14) of subsection (a) of Code Section 43-42-3, relating to powers of the Georgia Board of Registered Professional Sanitarians, the following: To appoint,

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and inserting in lieu thereof the following: Appoint. Section 33 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) Said title is amended by striking from Article 1 of Chapter 3 of said title, relating to sales of subdivided lands, the word Commissioner and inserting in lieu thereof commissioner and by striking Commissioner of Securities and inserting in lieu thereof commissioner of securities. (2) Said title is further amended by deleting the comma following the word encumbrance in subparagraph (2)(A) of Code Section 44-3-2, relating to definitions regarding the sales of subdivided lands. (3) Said title is further amended by deleting the comma following the words subdivided land in paragraph (1) of Code Section 44-3-3, relating to registration statements for subdivided lands, by adding the word and at the end of subparagraph (2)(I), by striking the semicolon at the end of subparagraph (2)(J) and inserting in lieu thereof a period, by deleting Code Section 44-3-3 of this article and inserting in lieu thereof this Code section in subparagraph (3)(I), by deleting Code Section 44-3-3 of this article and inserting in lieu thereof this Code section in subparagraph (3)(N), by deleting Code Section 44-3-3 of this article and inserting in lieu thereof this Code section in subparagraph (3)(P), by deleting of this article in subparagraph (3)(S), by changing the word above to of this Code section in division (4)(A)(viii), by deleting Code Section 44-3-3 end of this article and inserting in lieu thereof this Code section in subparagraph (4)(B), by changing of Code Section 44-3-3 of this article to of this Code section in subparagraph (4)(D), by changing 5 to (5) and of Code Section 44-3-3 of this article to of this Code section in paragraph (6), and by deleting of this article and changing subsection to paragraph in paragraph (11) of this Code section. (4) Said title is further amended by striking from subparagraph (12)(A) of Code Section 44-3-3, relating to registration statements for subdivided lands, the following:

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downpayment, and inserting in lieu thereof the following: down payment. (5) Said title is further amended by deleting of this article from the introductory language of Code Section 44-3-4, relating to certain exemptions regarding sales of subdivided lands, by deleting of this article in subparagraph (12)(B), by deleting of this article in subparagraph (12)(E), by changing the period to a semicolon at the end of subparagraphs (13)(F) and (14)(E), and by changing the period to ; or at the end of subparagraph (15)(C). (6) Said title is further amended by deleting of this article from subsection (a) of Code Section 44-3-5, relating to stop orders regarding sales of subdivided lands, by changing real estate to real-estate in paragraph (5) of subsection (a), and by deleting of this article in subsection (c) of said Code section. (7) Said title is further amended by striking of this article both times it appears in paragraph (3) of subsection (a) of Code Section 44-3-8, relating to unlawful violations of certain laws regarding sales of subdivided lands. (8) Said title is further amended by striking of this article in paragraph (1) of subsection (a) of Code Section 44-3-9, relating to certain powers of the commissioner of securities. (9) Said title is further amended by adding of this Code section following subsection (b) in subsection (a) of Code Section 44-3-10, relating to penalty provisions regarding sales of subdivided lands, and by changing wilfully to willfully in subsections (a) and (b) of said Code section. (10) Said title is further amended by striking of this article in subsection (a) of Code Section 44-3-11, relating to certain buyer's rights regarding sales of subdivided lands, and by striking the following from subsection (b) of said Code section: of this subsection (b),

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and inserting in lieu thereof the following: of this subsection. (11) Said title is further amended by striking of this article in subsection (a) of Code Section 44-3-13, relating to certain hearings conducted by the commissioner of securities, and by striking the following from subsection (g) of said Code section: Code Section 44-3-13, and inserting in lieu thereof the following: Code section. (12) Said title is further amended by striking of this article in subsection (a) of Code Section 44-3-14, relating to appeals of certain orders issued by the commissioner of securities. (13) Said title is further amended by striking Any action and inserting in lieu thereof In any action in subsection (a) of Code Section 44-3-18, relating to the burden of proof in certain actions regarding sales of subdivided lands. (14) Said title is further amended by striking suits, in subsection (a) of Code Section 44-3-19, relating to certain actions regarding sales of subdivided lands, and by striking of this article in subsection (c) of said Code section. (15) Said title is further amended by striking paragraph (10) of Code Section 44-3-71, relating to definitions regarding condominiums, and inserting in lieu thereof a new paragraph (10) to read as follows: (10) `Conversion condominium' means a condominium all or part of which may be used for residential purposes, which condominium contains any building or portion thereof that at any time before the recording of the declaration was occupied wholly or partially by persons other than persons who, at the time of the recording, had contractual rights to acquire one or more units within the condominium. This paragraph shall not apply to any condominium created prior to July 1, 1980, or to the expansion of any such condominium.

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(16) Said title is further amended by adding a new sentence at the end of subsection (b) of Code Section 44-3-83, relating to the recording of certain condominium plats and plans, to read as follows: This subsection shall apply to any condominium created on or after July 1, 1980, or to the expansion of any such condominium., and by adding a new subsection following subsection (b), to be designated subsection (b.1), to read as follows: (b.1) There shall be recorded prior to the first conveyance of a condominium unit plans of every structure which contains or constitutes all or part of any unit or units located on or within any portion of the submitted property and a certification by a registered architect or registered engineer to the effect that he has visited the site and viewed the property and that, to the best of his knowledge, information, and belief: (1) The foundation, structural members, exterior walls, and roof of each such structure are complete and in place as shown on the plans; (2) The walls, partitions, floors, and ceilings, to the extent shown on the plans, as constituting or coinciding with the vertical and horizontal boundaries of each unit, including convertible space, within each such structure, are sufficiently complete and in place to establish clearly the physical boundaries of such unit and that such physical boundaries are as shown on the plans; and (3) Each such structure, to the extent of its stage of completion at that time, is constructed substantially in accordance with such plans. The plans shall show the location and dimensions of the horizontal boundaries, if any, and the vertical boundaries of each unit to the extent that such boundaries lie within or coincide with the boundaries of such structures, and the units, or portions thereof, thus depicted shall bear their identifying numbers. In addition, each convertible space depicted in the plans shall be labeled as such by use of the phrase `CONVERTIBLE SPACE.' Unless the condominium instruments expressly provide otherwise, it shall be presumed that, in the case of any unit not wholly contained within or constituting one or more of the structures, the horizontal

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boundaries extend, in the case of each unit, at the same elevation with regard to any part of such unit lying outside of such structures, subject to the following exception: in the case of any unit which does not lie over any other unit other than basement units, it shall be presumed that the lower horizontal boundary, if any, of that unit lies at the level of the ground with regard to any part of that unit lying outside of the structures. This subsection shall apply to any condominium created prior to July 1, 1980, or to the expansion of any such condominium. (17) Said title is further amended by adding a new subsection at the end of Code Section 44-3-87, relating to conversion condominiums, to be designated subsection (j), to read as follows: (j) This Code section shall not apply to any condominium created prior to July 1, 1980, or to the expansion of any such condominium. (18) Said title is further amended by striking Code Section 44-3-94, relating to damage or destruction of condominium units, in its entirety and inserting in lieu thereof a new Code Section 44-3-94 to read as follows: 44-3-94. Unless otherwise provided in the condominium instruments, in the event of damage to or destruction of any unit, the association shall cause the unit to be restored and any funds required for such restoration in excess of the insurance proceeds attributable thereto shall be paid by the unit owner of the unit; provided, however, that, in the event that the unit owner of the unit together with the unit owners of other units to which two-thirds of the votes in the association pertain agree not to restore the unit, the unit shall not be restored and the entire undivided interest in the common elements pertaining to that unit shall then pertain to the remaining units, to be allocated to them in proportion to their undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a part of the common elements. Votes in the association and liability for future common expenses shall thereupon pertain to the remaining units, being allocated to them in proportion to their relative voting strength in the association and liability for common expenses, respectively. (19) Said title is further amended by adding a new sentence at the end of paragraph (10) of subsection (b) of Code Section 44-3-111, relating to sales of residential condominium units, to read as follows:

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This paragraph shall not apply to any condominium created prior to July 1, 1980, or to the expansion of any such condominium., by striking subsection (c) of said Code section and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) Any covered contract shall be voidable by the buyer until at least seven days after the seller has furnished to the buyer all of the items required to be furnished under this Code section. This subsection may not be waived. The contract shall contain within the text the following legend in boldface type or capital letters no smaller than the largest type in the text: `THIS CONTRACT IS VOIDABLE BY BUYER UNTIL AT LEAST SEVEN DAYS AFTER ALL OF THE ITEMS REQUIRED UNDER CODE SECTION 44-3-111 OF THE GEORGIA CONDOMINIUM ACT TO BE DELIVERED TO BUYER HAVE BEEN RECEIVED BY BUYER. THE ITEMS SO REQUIRED ARE: (1) A FLOOR PLAN OF THE UNIT, (2) THE DECLARATION AND AMENDMENTS THERETO, (3) THE ASSOCIATION'S ARTICLES OF INCORPORATION AND BYLAWS AND AMENDMENTS THERETO, (4) ANY GROUND LEASE, (5) ANY MANAGEMENT CONTRACT HAVING A TERM IN EXCESS OF ONE YEAR, (6) THE ESTIMATED OR ACTUAL BUDGET FOR THE CONDOMINIUM, (7) ANY LEASE OF RECREATIONAL OR OTHER FACILITIES THAT WILL BE USED ONLY BY THE UNIT OWNERS, (8) ANY LEASE OF RECREATIONAL OR OTHER FACILITIES THAT WILL OR MAY BE USED BY THE UNIT OWNERS WITH OTHERS, (9) A STATEMENT SETTING FORTH THE EXTENT OF THE SELLER'S COMMITMENT TO BUILD OR SUBMIT ADDITIONAL UNITS, ADDITIONAL RECREATIONAL OR OTHER FACILITIES, OR ADDITIONAL PROPERTY, AND (10) IF THIS CONTRACT APPLIES TO A CONDOMINIUM UNIT WHICH IS PART OF A CONVERSION CONDOMINIUM, A STATEMENT DESCRIBING THE CONDITION OF CERTAIN COMPONENTS AND

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SYSTEMS, A STATEMENT REGARDING THE EXPECTED USEFUL LIFE OF CERTAIN COMPONENTS AND SYSTEMS, AND CERTAIN INFORMATION REGARDING ANY NOTICES OF VIOLATIONS OF COUNTY OR MUNICIPAL REGULATIONS. A DATED, WRITTEN ACKNOWLEDGEMENT OF RECEIPT OF ALL SAID ITEMS SIGNED BY THE BUYER SHALL BE PRIMA-FACIE EVIDENCE OF THE DATE OF DELIVERY OF SAID ITEM.' This paragraph shall apply to any condominium created on or after July 1, 1980, or to the expansion of any such condominium. (2) No covered contract executed prior to the expiration of seven days after the actual delivery to the prospective purchaser of the items required to be furnished by subsection (b) of this Code section shall be of any force or effect whatsoever. This subsection may not be waived. The contract shall contain within the text the following legend in boldface type or capital letters no smaller than the largest type in the text: `UNLESS ALL OF THE ITEMS REQUIRED UNDER CODE SECTION 44-3-111 OF THE GEORGIA CONDOMINIUM ACT TO BE DELIVERED TO BUYER HAVE BEEN RECEIVED BY BUYER AT LEAST SEVEN DAYS PRIOR TO BUYER'S EXECUTION OF THIS CONTRACT, THIS CONTRACT IS OF NO FORCE OR EFFECT AND SHALL NOT BE BINDING ON ANY PARTY. THE ITEMS SO REQUIRED ARE: (1) A FLOOR PLAN OF THE UNIT, (2) THE DECLARATION AND AMENDMENTS THERETO, (3) THE ASSOCIATION'S ARTICLES OF INCORPORATION AND BYLAWS AND AMENDMENTS THERETO, (4) ANY GROUND LEASE, (5) ANY MANAGEMENT CONTRACT HAVING A TERM IN EXCESS OF ONE YEAR, (6) THE ESTIMATED OR ACTUAL BUDGET FOR THE CONDOMINIUM, (7) ANY LEASE OF RECREATIONAL OR OTHER FACILITIES THAT WILL BE USED ONLY BY THE UNIT OWNERS,

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(8) ANY LEASE OF RECREATIONAL OR OTHER FACILITIES THAT WILL OR MAY BE USED BY THE UNIT OWNERS WITH OTHERS, AND (9) A STATEMENT SETTING FORTH THE EXTENT OF THE SELLER'S COMMITMENT TO BUILD OR SUBMIT ADDITIONAL UNITS, ADDITIONAL RECREATIONAL OR OTHER FACILITIES, OR ADDITIONAL PROPERTY. A DATED, WRITTEN ACKNOWLEDGEMENT OF RECEIPT OF ALL SAID ITEMS SIGNED BY THE BUYER SHALL BE PRIMA-FACIE EVIDENCE OF THE DATE OF DELIVERY OF SAID ITEMS.' This paragraph shall apply to any condominium created prior to July 1, 1980, or to the expansion of any such condominium., and by adding a new sentence at the end of paragraph (6) of subsection (e) of said Code section to read as follows: This paragraph shall not apply to any condominium created prior to July 1, 1980, or to the expansion of any such condominium. (20) Said title is further amended by striking Code Section 44-3-114, relating to the effect of the Georgia Condominium Act on certain real estate use laws, and inserting in lieu thereof a new Code Section 44-3-114 to read as follows: 44-3-114. (a) No zoning, subdivision, building code, or other real estate use law, ordinance, or regulation shall prohibit the condominium form of ownership or impose any requirement upon a condominium which it does not impose upon a physically identical development under a different form of ownership. No subdivision law, ordinance, or regulation shall apply to any condominium or to any subdivision of any convertible space or unit. Except as stated in this Code section, no provision of this article invalidates or modifies any provision of any zoning, subdivision, building code, or other real estate use law, ordinance, or regulation; and nothing contained in this Code section shall be construed to amend, supersede, or invalidate any provision of Article 1 of this chapter nor shall Code Section 44-3-92 be construed to override any lawful density requirement imposed by any zoning, building, or land use law, ordinance, or regulation.

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This subsection shall apply to any condominium created on or after July 1, 1980, or to the expansion of any such condominium. (b) No subdivision law, ordinance, or regulation shall apply to any subdivision of any convertible space or unit as defined in this article. Notwithstanding the foregoing provisions of this subsection, however, nothing contained in this subsection shall be construed to amend, repeal, supersede, or invalidate any provision of Article 1 of this chapter nor shall Code Section 44-3-92 be construed to override any lawful density requirement imposed by any zoning, building, or land use law, ordinance, or regulation. This subsection shall apply to any condominium created prior to July 1, 1980, or to the expansion of any such condominium. (21) Said title is further amended by striking from Code Section 44-5-35, relating to apportionment of price in certain land sales, the following: any deficiency is apportionable, and inserting in lieu thereof the following: any deficiency is not apportionable. (22) Said title is further amended by striking from the form for the deed of gift contained in paragraph (2) of Code Section 44-5-113, relating to the right of an adult to make gifts of securities and annuity contracts, the following: the Code of Georgia, and inserting in lieu thereof the following: the Official Code of Georgia Annotated. (23) Said title is further amended by striking from subsection (a) of Code Section 44-7-53, relating to writs of possession, the following: Code Section 44-7-51(b), and inserting in lieu thereof the following:

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subsection (b) of Code Section 44-7-51. (24) Said title is further amended by adding a new Code section following Code Section 44-14-35, to be designated Code Section 44-14-35.1, to read as follows: 44-14-35.1. A mortgage or bill of sale to secure debt may embrace all property in possession, or to which the mortgage or grantor has the right of possession at the time. A mortgage or bill of sale to secure debt given by a person or a corporation to a trustee or trustees, to secure an issue of bonds, shall when it is expressly so stipulated therein, embrace, cover, and convey title to after-acquired property of such person or corporation. Provided, however, any public utility company, whether or not incorporated, may by mortgage, bill of sale to secure debt, or deed of trust, embrace, cover, convey, pledge, and encumber after-acquired property of such company, wherever located, when the instrument expressly so stipulates therein. (25) Said title is further amended by adding of this Code section between the words subsection (a) and has in subsection (e) of Code Section 44-14-361, relating to the creation of liens, and by striking from the statement contained in subsection (h) of said Code section the following: 44-14-1361, and inserting in lieu thereof the following: 44-14-361. (26) Said title is further amended by striking Code Section 44-14-516, relating to liens on merchandise paid for by check, in its entirety and inserting in lieu thereof a new Code Section 44-14-516 to read as follows: 44-14-516. The payee of any check written in full or partial payment for merchandise or for services rendered on merchandise, delivered at the time of the acceptance of the check and on which the payer subsequently issues a stop payment order, shall have a lien for the face amount of the check on the merchandise so delivered if the stop payment order was issued within five days after the delivery of the merchandise. Such liens shall occupy the same position as mechanics' liens and shall be perfected in the same manner as mechanics' liens.

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Section 34 . 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 striking Code Section 45-4-3, relating to bonds taken by public officers, in its entirety and inserting in lieu thereof a new Code Section 45-4-3 to read as follows: 45-4-3. All bonds taken by public officers under the laws of this state shall be returned to the offices specified by law; and any person interested therein may bring an action thereon, in his own name, in any court having jurisdiction thereof. (2) Said title is further amended by capitalizing the word speaker twice in the third sentence of paragraph (23) of subsection (a) of Code Section 45-7-4, relating to annual salaries of certain state officials. (3) Said title is further amended by striking from subsection (c) of Code Section 45-17-5, relating to the exercise of powers of a notary public, the following: him or her self, and inserting in lieu thereof the following: himself or herself. (4) Said title is further amended by striking from subparagraph (15)(Y) of Code Section 45-20-2, relating to definitions regarding the state merit system, the following: Georgia State Patrol, and inserting in lieu thereof the following: Department of Public Safety. (5) Said title is further amended by striking from Code Section 45-20-30, relating to a leave of absence for blood donation, the following: pheresis,

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and inserting in lieu thereof the following: plasmapheresis. (6) Said title is further amended by striking from paragraph (3) of Code Section 45-20-51, relating to definitions regarding certain charitable organizations, the following: organizations, and inserting in lieu thereof the following: organization. (7) Said title is further amended by redesignating Code Section 45-20-54, relating to distribution of funds deducted from employees' salaries, as enacted by an Act approved April 22, 1982 (Ga. L. 1982, p. 2274), as Code Section 45-20-54.1, so that when so amended said Code section shall read as follows: 45-20-54.1. 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. Section 35 . 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 striking from subparagraph (8)(G) of Code Section 46-1-1, relating to definitions, the following: occassionally, and inserting in lieu thereof the following: occasionally, and by striking from subparagraph (8)(N) of said Code section the following:

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$100,000 per person and $300,000 per accident and $50,000 property damage, and inserting in lieu thereof the following: $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. (2) Said title is further amended by striking from subparagraph (b)(3)(B) of Code Section 46-2-26.3, relating to recovery of costs of utility converting from an oil-burning to coal-burning generating facility, the following: tax exempt, and inserting in lieu thereof the following: tax-exempt. Section 36 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) Said title is amended by striking the semicolon following the words per annum at the end of subparagraph (28)(P) of Code Section 47-3-1, relating to definitions relative to the Teachers Retirement System of Georgia, and inserting in lieu thereof a period. (2) Said title is further amended by adding at the end of paragraph (4) of Code Section 47-16-102, relating to death benefits under the Sheriffs' Retirement Fund of Georgia, the following: Such benefit shall be in addition to benefits under paragraph (2) of this Code section, but not in lieu of benefits under paragraph (1) of this Code section. (3) Said title is further amended by striking subsection (a) of Code Section 47-19-9, relating to the application of the State Merit System of Personnel Administration to employees of the State Employees' Assurance Department, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The employees of the department shall be governed by such rules of position classification, appointment, promotion, demotion,

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dismissal, transfer, qualification, compensation, seniority, privileges, tenure, and other employment standards as may now or hereafter be established under Chapter 20 of Title 45. Section 37 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: (1) Said title is amended by striking in the last sentence of subsection (e) of Code Section 48-5-24, relating to payment of taxes to counties in which returns are made, the following: in this Code section, and inserting in lieu thereof the following: in this subsection. (2) Said title is further amended by redesignating and amending Code Section 48-5-30, relating to agreements between developers and local governmental units for prepayment of taxes, as enacted by an Act approved April 22, 1982 (Ga. L. 1982, p. 2382), as Code Section 48-5-31, so that when so amended said Code section shall read as follows: 48-5-31. (a) 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

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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. (b) 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. (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, (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

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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. (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 in this Code section 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 Code Sections 36-82-73 through 36-82-83. However, the petition filed in such validation proceeding pursuant to Code Section 36-82-75 shall be amended as appropriate to reflect that no bonds are being issued

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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. (3) Said title is further amended by striking in paragraph (3) of subsection (b) of Code Section 48-5-48.1, relating to exemptions from taxation of tangible personal property inventory, the following: the first day of January, and inserting in lieu thereof the following: January 1. (4) Said title is further amended by striking from subsection (c) of Code Section 48-5-148, relating to rates of interest on unpaid taxes, the following: any such future census, and inserting in lieu thereof the following: any future such census. (5) Said title is further amended by striking from the chart contained in paragraph (1) of subsection (b) of Code Section 48-5-183, relating to minimum salaries for tax collectors and tax commissioners, the following: 300,000-up, and inserting in lieu thereof the following: 300,000 and up, and by striking from the chart contained in paragraph (2) of subsection (b) of said Code section the following: 300,000-and up, and inserting in lieu thereof the following:

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300,000 and up. (6) Said title is further amended by repealing subsection (d) of Code Section 48-5-330, relating to aid by the state revenue commissioner to counties for programs of valuation and equalization of tax assessments, which reads as follows: (d) The limitations on the millage levy prescribed in Article 4 of this chapter, relating to county taxation, shall not apply to any levy which a county governing authority makes for purposes of defraying the cost of a program contemplated pursuant to this Code section or of repaying to the state or any commercial lender amounts advanced for the purposes contained in this Code section. (7) Said title is further amended by striking from subsection (b) of Code Section 48-5-381, relating to reserve funds of counties and municipalities, the following: coverage, and inserting in lieu thereof the following: overage. (8) Said title is further amended by striking from paragraph (2) of Code Section 48-5-440, relating to definitions concerning taxation of motor vehicles and mobile homes, the following: of the Official Code of Georgia Annotated. (9) Said title is further amended by inserting after the phrase in subsection (b) in subsection (c) of Code Section 48-7-29.1, relating to income tax credits for work place modifications, the following: of this Code section. (10) Said title is further amended by striking from Code Section 48-8-6, relating to the prohibiting of political subdivisions from imposing certain taxes, the following: imposed by this article,

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and inserting in lieu thereof the following: included in this article. (11) Said title is further amended by inserting a new paragraph between paragraphs (3) and (5) of Code Section 48-10-2, relating to annual license fees for vehicles, to be designated paragraph (4) to read as follows: (4) Reserved. (12) Said title is further amended by striking from subsection (g) of Code Section 48-10-3.1, relating to temporary vehicle registration permits, the following: shall constitute misdemeanor, and inserting in lieu thereof the following: shall constitute a misdemeanor. Section 38 . Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) Said title is amended by striking paragraph (4) of subsection (b) of Code Section 49-5-12, relating to licensing of private and public child welfare agencies and facilities, and inserting in lieu thereof a new paragraph (4) to read as follows: (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 article, 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. (2) Said title is further amended by striking from Article 5 of Chapter 6 of Title 49, relating to community care and services for the elderly, everywhere that it appears in said article, the following: this chapter,

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and inserting in lieu thereof the following: this article. (3) Said title is further amended by striking paragraph (1) of Code Section 49-6-61, relating to the aging section of the Department of Human Resources, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Aging section' means the single organizational unit within the Department of Human Resources responsible for the planning and administration of services under the Older Americans Act of 1965. (4) Said title is further amended by striking from paragraph (14) of subsection (c) of Code Section 49-6-63, relating to services provided by community care service systems, the following: Medicare, and inserting in lieu thereof the following: medicare, and by striking from subsection (e) of said Code section the following: twelve-month period, and inserting in lieu thereof the following: 12 month period. (5) Said title is further amended by striking from Code Section 49-8-7, relating to economic rehabilitation services by local governments, the following: Omnibus Reconciliation Act of 1981, and inserting in lieu thereof the following: Omnibus Budget Reconciliation Act of 1981.

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Section 39 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) Said title is amended by striking the introductory language 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 the following: (c) In particular, the Department of Community Affairs shall have the power and duty to perform the following:. (2) Said title is further amended by inserting at the end of paragraph (3) of Code Section 50-8-35, relating to general duties of area planning and development commissions, the following: and. (3) Said title is further amended by striking from Code Section 50-8-99, relating to the authorization of certain commissions to accept gifts, loans, and grants, the following: semi-public, and inserting in lieu thereof the following: semipublic. (4) Said title is further amended by substituting a colon in place of the period following the word Laws in the introductory language of paragraph (1) of subsection (a) of Code Section 50-11-10, relating to the distribution and sale of Georgia Session Laws and Journals of the House and Senate, and by striking from said paragraph the following: President Pro Tem of the Senate..... one set, and inserting in lieu thereof the following: President Pro Tempore of the Senate..... one set, by adding a colon following the word Senate in the introductory language of paragraph (2) of subsection (a) of said Code section, and by striking from said paragraph the following:

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Each State participating..... one set, and inserting in lieu thereof the following: Each state participating..... one set, and by striking from said paragraph the following: President Pro Tem of the Senate..... one set, and inserting in lieu thereof the following: President Pro Tempore of the Senate..... one set. (5) Said title is further amended by striking from Code Section 50-12-67, relating to the headquarters and offices of the Georgia Golf Hall of Fame, the following: Hall of Fame, and inserting in lieu thereof the following: hall of fame. (6) Said title is further amended by redesignating Chapter 21 of said title, relating to the Georgia Commission on State Growth Policy, as enacted by an Act approved April 22, 1982 (Ga. L. 1982, p. 2261), as Article 8 of Chapter 12 of said title, so that when so amended said article shall read as follows: ARTICLE 8 50-12-130. This article shall be known and may be cited as the `Georgia Commission on State Growth Policy Act.' 50-12-131. (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;

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(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. (b) It is the purpose of this article 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. 50-12-132. (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

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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. (f) Eight members of the commission shall constitute a quorum. 50-12-133. (a) The commission shall: (1) Serve as a forum for the discussion and study of inter-governmental 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 inter-governmental relations; (3) Encourage the coordination of studies relating to inter-governmental 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

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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. 50-12-134. 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. 50-12-135. (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 article. (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. 50-12-136. 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

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50. The commissioner of community affairs, or his designee, shall serve as staff coordinator of the commission. 50-12-137. The provisions of this article and the Georgia Commission on State Growth Policy shall be continued until December 31, 1984, at which time the commission and this article shall be terminated and stand repealed in their entirety. (7) Said title is further amended by striking from paragraph (4) of Code Section 50-18-31, relating to distribution of state appellate court reports, the following: Crime Commission, State..... one copy, by striking from said paragraph the following: Labor Department of..... one copy, and inserting in lieu thereof the following: Labor, Department of..... one copy, and by striking the period immediately following the words Supreme Court and inserting in lieu thereof ; and at the end of said paragraph. Section 40 . Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended as follows: (1) Said title is amended by redesignating Code Section 51-1-30.1, relating to immunity of teachers and school personnel from liability for communicating information concerning drug abuse, as enacted by an Act approved April 22, 1982 (Ga. L. 1982, p. 2495), as Code Section 51-1-30.2 to read as follows: 51-1-30.2. 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. (2) Said title is further amended by striking tortfeasor and inserting in lieu thereof tort-feasor in the last line of subsection (a) of Code Section 51-11-8, relating to liability of employees of compressed gas dealers.

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Section 41 . 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 striking Code Section 52-7-26, relating to penalties for persons violating the Georgia Boat Safety Act, in its entirety and inserting in lieu thereof a new Code Section 52-7-26 to read as follows: 52-7-26. Any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. Section 42 . 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 striking from subsection (b) of Code Section 53-5-2, relating to provisions for applying for year's support, the following: on notice to the representative of the estate (if there is one, and if none, without notice),. (2) Said title is further amended by striking from subsection (b) of Code Section 53-15-2, relating to the incorporation of fiduciary powers by reference, the following: Code section, and inserting in lieu thereof the following: portion of Code Section 53-15-3, and by adding a new subsection (c) to read as follows: (c) The incorporation of fiduciary powers by reference to versions of Code Section 53-15-3 as it existed prior to November 1, 1982, shall be deemed appropriate for wills or other instruments signed prior to such date. Section 43 . Part 1 and Section 1 of an Act fixing the compensation of the county commissioner of counties having a population of not less than 56,400 and not more than 60,000 according to the United

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States decennial census of 1980 or any future such census, approved April 12, 1982 (Ga. L. 1982, p. 533) are repealed. The repeal of Part 1 and Section 1 of such Act shall not affect the provisions of Part 2 or Section 2 of said Act. Section 44 . Part 1 and Section 1 of an Act fixing the compensation of the county commissioner of counties having a population of not less than 12,300 and not more than 12,400 according to the United States decennial census of 1980 or any future such census, approved April 12, 1982 (Ga. L. 1982, p. 588) are repealed. The repeal of Part 1 and Section 1 of such Act shall not affect the provisions of Part 2 or Section 2 of said Act. Section 45 . Sections 1 through 28 of an Act relating to the Upper Savannah River Development Authority, approved April 21, 1982 (Ga. L. 1982, p. 2076) are repealed in their entirety. The repeal of Sections 1 through 28 shall not affect the provisions of Section 29 of said Act which enacted Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated. Part 2 Section 46 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) Said title is amended by striking from Code Section 2-8-2, relating to the intent and purpose of the Georgia Agricultural Commodities Promotion Act, the following: Article VII, Section II, Paragraph II, and inserting in lieu thereof the following: Article VII, Section III, Paragraph II(b). (2) Said title is further amended by striking from Code Section 2-10-29, relating to remedies of bondholders, receivers, and indenture trustees of the Georgia Building Authority (Markets), the following: Article IX, Section VI, Paragraph I(a), and inserting in lieu thereof the following:

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Article VII, Section IV. Section 47 . Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended as follows: (1) Said title is amended by striking from Code Section 5-6-15, relating to certiorari from the Supreme Court to the Court of Appeals, the following: Article VI, Section II, Paragraph IV, and inserting in lieu thereof the following: Article VI, Section VI, Paragraph V. (2) Said title is further amended by striking from Code Section 5-6-30, relating to the purpose and construction of Article 2 of Chapter 6 of Title 5 relative to appellate practices, the following: Article VI, Section II, Paragraphs IV and VIII, and inserting in lieu thereof the following: Article VI, Sections V and VI. Section 48 . Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows: (1) Said title is amended by striking from Code Section 9-10-30, relating to proceedings in equity generally, the following: Article VI, Section XIV, Paragraph I, and inserting in lieu thereof the following: Article VI, Section II, Paragraph I. (2) Said title is further amended by striking from Code Section 9-10-32, relating to actions against makers and endorsers residing in different counties, the following: Article VI, Section XIV, Paragraph V,

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and inserting in lieu thereof the following: Article VI, Section II, Paragraph V. Section 49 . Title 12 of the Official Code of Georgia Annotated, relating to contracts, is amended as follows: (1) Said title is amended by striking from Code Section 12-3-214, relating to remedies of bondholders, coupon holders, and trustees of the Stone Mountain Memorial Association, the following: Article IX, Section VI, Paragraph I(a), and inserting in lieu thereof the following: Article VII, Section IV. (2) Said title is further amended by striking from subsection (d) of Code Section 12-3-265, relating to remedies of bondholders, coupon holders, and trustees of the Jekyll IslandState Park Authority, the following: Article IX, Section VI, Paragraph I(a), and inserting in lieu thereof the following: Article VII, Section IV. Section 50 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) Said title is amended by striking from Code Section 15-2-6, relating to duties of Justices of the Supreme Court to attend each term thereof, the following: Article VI, Section II, Paragraph I, and inserting in lieu thereof the following: Article VI, Section VI, Paragraph I. (2) Said title is further amended by striking from subsection (c) of Code Section 15-2-12, relating to separation of the Supreme Court

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into two divisions and the duties of the Chief Justice and Presiding Justice, the following: Article VI, Section II, Paragraph I, and inserting in lieu thereof the following: Article VI, Section VI, Paragraph I. (3) Said title is further amended by striking from Code Section 15-3-3, relating to jurisdiction of the Court of Appeals over certain crimes, the following: Article VI, Section II, Paragraph IV, and inserting in lieu thereof the following: Article VI, Section V, Paragraph III. (4) Said title is further amended by striking from Code Section 15-7-1, relating to the purpose of Chapter 7 of Title 15 relative to state courts, the following: Article VI, Section II, Paragraphs IV and VIII, and inserting in lieu thereof the following: Article VI, Section III, Paragraph I. (5) Said title is further amended by striking from subsection (b) of Code Section 15-9-13, relating to who is to serve where a judge of the probate court is disqualified or unable to act, the following: as provided in Article VI, Section VI, Paragraph II(a) of the Constitution of this state, and inserting in lieu thereof the following: . (6) Said title is further amended by striking from Code Section 15-10-1, relating to justices of the peace in each militia district, the following:

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Unless otherwise provided by the General Assembly pursuant to Article VI, Section VII, Paragraph I, and inserting in lieu thereof the following: Until otherwise provided by the General Assembly pursuant to Article VI, Section I, Paragraph VI and Article VI, Section X. Section 51 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) Said title is amended by striking from Code Section 17-7-95, relating to authorization for the entry of a plea of nolo contendere by the accused in noncapital felony cases, sentences, and use of pleas, the following: Article I, Section I, Paragraph XV, and inserting in lieu thereof the following: Article I, Section I, Paragraph XVIII. Section 52 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) Said title is amended by striking from subsection (b) of Code Section 19-9-23, relating to actions to obtain a change of legal custody, the following: Article VI, Section XIV, Paragraph VI, and inserting in lieu thereof the following: Article VI, Section II, Paragraph VI. Section 53 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) Said title is amended by striking Code Section 20-2-50, relating to county school districts, in its entirety and inserting in lieu thereof a new Code Section 20-2-50 to read as follows:

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20-2-50. Each county of this state, exclusive of any independent school system in existence in a county, shall compose one school district and shall be confined to the control and management of a county board of education, except to the extent that area school systems are created pursuant to Article VIII, Section V, Paragraph I of the Constitution of Georgia. (2) Said title is further amended by striking the words pursuant to Article VIII, Section V, Paragraph II of the Constitution of Georgia from subsection (b) of Code Section 20-2-51, relating to selection of members of county boards of education. (3) Said title is further amended by striking from subsection (a) of Code Section 20-2-55, relating to per diem and expenses of members of county boards, the following: ; provided, however, that nothing contained in this Code section shall affect a county board or school system created prior to the Constitution of 1877. (4) Said title is further amended by striking , exclusive of those counties having local school systems created prior to the adoption of the Constitution of 1877, from Code Section 20-2-80, relating to appointment of local school trustees. (5) Said title is further amended by striking from subsection (c) of Code Section 20-2-102, relating to qualifications of county school superintendents, the following: This Code section shall not affect any school system in existence prior to the adoption of the Constitution of 1877, nor any school superintendent of any such school system. (6) Said title is further amended by striking subsection (c) of Code Section 20-2-105, relating to suspension of county school superintendents, which reads as follows: (c) This Code section shall not apply to school systems created prior to the adoption of the Constitution of 1877., in its entirety.

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(7) Said title is further amended by striking subsection (c) of Code Section 20-2-106, relating to removal of county school superintendents, which reads as follows: (c) This Code section shall not apply to any public school system established prior to the adoption of the Constitution of 1877., in its entirety. (8) Said title is further amended by striking Code Section 20-2-113, relating to the exemption of certain school systems from certain laws regarding local school superintendents, which reads as follows: 20-2-113. None of this article shall apply to local county school systems which were in existence at the time of the adoption of the Constitution of 1877., in its entirety. (9) Said title is further amended by striking from Code Section 20-2-430, relating to issuance and retirement of county schoolhouse bonds, the following: Article IX, Section VII, Paragraphs I and II of the Constitution of Georgia, and inserting in lieu thereof the following: Article IX, Section V, Paragraphs I and IV of the Constitution of Georgia. (10) Said title is further amended by striking from subsection (a) of Code Section 20-2-431, relating to the division of a county into schoolhouse districts, the following: systems established prior to the adoption of the Constitution of 1945, and inserting in lieu thereof the following: districts,

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by striking from said subsection the following: ; provided, however, that local school districts which were set up, defined, and established within a county prior to the adoption of the Constitution of 1945 may be reestablished and redefined without change, alteration, or enlargement, and by striking from said subsection the following: Article IX, Section VII, Paragraphs I and II of the Constitution of 1976, and inserting in lieu thereof the following: Article IX, Section V, Paragraphs I and IV of the Constitution of Georgia. (11) Said title is further amended by striking Code Section 20-2-521, relating to the exercise of condemnation powers, in its entirety and inserting in lieu thereof a new Code Section 20-2-521 to read as follows: 20-2-521. County boards of education and independent school systems are authorized to take and damage, by condemnation, private property for public school purposes, either for public school building sites, playgrounds, athletic fields, or other purposes in connection with the public elementary or high schools or any public educational program which is now or may be hereafter authorized by law. (12) Said title is further amended by striking in its entirety subsection (b) of Code Section 20-2-553, relating to powers of the Georgia Education Authority (Schools), which reads as follows: (b) Until the first general obligation debt under Article VII, Section III, Paragraph I of the Constitution of Georgia has been incurred by the delivery of such debt to the purchaser or purchasers of the debt, the authority may issue bonds for projects to serve planned communities which have been certified as eligible for state development assistance under Code Section 45-12-170., and inserting in lieu thereof the following:

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(b) The validity of any bonds issued by the authority for projects certified as eligible for state development assistance under Code Section 45-12-170, which bonds were issued prior to the time the first general obligation debt was incurred under Article VII, Section III, Paragraph I of the Constitution of 1945, shall not be impaired; but no future such bonds shall be issued. (13) Said title is further amended by striking from Code Section 20-2-568, relating to remedies of bondholders, the following: Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia, and inserting in lieu thereof the following: Article VII, Section IV, Paragraph III of the Constitution of Georgia. (14) Said title is further amended by striking from Code Section 20-2-601, relating to the application of certain laws regarding the leasing of public school property to certain public school systems, the following: , whether created before or after the Constitution of 1877. (15) Said title is further amended by striking Code Section 20-2-620, relating to the definition of local school systems, in its entirety and inserting in lieu thereof a new Code Section 20-2-620 to read as follows: 20-2-620. As used in this article, the term `local school system' means all county, city, independent, and other public school systems in this state. (16) Said title is further amended by striking from Code Section 20-2-640, relating to legislative intent regarding education grants, both times it appears the following: Article X, Section II, Paragraph II of the Constitution of Georgia, and inserting in lieu thereof the following:

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Article VIII, Section VII of the Constitution of Georgia. (17) Said title is further amended by striking from paragraph (1) of Code Section 20-2-641, relating to the definition of a local school system, the following: , whether created before or after adoption of the Constitution of 1877. (18) Said title is further amended by striking from subsection (b) of Code Section 20-2-649, relating to the power to use local education and tax funds for grants, the following: , whether or not such independent school system was created before adoption of the Constitution of 1877,, and by striking from said subsection the following: Article X, Section II, Paragraph II of the Constitution of Georgia, and inserting in lieu thereof the following: Article VIII, Section VII of the Constitution of Georgia. (19) Said title is further amended by striking from subsection (a) of Code Section 20-2-703, relating to the application of certain laws regarding records where operation of public schools is discontinued, the following: , including independent local systems and those maintained and operated by counties, cities, towns, and municipalities, whether created before or after the Constitution of 1877. (20) Said title is further amended by striking Code Section 20-2-810, relating to school systems exempt from certain laws regarding teachers' local licenses, which reads as follows: 20-2-810. None of this part shall apply to local school systems which were in existence at the time of the adoption of the Constitution of 1877.,

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in its entirety and inserting in lieu thereof a new Code Section 20-2-810 to read as follows: 20-2-810. Reserved. (21) Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 20-2-942, relating to procedure for nonrenewal of contract or demotion of teachers, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Local board of education' or `local board' means a county or independent board of education, a board of education of an area school system, or any agent with the authority to act on behalf of any such board. (22) Said title is further amended by striking Code Section 20-2-946, relating to application of certain laws regarding termination and suspension to boards of education, in its entirety and inserting in lieu thereof a new Code Section 20-2-946 to read as follows: 20-2-946. This part shall apply to boards of education of all public school systems in this state. (23) Said title is further amended by striking Code Section 20-2-963, relating to application of certain laws regarding bonds and accounts to public school systems, which reads as follows: 20-2-963. This part shall not apply to public school systems established prior to the adoption of the Constitution of 1877., in its entirety. (24) Said title is further amended by striking from paragraph (2) of Code Section 20-3-131, relating to definitions regarding junior colleges, the following: school system established prior to the adoption of the Constitution of 1877,. (25) Said title is further amended by striking from Code Section 20-3-132, relating to authority to establish and maintain junior colleges, both times it appears the following:

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school system established prior to the adoption of the Constitution of 1877,. (26) Said title is further amended by striking from Code Section 20-3-167, relating to remedies of bondholders and receivers, the following: Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia, and inserting in lieu thereof the following: Article VII, Section IV, Paragraph III of the Constitution of Georgia. (27) Said title is further amended by striking from Code Section 20-3-202, relating to the creation of the Private Colleges and Universities Facilities Authority, the following: Article VII, Section III of the Constitution of Georgia, and inserting in lieu thereof the following: Article VII, Section IV of the Constitution of Georgia. (28) Said title is further amended by striking Code Section 20-3-500, relating to continuation of board of regents scholarships, in its entirety and inserting in lieu thereof a new Code Section 20-3-500 to read as follows: 20-3-500. The board of regents scholarships are continued and shall continue to be administered by the board. (29) Said title is further amended by striking Code Section 20-3-510, relating to continuation of the State Medical Education Board, in its entirety and inserting in lieu thereof a new Code Section 20-3-510 to read as follows: 20-3-510. The State Medical Education Board and its functions are continued. The State Medical Education Board is assigned to the board of regents for administrative purposes only as prescribed in Code Section 50-4-3.

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Section 54 . Title 28 of the Official Code of Georgia Annotated, relating to General Assembly, is amended as follows: (1) Said title is amended by striking from Code Section 28-1-2, relating to time and place of meetings of the General Assembly, the following: Article III, Section V, Paragraph III, and inserting in lieu thereof the following: Article III, Section IV, Paragraph I. (2) Said title is further amended by striking from Code Section 28-1-7, relating to the failure of an officer to organize an emergency session of the General Assembly, the following: Article V, Section II, Paragraph III, and inserting in lieu thereof the following: Article V, Section II, Paragraph VII(b). (3) Said title is further amended by striking from subsection (a) of Code Section 28-5-42, relating to the time for introduction of retirement bills and bills having an impact upon revenues or expenditures of state departments, the following: Article III, Section VII, Paragraph IX, and inserting in lieu thereof the following: Article III, Section V, Paragraph IX. Section 55 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) Said title is amended by striking from subsection (d) of Code Section 31-7-30, relating to remedies of bondholders, receivers, and indenture trustees of the Georgia Building Authority (Hospital), the following:

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Article IX, Section VI, Paragraph I(a), and inserting in lieu thereof the following: Article VII, Section IV. Section 56 . 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 striking from paragraph (2) of subsection (a) of Code Section 32-2-2, relating to powers and duties of the Department of Transportation, the following: Article III, Section X, Paragraph VII, and inserting in lieu thereof the following: Article III, Section IX, Paragraph VI(b). (2) Said title is further amended by striking from subsection (a) of Code Section 32-2-61, relating to limitations on the power of the Department of Transportation to contract, the following: Article IX, Section VI, Paragraph I(a), and inserting in lieu thereof the following: Article IX, Section III, Paragraph I, and by striking from said subsection the following: Article III, Section X, Paragraph V(e), and inserting in lieu thereof the following: Article VII, Section IV, Paragraph IV. (3) Said title is further amended by striking paragraph (1) of Code Section 32-5-21, relating to priority of expenditures from the State Public Transportation Fund, in its entirety and inserting in lieu thereof the following:

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(1) To pay the rentals on lease contracts entered into pursuant to the authority of the Constitution of Georgia;. (4) Said title is further amended by striking from subsection (f) of Code Section 32-9-1, relating to departmental aid for mass transportation facilities, the following: Article III, Section X, Paragraph VII(b), and inserting in lieu thereof the following: Article III, Section IX, Paragraph VI(b). (5) Said title is further amended by striking from subsection (e) of Code Section 32-9-2, relating to departmental aid for mass transit programs, the following: Article III, Section X, Paragraph VII(b), and inserting in lieu thereof the following: Article III, Section IX, Paragraph VI(b). (6) Said title is further amended by striking from subsection (d) of Code Section 32-9-3, relating to departmental aid for transportation services for elderly and handicapped persons, the following: Article III, Section X, Paragraph VII(b), and inserting in lieu thereof the following: Article III, Section IX, Paragraph VI(b). (7) Said title is further amended by striking from subsection (g) of Code Section 32-9-6, relating to departmental aid for rail service, the following: Article III, Section X, Paragraph VII(b), and inserting in lieu thereof the following: Article III, Section IX, Paragraph VI(b).

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(8) Said title is further amended by striking from subsection (d) of Code Section 32-9-7, relating to departmental aid for airport development, the following: Article III, Section X, Paragraph VII(b), and inserting in lieu thereof the following: Article III, Section IX, Paragraph VI(b). (9) Said title is further amended by striking from Code Section 32-10-43, relating to rights and remedies of holders of bonds or interest coupons of the Georgia Highway Authority, the following: Article IX, Section VI, Paragraph I(a), and inserting in lieu thereof the following: Article VII, Section IV, and by striking from said Code section the following: Article III, Section X, Paragraph VII(b), and inserting in lieu thereof the following: Article III, Section IX, Paragraph VI(b). Section 57 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) Said title is amended by striking from subsection (a) of Code Section 36-1-8, relating to investment of certain tax proceeds by counties in authorized bonds, the following: Article IX, Section VII, Paragraph II, and inserting in lieu thereof the following: Article IX, Section V, Paragraph VI. (2) Said title is further amended by striking from Code Section 36-17-20, relating to authorization of grants of state funds to counties, the following:

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Article III, Section X, Paragraph III(c), and inserting in lieu thereof the following: Article III, Section IX, Paragraph III(c), and by striking from said Code section the following: Article III, Section X, Paragraph VII(b), and inserting in lieu thereof the following: Article III, Section IX, Paragraph VI(b). (3) Said title is further amended by striking from Code Section 36-34-8, relating to the provisions of Chapter 34 of Title 36 relative to general powers of municipal corporations being general laws and the enactment of local or special laws, the following: Article I, Section II, Paragraph VII, and inserting in lieu thereof the following: Article III, Section VI, Paragraph IV(a). (4) Said title is further amended by striking from Code Section 36-35-7, relating to declaring the provisions of Chapter 35 of Title 36 relative to home rule powers of municipalities being declared to be general laws and enactment of local or special laws, the following: Article I, Section II, Paragraph VII, and inserting in lieu thereof the following: Article III, Section VI, Paragraph IV(a). (5) Said title is further amended by striking from Code Section 36-38-1, relating to investment of funds of a municipal corporation acquired by tax levied to pay bonded indebtedness, the following: Article IX, Section VII, Paragraph II,

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and inserting in lieu thereof the following: Article IX, Section V, Paragraph VI. (6) Said title is further amended by striking from Code Section 36-40-41, relating to grants of state funds for capital outlay items, the following: Article VII, Section II, Paragraph IV, and inserting in lieu thereof the following: Article VII, Section III, Paragraph III. (7) Said title is further amended by striking from Code Section 36-62-3, relating to constitutional authority for Chapter 62 of Title 36, relating to development authorities, the following: Article IX, Section VIII, Paragraph II, and inserting in lieu thereof the following: Article IX, Section VI, Paragraph III. (8) Said title is further amended by striking from Code Section 36-80-2, relating to power of counties, municipalities, county boards of education, and other political subdivisions to issue notes in anticipation of taxes, the following: Article IX, Section VII, Paragraph IV, and inserting in lieu thereof the following: Article IX, Section V, Paragraph V. (9) Said title is further amended by striking from Code Section 36-80-10, relating to procedure for authorization of unbonded debt, the following: Article IX, Section VII, Paragraph I, and inserting in lieu thereof the following:

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Article IX, Section V, Paragraph I or II. (10) Said title is further amended by striking from Code Section 36-80-13, relating to authorization of incurring unbonded debt, the following: Article IX, Section VII, Paragraph I, and inserting in lieu thereof the following: Article IX, Section V, Paragraph I or II. (11) Said title is further amended by striking from Code Section 36-82-3, relating to authorization of issuance of bonds, the following: Article IX, Section VII, Paragraphs I and II, and inserting in lieu thereof the following: Article IX, Section V, Paragraph I or II. (12) Said title is further amended by striking from Code Section 36-82-5, relating to authorization for the destruction of unsold bonds, the following: Article IX, Section VII, Paragraphs I and II, and inserting in lieu thereof the following: Article IX, Section V, Paragraph I or II. (13) Said title is further amended by striking from Code Section 36-82-8, relating to deduction of the sinking fund in computing bonded indebtedness, the following: Article IX, Section VIII, Paragraph V, and inserting in lieu thereof the following: Article IX, Section V, Paragraph VI. (14) Said title is further amended by striking from Code Section 36-82-20, relating to proceedings for validation of bonds of counties, municipalities, or political subdivisions, the following:

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Article IX, Section VII, Paragraphs I through III, and inserting in lieu thereof the following: Article IX, Section V. Section 58 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended as follows: (1) Said title is amended by striking subsection (b) of Code Section 37-9-8, relating to use of assets other than income for determination of assessments for payment of patient expenses, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The following assets of a person liable for cost of care shall be exempt from subsection (a) of this Code section: (1) Real property which qualifies for a homestead exemption from ad valorem taxation; (2) Any other real property which constitutes the principal residence of the person liable for cost of care but which does not qualify for a homestead exemption under paragraph (1) of this subsection; and (3) Any other assets up to a total value of $10,000.00. Section 59 . 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 striking from subsection (b) of Code Section 38-2-172, relating to transfer of funds in an emergency and the use of funds in the event of an invasion, the following: Article III, Section X, Paragraph VII(b), and inserting in lieu thereof the following: Article III, Section IX, Paragraph VI(b).

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(2) Said title is further amended by striking from Code Section 38-2-173, relating to authorization of the Governor to borrow money for the purpose of repelling an invasion, suppressing an insurrection, or defending the state, the following: Article VII, Section III, Paragraphs I and II, and inserting in lieu thereof the following: Article VII, Section IV, Paragraphs I and VI. (3) Said title is further amended by striking from subsection (f) of Code Section 38-3-51, relating to emergency powers of the Governor, the following: Article III, Section X, Paragraph VII(b), and inserting in lieu thereof the following: Article III, Section IX, Paragraph VI(b). Section 60 . Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) Said title is amended by striking subsection (a) of Code Section 42-2-11, relating to rules and regulations governing the penal system, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board shall establish the general policy to be followed by the department. (2) Said title is further amended by striking from Code Section 42-3-19, relating to remedies of bondholders of the Georgia Building Authority (Penal), the following: Article IX, Section VI, Paragraph I(a), and inserting in lieu thereof the following: Article VII, Section IV.

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Section 61 . 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 striking from Code Section 45-2-21, relating to veteran's additional points on civil service examination scores, the following: Article IV, Section VI, Paragraph II, and inserting in lieu thereof the following: Article IV, Section III, Paragraph II. (2) Said title is further amended by striking from Code Section 45-12-76, relating to limitations on appropriations by the General Assembly and supplementary appropriations, the following: Article III, Section X, Paragraph VI, and inserting in lieu thereof the following: Article III, Section IX, Paragraph V. (3) Said title is further amended by striking from Code Section 45-12-81, relating to the procedure and restrictions for expenditures by the state and budget units thereof, the following: Article III, Section X, Paragraph I, and inserting in lieu thereof the following: Article III, Section IX, Paragraph I. (4) Said title is further amended by striking from paragraph (13) of Code Section 45-20-2, relating to definitions relative to the State Merit System of Personnel Administration, the following: Article IV, Section VI, Paragraph I, and inserting in lieu thereof the following: Article IV, Section III, Paragraph I.

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Section 62 . 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 striking from subsection (d) of Code Section 46-1-2, relating to measure of damages for wrongs and injuries by railroad companies and venue for actions, the following: Article III, Section VIII, Paragraph VIII of the Constitution of the State of Georgia, and inserting in lieu thereof the following: Article III, Section VI, Paragraph V(c) of the Constitution of the State of Georgia, and by striking from said subsection the following: Article III, Section VIII, Paragraph VIII, of the Constitution of the State of Georgia, and inserting in lieu thereof the following: Article III, Section VI, Paragraph V(c) of the Constitution of the State of Georgia. (2) Said title is further amended by striking from Code Section 46-3-15, relating to application of the Georgia Territorial Electrical Service Act on charges of public utilities owned or operated by counties or municipalities, the following: Article III, Section VIII, Paragraph IX, and inserting in lieu thereof the following: Article III, Section VI, Paragraph V(d). (3) Said title is further amended by striking from Code Section 46-8-24, relating to inspection by the Public Service Commission of contracts and agreements between railroad companies, the following: Article III, Section VIII, Paragraph VIII,

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and inserting in lieu thereof the following: Article III, Section VI, Paragraph V(c). Section 63 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) Said title is amended by striking subsection (a) of Code Section 47-2-71, relating to membership in the Employees' Social Security Coverage Group, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any other provisions of law to the contrary notwithstanding, and pursuant to Article VII, Section III, Paragraph I and Article III, Section X of the Constitution of Georgia and Chapter 18 of this title, there is established as of July 1, 1956, Division A of the Employees' Retirement System of Georgia as a separate coverage group to be specifically known as the `Employees' Social Security Coverage Group.' (2) Said title is further amended by striking subsection (a) of Code Section 47-18-70, relating to establishment of the Employees' Social Security Coverage Group, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Pursuant to Article III, Section X of the Constitution of Georgia and Article VII, Section III, Paragraph I of the Constitution of Georgia, with due consideration to the limitations embodied therein, there is established a separate coverage group to be known as the Employees' Social Security Coverage Group, membership of which shall consist of all state employees who are in the group to be covered for social security, the conditions of membership to be as established in Chapter 2 of this title governing the Employees' Retirement System of Georgia. Section 64 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: (1) Said title is amended by striking from subsection (a) of Code Section 48-5-48, relating to application for constitutional homestead exemptions by qualified disabled veterans, the following:

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Constitution of this state, and inserting in lieu thereof the following: Constitution of Georgia of 1976, and by striking from subsection (b) of said Code section the following: Constitution of Georgia, and inserting in lieu thereof the following: Constitution of Georgia of 1976. (2) Said title is further amended by striking from subsection (a) of Code Section 48-5-404, relating to collection of county school taxes by tax commissioners or tax collectors, the following: Article VII, Section VII, Paragraph I, and inserting in lieu thereof the following: Article VIII, Section VI, Paragraph I. (3) Said title is further amended by striking from Code Section 48-8-81, relating to creation of special districts, the following: Article IX, Section IV, Paragraph II, and inserting in lieu thereof the following: Article IX, Section II, Paragraph VI. (4) Said title is further amended by striking from paragraph (2) of subsection (a) of Code Section 48-8-89, relating to distribution of proceeds of the local option sales and use tax, the following: Article IX, Section IV, Paragraph II, and inserting in lieu thereof the following: Article IX, Section II, Paragraph III.

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Section 65 . Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) Said title is amended by striking Code Section 49-2-5, relating to declaring the Department of Human Resources to be an institution of the state, in its entirety and inserting in lieu thereof a new Code Section 49-2-5 to read as follows: 49-2-5. The department is declared to be an institution of the state for which the powers of taxation over the whole state may be exercised and the department is empowered and authorized to administer, expend, and disburse funds appropriated to it and allocated to it by the General Assembly, the respective counties of the state, and the United States, through its appropriate agencies and instrumentalities for the purpose of distributing old-age benefits and all other benefits as provided in this title. (2) Said title is further amended by striking from paragraph (8) of subsection (a) of Code Section 49-5-8, relating to powers and duties of the Department of Human Resources, the following: Article X, Section II, Paragraph X, of the state Constitution, and inserting in lieu thereof the following: Article VIII, Section VII, Paragraph I of the Constitution of Georgia. Section 66 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) Said title is amended by striking from paragraph (3) of Code Section 50-4-1, relating to definitions regarding the executive branch of state government, the following: of 1976. (2) Said title is further amended by striking from Code Section 50-9-43, relating to rights and limitations of bondholders of the Georgia Building Authority, the following: Article IX, Section VI, Paragraph I,

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and inserting in lieu thereof the following: Article VII, Section IV. (3) Said title is further amended by striking from Code Section 50-12-100, relating to creation and composition of the Constitutional Amendments Publication Board, the following: Article XII, Section I, Paragraph I, and inserting in lieu thereof the following: Article X, Section I, Paragraph II. (4) Said title is further amended by striking from paragraph (1) of Code Section 50-17-21, relating to definitions relative to the Georgia State Financing and Investment Commission Act, the following: Article VII, Section III, Paragraph III, and inserting in lieu thereof the following: Article VII, Section IV, Paragraph VII, by striking paragraph (2) of said Code section in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Constitution' means the Constitution of the State of Georgia ratified at the 1982 general election., and by striking from paragraph (7) of said Code section the following: Article VII, Section III, Paragraph I, and inserting in lieu thereof the following: Article VII, Section IV. (5) Said title is further amended by striking from paragraph (2) of subsection (a) of Code Section 50-17-23, relating to general obligation and guaranteed revenue debts of the state, the following:

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Paragraph I (a) of Section VI of Article IX of the Constitution, and inserting in lieu thereof the following: Article IX, Section VII, Paragraph I(a) of the Constitution of Georgia of 1976, by striking from paragraph (4) of said subsection the following: Article III, Section X, Paragraph VII, and inserting in lieu thereof the following: Article III, Section IX, Paragraph VI(b), by striking from paragraph (2) of subsection (b) of said Code section the following: Paragraph I(a) of Section VI, Article IX of the Constitution, and inserting in lieu thereof the following: Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976, and by striking from subsection (c) of said Code section the following: Paragraph I(a) of Section VI, Article IX of the Constitution, and inserting in lieu thereof the following: Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976. (6) Said title is further amended by striking from the last sentence of paragraph (3) of subsection (b) of Code Section 50-17-24, relating to administration of public debt, the following: of the Constitution, and inserting in lieu thereof the following:

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of the Constitution of Georgia of 1976, and by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) No debt may be incurred under paragraph (3) of subsection (b) of this Code section at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of 1976 are applicable exceed 10 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred. Within such limitation, the following limitations shall also be applicable: (1) No guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the state for outstanding or proposed guaranteed revenue debt for water or sewage treatment facilities or systems exceed 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; (2) The aggregate principal amount of guaranteed revenue debt incurred to make loans to citizens of the state for educational purposes that may be outstanding at any time shall not exceed $18 million and the aggregate principal amount of guaranteed revenue debt incurred to make or purchase, or to lend or deposit against the security of, loans to citizens of the state for educational purposes that may be outstanding at any time shall not exceed $72 million; and (3) The issuance of any funding or refunding debt pursuant to this Code section shall be subject to the 10 percent limitation provided for herein to the same extent as debt incurred under this article; provided, however, that in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account.

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(7) Said title is further amended by striking from subparagraph (b)(1)(B) of Code Section 50-17-25, relating to issuance of debt by the state, the following: of the Constitution are applicable, and inserting in lieu thereof the following: of the Constitution of Georgia of 1976 are applicable. (8) Said title is further amended by striking from subsection (b) of Code Section 50-17-27, relating to public department proceeds and holding such proceeds in trust, the following: Paragraph I(a) of Section VI, Article IX of the Constitution, and inserting in lieu thereof the following: Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976. (9) Said title is further amended by striking from Code Section 50-17-28, relating to the prohibition of bond security contracts, the following: Paragraph I(a) of Section VI, Article IX of the Constitution, and inserting in lieu thereof the following: Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976. (10) Said title is further amended by striking from subsection (b) of Code Section 50-17-63, relating to deposit of demand funds by the state, investment of funds, and motor fuel tax revenues, the following: Article III, Section X, Paragraph VII, subsection (b), and inserting in lieu thereof the following: Article III, Section IX, Paragraph VI(b).

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Section 67 . 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 striking from Code Section 52-2-26, relating to remedies of bondholders and the trustees of bonds of the Georgia Ports Authority, the following: Article IX, Section VI, Paragraph I(a), and inserting in lieu thereof the following: Article VII, Section IV. (2) Said title is further amended by striking from Code Section 52-5-3, relating to issuance of a certificate of incorporation to navigation companies, the following: Article III, Section VIII of. Part 3 Section 68 . This Act shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval, except the provisions of Part 2 of this Act which shall become effective on July 1, 1983. Section 69 . All laws and parts of laws in conflict with this Act are repealed. Approved January 25, 1983.

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ELECTIONS CODE AMENDED. Code Title 21 Amended. No. 2 (House Bill No. 4). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to revise and correct certain references to the Constitution of the State of Georgia in Title 21 of the Official Code of Georgia Annotated; to provide for effective dates; 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 as follows: (1) By striking from paragraph (20) of Code Section 21-2-2, relating to definitions regarding elections and primaries, the following: Chapter 11 of Title 16, and inserting in lieu thereof the following: Part 2 of Article 1 of Chapter 11 of Title 16. (2) By striking from subsections (a) and (b) of Code Section 21-2-40, relating to the creation of boards of elections, the following: act, and inserting in lieu thereof the following:

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Act. (3) By striking from paragraph (5) of Code Section 21-2-50, relating to powers and duties of the Secretary of State, the following: district, and inserting in lieu thereof the following: precinct. (4) By striking from Code Section 21-2-91, relating to the appointment of clerks, the following: district, and inserting in lieu thereof the following: precinct. (5) By striking from Code Section 21-2-99, relating to the instruction of poll officers as to the use of voting machines, the following: districts, and inserting in lieu thereof the following: precincts. (6) By striking from paragraph (1) of subsection (d) of Code Section 21-2-132, relating to filing a notice of candidacy, the following: vice-president, and inserting in lieu thereof the following: Vice President. (7) By striking subsection (b) of Code Section 21-2-170, relating to nomination of candidates by petition, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) A nomination petition of a candidate seeking an office which is voted upon state-wide shall be signed by not less than 2.5 percent of the total number of electors eligible to vote in the last election for the filling of the office the candidate is seeking; a nomination petition of a candidate for any other office shall be signed by not less than 5 percent of the total number of electors eligible to vote in the last election for the filling of the office the candidate is seeking. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of electors in the constituency who would have been qualified to vote for such office had the election been held at the last general election. (8) By striking subsection (a) of Code Section 21-2-213, relating to qualifications of registrars and deputy registrars, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (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 member of a county board of registrars, 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 member of a county board of registrars, 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. (9) By striking from subsection (e) of Code Section 21-2-217, relating to the form of registration cards, the following: applicants,

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and inserting in lieu thereof the following: applicant's. (10) By striking from subsection (c) of Code Section 21-2-219, relating to qualifications of voters, the following: at the time of the adoption of this chapter, and inserting in lieu thereof the following: on June 24, 1964, and by striking from subsection (d) of said Code section the following: Vice-President, and inserting in lieu thereof the following: Vice President. (11) By striking from subsection (c) of Code Section 21-2-237, relating to the challenge of persons on the list of electors by certain other electors, the following: district, and inserting in lieu thereof the following: precinct. (12) By striking from subsection (a) of Code Section 21-2-240, relating to procedure to be followed upon change of residence of an elector, the following: electors' list, and inserting in lieu thereof the following: electors list.

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(13) By adding following the words with subsection (a) in subsection (b) of Code Section 21-2-261.1, relating to requirements for certain voting precincts, the following: of this Code section. (14) By striking from subsection (a) of Code Section 21-2-267, relating to equipment for use in polling places, the following: districts, and inserting in lieu thereof the following: precincts. (15) By striking from Code Section 21-2-280, relating to conducting primaries and elections by ballot, the following: district, and inserting in lieu thereof the following: precinct. (16) By striking from paragraph (1) of subsection (b) and from subsection (e) of Code Section 21-2-285, relating to the form of official election ballots, the following: Vice-President, and inserting in lieu thereof the following: Vice President. (17) By striking from subsection (c) of Code Section 21-2-323, relating to installation of voting machines, the following: districts, and inserting in lieu thereof the following: precincts.

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(18) By striking from subsection (e) of Code Section 21-2-325, relating to form of ballot labels, the following: ballots labels, and inserting in lieu thereof the following: ballot labels, by striking from subsection (e) of said Code section the following: vice-president, and inserting in lieu thereof the following: Vice President, and by striking from subsection (i) of said Code section the following: election district, and inserting in lieu thereof the following: precinct. (19) By striking from subsection (c) of Code Section 21-2-352, relating to installation of vote recorders, the following: districts, and inserting in lieu thereof the following: precincts. (20) By striking from subsection (a) of Code Section 21-2-381, relating to applications for absentee ballots, the following: district, and inserting in lieu thereof the following:

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precinct. (20.1) By striking from subsection (b) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, the following: five, and inserting in lieu thereof the following: ten. (21) By striking subsection (a) of Code Section 21-2-386, relating to certain procedures regarding absentee ballots, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (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 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 conform 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. Four copies of the 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 four copies of 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

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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. (22) By adding the word to between duplicate and the in subsection (a) of Code Section 21-2-405, relating to certain requirements of poll officers, and by striking the word district and inserting in lieu thereof precinct in subsection (b) of said Code section. (23) By striking from subsection (b) of Code Section 21-2-409, relating to electors entitled to receive assistance in voting, the following: five, and inserting in lieu thereof the following: ten. (24) By striking from Code Section 21-2-430, relating to the opening of ballot boxes, the following: districts, and inserting in lieu thereof the following: precincts. (25) By striking from subsection (b) of Code Section 21-2-433, relating to admission of electors to the enclosed space, the following: districts, and inserting in lieu thereof the following: precincts. (26) By striking from subsection (a) of Code Section 21-2-435, relating to marking and depositing ballots, the following: districts,

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and inserting in lieu thereof the following: precincts. (27) By striking from Code Section 21-2-436, relating to certain duties of poll officers, the following: districts, and inserting in lieu thereof the following: precincts. (28) By striking from subsection (a) of Code Section 21-2-450, relating to certain procedures regarding polls, the following: districts, and inserting in lieu thereof the following: precincts. (29) By striking from subsection (a) of Code Section 21-2-456, relating to certain election return sheets and statements, the following: district, and inserting in lieu thereof the following: precinct. (30) By striking from Code Section 21-2-457, relating to the removal and storage of voting machines, the following: districts, and inserting in lieu thereof the following: precincts. (31) By striking from subsection (a) of Code Section 21-2-470, relating to procedures for obtaining ballot cards, the following:

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districts, and inserting in lieu thereof the following: precincts. (32) By striking from paragraph (1) of Code Section 21-2-473, relating to certain duties of poll officers, the following: voter, and inserting in lieu thereof the following: vote. (33) By striking from Code Section 21-2-491, relating to public inspection of unsealed returns, the following: districts, and inserting in lieu thereof the following: precincts. (34) By striking from Code Section 21-2-492, relating to the computation and canvassing of returns, the following: district, and inserting in lieu thereof the following: precinct. (35) By striking the word districts and inserting in lieu thereof the word precincts in subsection (a) of Code Section 21-2-493, relating to computation of returns by the superintendent, by striking the words districts and district and inserting in lieu thereof precincts and precinct in subsection (d) of said Code section, and by striking the word districts and inserting in lieu thereof the word precincts in subsection (f) of said Code section. (36) By striking the comma following the word apparent in the first sentence of subsection (a) of Code Section 21-2-495, relating to procedure for recounting votes.

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(37) By striking from paragraph (2) of Code Section 21-2-594, relating to offenses by printers of ballots, the following: way that that, and inserting in lieu thereof the following: way than that. (38) By striking paragraph (20) of Code Section 21-3-2, relating to definitions pertaining to municipal elections, the following: Chapter 11 of Title 16, and inserting in lieu thereof the following: Part 2 of Article 1 of Chapter 11 of Title 16. (39) By striking paragraph (5) of Code Section 21-3-8, relating to powers and duties of municipal governing authorities regarding elections, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) To designate, by ordinance or resolution, precincts for primaries and elections and to alter said precincts as necessary;. (40) By striking from Code Section 21-3-33, relating to the appointment of clerks, the following: district, and inserting in lieu thereof the following: precinct. (41) By striking the words district or from Code Section 21-3-36, relating to the instruction of poll officers in the use of voting machines and vote recorders. (42) By striking the word thirty and inserting in lieu thereof 30 in the last sentence of subsection (a) of Code Section 21-3-91, relating to filing notice of candidacy, and by striking the word corporation and inserting in lieu thereof occupation in paragraph (2) of subsection (e) of said Code section.

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(43) By striking from subsection (c) of Code Section 21-3-125, relating to qualifications of voters, the following: whatsoever; in which event,, and inserting in lieu thereof the following: whatsoever, in which event. (44) By striking from subsection (b) of Code Section 21-3-133, relating to purging of the list of electors by municipalities, the following: first class mail, and inserting in lieu thereof the following: first-class mail. (45) By striking subsection (a) of Code Section 21-3-135, relating to a certified list of voters, in its entirety and inserting in lieu thereof a new Code section 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 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 precinct. Such list shall not be used by any person for commercial purposes. (46) By striking from subsection (b) of Code Section 21-3-138, relating to challenges of persons on the electors list, the following: district, and inserting in lieu thereof the following:

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precinct. (47) By adding following the words with subsection (a) in subsection (b) of Code Section 21-3-161.1, relating to requirements for certain voting precincts, the following: of this Code section. (48) By striking from subsection (a) of Code Section 21-3-165, relating to equipment for use in polling places, the following: districts, and inserting in lieu thereof the following: precincts. (49) By striking from Code Section 21-3-180, relating to conducting primaries and elections by ballot, the following: district, and inserting in lieu thereof the following: precinct. (50) By striking the language from subsection (c) of Code Section 21-3-187, relating to the form of official election ballots, which reads as follows: The columns of political bodies shall be arranged alphabetically, according to the party name, to the right of the columns of the parties so represented. (51) By striking from subsection (c) of Code Section 21-3-223, relating to the installation of voting machines, the following: districts, and inserting in lieu thereof the following: precincts.

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(52) By striking from subsection (c) of Code Section 21-3-252, relating to the installation of vote recorders, the following: districts, and inserting in lieu thereof the following: precincts. (53) By striking the language in subsection (c) of Code Section 21-3-257, relating to preparation of vote recorders for voting, which reads as follows: No write-in votes may be cast in a primary, run-off primary, or run-off election. (54) By striking from subsection (a) of Code Section 21-3-283, relating to applications for absentee ballots, the following: district, and inserting in lieu thereof the following: precinct. (55) By striking the colon following the word Georgia and inserting in lieu thereof a semicolon in the form contained in subsection (d) of Code Section 21-3-284, relating to absentee ballots, and by striking the word oath and inserting in lieu thereof the word oaths in the undesignated paragraph following the form in said subsection. (56) By striking from the form contained in subsection (d) of Code Section 21-3-284, relating to absentee ballots, the following: Georgia law further provides that any person violating this chapter shall be guilty of a misdemeanor., and inserting in lieu thereof the following: Georgia law further provides that any person violating the Georgia Municipal Election Code shall be guilty of a misdemeanor.

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(57) By striking subsection (b) of Code Section 21-3-285, relating to procedure for voting by absentee ballot, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: any elector selected by such elector who is qualified to vote in the same municipality as the disabled elector; or the father, mother, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the disabled elector. If the disabled elector is sojourning outside his own municipality, a notary public of the jurisdiction may give such assistance and shall then sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff. (58) By striking the word comply and inserting in lieu thereof the word conform in the fifth sentence of subsection (a) of Code Section 21-3-286, relating to absentee ballots. (59) By striking from subsection (b) of Code Section 21-3-314, relating to certain duties of poll officers, the following: district, and inserting in lieu thereof the following: precinct. (59.1) By striking from subsection (c) of Code Section 21-3-318, relating to the assisting of certain electors, the following: five, and inserting in lieu thereof the following: ten. (60) By striking from Code Section 21-3-340, relating to the opening of ballot boxes, the following: districts,

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and inserting in lieu thereof the following: precincts. (61) By striking from subsection (a) of Code Section 21-3-360, relating to the opening of polls, the following: districts, and inserting in lieu thereof the following: precincts. (62) By striking from subsections (b) and (c) of Code Section 21-3-366, relating to the form of return sheets, the following: district, and inserting in lieu thereof the following: precinct. (63) By striking from Code Section 21-3-367, relating to the removal and storage of voting machines, the following: districts, and inserting in lieu thereof the following: precincts. (64) By striking from subsection (a) of Code Section 21-3-380, relating to procedures for obtaining ballot cards, the following: districts, and inserting in lieu thereof the following: precincts. (65) By striking from subsection (c) of Code Section 21-3-381, relating to the preparation and signing of returns, the following:

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district, and inserting in lieu thereof the following: precinct. (66) By striking from Code Section 21-3-401, relating to public inspection of unsealed returns, the following: districts, and inserting in lieu thereof the following: precincts. (67) By adding parentheses around the phrase Printed name of elector in the form contained in subsection (a) of Code Section 21-4-6, relating to the form of a recall petition. (68) By striking from paragraph (3) of subsection (c) of Code Section 21-4-12, relating to recall elections, the following: city, and inserting in lieu thereof the following: municipality. (69) By striking the ballot in subsection (e) of Code Section 21-4-12, relating to recall elections, in its entirety and inserting in lieu thereof a new ballot to read as follows: () YES () NO Shall (name of office holder) (name of office), be recalled and removed from public office? Section 2 . Said title is further amended as follows: (1) By striking from subsection (a) of Code Section 21-1-2, relating to the preparation of the summary of general amendments to the Constitution of Georgia, the following:

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Article XII, Section I, Paragraph I, and inserting in lieu thereof the following: Article X, Section I, Paragraph II. (2) By striking from subsection (a) of Code Section 21-2-222, relating to applications for voter registration, the following: Article II, Section II, Paragraph I, and inserting in lieu thereof the following: Article II, Section I, Paragraph III. (3) By striking the last sentence of Code Section 21-2-228, relating to registration of persons to vote in special primaries and elections, which reads as follows: 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., in its entirety. (4) By striking subsection (b) of Code Section 21-2-237, relating to the challenge of persons on the list of electors by certain other electors, which reads as follows: (b) Any other provision of this law to the contrary notwithstanding, no challenge as provided in this Code section shall be valid as to a person who has registered to vote prior to March 25, 1958, on the grounds that such person does not come within either of the classes provided in the two subdivisions of Article II, Section I, Paragraph IV of the Constitution of Georgia., in its entirety and inserting in lieu thereof the following: (b) Reserved. (5) By striking Code Section 21-4-11, relating to holding certain special elections, in its entirety and inserting in lieu thereof a new Code Section 21-4-11 to read as follows:

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21-4-11. If an officeholder resigns subsequent to the filing of an application to circulate a recall petition or within five days folowing the filing of a recall petition for verification, no recall election shall be conducted; and the appropriate state or loacal official shall call a special election to fill the vacancy within ten days after the date of acceptance of the resignation. If no official is specifically designated by law of if the appropriate official has resigned as provided in this Code section, the Governor shall issue the call for a special election to fill the vacancy created by the resignation. The special election shall be held at least 30 days but not more than 45 days following the call. (6) By striking subsection (g) of Code Section 21-4-12, relating to holding recall elections, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows: (g) A special election shall be called by the appropriate state or local official to fill a vacancy creted by recall. The special election shall be called withing ten days after the date of the recall election and shall be conducted at least 30 days but not more than 45 days following the call. If no official is specifically disignated by law or if the appropriate official has been recalled, the Governor shall issue the call for a special election to fill the vacancy created by recall. Any person who has been recalled from office under this chapter shall be eligible to offer for election to fill the vacancy created by recall. Section 3 . This Act shall become effective upon its approval be the Governor or upon its becoming law without his approval, except that Section 2 of this Act shall become effective on July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved January 25, 1983.

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SUPPLEMENTARY APPROPRIATIONS ACT. Ga. Laws 1982, p. 1876 Amended. No. 3 (House Bill No. 1 AN ACT To amend an Act providing appropriations for the State Fiscal Year 1982-83, known as the General Appropriations Act, approved April 21, 1982 (Ga. Laws 1982, p. 1876), so as to change the revenue estimate and certain appropriations for the State Fiscal Year 1982-83; 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 State Fiscal Year 1982-83, known as the General Appropriations Act, approved April 21, 1982 (Ga. Laws 1982, p. 1876), is amended by striking everything following the enacting clause, and by substituting in lieu thereof the following: 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 State Fiscal Year, from the General Funds of the State, including unappropriated surplus and a State fund revenue estimate of $3,632,000,000 for State Fiscal Year 1983. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch . Budget Unit: Legislative Branch $ 15,250,000 Operations $ 15,250,000 Total Funds Budgeted $ 15,250,000 State Funds Budgeted $ 15,250,000 Budget Unit Object Classes : Operations $ 15,250,000 For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Legislative Educational Research 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 $ 5,425,000 1. Operations $ 5,075,000 Total Funds Budgeted $ 5,075,000 State Funds Budgeted $ 5,075,000 2. Tax Ratio Study $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Budget Unit Object Classes : Operations $ 5,075,000 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 $ 2,387,894 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 (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 $ 19,730,053 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 Regular Session of the General Assembly immediately preceding this State Fiscal Year. Provided, that of the above appropriation relating to Superior Courts, $446,539 is designated and committed for the Prosecuting Attorneys' Council for operations and $82,184 is designated and committed for the Sentence Review Panel. 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 Section 5. Court of Appeals . Budget Unit: Court of Appeals $ 2,652,951 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 Section 6. Administrative Office of the Courts . Budget Unit: Administrative Office of the Courts $ 781,731 Administrative Office of the Courts $ 494,178 Case Counting $ 60,000 Institute for Continuing Judicial Education $ 227,553 Total Funds Budgeted $ 781,731 State Funds Budgeted $ 781,731 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 Section 9. Board of Court Reporting . Budget Unit: $ 15,486 For the cost of operating the Board of Court Reporting. Total Positions Budgeted 1 Section 10. Council of Juvenile Court Judges . Budget Unit: $ 104,384 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: $ 537,658 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 $ 31,044,488 1. State Properties Commission Budget: Personal Services $ 219,910 Regular Operating Expenses $ 5,688 Travel $ 1,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 12,516 Telecommunications $ 3,600 Per Diem, Fees and Contracts $ 13,455 Total Funds Budgeted $ 256,869 State Funds Budgeted $ 256,869 Total Positions Budgeted 6 2. Departmental Administration Budget: Personal Services $ 1,069,715 Regular Operating Expenses $ 155,447 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,820 Equipment Purchases $ 952 Computer Charges $ 30,000 Real Estate Rentals $ 47,817 Telecommunications $ 16,449 Per Diem, Fees and Contracts $ -0- Direct Payments to Georgia Building Authority for Capital Outlay $ 1,970,802 Direct Payments to Georgia Building Authority for Operations $ 375,200 Direct Payments to Georgia Building Authority for Floyd Building Operations $ 1,200,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Total Funds Budgeted $ 5,738,202 State Funds Budgeted $ 5,665,802 Total Positions Budgeted 42 3. Treasury and Fiscal Administration Budget: Personal Services $ 864,780 Regular Operating Expenses $ 80,103 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ -0- Computer Charges $ 4,582,447 Real Estate Rentals $ 27,851 Telecommunications $ 12,510 Per Diem, Fees and Contracts $ -0- Public Safety Officers Indemnification Fund $ 478,345 Total Funds Budgeted $ 6,062,036 State Funds Budgeted $ 3,763,270 Total Positions Budgeted 29 4. Central Supply Administration Budget: Personal Services $ 247,875 Regular Operating Expenses $ 297,207 Travel $ -0- Motor Vehicle Equipment Purchases $ 1,003 Publications and Printing $ -0- Equipment Purchases $ 1,400 Computer Charges $ -0- Real Estate Rentals $ 61,179 Telecommunications $ -0- Per Diem, Fees and Contracts $ 1,000 Materials for Resale $ 5,400,000 Utilities $ -0- Total Funds Budgeted $ 6,009,664 Total Expenditures Authorized $ 6,009,664 State Funds Budgeted $ -0- Total Positions Budgeted 15 5. Procurement Administration Budget: Personal Services $ 1,211,198 Regular Operating Expenses $ 113,823 Travel $ 7,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 29,000 Equipment Purchases $ 447 Computer Charges $ 190,590 Real Estate Rentals $ 56,502 Telecommunications $ 34,500 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,643,310 State Funds Budgeted $ 1,643,310 Total Positions Budgeted 50 6. General Services Administration Budget: Personal Services $ 304,217 Regular Operating Expenses $ 7,529 Travel $ 6,550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,800 Equipment Purchases $ 150 Computer Charges $ 18,000 Real Estate Rentals $ 12,165 Telecommunications $ 29,779 Per Diem, Fees and Contracts -0- Total Funds Budgeted $ 388,190 Total Expenditures Authorized $ 388,190 State Funds Budgeted $ -0- Total Positions Budgeted 13 7. Space Management Administration Budget: Personal Services $ 256,079 Regular Operating Expenses $ 7,320 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 928 Computer Charges $ 5,000 Real Estate Rentals $ 17,999 Telecommunications $ 6,230 Per Diem, Fees and Contracts $ -0- Materials for Resale $ -0- Total Funds Budgeted $ 295,456 State Funds Budgeted $ 295,456 Total Positions Budgeted 10 8. Data Processing Services Budget: Personal Services $ 16,676,476 Regular Operating Expenses $ 1,410,817 Travel $ 60,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 230,800 Equipment Purchases $ 56,319 Computer Charges $ 280,000 Rents and Maintenance Expense $ 16,776,942 Real Estate Rentals $ 1,024,536 Telecommunications $ 309,543 Payments to DOAS Fiscal Administration $ 2,270,896 Per Diem, Fees and Contracts $ 837,692 Total Funds Budgeted $ 39,934,021 Total Expenditures Authorized $ 39,934,021 State Funds Budgeted $ 13,302,685 Total Positions Budgeted 661 9. Motor Pool Services Budget: Personal Services $ 389,011 Regular Operating Expenses $ 1,479,866 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 $ 2,112,597 Total Expenditures Authorized $ 2,112,597 State Funds Budgeted $ -0- Total Positions Budgeted 22 10. Communication Services Budget: Personal Services $ 2,473,852 Regular Operating Expenses $ 364,761 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 50,600 Publications and Printing $ 59,000 Equipment Purchases $ 21,380 Computer Charges $ 164,823 Real Estate Rentals $ 57,503 Telecommunications $ 385 Per Diem, Fees and Contracts $ 5,000 Telephone Billings $ 26,395,620 Total Funds Budgeted $ 29,603,924 Total Expenditures Authorized $ 29,603,294 State Funds Budgeted $ 6,000,000 Total Positions Budgeted 108 11. Printing Services Budget: Personal Services $ 1,410,732 Regular Operating Expenses $ 1,559,230 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 $ 3,548,132 Total Expenditures Authorized $ 3,548,132 State Funds Budgeted $ -0- Total Positions Budgeted 69 12. Surplus Property Services Budget: Personal Services $ 723,902 Regular Operating Expenses $ 260,552 Travel $ 25,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,000 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 $ 1,115,504 State Funds Budgeted $ 117,096 Total Positions Budgeted 39 13. Mail and Courier Services Budget: Personal Services $ 157,942 Regular Operating Expenses $ 117,120 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 $ 277,301 Total Expenditures Authorized $ 277,301 State Funds Budgeted $ -0- Total Positions Budgeted 10 14. Self-Insurance Services Budget: Personal Services $ 531,026 Regular Operating Expenses $ 21,673 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 $ 696,005 Total Expenditures Authorized $ 696,005 State Funds Budgeted $ -0- Total Positions Budgeted 22 Budget Unit Object Classes : Personal Services $ 26,536,715 Regular Operating Expenses $ 5,881,136 Travel $ 154,700 Motor Vehicle Equipment Purchases $ 286,603 Publications and Printing $ 368,420 Equipment Purchases $ 147,876 Computer Charges $ 5,333,060 Real Estate Rentals $ 1,481,424 Telecommunications $ 435,345 Per Diem, Fees and Contracts $ 889,147 Rents and Maintenance Expense $ 16,776,942 Utilities $ 23,980 Payments to DOAS Fiscal Administration $ 2,270,896 Direct Payments to Georgia Building Authority for Operations $ 375,200 Direct Payments to Georgia Building Authority for Capital Outlay $ 1,970,802 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Direct Payments to Georgia Building Authority for Floyd Building Operations $ 1,200,000 Telephone Billings $ 26,395,620 Materials for Resale $ 5,825,000 Public Safety Officers Indemnity Fund $ 478,345 Total Positions Budgeted 1,096 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 $ 388,190 Data Processing Service $ 39,934,021 Motor Pool Service $ 2,112,597 Communication Services $ 29,603,924 Printing Services $ 3,548,132 Total $ 75,586,864 except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service. Provided further, the State Auditor shall report any exceptions or violations of this intent in 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. B. Budget Unit: Georgia Building Authority $ -0- Georgia Building Authority Budget: Personal Services $ 11,050,940 Regular Operating Expenses $ 2,487,369 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 32,000 Equipment Purchases $ 110,000 Computer Charges $ -0- Real Estate Rentals $ 32,000 Telecommunications $ 60,000 Per Diem, Fees and Contracts $ 115,000 Capital Outlay $ 1,970,802 Authority Lease Rentals $ 1,039,500 Utilities $ 4,700,000 Facilities Renovations and Repairs $ -0- Total Funds Budgeted $ 21,601,611 State Funds Budgeted $ -0- Total Positions Budgeted 507 Budget Unit Object Classes : Personal Services $ 11,050,940 Regular Operating Expenses $ 2,487,369 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 32,000 Equipment Purchases $ 110,000 Computer Charges $ -0- Real Estate Rentals $ 32,000 Telecommunications $ 60,000 Per Diem, Fees and Contracts $ 115,000 Capital Outlay $ 1,970,802 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. Section 14. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 21,920,739 1. Plant Industry Budget: Personal Services $ 3,572,578 Regular Operating Expenses $ 303,871 Travel $ 102,715 Motor Vehicle Equipment Purchases $ 54,211 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 $ -0- Total Funds Budgeted $ 4,176,919 State Funds Budgeted $ 3,562,126 Total Positions Budgeted 168 2. Animal Industry Budget: Personal Services $ 1,193,752 Regular Operating Expenses $ 118,480 Travel $ 43,500 Motor Vehicle Equipment Purchases $ 42,490 Publications and Printing $ 9,500 Equipment Purchases $ 700 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 46,563 Per Diem, Fees and Contracts $ 75,000 Athens Veterinary Laboratory Contract $ 448,019 Tifton Veterinary Laboratory Contract $ 823,556 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton $ 991,000 Veterinary Fees $ 498,500 Indemnities $ 71,000 Capital Outlay $ -0- Total Funds Budgeted $ 4,362,060 State Funds Budgeted $ 4,007,204 Total Positions Budgeted 56 3. Marketing Budget: Personal Services $ 877,604 Regular Operating Expenses $ 137,440 Travel $ 53,000 Motor Vehicle Equipment Purchases $ 6,087 Publications and Printing $ 13,980 Equipment Purchases $ 2,275 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 38,250 Per Diem, Fees and Contracts $ 27,000 Advertising $ 55,000 Major Repairs and Maintenance Projects at Minor Markets $ 95,000 Total Funds Budgeted $ 1,305,636 State Funds Budgeted $ 1,299,386 Total Positions Budgeted 40 4. Major Markets Budget: Personal Services $ 1,882,500 Regular Operating Expenses $ 773,438 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 Markets $ 264,000 Total Funds Budgeted $ 3,068,883 State Funds Budgeted $ 584,480 Total Positions Budgeted 103 5. General Agricultural Field Forces Budget: Personal Services $ 2,008,349 Regular Operating Expenses $ 118,404 Travel $ 168,190 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 1,900 Computer Charges $ -0- Real Estate Rentals $ 3,600 Telecommunications $ 19,000 Per Diem, Fees and Contracts $ 200 Total Funds Budgeted $ 2,323,643 State Funds Budgeted $ 2,323,643 Total Positions Budgeted 108 6. Internal Administration Budget: Personal Services $ 1,296,671 Regular Operating Expenses $ 214,138 Travel $ 27,500 Motor Vehicle Equipment Purchases $ 6,087 Publications and Printing $ 14,000 Equipment Purchases $ 3,220 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 Payments to Georgia Agrirama Development Authority $ 263,613 Total Funds Budgeted $ 2,523,491 State Funds Budgeted $ 2,479,123 Total Positions Budgeted 54 7. Information and Education Budget: Personal Services $ 138,083 Regular Operating Expenses $ 14,140 Travel $ 600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 370,000 Equipment Purchases $ 1,725 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 6,732 Per Diem, Fees and Contracts $ -0- Market Bulletin Postage $ 590,432 Total Funds Budgeted $ 1,121,712 State Funds Budgeted $ 1,121,712 Total Positions Budgeted 9 8. Fuel and Measures Standards Budget: Personal Services $ 1,265,543 Regular Operating Expenses $ 232,373 Travel $ 89,100 Motor Vehicle Equipment Purchases $ 121,300 Publications and Printing $ 4,500 Equipment Purchases $ 16,100 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 15,964 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,744,880 State Funds Budgeted $ 1,741,380 Total Positions Budgeted 71 9. Consumer Services Budget: Personal Services $ 676,441 Regular Operating Expenses $ 66,051 Travel $ 17,500 Motor Vehicle Equipment Purchases $ 22,250 Publications and Printing $ 4,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,502 Per Diem, Fees and Contracts $ 500 Total Funds Budgeted $ 807,244 State Funds Budgeted $ 807,244 Total Positions Budgeted 29 10. Consumer Protection Field Forces Budget: Personal Services $ 3,017,089 Regular Operating Expenses $ 132,323 Travel $ 155,600 Motor Vehcile Equipment Purchases $ 30,958 Publications and Printing $ 8,200 Equipment Purchases $ 3,300 Computer Charges $ -0- Real Estate Rentals $ 6,240 Telecommunications $ 34,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 3,387,710 State Funds Budgeted $ 2,653,307 Total Positions Budgeted 126 11. Meat Inspection Budget: Personal Services $ 2,722,460 Regular Operating Expenses $ 77,466 Travel $ 147,119 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 $ 3,114,131 State Funds Budgeted $ 1,241,134 Total Positions Budgeted 122 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) $ 100,000 Total Funds Budgeted $ 100,000 State Funds Budgeted $ 100,000 Total Positions Budgeted 0 13. Seed Technology and Development Personal Services $ 178,732 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 $ 189,132 State Funds Budgeted $ -0- Total Positions Budgeted 8 Budget Unit Object Classes : Personal Services $ 18,829,802 Regular Operating Expenses $ 2,195,524 Travel $ 817,874 Motor Vehicle Equipment Purchases $ 335,483 Publications and Printing $ 465,722 Equipment Purchases $ 113,915 Computer Charges $ 128,362 Real Estate Rentals $ 528,293 Telecommunications $ 322,696 Per Diem, Fees and Contracts $ 242,650 Market Bulletin Postage $ 590,432 Fire Ant Bait (approved by Federal Government) $ 100,000 Athens Veterinary Laboratory Contract $ 448,019 Tifton Veterinary Laboratory Contract $ 823,556 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton $ 991,000 Veterinary Fees $ 498,500 Indemnities $ 71,000 Advertising Contract $ 90,000 Payments to Georgia Agrirama Development Authority for Operations $ 263,613 Repairs and Maintenance Projects at Minor Markets $ 95,000 Repairs and Maintenance Projects at Major Markets $ 264,000 Contract - Federation of Southern Cooperatives $ 10,000 Capital Outlay $ -0- Total Positions Budgeted 894 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. Provided, however, of the above appropriation for Fire Ant Bait (approved by Federal Government), State funds in the amount of $100,000 are designated and committed for the purpose of purchasing fire ant bait approved by the Federal Government and shall not be expended for any other purpose, and shall not be transferred to any other object class by the Fiscal Affairs Sub-Committees. B. Budget Unit: Georgia Agrirama Development Authority $ -0- Georgia Agrirama Development Authority Budget: Personal Services $ 417,353 Regular Operating Expenses $ 91,104 Travel $ 6,160 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,300 Equipment Purchases $ 7,030 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,500 Per Diem, Fees and Contracts $ 94,483 Capital Outlay $ 206,024 Goods for Resale $ 80,100 Total Funds Budgeted $ 193,054 State Funds Budgeted $ -0- Total Positions Budgeted 27 Budget Unit Object Classes : Personal Services $ 417,353 Regular Operating Expenses $ 91,104 Travel $ 6,160 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,300 Equipment Purchases $ 7,030 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,500 Per Diem, Fees and Contracts $ 94,483 Capital Outlay $ 206,024 Goods for Resale $ 80,100 Total Positions Budgeted 27 Authorized Motor Vehicles 5 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 $ 3,278,089 Administration and Examination Budget: Personal Services $ 2,698,765 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 $ 3,278,089 State Funds Budgeted $ 3,278,089 Total Positions Budgeted 102 Budget Unit Object Classes : Personal Services $ 2,698,765 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 $ 4,170,778 1. Executive and Administrative Budget: Personal Services $ 514,659 Regular Operating Expenses $ 38,060 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,500 Equipment Purchases $ -0- Computer Charges $ 100 Real Estate Rentals $ 91,779 Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 9,000 Capital Felony Expenses $ 50,000 Multi-State Transportation Board $ -0- Grants to Area Planning and Development Commissions $ 1,316,250 Grants for Revitalization Projects $ 110,000 Local Assistance Grants $ 348,000 Total Funds Budgeted $ 2,506,348 State Funds Budgeted $ 2,429,297 Total Positions Budgeted 18 2. Technical Assistance Budget: Personal Services $ 642,621 Regular Operating Expenses $ 24,027 Travel $ 36,000 Motor Vehicle Equipment Purchases $ 6,200 Publications and Printing $ 8,150 Equipment Purchases $ -0- Computer Charges $ 900 Real Estate Rentals $ 29,349 Telecommunications $ 13,150 Per Diem, Fees and Contracts $ 29,100 Juvenile Justice Grants $ 1,000,000 Total Funds Budgeted $ 1,789,497 State Funds Budgeted $ 694,035 Total Positions Budgeted 24 3. Community and Economic Development Budget: Personal Services $ 833,175 Regular Operating Expenses $ 30,000 Travel $ 52,505 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ -0- Computer Charges $ 2,000 Real Estate Rentals $ 40,000 Telecommunications $ 30,000 Per Diem, Fees and Contracts $ 30,000 Appalachian Regional Commission Assessment $ 56,720 Total Funds Budgeted $ 1,084,400 State Funds Budgeted $ 644,540 Total Positions Budgeted 29 4. Intergovernmental Assistance Budget: Personal Services $ 444,886 Regular Operating Expenses $ 12,188 Travel $ 16,710 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,450 Equipment Purchases $ -0- Computer Charges $ 4,000 Real Estate Rentals $ 21,232 Telecommunications $ 18,500 Per Diem, Fees and Contracts $ 4,650 Total Funds Budgeted $ 540,616 State Funds Budgeted $ 402,906 Total Positions Budgeted 14 Budget Unit Object Classes : Personal Services $ 2,435,341 Regular Operating Expenses $ 104,275 Travel $ 115,215 Motor Vehicle Equipment Purchases $ 6,200 Publications and Printing $ 44,100 Equipment Purchases $ -0- Computer Charges $ 7,000 Real Estate Rentals $ 182,360 Telecommunications $ 72,650 Per Diem, Fees and Contracts $ 72,750 Capital Felony Expenses $ 50,000 Grants to Area Planning and Development Commissions $ 1,316,250 Local Assistance Grants $ 348,000 Grants to Revitalization Projects $ 110,000 Appalachian Regional Commission Assessment $ 56,720 Multi-State Transportation Board $ -0- Juvenile Justice Grants $ 1,000,000 Total Positions Budgeted 85 Authorized Motor Vehicles 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 Section 17. Office of Comptroller General . Budget Unit: Office of Comptroller General $ 5,650,311 1. Internal Administration Budget: Personal Services $ 525,215 Regular Operating Expenses $ 89,128 Travel $ 2,445 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,925 Equipment Purchases $ 1,655 Computer Charges $ 232,080 Real Estate Rentals $ -0- Telecommunications $ 14,393 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 870,841 State Funds Budgeted $ 858,844 Total Positions Budgeted 20 2. Insurance Regulation Budget: Personal Services $ 1,051,545 Regular Operating Expenses $ 48,248 Travel $ 2,683 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 90,921 Equipment Purchases $ 280 Computer Charges $ 69,585 Real Estate Rentals $ 17,632 Telecommunications $ 23,650 Per Diem, Fees and Contracts $ 3,000 Total Funds Budgeted $ 1,307,544 State Funds Budgeted $ 1,222,544 Total Positions Budgeted 46 3. Industrial Loans Regulation Budget: Personal Services $ 362,954 Regular Operating Expenses $ 20,884 Travel $ 14,810 Motor Vehicle Equipment Purchases $ 5,500 Publications and Printing $ 997 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,536 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 410,681 State Funds Budgeted $ 410,681 Total Positions Budgeted 13 4. Information and Enforcement Budget: Personal Services $ 965,321 Regular Operating Expenses $ 36,566 Travel $ 16,442 Motor Vehicle Equipment Purchases $ 7,250 Publications and Printing $ 2,366 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 18,992 Telecommunications $ 31,263 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,078,200 State Funds Budgeted $ 1,078,200 Total Positions Budgeted 43 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 2,035,225 Regular Operating Expenses $ 93,330 Travel $ 126,150 Motor Vehicle Equipment Purchases $ 87,000 Publications and Printing $ 11,935 Equipment Purchases $ 2,200 Computer Charges $ -0- Real Estate Rentals $ 32,168 Telecommunications $ 27,022 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 2,425,030 State Funds Budgeted $ 2,080,042 Total Positions Budgeted 101 Budget Unit Object Classes : Personal Services $ 4,940,260 Regular Operating Expenses $ 288,156 Travel $ 162,530 Motor Vehicle Equipment Purchases $ 99,750 Publications and Printing $ 112,144 Equipment Purchases $ 4,135 Computer Charges $ 301,665 Real Estate Rentals $ 68,792 Telecommunications $ 101,864 Per Diem, Fees and Contracts $ 13,000 Total Positions Budgeted 223 Authorized Motor Vehicles 57 Section 18. Department of Defense . Budget Unit: Department of Defense $ 2,638,760 1. Office of the Adjutant General Budget: Personal Services $ 610,938 Regular Operating Expenses $ 23,678 Travel $ 2,580 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 3,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 700 Per Diem, Fees and Contracts $ 10,000 Military Assistance to Safety and Traffic Grant $ -0- Total Funds Budgeted $ 659,396 State Funds Budgeted $ 588,274 Total Positions Budgeted 21 2. Georgia Emergency Management Agency Budget: Personal Services $ 893,517 Regular Operating Expenses $ 100,570 Travel $ 29,870 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,910 Equipment Purchases $ 350 Computer Charges $ -0- Real Estate Rentals $ 6,200 Telecommunications $ 35,750 Per Diem, Fees and Contracts $ 52,140 Utilities $ 19,700 Civil Air Patrol Contract $ 40,000 Local Civil Defense Grants - Project Application $ 30,000 Local Civil Defense Grants - Training $ 45,000 Total Funds Budgeted $ 1,272,007 State Funds Budgeted $ 466,160 Total Positions Budgeted 36 3. Georgia Air National Guard Budget: Personal Services $ 1,149,051 Regular Operating Expenses $ 299,413 Travel $ 800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,350 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ 626,531 Capital Outlay $ -0- Total Funds Budgeted $ 2,077,145 State Funds Budgeted $ 269,705 Total Positions Budgeted 62 4. Georgia Army National Guard Budget: Personal Services $ 1,575,286 Regular Operating Expenses $ 539,148 Travel $ 2,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,900 Equipment Purchases $ 10,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 22,800 Per Diem, Fees and Contracts $ 10,800 Utilities $ 517,400 Capital Outlay $ 5,242 Georgia Military Institute Grant $ 15,000 Grants to National Guard Units $ 362,140 Repairs and Renovations $ 114,500 Total Funds Budgeted $ 3,189,916 State Funds Budgeted $ 1,314,621 Total Positions Budgeted 84 Budget Unit Object Classes : Personal Services $ 4,228,792 Regular Operating Expenses $ 962,809 Travel $ 35,950 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 38,660 Equipment Purchases $ 10,350 Computer Charges $ -0- Real Estate Rentals $ 6,200 Telecommunications $ 59,250 Per Diem, Fees and Contracts $ 72,940 Utilities $ 1,163,631 Military Assistance to Safety and Traffic Grant $ -0- National Guard Units Grants $ 362,140 Georgia Military Institute Grant $ 15,000 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 $ 114,500 Total Positions Budgeted 203 Authorized Motor Vehicles 20

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Section 19. State Board of Education - Department of Education . A. Budget Unit: Department of Education $ 1,370,624,749 1. Instructional Services Budget: Personal Services $ 4,292,278 Regular Operating Expenses $ 715,711 Travel $ 252,543 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 216,533 Equipment Purchases $ 15,850 Real Estate Rentals $ 158,280 Telecommunications $ 119,980 Per Diem, Fees and Contracts $ 189,813 Utilities $ 3,250 Total Funds Budgeted $ 5,964,238 Indirect DOAS Services Funding $ 51,000 State Funds Budgeted $ 3,303,004 Total Positions Budgeted 168 2. Governor's Honors Program Budget: Personal Services $ 280,436 Regular Operating Expenses $ 24,635 Travel $ 4,725 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,600 Equipment Purchases $ 825 Real Estate Rentals $ -0- Telecommunications $ 5,695 Per Diem, Fees and Contracts $ 348,670 Total Funds Budgeted $ 666,586 State Funds Budgeted $ 663,006 Total Positions Budgeted 2 3. Vocational Education Budget: Personal Services $ 2,941,849 Regular Operating Expenses $ 264,501 Travel $ 178,688 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 54,990 Equipment Purchases $ 6,935 Real Estate Rentals $ 146,498 Telecommunications $ 86,617 Per Diem, Fees and Contracts $ 1,905,515 Utilities $ 11,870 Total Funds Budgeted $ 5,597,463 State Funds Budgeted $ 1,976,975 Total Positions Budgeted 101 4. Public Library Services Budget: Personal Services $ 954,829 Regular Operating Expenses $ 165,645 Travel $ 13,875 Publications and Printing $ 12,000 Equipment Purchases $ 6,200 Real Estate Rentals $ 123,065 Telecommunications $ 41,760 Per Diem, Fees and Contracts $ 180,000 Utilities $ 11,710 Total Funds Budgeted $ 1,509,084 State Funds Budgeted $ 781,611 Total Positions Budgeted 42 5. State Administration Budget: Personal Services $ 1,012,829 Regular Operating Expenses $ 286,501 Travel $ 45,130 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,156 Equipment Purchases $ 56,586 Real Estate Rentals $ 67,900 Telecommunications $ 31,100 Per Diem, Fees and Contracts $ 217,000 Total Funds Budgeted $ 1,735,202 State Funds Budgeted $ 1,179,109 Total Positions Budgeted 32 6. Administrative Services Budget: Personal Services $ 4,605,748 Regular Operating Expenses $ 219,669 Travel $ 218,441 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 178,466 Equipment Purchases $ 6,250 Computer Charges $ 1,148,350 Real Estate Rentals $ 261,670 Telecommunications $ 113,630 Per Diem, Fees and Contracts $ 591,845 Utilities $ 6,895 Total Funds Budgeted $ 7,350,964 Indirect DOAS Services Funding $ 289,000 State Funds Budgeted $ 4,498,931 Total Positions Budgeted 191 7. Certification of Public School Personnel Budget: Personal Services $ 540,305 Regular Operating Expenses $ 27,200 Travel $ 500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 7,500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 17,820 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 598,325 State Funds Budgeted $ 569,188 Total Positions Budgeted 31 8. Planning and Development Budget: Personal Services $ 2,160,176 Regular Operating Expenses $ 84,645 Travel $ 81,483 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 72,090 Equipment Purchases $ 2,350 Real Estate Rentals $ 140,230 Telecommunications $ 61,558 Per Diem, Fees and Contracts $ 1,070,691 Total Funds Budgeted $ 3,673,223 State Funds Budgeted $ 2,948,875 Total Positions Budgeted 68 9. Professional Standards Commission Budget: Personal Services $ 57,065 Regular Operating Expenses $ 6,500 Travel $ 1,800 Publications and Printing $ 5,000 Equipment Purchases $ -0- Real Estate Rentals $ 4,700 Telecommunications $ 2,792 Per Diem, Fees and Contracts $ 58,803 Total Funds Budgeted $ 136,660 State Funds Budgeted $ 116,660 Total Positions Budgeted 2 10. Vocational Advisory Council Budget: Personal Services $ 83,918 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 $ 153,508 State Funds Budgeted $ -0- Total Positions Budgeted 3 11. Professional Practices Commission Budget: Personal Services $ 222,620 Regular Operating Expenses $ 8,585 Travel $ 11,846 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 600 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 20,150 Telecommunications $ 5,930 Per Diem, Fees and Contracts $ 29,200 Total Funds Budgeted $ 298,931 State Funds Budgeted $ 298,931 Total Positions Budgeted 7 12. Local Programs Budget: APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) (Code Section 20-2-157(a)) $ 567,789,630 Salaries of Instructional Personnel (Sec. 5) (Code Section 20-2-152) $ 98,419,476 Salaries of Instructional Personnel $ 22,509,945 Salaries of Student Supportive Personnel $ 25,012,012 Salaries of Administrative and Supervisory Personnel $ 66,613,617 Special Education Leadership Personnel $ 3,160,500 Instructional Media $ 19,834,916 Instructional Equipment $ 686,791 Maintenance and Operation $ 92,543,284 Sick and Personal Leave $ 5,509,694 Travel $ 1,007,283 Pupil Transportation $ 83,006,764 Isolated Schools $ 527,073 Mid-Term Adjustment $ -0- Non-APEG Grants: Education of Children of Low-Income Families $ 89,060,791 Teacher Retirement $ 101,717,505 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 $ 15,114,738 Compensatory Education $ 15,850,399 School Lunch (Federal) $ 101,184,050 School Lunch (State) $ 14,505,580 Supplementary Education Centers and Services $ 19,256 Staff Development $ 753,500 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 3,474,755 Special Project Grants $ -0- Cooperative Educational Service Agencies $ 3,719,736 Superintendents' Salaries $ 4,850,714 High School Program $ 26,029,314 Area Vocational-Technical Schools $ 55,963,896 Career Education $ 163,381 Junior College Vocational Program $ 2,351,702 Quick Start Program $ 2,800,000 Comprehensive Employment and Training $ 3,595,000 Vocational Research and Curriculum $ 374,707 Adult Education $ 3,614,899 Salaries and Travel of Public Librarians $ 4,243,255 Public Library Materials $ 3,515,912 Talking Book Centers $ 666,258 Public Library Maintenance and Operation $ 2,671,286 Public Library Construction $ 400,000 Instructional Aides $ 8,907,836 Teacher Health Insurance $ 33,701,580 Capital Outlay $ 109,500 Grants to Local School Systems for Educational Purposes $ 75,000,000 Indo-Chinese Refugee $ -0- Salaries of Extended Pre-School Personnel $ 10,663,648 Chapter II - Block Grant Flow Through $ 8,877,696 Nutrition Education $ 36,000 Total Funds Budgeted $ 1,603,236,499 State Funds Budgeted $ 1,354,288,459 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 17,152,053 Regular Operating Expenses $ 1,817,752 Travel $ 816,031 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 574,435 Equipment Purchases $ 105,096 Computer Charges $ 1,148,350 Real Estate Rentals $ 929,493 Telecommunications $ 490,712 Per Diem, Fees and Contracts $ 4,616,537 Utilities $ 33,725 APEG Grnats: Salaries of Instructional Personnel (Sec 10(a) (1) and 10 (a) (2)) (Code Section 20-2-157(a)) $ 567,789,630 Salaries of Instructional Personal (Sec. 5) (Code Section 20-2-152) $ 98,419,476 Salaries of Instructional Personnel $ 22,509,945 Salaries of Student Supportive Personnel $ 25,012,012 Salaries of Administrative and Supervisory Personnel $ 66,613,617 Special Education Leadership Personnel $ 3,160,500 Instructional Media $ 19,834,916 Instructional Equipment $ 686,791 Maintenance and Operation $ 92,543,284 Sick and Personal Leave $ 5,509,694 Travel $ 1,007,283 Pupil Transportation - Regular $ 83,006,764 Isolated Schools $ 527,073 Mid-Term Adjustment $ -0- Non-APEG Grants: Education of Children of Low-Income Families $ 89,060,791 Teacher Retirement $ 101,717,505 Instructional Services for the Handicapped $ 21,441,620 Preparation of Professional Personnel in Education of Handicapped Children $ 65,000 Tuition for the Multihandicapped $ 1,172,000 Severely Emotionally Disturbed $ 15,114,738 Compensatory Education $ 15,850,399 School Lunch (Fed.) $ 101,184,050 School Lunch (State) $ 14,505,580 Supplementary Education Centers and Services $ 19,256 Staff Development $ 753,500 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 3,474,755 Cooperative Educational Service Areas $ 3,719,736 Superintendents Salaries $ 4,850,714 High School Program $ 26,029,314 Area School Program $ 55,963,896 Junior College Program $ 2,351,702 Quick Start $ 2,800,000 Career Education $ 163,381 Comprehensive Employment and Training $ 3,595,000 Vocational Research and Curriculum $ 374,707 Adult Education $ 3,614,899 Salaries and Travel of Public Librarians $ 4,243,255 Public Library Materials $ 3,515,912 Talking Book Centers $ 666,258 Public Library M O $ 2,671,286 Public Library Construction $ 400,000 Instructional Aides $ 8,907,836 Teacher Health Insurance $ 33,701,580 Capital Outlay $ 109,500 Grants to Local School Systems for Educational Purposes $ 75,000,000 Indo-Chinese Refugee $ -0- Salaries of Extended Pre-School Personnel $ 10,663,648 Area Vo-Tech School Construction $ -0- Nutrition Education $ 36,000 Chapter II - Block Grant Flow Through $ 8,877,696 Total Positions Budgeted 647 Authorized Motor Vehicles 6 B. Budget Unit: Institutions $ 14,692,108 1. Georgia Academy for the Blind Budget: Personal Services $ 2,436,237 Regular Operating Expenses $ 255,898 Travel $ 3,200 Motor Vehicle Equipment Purchases $ 22,857 Publications and Printing $ 2,845 Equipment Purchases $ 2,520 Telecommunications $ 16,700 Per Diem, Fees and Contracts $ 9,000 Utilities $ 163,165 Capital Outlay $ 14,775 Total Funds Budgeted $ 2,927,197 State Funds Budgeted $ 2,651,534 Total Positions Budgeted 149 2. Georgia School for the Deaf Budget: Personal Services $ 4,334,472 Regular Operating Expenses $ 537,319 Travel $ 5,300 Motor Vehicle Equipment Purchases $ 5,958 Publications and Printing $ -0- Equipment Purchases $ 17,349 Telecommunications $ 21,285 Per Diem, Fees and Contracts $ 12,650 Utilities $ 306,000 Capital Outlay $ 4,000 Total Funds Budgeted $ 5,244,333 State Funds Budgeted $ 4,868,390 Total Positions Budgeted 249 3. Atlanta Area School for the Deaf Budget: Personal Services $ 1,809,880 Regular Operating Expenses $ 181,825 Travel $ 5,843 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,081 Equipment Purchases $ 36,900 Telecommunications $ 22,626 Per Diem, Fees and Contracts $ 56,351 Utilities $ 110,000 Capital Outlay $ -0- Total Funds Budgeted $ 2,224,506 State Funds Budgeted $ 1,961,926 Total Positions Budgeted 93 4. North Georgia Vocational-Technical School Budget: Personal Services $ 2,390,072 Regular Operating Expenses $ 662,491 Travel $ 17,402 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 244,685 Telecommunications $ 15,265 Per Diem, Fees and Contracts $ -0- Utilities $ 274,480 Capital Outlay $ 103,214 Total Funds Budgeted $ 3,711,609 State Funds Budgeted $ 2,799,523 Total Positions Budgeted 104 5. South Georgia Vocational-Technical School Budget: Personal Services $ 1,911,919 Regular Operating Expenses $ 507,377 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 228,430 Telecommunications $ 17,290 Per Diem, Fees and Contracts $ 11,750 Utilities $ 260,000 Capital Outlay $ 55,000 Total Funds Budgeted $ 3,005,266 State Funds Budgeted $ 2,410,735 Total Positions Budgeted 90 Budget Unit Object Classes : Personal Services $ 12,882,580 Regular Operating Expenses $ 2,144,910 Travel $ 43,745 Motor Vehicle Equipment Purchases $ 28,815 Publications and Printing $ 9,426 Equipment Purchases $ 529,884 Telecommunications $ 93,166 Per Diem, Fees and Contracts $ 89,751 Utilities $ 1,113,645 Capital Outlay $ 176,989 Total Positions Budgeted 685 Authorized Motor Vehicles 80 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 bear 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. 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 permit extension of the half-day kindergarten program to a full-day program, local systems may elect to use mid-day transportation allotments to employ aides or certificated instructional personnel on a reimbursable basis to the extent that the $11,491 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. 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. 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 $753,500 for Staff Development, $30,000 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 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, $12,265,399 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 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 $ 566,512 Regular Operating Expenses $ 14,121 Travel $ 8,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,600 Equipment Purchases $ 4,500 Computer Charges $ 166,377 Real Estate Rentals $ 55,535 Telecommunications $ 11,633 Per Diem, Fees and Contracts $ 390,725 Postage $ 46,360 Employer Contribution $ -0- Total Funds Budgeted $ 1,281,763 State Funds Budgeted $ -0- Total Positions Budgeted 28 Budget Unit Object Classes : Personal Services $ 566,512 Regular Operating Expenses $ 14,121 Travel $ 8,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,600 Equipment Purchases $ 4,500 Computer Charges $ 166,377 Real Estate Rentals $ 55,535 Telecommunications $ 11,633 Per Diem, Fees and Contracts $ 390,725 Postage $ 46,360 Employer Contribution $ -0- Total Positions Budgeted 28 Authorized Motor Vehicles 1 Section 21. Forestry Commission . Budget Unit: Forestry Commission $ 20,823,075 1. Reforestation Budget: Personal Services $ 928,270 Regular Operating Expenses $ 774,345 Travel $ 5,047 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 $ 1,759,947 State Funds Budgeted $ 425,107 Total Positions Budgeted 34 2. Field Services Budget: Personal Services $ 15,330,801 Regular Operating Expenses $ 3,717,125 Travel $ 87,359 Motor Vehicle Equipment Purchases $ 618,275 Publications and Printing $ 23,300 Equipment Purchases $ 913,830 Computer Charges $ -0- Real Estate Rentals $ 10,130 Telecommunications $ 450,000 Per Diem, Fees and Contracts $ 26,121 Ware County Grant $ 60,000 Capital Outlay $ 46,468 Total Funds Budgeted $ 21,283,409 State Funds Budgeted $ 18,677,409 Total Positions Budgeted 794 3. General Administration and Support Budget: Personal Services $ 673,583 Regular Operating Expenses $ 98,170 Travel $ 15,589 Motor Vehicle Equipment Purchases $ 12,815 Publications and Printing $ 43,500 Equipment Purchases $ 2,550 Computer Charges $ 198,867 Real Estate Rentals $ -0- Telecommunications $ 18,200 Per Diem, Fees and Contracts $ 5,685 Contractual Research $ 252,000 Total Funds Budgeted $ 1,320,959 State Funds Budgeted $ 1,320,559 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 State Funds Budgeted $ 425,107 Total Positions Budgeted 34 2. Field Services Budget: Personal Services $ 15,330,801 Regular Operating Expenses $ 3,717,125 Travel $ 87,359 Motor Vehicle Equipment Purchases $ 618,275 Publications and Printing $ 23,300 Equipment Purchases $ 913,830 Computer Charges $ -0- Real Estate Rentals $ 10,130 Telecommunications $ 450,000 Per Diem, Fees and Contracts $ 26,121 Ware County Grant $ 60,000 Capital Outlay $ 46,468 Total Funds Budgeted $ 21,283,409 State Funds Budgeted $ 18,677,409 Total Positions Budgeted 794 3. General Administration and Support Budget: Personal Services $ 673,583 Regular Operating Expenses $ 98,170 Travel $ 15,589 Motor Vehicle Equipment Purchases $ 12,815 Publications and Printing $ 43,500 Equipment Purchases $ 2,550 Computer Charges $ 198,867 Real Estate Rentals $ -0- Telecommunications $ 18,200 Per Diem, Fees and Contracts $ 5,685 Contractual Research $ 252,000 Total Funds Budgeted $ 1,320,959 State Funds Budgeted $ 1,320,559 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 $ 16,932,654 Regular Operating Expenses $ 4,589,640 Travel $ 107,995 Motor Vehicle Equipment Purchases $ 643,665 Publications and Printing $ 69,125 Equipment Purchases $ 926,980 Computer Charges $ 198,867 Real Estate Rentals $ 10,130 Telecommunications $ 478,425 Per Diem, Fees and Contracts $ 48,366 Contractual Research $ 252,000 Ware County Grant $ 60,000 Wood Energy Program $ 400,000 Capital Outlay $ 46,468 Total Positions Budgeted 857 Authorized Motor Vehicles 751 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 $ 16,072,421 1. General Administration Budget: Personal Services $ 510,772 Regular Operating Expenses $ 76,919 Travel $ 6,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,400 Equipment Purchases $ 1,560 Computer Charges $ 6,921 Real Estate Rentals $ 31,000 Telecommunications $ 21,370 Per Diem, Fees and Contracts 2,900 Postage $ 5,500 Capital Outlay $ -0- Total Funds Budgeted $ 666,842 State Funds Budgeted $ 666,842 Total Positions Budgeted 21 2. Investigative Division Budget: Personal Services $ 7,081,638 Regular Operating Expenses $ 995,298 Travel $ 374,800 Motor Vehicle Equipment Purchases $ 514,153 Publications and Printing $ 12,100 Equipment Purchases $ 60,612 Computer Charges $ -0- Real Estate Rentals $ 119,455 Telecommunications $ 221,812 Per Diem, Fees and Contracts $ 3,000 Evidence Purchased $ 200,000 Postage $ 6,300 Capital Outlay $ -0- Total Funds Budgeted $ 9,589,168 Indirect DOAS Services Funding $ 12,505 State Funds Budgeted $ 9,576,663 Total Positions Budgeted 241 3. Forensic Sciences Division Budget: Personal Services $ 2,367,112 Regular Operating Expenses $ 396,240 Travel $ 23,200 Motor Vehicle Equipment Purchases $ 30,000 Publications and Printing $ 5,600 Equipment Purchases $ 76,400 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 $ 3,050,879 State Funds Budgeted $ 3,050,879 Total Positions Budgeted 89 4. Georgia Crime Information Center Budget: Personal Services $ 1,811,733 Regular Operating Expenses $ 100,000 Travel $ 8,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,000 Equipment Purchases $ 21,000 Computer Charges $ 1,718,399 Real Estate Rentals $ 3,600 Telecommunications $ 392,000 Per Diem, Fees and Contracts $ 40,000 Postage $ 20,000 Total Funds Budgeted $ 4,165,532 Indirect DOAS Services Funding $ 1,387,495 State Funds Budgeted $ 2,778,037 Total Positions Budgeted 97 Budget Unit Object Classes : Personal Services $ 11,771,255 Regular Operating Expenses $ 1,568,457 Travel 413,300 Motor Vehicle Equipment Purchases $ 544,153 Publications and Printing $ 71,100 Equipment Purchases $ 159,572 Computer Charges $ 1,768,361 Real Estate Rentals $ 166,741 Telecommunications $ 712,482 Per Diem, Fees and Contracts $ 46,200 Evidence Purchased $ 200,000 Postage $ 50,800 Capital Outlay $ -0- Total Positions Budgeted 448 Authorized Motor Vehicles 274 Provided, however, that the Department is authorized 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.

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Section 23. Georgia State Financing and Investment Commission . Budget Unit: Georgia State Financing and Investment Commission $ -0- Departmental Operations Budget: Personal Services $ 891,368 Regular Operating Expenses $ 32,500 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 9,983 Computer Charges $ 17,135 Real Estate Rentals $ 52,075 Telecommunications $ 12,100 Per Diem, Fees and Contracts $ 110,000 Total Funds Budgeted $ 1,135,161 Total Expenditures Authorized $ 1,135,161 State Funds Budgeted $ -0- Total Positions Budgeted 29 Budget Unit Object Classes : Personal Services $ 891,368 Regular Operating Expenses $ 32,500 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 9,983 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 $ 4,201,541 1. Governor's Office Budget: Cost of Operations $ 1,650,237 Transition Allowance $ 50,000 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 118,500 Total Funds Budgeted $ 3,858,737 State Funds Budgeted $ 3,858,737 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 $ 354,426 Regular Operating Expenses $ 8,499 Travel $ 10,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,075 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 20,132 Telecommunications $ 8,172 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 412,804 State Funds Budgeted $ 342,804 Total Positions Budgeted 15 Budget Unit Object Classes : Cost of Operations $ 1,650,237 Transition Allowance $ 50,000 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 118,500 Personal Services $ 354,426 Regular Operating Expenses $ 8,499 Travel $ 10,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,075 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 20,132 Telecommunications $ 8,172 Per Diem, Fees and Contracts $ 10,000 Total Positions Budgeted 15 Authorized Motor Vehicles 1 B. Budget Unit: Office of Planning and Budget $ 6,624,105 1. General Administration and Support Budget: Personal Services $ 480,382 Regular Operating Expenses $ 91,800 Travel $ 6,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 33,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 172,476 Telecommunications $ 10,000 Per Diem, Fees and Contracts $ 68,000 Total Funds Budgeted $ 862,458 State Funds Budgeted $ 849,121 Total Positions Budgeted 13 2. Council of the Arts Budget: Personal Services $ 155,443 Regular Operating Expenses $ 8,342 Travel $ 3,060 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 19,745 Telecommunications $ 5,825 Per Diem, Fees and Contracts $ 6,500 Art Grants - State Funds $ 1,342,806 Art Grants - Federal Funds $ 281,525 Art Grants - Donations $ 20,000 Total Funds Budgeted $ 1,847,746 State Funds Budgeted $ 1,546,221 Total Positions Budgeted 8 3. Educational Development Budget: Personal Services $ 295,320 Regular Operating Expenses $ 1,300 Travel $ 5,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 327 Computer Charges $ 4,000 Real Estate Rentals $ -0- Telecommunications $ 3,500 Per Diem, Fees and Contracts $ 8,000 Total Funds Budgeted $ 317,947 State Funds Budgeted $ 309,771 Total Positions Budgeted 8 4. Intergovernmental Relations Budget: Personal Services $ 206,243 Regular Operating Expenses $ 2,597 Travel $ 27,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 9,000 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 245,840 State Funds Budgeted $ 245,840 Total Positions Budgeted 6 5. Management Review Budget: Personal Services $ 596,855 Regular Operating Expenses $ 750 Travel $ 5,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,200 Equipment Purchases $ -0- Computer Charges $ 40,000 Real Estate Rentals $ -0- Telecommunications $ 8,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 652,305 State Funds Budgeted $ 635,749 Total Positions Budgeted 20 6. Human Development Budget: Personal Services $ 362,212 Regular Operating Expenses $ 1,300 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,400 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 371,912 State Funds Budgeted $ 361,845 Total Positions Budgeted 11 7. Office of Consumer Affairs: Personal Services $ 957,510 Regular Operating Expenses $ 32,500 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 1,600 Computer Charges $ 6,426 Real Estate Rentals $ 56,062 Telecommunications $ 88,000 Per Diem, Fees and Contracts $ 4,000 Total Funds Budgeted $ 1,163,098 State Funds Budgeted $ 821,198 Total Positions Budgeted 42 8. State Energy Office Budget: Personal Services $ 229,162 Regular Operating Expenses $ 18,500 Travel $ 27,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 64,500 Equipment Purchases $ -0- Computer Charges $ 4,000 Real Estate Rentals $ -0- Telecommunications $ 18,000 Per Diem, Fees and Contracts $ 3,627,068 Total Funds Budgeted $ 3,988,730 State Funds Budgeted $ 160,253 Total Positions Budgeted 9 9. Governor's Committee on Post-Secondary Education Budget: Personal Services $ 119,900 Regular Operating Expenses $ 10,675 Travel $ 2,150 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,700 Equipment Purchases $ -0- Computer Charges $ 5,200 Real Estate Rentals $ 6,854 Telecommunications $ 1,795 Per Diem, Fees and Contracts $ 4,050 Total Funds Budgeted $ 159,324 State Funds Budgeted $ 159,324 Total Positions Budgeted 4 10. Facilities Management Budget: Personal Services $ 107,053 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 $ 252,285 State Funds Budgeted $ 249,321 Total Positions Budgeted 3 11. Physical and Economic Development Budget: Personal Services $ 325,912 Regular Operating Expenses $ 2,500 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 130 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,000 Per Diem, Fees and Contracts $ 3,000 Total Funds Budgeted $ 347,542 State Funds Budgeted $ 347,542 Total Positions Budgeted 11 12. General Government and Protection of Persons and Property Budget: Personal Services $ 365,583 Regular Operating Expenses $ 1,850 Travel $ 5,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 378,233 State Funds Budgeted $ 378,233 Total Positions Budgeted 11 13. Consumer's Utility Counsel Budget: Personal Services $ 278,867 Regular Operating Expenses $ 11,000 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 15,397 Telecommunications $ 5,900 Per Diem, Fees and Contracts $ 30,000 Total Funds Budgeted $ 344,864 State Funds Budgeted $ 344,864 Total Positions Budgeted 10 14. Criminal Justice Coordinating Council Budget: Personal Services $ 167,104 Regular Operating Expenses $ 8,900 Travel $ 8,575 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 6,875 Telecommunications $ 4,050 Per Diem, Fees and Contracts $ 14,819 Total Funds Budgeted $ 214,823 State Funds Budgeted $ 214,823 Total Positions Budgeted 5 Budget Unit Object Classes : Personal Services $ 4,647,546 Regular Operating Expenses $ 192,314 Travel $ 123,485 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 125,100 Equipment Purchases $ 2,057 Computer Charges $ 158,958 Real Estate Rentals $ 277,409 Telecommunications $ 174,470 Per Diem, Fees and Contracts $ 3,801,437 Art Grants - State Funds $ 1,342,806 Art Grants - Federal Funds $ 281,525 Art Grants - Donations $ 20,000 Total Positions Budgeted 161 Authorized Motor Vehicles 0 Provided, however, that of the above appropriation relative to Art Grants - State Funds, not less than 95% of the State-Funded Art Grants 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 $ 6,800,000 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 $ 229,939,117 1. General Administration and Support Budget: Personal Services $ 14,778,693 Regular Operating Expenses $ 2,615,081 Travel $ 539,793 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 122,032 Equipment Purchases $ 92,466 Computer Charges $ 1,149,053 Real Estate Rentals $ 2,782,726 Telecommunications $ 540,440 Per Diem, Fees and Contracts $ 944,519 Utilities $ 153,200 Postage $ 536,700 Capital Outlay $ -0- Total Funds Budgeted $ 24,254,703 Indirect DOAS Services Funding $ 638,212 Indirect GBA Funding $ -0- Agency Funds $ 11,777,024 Social Services Block Grant Funds $ 1,159,395 State Funds Budgeted $ 10,680,072 Total Positions Budgeted 680 Authorized Motor Vehicles 7 General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office $ 523,208 $ 523,208 13 Child Care Licensing $ 1,280,889 $ 1,280,889 55 Laboratory Improvement $ 520,213 $ 428,713 19 Child Support Recovery $ 7,244,277 $ 626,259 306 Contract Management $ 184,682 $ 184,682 7 Public Affairs $ 357,088 $ 357,088 12 Office of Administrative Appeals $ 766,150 $ 766,150 27 Health Care Facilities Regulations $ 1,671,607 $ 577,607 60 Radiological Health $ 431,741 $ 431,741 16 Administrative Policy, Coordination and Direction $ 2,493,745 $ 2,493,745 4 Personnel $ 1,049,555 $ 986,555 45 Administrative Support Services $ 1,895,829 $ 1,667,474 52 Office of Review and Investigation $ 1,393,164 $ 325,234 44 Systems Planning, Development and Training $ 278,750 $ 278,750 9 Compliance Monitoring $ 221,764 $ 221,764 7 Electronic Data Processing, Planning and Coordination $ 385,116 $ 91,000 0 Facilities Management $ 2,983,490 $ 2,305,920 8 Regulatory Services - Program Direction and Support $ 267,831 $ 267,831 8 MH/MR Advisory Council $ 44,814 $ 44,814 1 Council on Family Planning $ 14,800 $ 1,500 0 Developmental Disabilities $ 291,016 $ -0- 9 Council on Maternal and Infant Health $ 97,410 $ 97,410 3 Community and Intergovernmental Affairs $ 266,396 $ 266,396 8 Indirect Cost $ -0- $ (2,904,203) 0 Undistributed $ (408,832) $ (640,455) (33) Total $ 24,254,703 $ 10,680,072 680 2. Financial Management Budget: Personal Services $ 5,448,562 Regular Operating Expenses $ 141,384 Travel $ 181,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,775 Equipment Purchases $ -0- Computer Charges $ 101,400 Real Estate Rentals $ 3,800 Telecommunications $ 1,000 Per Diem, Fees and Contracts $ 11,620 Utilities $ -0- Postage $ 100 Institutional Repairs and Maintenance $ 359,000 Total Funds Budgeted $ 6,272,391 Social Services Block Grant Funds $ 496,405 Agency Funds $ 1,874,870 State Funds Budgeted $ 3,901,116 Total Positions Budgeted 240 Authorized Motor Vehicles 0 Financial Management Functional Budgets Total Funds State Funds Pos. Budget Administration $ 1,622,575 $ 1,622,575 40 Accounting Services $ 3,250,081 $ 3,250,081 160 Auditing Services $ 1,806,169 $ 1,806,169 61 Indirect Cost $ -0- $ (2,371,275) 0 Undistributed $ (406,434) $ (406,434) (21) Total $ 6,272,391 $ 3,901,116 240 3. Special Programs: Personal Services $ 2,655,625 Regular Operating Expenses $ 13,778,315 Travel $ 125,227 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 86,696 Equipment Purchases $ 7,296 Computer Charges $ 266,082 Real Estate Rentals $ 57,600 Telecommunications $ 75,250 Per Diem, Fees and Contracts $ 34,007,605 Menninger Group Homes $ 275,000 Contract - Georgia Advocacy Office, Inc $ 204,250 Utilities $ -0- Postage $ 37,000 Benefits for Child Care $ 640,000 Total Funds Budgeted $ 52,215,946 Social Services Block Grant Funds $ 15,873,000 Indirect DOAS Services Funding $ 44,143 Agency Funds $ 30,422,652 State Funds Budgeted $ 5,876,151 Total Positions Budgeted 122 Authorized Motor Vehicles 111 Special Programs Functional Budgets Total Funds State Funds Pos. State Economic Opportunity Office $ 249,350 $ 123,675 8 Human Development, Director's Office $ 690,084 $ 690,084 24 Child Development Administration $ 997,993 $ 271,693 35 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 $ 158,281 $ 20,733 0 Child Development Contracts - Outreach $ 758,510 $ 109,558 0 Information and Referral $ 325,340 $ 325,340 0 Troubled Children Benefits $ 915,000 $ 915,000 0 Council on Aging $ 45,102 $ 45,102 1 Energy Assistance $ 17,320,000 $ -0- 6 Social Services Grant Administration $ 1,082,489 $ 423,446 36 Community Services $ 9,712,000 $ -0- 15 Undistributed $ (362,136) $ (256,513) (3) Total $ 52,215,946 $ 5,876,151 122 4. Public Health - Program Direction and Support Budget: Personal Services $ 2,431,493 Regular Operating Expenses $ 120,490 Travel $ 49,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,800 Equipment Purchases $ 454 Computer Charges $ 357,368 Real Estate Rentals $ -0- Telecommunications $ 193,200 Per Diem, Fees and Contracts $ 119,025 Utilities $ -0- Postage $ 1,450 Total Funds Budgeted $ 3,323,480 Indirect DOAS Services Funding $ 539,568 Agency Funds $ 135,000 State Funds Budgeted $ 2,648,912 Total Positions Budgeted $ 112 Authorized Motor Vehicles 0 Public Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 580,494 $ 401,494 8 Employee's Health $ 257,310 $ 222,310 9 Primary Health Care $ 215,263 $ 212,063 7 Health Program Management $ 631,544 $ 546,544 26 Vital Records $ 981,123 $ 966,123 53 Health Services Research $ 675,557 $ 318,189 14 Undistributed $ (17,811) $ (17,811) (5) Total $ 3,323,480 $ 2,648,912 112 5. Public Health - Family Health Budget: Personal Services $ 5,636,417 Regular Operating Expenses $ 1,966,634 Travel $ 221,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 125,199 Equipment Purchases $ 6,780 Computer Charges $ 122,703 Real Estate Rentals $ 3,500 Telecommunications $ 40,500 Per Diem, Fees and Contracts $ 6,441,182 Utilities $ -0- Postage $ 16,850 Regional Grants for Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 3,163,500 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 $ 24,928,695 Indirect DOAS Services Funding $ 11,350 Agency Funds $ 11,003,161 State Funds Budgeted $ 13,914,184 Total Positions Budgeted 215 Authorized Motor Vehicles 4 Public Health - Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management $ 6,215,161 $ 573,302 23 Cancer Control $ 2,621,844 $ 2,383,844 6 Crippled Children $ 4,616,492 $ 2,480,740 55 Immunization $ 270,153 $ -0- 10 Maternal Health $ 242,303 $ -0- 6 Sexually Transmitted Diseases $ 204,700 $ 204,700 6 Infant and Child Health $ 4,587,077 $ 4,473,146 15 Diabetes $ 225,113 $ 76,011 5 Chronic Disease $ 1,542,230 $ 1,542,230 22 Coordination, Education, Prevention $ 653,720 $ -0- 10 Malnutrition $ 591,500 $ -0- 18 Stroke and Heart Attack Prevention $ 156,663 $ 156,663 6 Family Planning $ 858,939 $ 55,133 14 Epidemiology $ 983,702 $ 825,517 10 Dental Health $ 136,969 $ 136,969 4 Community Tuberculosis Control $ 1,077,229 $ 1,069,029 24 Undistributed $ (55,100) $ (63,100) (19) Total $ 24,928,695 $ 13,914,184 215 6. Public Health - Community Health Budget: Personal Services $ 2,996,260 Regular Operating Expenses $ 454,300 Travel $ 40,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 43,400 Equipment Purchases $ 58,365 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 740,047 Utilities $ -0- Postage $ 13,300 Total Funds Budgeted $ 4,351,572 Indirect DOAS Services Funding $ 4,000 Agency Funds $ 786,772 State Funds Budgeted $ 3,560,800 Total Positions Budgeted 137 Authorized Motor Vehicles 1 Public Health - Community Health Functional Budgets Total Funds State Funds Pos . Occupational and Radiological Health $ 775,817 $ 233,045 6 Laboratory Services $ 3,245,724 $ 3,070,724 126 Emergency Health $ 617,900 $ 544,900 16 Undistributed $ (287,869) $ (287,869) (11) Total $ 4,351,572 $ 3,560,800 137 7. Public Health - Local Services Budget: Personal Services $ 12,914,421 Regular Operating Expenses $ 23,263,300 Travel $ 479,445 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,944 Equipment Purchases $ 14,529 Computer Charges $ 386,635 Real Estate Rentals $ 195,920 Telecommunications $ 154,040 Per Diem, Fees and Contracts $ 9,933,592 Utilities $ 7,050 Postage $ 32,150 Contract - Macon-Bibb County Hospital Authority $ 2,000,000 Grant to Counties for Metabolic Disorders Screening and Treatment $ 45,000 Family Planning Benefits $ 75,000 Midwifery Program Benefits $ 175,000 Crippled Children Benefits $ 1,364,000 Grants to Counties for Teenage Pregnancy Prevention $ 250,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,600,000 Grant-In-Aid to Counties $ 30,746,391 Total Funds Budgeted $ 85,667,417 Indirect DOAS Services Funding $ 129,350 Agency Funds $ 42,081,321 State Funds Budgeted $ 43,456,746 Total Positions Budgeted 540 Authorized Motor Vehicles 2 Public Health - Local Services Functional Budgets Total Funds State Funds Pos . Minimum Foundation $ 6,798,353 $ 6,537,579 201 Grant-In-Aid to Counties $ 30,279,920 $ 28,234,335 0 Stroke and Heart Attack Prevention $ 1,112,225 $ 579,625 20 Family Planning $ 5,874,494 $ 2,774,494 181 Sickle Cell, Vision and Hearing $ 388,174 $ 388,174 15 Sexually Transmitted Diseases $ 1,102,850 $ 85,000 29 High Risk Pregnant Women and Their Infants $ 4,111,679 $ 4,111,679 19 Newborn Follow-Up Care $ 298,919 $ 298,919 12 District Dental $ 1,129,230 $ 919,055 18 Teenage Pregnancy Prevention $ 250,000 $ 250,000 0 District Crippled Children $ 2,442,330 $ 1,554,540 36 Emergency Health $ 1,331,886 $ 459,386 10 Primary Health Care $ 5,547,982 $ 324,852 10 Malnutrition $ 27,241,886 $ -0- 10 Undistributed $ (2,242,511) $ (3,060,892) (21) Total $ 85,667,417 $ 43,456,746 540 8. Mental Health - Program Direction and Support Budget: Personal Services $ 3,399,602 Regular Operating Expenses $ 116,350 Travel $ 91,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 70,800 Equipment Purchases $ 805 Computer Charges $ 743,045 Real Estate Rentals $ -0- Telecommunications $ 219,000 Per Diem, Fees and Contracts $ 126,000 Utilities $ -0- Postage $ 600 Total Funds Budgeted $ 4,768,002 Social Services Block Grant Funds $ 15,000 Indirect DOAS Services Funding $ 1,000,197 Agency Funds $ 574,220 State Funds Budgeted $ 3,178,585 Total Positions Budgeted 112 Mental Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos . Administration $ 3,093,836 $ 2,109,439 63 Special Projects and Contracts $ 60,550 $ -0- 2 Program Coordination $ 2,364,745 $ 1,820,275 66 Undistributed $ (751,129) $ (751,129) (19) Total $ 4,768,002 $ 3,178,585 112 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 $ 15,232,840 Homemaker Meals $ 112,837 Chatham County Homemaker Project $ 514,795 Douglas County Homemaker Project $ 133,362 Fulton County Homemaker Project $ 344,832 Total Funds Budgeted $ 17,527,735 Agency Funds $ 5,831,264 Social Services Block Grant Funds $ 1,230,600 State Funds Budgeted $ 10,465,871 Total Positions Budgeted 0 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 $ 8,457,573 $ 6,971,573 0 Adoption Supplement $ 455,945 $ 455,945 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 $ 1,105,826 $ 318,426 0 Undistributed $ (458,931) $ (458,931) 0 Total $ 17,527,735 $ 10,465,871 0 10. Youth Services - Program Direction and Support: Personal Services $ 769,876 Regular Operating Expenses $ 18,000 Travel $ 16,400 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 $ 831,876 Indirect DOAS Services Funding $ -0- Agency Funds $ -0- State Funds Budgeted $ 831,876 Total Positions Budgeted 24 Authorized Motor Vehicles 0 11. Services to the Aged Budget: Personal Services $ 1,001,309 Regular Operating Expenses $ 27,800 Travel $ 37,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,000 Equipment Purchases $ 1,896 Computer Charges $ -0- Real Estate Rentals $ 3,100 Telecommunications $ 29,000 Per Diem, Fees and Contracts $ 20,883,101 Utilities $ 60 Postage $ 200 Total Funds Budgeted $ 21,997,466 Social Services Block Grant Funds $ 3,368,035 Agency Funds $ 16,904,795 State Funds Budgeted $ 1,724,636 Total Positions Budgeted 35 Authorized Motor Vehicles 224 Services to the Aged Functional Budgets Total Funds State Funds Pos . Title XX Adult Services $ 4,083,664 $ 539,062 0 Administration and Planning $ 2,525,774 $ 384,270 41 Title III Aging Services $ 15,488,333 $ 860,463 0 Undistributed $ (100,305) $ (59,159) (6) Total $ 21,997,466 $ 1,724,636 35 12. Rehabilitation Services - Program Direction and Support Budget: Personal Services $ 1,396,286 Regular Operating Expenses $ 91,694 Travel $ 39,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 28,080 Equipment Purchases $ -0- Computer Charges $ 543,379 Real Estate Rentals $ -0- Telecommunications $ 72,000 Per Diem, Fees and Contracts $ 257,641 Utilities $ -0- Postage $ 2,300 E.S.R.P. Case Services $ 75,000 Grants for Nephrology Centers $ 210,000 Total Funds Budgeted $ 2,715,880 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,690,590 State Funds Budgeted $ 1,025,290 Total Positions Budgeted 46 Rehabilitation Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 2,198,626 $ 821,836 49 Grants Management $ 684,535 $ 370,735 8 Undistributed $ (167,281) $ (167,281) (11) Total $ 2,715,880 $ 1,025,290 46 13. Rehabilitation Services - Facilities Budget: Personal Services $ 3,360,129 Regular Operating Expenses $ 449,536 Travel $ 14,200 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 245 Equipment Purchases $ 10,830 Computer Charges $ -0- Real Estate Rentals $ 154,859 Telecommunications $ 43,600 Per Diem, Fees and Contracts $ 101,900 Utilities $ 83,600 Postage $ 6,250 Capital Outlay $ -0- Case Services $ -0- Total Funds Budgeted $ 4,237,149 Indirect DOAS Services Funding $ -0- Agency Funds $ 3,722,192 State Funds Budgeted $ 514,957 Total Positions Budgeted 156 Authorized Motor Vehicles 19 Rehabilitation Services - Facilities Functional Budgets Total Funds State Funds Pos. Youth Development Center - V. R. Unit $ 367,108 $ 81,248 15 Atlanta Rehabilitation Center $ 1,937,749 $ 430,199 75 Alto Rehabilitation Center $ 322,756 $ 74,193 14 Cave Spring Rehabilitation Center $ 370,533 $ 83,991 18 Central Rehabilitation Center $ 665,094 $ 119,328 26 Georgia Vocational Adjustment Center - Gracewood $ 358,962 $ 83,362 19 J. F. Kennedy Center $ 505,749 $ 88,429 21 M. S. McDonald Evaluation Center $ 190,014 $ 35,023 7 Undistributed $ (480,816) $ (480,816) (39) Total $ 4,237,149 $ 514,957 156 14. Roosevelt Warm Springs Rehabilitation Institute: Personal Services $ 7,359,631 Regular Operating Expenses $ 1,711,280 Travel $ 47,680 Motor Vehicle Equipment Purchases $ 14,640 Publications and Printing $ 22,170 Equipment Purchases $ 55,290 Computer Charges $ 32,000 Real Estate Rentals $ -0- Telecommunications $ 149,000 Per Diem, Fees and Contracts $ 1,051,085 Utilities $ 445,600 Postage $ 12,980 Case Services $ 575,000 Capital Outlay $ -0- Operations $ -0- Total Funds Budgeted $ 11,476,356 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 9,104,800 State Funds Budgeted $ 2,321,556 Total Positions Budgeted 397 Authorized Motor Vehicles 24 Roosevelt Warm Springs Rehabilitation Institute - Functional Budgets Total Funds State Funds Pos. Administration $ 4,659,812 $ 1,742,312 126 Rehabilitation Services $ 6,090,226 $ 280,926 255 Instruction $ 449,960 $ 26,960 17 Independent Living $ 569,419 $ 569,419 22 Research/Training $ 194,791 $ 189,791 5 Undistributed $ (487,852) $ (487,852) (28) Total $ 11,476,356 $ 2,321,556 397 15. Georgia Factory for the Blind Budget: Personal Services $ 2,296,466 Regular Operating Expenses $ 4,808,545 Travel $ 17,300 Motor Vehicle Equipment Purchases $ 36,600 Publications and Printing $ 3,300 Equipment Purchases $ 95,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 23,700 Per Diem, Fees and Contracts $ 53,000 Utilities $ 93,500 Postage $ 4,500 Capital Outlay $ -0- Total Funds Budgeted $ 7,431,911 Agency Funds $ 7,038,714 State Funds Budgeted $ 393,197 Total Positions Budgeted 27 Authorized Motor Vehicles 14 Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 7,038,714 $ -0- 9 Supervision $ 393,197 $ 393,197 19 Undistributed $ -0- $ -0- (1) Total $ 7,431,911 $ 393,197 27 16. Rehabilitation Services Budget: Personal Services $ 14,554,854 Regular Operating Expenses $ 380,880 Travel $ 449,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,165 Equipment Purchases $ 13,543 Computer Charges $ 7,600 Real Estate Rentals $ 626,441 Telecommunications 377,100 Per Diem, Fees and Contracts $ 282,833 Utilities $ 69,000 Postage $ 83,480 Contract with Vocational Rehabilitation Community Facilities $ 3,645,000 Contract for Epilepsy $ 63,000 Case Services $ 8,925,000 Contract with the Affirmative Industries $ 105,000 Cerebral Palsy Contract $ 136,500 Total Funds Budgeted $ 29,732,496 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 19,583,419 State Funds Budgeted $ 10,099,077 Total Positions Budgeted 593 Authorized Motor Vehicles 5 Rehabilitation Services Functional Budgets Total Funds State Funds Pos. Field Services $ 25,151,718 $ 6,807,699 654 Comprehensive Services $ 222,222 $ 22,222 7 Business Enterprise Vending Stand Program $ 756,097 $ 164,697 17 Special Programs $ 3,949,500 $ 3,949,500 0 Undistributed $ (347,041) $ (845,041) (85) Total $ 29,732,496 $ 10,099,077 593 17. Rehabilitation Services - Disability Adjudication Budget: Personal Services $ 8,452,799 Regular Operating Expenses $ 319,656 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 $ 17,408,995 Agency Funds $ 17,408,995 State Funds Budgeted $ -0- Total Positions Budgeted 408 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 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 $ 56,492,868 Grants to Counties for Social Services $ 44,376,242 Total Funds Budgeted $ 100,869,110 Agency Funds $ 38,955,414 Social Services Block Grant Funds $ 15,409,789 State Funds Budgeted $ 46,503,907 Total Positions Budgeted 0 Local Services - Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services - Benefits Payments Grants $ 56,639,856 $ 28,217,428 0 Grants to Counties for Social Services $ 45,733,194 $ 20,144,433 0 Undistributed $ (1,503,940) $ (1,857,954) 0 Total $ 100,869,110 $ 46,503,907 0 20. Family and Children Services - Program Direction and Support Budget: Personal Services $ 8,375,518 Regular Operating Expenses $ 329,743 Travel $ 321,570 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 565,950 Equipment Purchases $ 1,623 Computer Charges $ 5,025,066 Real Estate Rentals $ 178,100 Telecommunications $ 1,032,400 Per Diem, Fees and Contracts $ 3,185,158 Utilities $ 9,200 Postage $ 226,600 Total Funds Budgeted $ 19,250,928 Agency Funds $ 10,262,397 Indirect DOAS Services Funding $ 540,180 Social Services Block Grant Funds $ 1,297,117 State Funds Budgeted $ 7,151,234 Total Positions Budgeted 315 Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 473,004 $ 473,004 8 Research and Demonstration $ 42,614 $ 42,614 3 Program Planning and Development $ 868,288 $ 868,288 17 Program Management and Training $ 1,701,602 $ 1,437,900 61 Administration and Management $ 11,744,111 $ 4,324,672 88 Management Information Systems $ 1,268,307 1,268,307 50 District Program Operations $ 2,823,157 $ 2,823,157 98 District Administration $ 821,459 $ 821,459 18 Indirect Cost $ -0- $ (4,752,756) 0 Undistributed $ (491,614) $ (155,411) (28) Total $ 19,250,928 $ 7,151,234 315 Budget Unit Object Classes : Personal Services $ 97,827,941 Regular Operating Expenses $ 53,752,456 Travel $ 2,694,265 Motor Vehicle Equipment Purchases $ 63,240 Publications and Printing $ 1,256,156 Equipment Purchases $ 376,337 Computer Charges $ 8,734,331 Real Estate Rentals $ 4,519,731 Telecommunications $ 3,420,830 Per Diem, Fees and Contracts $ 79,013,103 Utilities $ 861,210 Postage $ 1,129,460 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 Grant-In-Aid to Counties $ 30,746,391 Work Incentive Benefits $ 575,669 Grants to Fulton County for 24-hour Emergency Social Services $ 173,400 Benefits for Child Care $ 15,872,840 Homemaker Meals $ 112,837 Chatham County Homemaker Project $ 514,795 Douglas County Homemaker Project $ 133,362 Fulton County Homemaker Project $ 344,832 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 $ 56,492,868 Grants to Counties for Social Services $ 44,376,242 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 $ 359,000 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 $ 204,250 Grant for Teenage Pregnancy Prevention Program $ 250,000 Contract - Cancer Research at Emory $ 111,000 Contract - Macon-Bibb County Hospital Authority $ 2,000,000 Cerebral Palsy Contract $ 136,500 Grants to Counties for Metabolic Disorders Screening and Testing $ 45,000 Total Positions Budgeted 4,159 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. 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. 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 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. Provided that of the above appropriation relating to the Public Health - Family Health Activity, $50,000 is designated and committed 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 for 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 $ 444,195 State Health Planning and Development Budget: Personal Services $ 562,886 Regular Operating Expenses $ 51,000 Travel $ 4,181 Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ 15,000 Real Estate Rentals $ 80,200 Telecommunications $ 24,800 Per Diem, Fees and Contracts $ 69,939 Postage $ 6,600 Total Funds Budgeted $ 816,606 Indirect DOAS Services Funding $ -0- Agency Funds $ 372,411 State Funds Budgeted $ 444,195 Total Positions Budgeted 21 Authorized Motor Vehicles 0 Budget Unit Object Classes : Personal Services $ 562,886 Regular Operating Expenses $ 51,000 Travel $ 4,181 Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ 15,000 Real Estate Rentals $ 80,200 Telecommunications $ 24,800 Per Diem, Fees and Contracts $ 69,939 Postage $ 6,600 Total Positions Budgeted 21 Authorized Motor Vehicles 0 C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 261,764,125 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 8,694,011 Regular Operating Expenses $ 1,025,791 Travel $ 4,972 Motor Vehicle Equipment Purchases $ 11,500 Publications and Printing $ 4,000 Equipment Purchases $ 50,016 Computer Charges $ 93,000 Real Estate Rentals $ -0- Telecommunications $ 95,000 Per Diem, Fees and contracts $ 240,000 Utilities $ 300,000 Postage $ 9,150 Authority Lease Rentals $ 387,000 Capital Outlay $ 211,816 Total Funds Budgeted $ 11,126,256 Agency Funds $ 1,293,858 Indirect DOAS Services Funding $ 65,900 State Funds Budgeted $ 9,766,498 Total Positions Budgeted 497 Authorized Motor Vehicles 25 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 10,907,533 Regular Operating Expenses $ 1,407,058 Travel $ 6,960 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,100 Equipment Purchases $ 46,740 Computer Charges $ 133,000 Real Estate Rentals $ -0- Telecommunications $ 121,000 Per Diem, Fees and Contracts $ 302,130 Utilities $ 444,000 Postage $ 11,000 Capital Outlay $ 228,844 Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 14,130,365 Agency Funds $ 1,993,476 Indirect DOAS Services Funding $ 102,100 State Funds Budgeted $ 12,034,789 Total Positions Budgeted 621 Authorized Motor Vehicles 25 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 8,786,324 Regular Operating Expenses $ 803,354 Travel $ 5,810 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,900 Equipment Purchases $ 33,529 Computer Charges $ 133,000 Real Estate Rentals $ -0- Telecommunications $ 106,250 Per Diem, Fees and Contracts $ 144,595 Utilities $ 377,000 Postage $ 6,900 Authority Lease Rentals $ 500,000 Capital Outlay $ -0- Total Funds Budgeted $ 10,898,662 Agency Funds $ 1,054,400 Indirect DOAS Services Funding $ 93,300 State Funds Budgeted $ 9,750,962 Total Positions Budgeted 500 Authorized Motor Vehicles 22 4. West Central Georgia Regional Hospital Budget: Personal Services $ 7,339,894 Regular Operating Expenses $ 847,500 Travel $ 5,280 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,620 Equipment Purchases $ 13,111 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 $ 9,515,607 Agency Funds $ 1,376,800 Indirect DOAS Services Funding $ 82,300 State Funds Budgeted $ 8,056,507 Total Positions Budgeted 414 Authorized Motor Vehicles 25 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 11,065,338 Regular Operating Expenses $ 1,189,133 Travel $ 4,952 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 44,900 Computer Charges $ 140,080 Real Estate Rentals $ -0- Telecommunications $ 96,000 Per Diem, Fees and Contracts $ 36,600 Utilities $ 1,073,210 Postage $ 9,125 Capital Outlay $ 355,238 Authority Lease Rentals $ 883,500 Total Funds Budgeted $ 14,899,076 Agency Funds $ 3,322,215 Indirect DOAS Services Funding $ 93,300 State Funds Budgeted $ 11,483,561 Total Positions Budgeted 676 Authorized Motor Vehicles 45 6. Gracewood State School and Hospital Budget: Personal Services $ 26,803,826 Regular Operating Expenses $ 2,585,007 Travel $ 4,690 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,587 Equipment Purchases $ 110,556 Computer Charges $ 93,000 Real Estate Rentals $ -0- Telecommunications $ 265,000 Per Diem, Fees and Contracts $ 119,000 Utilities $ 1,475,000 Postage $ 10,875 Capital Outlay $ 756,715 Total Funds Budgeted $ 32,230,256 Agency Funds $ 11,844,042 Indirect DOAS Services Funding $ 160,400 State Funds Budgeted $ 20,225,814 Total Positions Budgeted 1,669 Authorized Motor Vehicles 111 7. Southwestern State Hospital Budget: Personal Services $ 18,214,452 Regular Operating Expenses $ 1,849,395 Travel $ 7,240 Motor Vehicle Equipment Purchases $ 13,409 Publications and Printing $ 4,500 Equipment Purchases $ 71,978 Computer Charges $ 150,000 Real Estate Rentals $ -0- Telecommunications $ 143,000 Per Diem, Fees and Contracts $ 234,000 Utilities $ 737,000 Postage $ 15,500 Capital Outlay $ 16,799 Total Funds Budgeted $ 21,457,273 Agency Funds $ 6,714,502 Indirect DOAS Services Funding $ 98,800 State Funds Budgeted $ 14,643,971 Total Positions Budgeted 1,142 Authorized Motor Vehicles 53 8. Georgia Retardation Center Budget: Personal Services $ 15,245,612 Regular Operating Expenses $ 2,439,798 Travel $ 5,120 Motor Vehicle Equipment Purchases $ 15,416 Publications and Printing $ 6,750 Equipment Purchases $ 105,933 Computer Charges $ 154,300 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 $ 50,000 Total Funds Budgeted $ 20,195,179 Agency Funds $ 7,814,530 Indirect DOAS Services Funding $ 109,800 State Funds Budgeted $ 12,270,849 Total Positions Budgeted 916 Authorized Motor Vehicles 39 9. Georgia Mental Health Institute Budget: Personal Services $ 9,150,031 Regular Operating Expenses $ 1,065,847 Travel $ 5,560 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,600 Equipment Purchases $ 51,193 Computer Charges $ 152,000 Real Estate Rentals $ -0- Telecommunications $ 172,000 Per Diem, Fees and Contracts $ 650,915 Utilities $ 1,251,000 Postage $ 8,300 Authority Lease Rentals $ -0- Capital Outlay $ 52,470 Total Funds Budgeted $ 12,563,916 Agency Funds $ 1,439,775 Indirect DOAS Services Funding $ 202,100 State Funds Budgeted $ 10,922,041 Total Positions Budgeted 503 Authorized Motor Vehicles 20 10. Central State Hospital Budget Personal Services $ 68,985,530 Regular Operating Expenses $ 9,036,690 Travel $ 8,961 Motor Vehicle Equipment Purchases $ 23,140 Publications and Printing $ 11,965 Equipment Purchases $ 118,385 Computer Charges $ 635,716 Real Estate Rentals $ -0- Telecommunications $ 461,900 Per Diem, Fees and Contracts $ 211,375 Utilities $ 4,133,416 Postage $ 40,000 Authority Lease Rentals $ 787,875 Capital Outlay $ 792,198 Total Funds Budgeted $ 85,247,151 Agency Funds $ 21,868,157 Indirect DOAS Services Funding $ 617,000 State Funds Budgeted $ 62,761,994 Total Positions Budgeted 4,068 Authorized Motor Vehicles 215 11. State Youth Development Centers Budget: Personal Services $ 12,229,574 Regular Operating Expenses $ 1,433,500 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 70,000 Publications and Printing $ 3,200 Equipment Purchases $ 146,623 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 100,000 Per Diem, Fees and Contracts $ 128,708 Utilities $ 750,000 Postage $ 19,500 Capital Outlay $ 320,089 Total Funds Budgeted $ 15,208,194 Agency Funds $ 310,160 State Funds Budgeted $ 14,898,034 Total Positions Budgeted 712 Authorized Motor Vehicles 103 12. Regional Youth Development Centers Budget: Personal Services $ 6,630,572 Regular Operating Expenses $ 848,150 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 30,085 Publications and Printing $ 3,000 Equipment Purchases $ 42,948 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 57,500 Per Diem, Fees and Contracts $ 68,550 Utilities $ 500,000 Postage $ 9,700 Capital Outlay $ 20,264 Reserve for Athens RYDC $ -0- Grants to County-Owned Detention Centers $ 2,218,125 Total Funds Budgeted $ 10,439,894 Agency Funds $ 253,000 State Funds Budgeted $ 10,186,894 Total Positions Budgeted 414 Authorized Motor Vehicles 41 13. Community Mental Health/Mental Retardation Services Budget: Personal Services $ 8,341,557 Regular Operating Expenses $ 442,379 Travel $ 27,352 Motor Vehicle Equipment Purchases $ 20,409 Publications and Printing $ 4,000 Equipment Purchases $ 20,500 Computer Charges $ -0- Real Estate Rentals $ 71,300 Telecommunications $ 27,100 Per Diem, Fees and Contracts $ 181,150 Utilities $ 15,300 Postage $ 1,775 Capital Outlay $ -0- Drug Abuse Contracts $ 864,970 Day Care Centers for the Mentally Retarded $ 46,981,263 MR Day Care Center Motor Vehicle Purchases $ 549,000 Supportive Living Staff $ 1,410,454 Supportive Living Benefits $ 3,954,189 Georgia State Foster Grandparent/Senior Companion Program $ 514,000 Community Mental Health Center Services $ 57,987,328 Project Rescue $ 263,807 Project ARC $ 163,332 Project Friendship $ 229,819 Group Homes for Autistic Children $ 268,365 Uniform Alcoholism Projects $ 2,397,311 Community Mental Retardation Staff $ 2,792,905 Community Mental Retardation Residential Services $ 8,203,953 Grant for DeKalb County Mental Retardation Project $ 51,000 Grant for Chatham County Mental Retardation Project $ 49,000 Total Funds Budgeted $ 135,833,518 Social Services Block Grant Funds $ 33,285,893 Agency Funds $ 47,978,476 State Funds Budgeted $ 54,569,149 Total Positions Budgeted 371 Authorized Motor Vehicles 803 Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 5,507,730 $ 5,450,830 218 Outdoor Therapeutic Program $ 732,649 $ 732,649 35 Mental Retardation Community Assistance $ 1,515,141 $ 1,515,141 64 Central Pharmacy $ 107,844 $ 107,844 3 Metro Drug Abuse Centers $ 1,123,628 $ 490,538 45 Day Care Centers for the Mentally Retarded $ 47,530,263 $ 10,997,370 0 Supportive Living $ 5,364,643 $ 3,134,643 0 Georgia State Foster Grandparent/Senior Companion Program $ 514,000 $ 514,000 0 Community Mental Retardation Staff $ 2,792,905 $ 2,071,189 0 Community Mental Retardation Residential Services $ 8,203,953 $ 6,229,232 0 Group Homes for Autistic Children $ 268,365 $ 268,365 0 Project Rescue $ 263,807 $ 100,807 0 Drug Abuse Contracts $ 864,970 $ 19,332 0 Project ARC $ 163,332 $ 163,332 0 Project Friendship $ 229,819 $ 229,819 0 Community Mental Health Center Services $ 57,987,328 $ 20,368,447 0 Uniform Alcoholism Projects $ 2,397,311 $ 2,175,611 0 Central Laboratory $ 165,830 $ -0- 6 Grant for DeKalb County Mental Retardation Project $ 51,000 $ -0- 0 Grant for Chatham County Mental Retardation Project $ 49,000 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 135,833,518 $ 54,569,149 371 14. Community Youth Services Budget: Personal Services $ 8,284,384 Regular Operating Expenses $ 986,644 Travel $ 342,480 Motor Vehicle Equipment Purchases $ 24,750 Publications and Printing $ 3,750 Equipment Purchases $ 6,604 Computer Charges $ -0- Real Estate Rentals $ 269,900 Telecommunications $ 208,500 Per Diem, Fees and Contracts $ -0- Utilities $ 30,200 Postage $ 20,850 Child Care Benefits $ 15,000 Total Funds Budgeted $ 10,193,062 State Funds Budgeted $ 10,193,062 Total Positions Budgeted 412 Authorized Motor Vehicles 19 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 418,550 $ 418,550 19 Community Detention $ 971,694 $ 971,694 17 Day Centers $ 546,140 $ 546,140 24 Community Treatment Centers $ 1,762,234 $ 1,762,234 77 Court Services $ 5,893,994 $ 5,893,994 257 Runaway Investigations $ 357,250 $ 357,250 15 Interstate Compact $ 70,700 $ 70,700 3 Purchased Services $ 172,500 $ 172,500 0 Undistributed $ -0- $ -0- 0 Total $ 10,193,062 $ 10,193,062 412 15. Regular Operating Expense Reserve Budget: Regular Operating Expense $ -0- Total Funds $ -0- State Funds $ -0- Budget Unit Object Classes : Personal Services $ 220,678,638 Regular Operating Expenses $ 25,960,246 Travel $ 447,377 Motor Vehicle Equipment Purchases $ 208,709 Publications and Printing $ 69,972 Equipment Purchases $ 863,016 Computer Charges $ 1,782,298 Real Estate Rentals $ 341,200 Telecommunications $ 2,112,450 Per Diem, Fees and Contracts $ 2,497,893 Utilities $ 12,513,626 Postage $ 187,855 Capital Outlay $ 2,829,433 Authority Lease Rentals $ 4,531,875 Grants to County-Owned Detention Centers $ 2,218,125 Reserve for Athens RYDC $ -0- Drug Abuse Contracts $ 864,970 Day Care Centers for the Mentally Retarded $ 46,981,263 MR Day Care Center Motor Vehicle Purchases $ 549,000 Supportive Living Staff $ 1,410,454 Supportive Living Benefits $ 3,954,189 Georgia State Foster Grandparent/Senior Companion Program $ 514,000 Community Mental Health Center Services $ 57,987,328 Project Rescue $ 263,807 Project ARC $ 163,332 Project Friendship $ 229,819 Group Homes for Autistic Children $ 268,365 Uniform Alcoholism Projects $ 2,397,311 Child Care Benefits $ 15,000 Community Mental Retardation Staff $ 2,792,905 Community Mental Retardation Residential Services $ 8,203,953 Grant for DeKalb County Mental Retardation Project $ 51,000 Grant for Chatham County Mental Retardation Project $ 49,000 Total Positions Budgeted 12,915 Authorized Motor Vehicles 1,546 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. 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 $ 8,551,453 1. Industry Budget: Personal Services $ 510,271 Regular Operating Expenses $ 10,305 Travel $ 37,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,400 Equipment Purchases $ 547 Computer Charges $ 12,500 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 576,523 State Funds Budgeted $ 576,523 Total Positions Budgeted 16 2. Research Budget: Personal Services $ 332,534 Regular Operating Expenses $ 4,840 Travel $ 1,842 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,600 Equipment Purchases $ 2,700 Computer Charges $ 3,066 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 7,923 Total Funds Budgeted $ 354,505 State Funds Budgeted $ 354,505 Total Positions Budgeted 14 3. Tourism - Promotional Budget: Personal Services $ 635,960 Regular Operating Expenses $ 69,475 Travel $ 65,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 189,500 Equipment Purchases $ 5,355 Computer Charges $ 22,400 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 60,480 Historic Chattahoochee Commission Contract $ 40,000 Total Funds Budgeted $ 1,088,170 State Funds Budgeted $ 1,088,170 Total Positions Budgeted 26 4. Tourist - Welcome Centers Budget: Personal Services $ 1,418,814 Regular Operating Expenses $ 328,755 Travel $ 31,261 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 14,605 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,924 Per Diem, Fees and Contracts $ 4,450 Capital Outlay - Energy Conservation $ 5,885 Local Welcome Centers $ 95,000 Total Funds Budgeted $ 1,924,694 State Funds Budgeted $ 1,834,694 Total Positions Budgeted 94 5. Internal Administration Budget: Personal Services $ 622,538 Regular Operating Expenses $ 206,602 Travel $ 13,000 Motor Vehicle Equipment Purchases $ 47,050 Publications and Printing $ 35,000 Equipment Purchases $ 808 Computer Charges $ 860 Real Estate Rentals $ 207,529 Telecommunications $ 115,600 Per Diem, Fees and Contracts $ 17,000 Postage $ 140,000 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 $ 103,000 International Council of Georgia, Inc. $ 14,950 Georgia Semiquincentenary Commission $ 80,000 Total Funds Budgeted $ 5,268,937 State Funds Budgeted $ 3,156,803 Total Positions Budgeted 23 6. International Budget: Personal Services $ 503,642 Regular Operating Expenses $ 44,430 Travel $ 72,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 3,010 Computer Charges $ 20,000 Real Estate Rentals $ 45,000 Telecommunications $ 24,926 Per Diem, Fees and Contracts $ 74,250 Total Funds Budgeted $ 797,758 State Funds Budgeted $ 797,758 Total Positions Budgeted 15 7. Advertising Budget: Advertising $ 743,000 Total Funds Budgeted $ 743,000 State Funds Budgeted $ 743,000 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 4,023,759 Regular Operating Expenses $ 664,407 Travel $ 221,103 Motor Vehicle Equipment Purchases $ 47,050 Publications and Printing $ 253,500 Equipment Purchases $ 27,025 Computer Charges $ 58,826 Real Estate Rentals $ 252,529 Telecommunications $ 154,450 Per Diem, Fees and Contracts $ 164,103 Postage $ 140,000 Capital Outlay - Energy Conservation $ 5,885 Local Welcome Center Contracts $ 95,000 Advertising $ 743,000 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 $ 103,000 International Council of Georgia, Inc. $ 14,950 Georgia Semiquincentenary Commission $ 80,000 Total Positions Budgeted 188 Authorized Motor Vehicles 21 B. Budget Unit: Authorities $ -0- 1. Georgia World Congress Budget: Personal Services $ 2,908,739 Regular Operating Expenses $ 1,131,376 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 $ 60,840 Per Diem, Fees and Contracts $ 131,880 Atlanta Convention and Visitors Bureau $ 765,972 Total Funds Budgeted $ 5,084,407 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 Previous Capital Improvement Funding $ 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 $ 26,861,795 Regular Operating Expenses $ 9,001,604 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 $ 363,800 Per Diem, Fees and Contracts $ 1,343,462 Repayments for Previous Capital Improvement Funding $ 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 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 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 $ 738,242 Inspection Division Budget: Personal Services $ 648,000 Regular Operating Expenses $ 10,200 Travel $ 60,751 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 7,591 Telecommunications $ 6,500 Per Diem, Fees and Contracts $ 200 Total Funds Budgeted $ 738,242 State Funds Budgeted $ 738,242 Total Positions Budgeted 28 Budget Unit Object Classes : Personal Services $ 648,000 Regular Operating Expenses $ 10,200 Travel $ 60,751 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 7,591 Telecommunications $ 6,500 Per Diem, Fees and Contracts $ 200 Total Positions Budgeted 28 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training $ 3,098,353 1. Basic Employment Security and W.I.N. Budget: Personal Services $ 36,084,909 Regular Operating Expenses $ 2,396,700 Travel $ 1,045,437 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,600 Equipment Purchases $ 1,005,000 Computer Charges $ 1,038,000 Real Estate Rentals $ 1,092,096 Telecommunications $ 948,000 Per Diem, Fees and Contracts $ 1,150,000 W.I.N. Grants $ 600,000 Capital Outlay $ -0- Total Funds Budgeted $ 45,370,742 State Funds Budgeted $ 1,274,308 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 $ 1,650,000 Regular Operating Expenses $ 41,700 Travel $ 20,245 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 250 Equipment Purchases $ 250 Computer Charges $ 3,600 Real Estate Rentals $ 59,000 Telecommunications $ 39,000 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 1,824,045 State Funds Budgeted $ 1,824,045 Total Positions Budgeted 74 Budget Unit Object Classes : Personal Services $ 45,977,409 Regular Operating Expenses $ 3,277,600 Travel $ 1,186,682 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,850 Equipment Purchases $ 1,092,250 Computer Charges $ 1,145,600 Real Estate Rentals $ 1,357,096 Telecommunications $ 1,100,000 Per Diem, Fees and Contracts (CETA) $ 381,000 Per Diem, Fees and Contracts $ 1,160,000 W.I.N. Grants $ 600,000 CETA Direct Benefits $ 34,500,000 Capital Outlay $ -0- Total Positions Budgeted $ 2,097 Authorized Motor Vehicles 6 Section 29. Department of Law . Budget Unit: Department of Law $ 4,190,247 Attorney General's Office Budget: Personal Services $ 3,744,664 Regular Operating Expenses $ 169,350 Travel $ 95,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,710 Equipment Purchases $ 3,800 Computer Charges $ 9,252 Books for State Library $ 53,000 Real Estate Rentals $ 293,480 Telecommunications $ 87,891 Per Diem, Fees and Contracts $ 31,800 Capital Outlay $ -0- Total Funds Budgeted $ 4,515,947 State Funds Budgeted $ 4,190,247 Total Positions Budgeted 116 Budget Unit Object Classes : Personal Services $ 3,744,664 Regular Operating Expenses $ 169,350 Travel $ 95,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,710 Equipment Purchases $ 3,800 Computer Charges $ 9,252 Real Estate Rentals $ 293,480 Telecommunications $ 87,891 Per Diem, Fees and Contracts $ 31,800 Books for State Library $ 53,000 Capital Outlay $ -0- Total Positions Budgeted 116 Authorized Motor Vehicles 1 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 $ 195,650,757 1. Commissioner's Office Budget: Personal Services $ 1,665,163 Regular Operating Expenses $ 37,593 Travel $ 48,095 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,358 Equipment Purchases $ 3,602 Computer Charges $ -0- Real Estate Rentals $ 59,000 Telecommunications $ 50,320 Per Diem, Fees and Contracts $ 21,240 Postage $ 950 Audits Contracts $ -0- Total Funds Budgeted $ 1,896,321 State Funds Budgeted $ 897,855 Total Positions Budgeted 71 2. Administration Budget: Personal Services $ 1,018,046 Regular Operating Expenses $ 62,415 Travel $ 5,640 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,500 Equipment Purchases $ 1,070 Computer Charges $ 55,000 Real Estate Rentals $ 67,500 Telecommunications $ 25,960 Per Diem, Fees and Contracts $ 97,080 Postage $ 164,564 Audits Contracts $ 235,382 Total Funds Budgeted $ 1,750,157 State Funds Budgeted $ 633,838 Total Positions Budgeted 41 3. Program Management Budget: Personal Services $ 1,917,643 Regular Operating Expenses $ 63,011 Travel $ 37,181 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 34,760 Equipment Purchases $ 1,811 Computer Charges $ -0- Real Estate Rentals $ 69,600 Telecommunications $ 72,620 Per Diem, Fees and Contracts $ 8,620,478 Postage $ -0- Total Funds Budgeted $ 10,817,104 State Funds Budgeted $ 1,356,581 Total Positions Budgeted 93 4. Operations Budget: Personal Services $ 1,982,708 Regular Operating Expenses $ 183,298 Travel $ 745 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 107,000 Equipment Purchases $ -0- Computer Charges $ 7,272,035 Real Estate Rentals $ 95,600 Telecommunications $ 89,700 Per Diem, Fees and Contracts $ 76,000 Postage $ 635,659 Total Funds Budgeted $ 10,442,745 Indirect DOAS Services Funding $ 1,400,000 Agency Funds $ 7,724,715 State Funds Budgeted $ 1,318,030 Total Positions Budgeted 109 5. Benefits Payments Budget: Medicaid Benefits $ 599,853,503 Payments to Counties for Mental Health $ 8,898,900 Total Funds Budgeted $ 608,752,403 State Funds Budgeted $ 191,444,453 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 6,583,560 Regular Operating Expenses $ 346,317 Travel $ 91,661 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 169,618 Equipment Purchases $ 6,483 Computer Charges $ 7,327,035 Real Estate Rentals $ 291,700 Telecommunications $ 238,600 Per Diem, Fees and Contracts $ 8,814,798 Postage $ 801,173 Medicaid Benefits $ 599,853,503 Payments to Counties for Mental Health $ 8,898,900 Audits Contracts $ 235,382 Total Positions Budgeted 314 Authorized Motor Vehicles 3 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 $ 4,565,103 1. Applicant Services Budget: Personal Services $ 875,202 Regular Operating Expenses $ 16,490 Travel $ 3,670 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 55,000 Equipment Purchases $ 5,650 Computer Charges $ 371,153 Real Estate Rentals $ -0- Telecommunications $ 20,260 Per Diem, Fees and Contracts $ 2,800 Postage $ 75,480 Total Funds Budgeted $ 1,425,705 Agency Assessments $ 1,425,705 Total Positions Budgeted 39 2. Classification and Compensation Budget: Personal Services $ 481,002 Regular Operating Expenses $ 6,160 Travel $ 2,465 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,840 Equipment Purchases $ -0- Computer Charges $ 142,387 Real Estate Rentals $ -0- Telecommunications $ 6,530 Per Diem, Fees and Contracts $ 1,000 Postage $ 2,555 Total Funds Budgeted $ 649,939 Agency Assessments $ 649,939 Total Positions Budgeted 19 3. Program Evaluation and Audit Budget: Personal Services $ 304,277 Regular Operating Expenses $ 8,470 Travel $ 1,025 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 800 Equipment Purchases $ 225 Computer Charges $ 185,104 Real Estate Rentals $ -0- Telecommunications $ 5,195 Per Diem, Fees and Contracts $ -0- Postage $ 1,100 Total Funds Budgeted $ 506,196 Agency Assessments $ 506,196 Total Positions Budgeted 13 4. Employee Training and Development Budget: Personal Services $ 555,339 Regular Operating Expenses $ 29,000 Travel $ 18,765 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ 2,150 Computer Charges $ 14,237 Real Estate Rentals $ -0- Telecommunications $ 10,720 Per Diem, Fees and Contracts $ 127,500 Postage $ 3,600 Total Funds Budgeted $ 781,311 Agency Assessments $ 781,311 Total Positions Budgeted 23 5. Health Insurance Administration Budget: Personal Services $ 463,550 Regular Operating Expenses $ 11,220 Travel $ 3,595 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,900 Equipment Purchases $ 225 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 $ 4,235,945 Other Health Insurance Agency Funds $ -0- Employer and Employee Contributions $ 4,235,945 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 $ 711,679 Regular Operating Expenses $ 16,510 Travel $ 5,475 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 15 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 $ 823,444 Agency Assessments $ 641,838 Employer and Employee Contributions $ 152,073 Deferred Compensation $ 29,533 Total Positions Budgeted 33 8. Commissioner's Office Budget: Personal Services $ 294,499 Regular Operating Expenses $ 13,825 Travel $ 9,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,630 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 $ 560,114 Agency Assessments $ 560,114 Total Positions Budgeted 8 Budget Unit Object Classes : Personal Services $ 3,685,548 Regular Operating Expenses $ 101,675 Travel $ 44,195 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 106,170 Equipment Purchases $ 8,265 Computer Charges $ 1,011,156 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 159 Authorized Motor Vehicles 0 Provided, that it is the intent of this General Assembly that the employer contribution paid by the State for Teachers Health Insurance shall be for State allotted teachers, and the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort. Section 32. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 45,121,919 1. Internal Administration Budget: Personal Services $ 2,055,248 Regular Operating Expenses $ 182,504 Travel $ 18,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 180,290 Equipment Purchases $ 900 Computer Charges $ 171,325 Real Estate Rentals $ 150,442 Telecommunications $ 70,714 Per Diem, Fees and Contracts $ 65,500 Postage $ 87,800 Payments to Ga. Hazardous Waste Management Authority $ 76,000 Payments to Lake Lanier Islands Development Authority $ 857,115 Payments to Jekyll Island St. Park Authority $ 938,061 Capital Outlay - Heritage Trust $ 75,000 Total Funds Budgeted $ 4,928,899 Receipts from Jekyll Island State Park Authority and Stone Mountain Memorial Association $ 40,000 State Funds Budgeted $ 4,850,489 Total Positions Budgeted 81 2. Game and Fish Budget: Personal Services $ 11,858,747 Regular Operating Expenses $ 3,111,026 Travel $ 66,810 Motor Vehicle Equipment Purchases $ 573,012 Publications and Printing $ 66,800 Equipment Purchases $ 199,197 Computer Charges $ 50,800 Real Estate Rentals $ 42,581 Telecommunications $ 212,587 Per Diem, Fees and Contracts $ 68,055 Postage $ 62,957 Capital Outlay - Hatchery Renovation $ 8,000 Capital Outlay - Repairs and Maintenance $ -0- Capital Outlay $ 52,150 Grants to Local Governments $ -0- Capital Outlay - Consolidated Maintenance $ 238,086 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 350,000 Total Funds Budgeted $ 16,960,808 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 13,621,084 Total Positions Budgeted $ 477 3. Parks, Recreation and Historic Sites Budget: Personal Services $ 8,541,275 Regular Operating Expenses $ 3,497,833 Travel $ 72,323 Motor Vehicle Equipment Purchases $ 119,947 Publications and Printing $ 93,500 Equipment Purchases $ 217,875 Computer Charges $ 17,220 Real Estate Rentals $ 111,392 Telecommunications $ 226,270 Per Diem, Fees and Contracts $ 71,436 Postage $ 56,000 Capital Outlay $ 176,000 Capital Outlay - Repairs and Maintenance $ 1,528,070 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 Contract - Special Olympics, Inc. $ 186,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - User Fee Enhancements $ 1,130,000 Technical Assistance Contract $ 100,000 Total Funds Budgeted $ 21,243,141 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 12,488,383 Total Positions Budgeted 373 4. Environmental Protection Budget: Personal Services $ 9,040,513 Regular Operating Expenses $ 652,987 Travel $ 235,395 Motor Vehicle Equipment Purchases $ 16,029 Publications and Printing $ 69,300 Equipment Purchases $ 29,828 Computer Charges $ 121,750 Real Estate Rentals $ 473,620 Telecommunications $ 174,440 Per Diem, Fees and Contracts $ 556,421 Postage $ 93,000 Solid Waste Grants $ 1,500,000 Water and Sewer Grants $ 3,000,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 250,437 Topographic Mapping U.S. Geological Survey $ 125,000 Total Funds Budgeted $ 16,338,720 State Funds Budgeted $ 13,150,420 Total Positions Budgeted 311 5. Coastal Resources Budget: Personal Services $ 788,554 Regular Operating Expenses $ 188,991 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,100 Equipment Purchases $ 2,231 Computer Charges $ 7,894 Real Estate Rentals $ -0- Telecommunications $ 21,361 Per Diem, Fees and Contracts $ 1,450 Postage $ 7,639 Capital Outlay $ -0- Capital Outlay - Repairs and Maintenance $ 2,763 Capital Outlay - Buoy Maintenance $ 13,000 Total Funds Budgeted $ 1,058,983 State Funds Budgeted $ 1,011,543 Total Positions Budgeted 25 Budget Unit Object Classes : Personal Services $ 32,284,337 Regular Operating Expenses $ 7,633,341 Travel $ 401,528 Motor Vehicle Equipment Purchases $ 708,988 Publications and Printing $ 425,990 Equipment Purchases $ 450,031 Computer Charges $ 368,989 Real Estate Rentals $ 778,035 Telecommunications $ 705,372 Per Diem, Fees and Contracts $ 762,862 Postage $ 307,396 Land and Water Conservation Grants $ 1,500,000 Recreation Grants $ 390,000 Water and Sewer Grants $ 3,000,000 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 $ 228,150 Capital Outlay - Repairs and Maintenance $ 1,530,833 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 $ 857,115 Payments to Jekyll Island State Park Authority $ 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 $ 76,000 Capital Outlay - User Fee Enhancements $ 1,130,000 Capital Outlay - Buoy Maintenance $ 13,000 Capital Outlay - Consolidated Maintenance $ 238,086 Technical Assistance Contract $ 100,000 Total Positions Budgeted 1,267 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 $2,000,000 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 $ 1,553,399 Regular Operating Expenses $ 636,896 Travel $ 5,225 Motor Vehicle Equipment Purchases $ 32,228 Publications and Printing $ 50,000 Equipment Purchases $ 116,155 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 38,820 Per Diem, Fees and Contracts $ 24,400 Capital Outlay $ 731,194 Campground Sinking Fund $ -0- Promotion Expenses $ -0- Total Funds Budgeted $ 3,188,317 State Funds Budgeted $ -0- Total Positions Budgeted 64 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 $ 6,454,600 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 $ 76,000 Capital Outlay $ -0- Total Funds Budgeted $ 76,000 State Funds Budgeted $ -0- Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 3,893,265 Regular Operating Expenses $ 2,360,919 Travel $ 24,179 Motor Vehicle Equipment Purchases $ 92,228 Publications and Printing $ 68,688 Equipment $ 319,885 Computer Charges $ 20,000 Real Estate Rentals $ -0- Telecommunications $ 76,798 Per Diem, Fees and Contracts $ 163,700 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 226 Authorized Motor Vehicles 91

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Section 33. Department of Offender Rehabilitation . A. Budget Unit: Department of Offender Rehabilitation $ 119,391,663 1. General Administration and Support Budget: Personal Services $ 3,333,386 Regular Operating Expenses $ 243,043 Travel $ 57,030 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 $ 441,363 Utilities $ -0- Total Funds Budgeted $ 5,035,626 Indirect DOAS Services Funding $ 415,000 State Funds Budgeted $ 4,620,626 Total Positions Budgeted 137 2. Georgia Training and Development Center Budget: Personal Services $ 1,322,073 Regular Operating Expenses $ 64,095 Travel $ 770 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 18,705 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,500 Per Diem, Fees and Contracts $ -0- Utilities $ 111,680 Total Funds Budgeted $ 1,530,823 State Funds Budgeted $ 1,530,823 Total Positions Budgeted 66 3. Georgia Industrial Institute Budget: Personal Services $ 5,192,051 Regular Operating Expenses $ 272,414 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 25,780 Computer Charges $ -0- Real Estate Rentals $ 30 Telecommunications $ 42,470 Per Diem, Fees and Contracts $ 2,400 Utilities $ 496,500 Total Funds Budgeted $ 6,034,645 State Funds Budgeted $ 6,034,645 Total Positions Budgeted 291 4. Alto Education and Evaluation Center Budget: Personal Services $ 1,305,644 Regular Operating Expenses $ 56,130 Travel $ 3,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 4,420 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,000 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 1,373,594 State Funds Budgeted $ 1,169,668 Total Positions Budgeted 50 5. Georgia Diagnostic and Classification Center Budget: Personal Services $ 4,963,685 Regular Operating Expenses $ 259,602 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 13,915 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 39,645 Per Diem, Fees and Contracts $ 3,300 Utilities $ 478,000 Total Funds Budgeted $ 5,759,647 State Funds Budgeted $ 5,759,647 Total Positions Budgeted 281 6. Georgia State Prison Budget: Personal Services $ 10,968,282 Regular Operating Expenses $ 477,600 Travel $ 6,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 116,000 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 $ 12,906,232 Indirect DOAS Services Funding $ 35,000 State Funds Budgeted $ 12,846,232 Total Positions Budgeted 633 7. Consolidated Branches Budget: Personal Services $ 8,153,979 Regular Operating Expenses $ 423,215 Travel $ 10,415 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 63,194 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 100,350 Per Diem, Fees and Contracts $ 15,360 Utilities $ 760,450 Total Funds Budgeted $ 9,526,963 State Funds Budgeted $ 9,404,083 Total Positions Budgeted 448 8. Middle Georgia Correctional Institution Budget: Personal Services $ 10,428,231 Regular Operating Expenses $ 417,285 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 55,836 Computer Charges $ -0- Real Estate Rentals $ 10,860 Telecommunications $ 129,378 Per Diem, Fees and Contracts $ 4,800 Utilities $ 200,000 Payments to Central State Hospital for Utilities $ 680,890 Total Funds Budgeted $ 11,931,280 State Funds Budgeted $ 11,931,280 Total Positions Budgeted 618 9. Jack T. Rutledge Correctional Institution Budget: Personal Services $ 2,567,133 Regular Operating Expenses $ 111,625 Travel $ 1,200 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 $ 229,310 Total Funds Budgeted $ 2,923,373 State Funds Budgeted $ 2,923,373 Total Positions Budgeted 136 10. Central Correctional Institution Budget: Personal Services $ 2,355,169 Regular Operating Expenses $ 80,590 Travel $ 1,575 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 5,545 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 15,750 Per Diem, Fees and Contracts $ -0- Utilities $ 211,800 Total Funds Budgeted $ 2,670,429 State Funds Budgeted $ 2,670,429 Total Positions Budgeted 134 11. Metro Correctional Institution Budget: Personal Services $ 3,023,495 Regular Operating Expenses $ 128,063 Travel $ 2,280 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 5,800 Computer Charges $ -0- Real Estate Rentals $ 8,700 Telecommunications $ 33,000 Per Diem, Fees and Contracts $ 10,000 Utilities $ 209,810 Total Funds Budgeted $ 3,421,148 State Funds Budgeted $ 3,421,148 Total Positions Budgeted 180 12. Coastal Correctional Institution Budget: Personal Services $ 2,843,584 Regular Operating Expenses $ 129,153 Travel $ 2,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 539 Computer Charges $ -0- Real Estate Rentals $ 5,000 Telecommunications $ 37,000 Per Diem, Fees and Contracts $ -0- Utilities $ 208,310 Total Funds Budgeted $ 3,225,686 State Funds Budgeted $ 3,155,686 Total Positions Budgeted 167 13. Central Funds Budget: Personal Services $ 169,304 Regular Operating Expenses $ 369,355 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 146,100 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 684,759 State Funds Budgeted $ 684,759 Total Positions Budgeted -0- 14. Adult Facilities and Programs Budget: Personal Services $ 2,835,549 Regular Operating Expenses $ 3,732,501 Travel $ 60,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 280,487 Computer Charges $ -0- Real Estate Rentals $ 3,000 Telecommunications $ 26,270 Per Diem, Fees and Contracts $ 97,000 Utilities $ -0- Authority Lease Rentals $ 840,000 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 $ 500,507 Grants for County Workcamp Construction $ 155,000 Capital Outlay $ -0- Total Funds Budgeted $ 17,190,511 State Funds Budgeted $ 17,010,511 Total Positions Budgeted 118 15. Training and Staff Development Center Budget: Personal Services $ 716,406 Regular Operating Expenses $ 182,128 Travel $ 136,347 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 $ 1,115,481 State Funds Budgeted $ 1,115,481 Total Positions Budgeted 31 16. D.O.T. Work Details Budget: Personal Services $ 438,695 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 $ 452,795 State Funds Budgeted $ -0- Total Positions Budgeted 27 17. Food Processing and Distribution Budget: Personal Services $ 2,835,632 Regular Operating Expenses $ 4,549,166 Travel $ 5,950 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 $ 1,929,520 Payments to Central State Hospital for Utilities $ 45,000 Total Funds Budgeted $ 9,539,268 State Funds Budgeted $ 8,948,084 Total Positions Budgeted 177 18. Farm Operations Budget: Personal Services $ 639,500 Regular Operating Expenses $ 2,885,785 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 $ 3,635,185 State Funds Budgeted $ 3,605,185 Total Positions Budgeted 33 19. Dodge Correctional Institution Budget: Personal Services $ 212,694 Regular Operating Expenses $ 403,467 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 258,000 Publications and Printing $ -0- Equipment Purchases $ 677,084 Computer Charges $ -0- Real Estate Rentals $ 6,000 Telecommunications $ 14,317 Per Diem, Fees and Contracts $ 15,600 Utilities $ 116,774 Central Repair Fund $ 32,000 Total Funds Budgeted $ 1,737,436 State Funds Budgeted $ 1,737,436 Total Positions Budgeted 136 20. Transitional Centers Budget: Personal Services $ 2,256,923 Regular Operating Expenses $ 187,970 Travel $ 4,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 14,000 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 $ 2,925,093 State Funds Budgeted $ 2,925,093 Total Positions Budgeted 116 21. Augusta Correctional and Medical Institution Budget: Personal Services $ 2,846,490 Regular Operating Expenses $ 137,333 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 350 Computer Charges $ -0- Real Estate Rentals $ 8,700 Telecommunications $ 20,633 Per Diem, Fees and Contracts $ 3,200 Utilities $ 266,291 Total Funds Budgeted $ 3,285,997 State Funds Budgeted $ 3,285,997 Total Positions Budgeted 245 22. Health Care Budget: Personal Services $ 4,613,247 Regular Operating Expenses $ 1,127,927 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 36,204 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,500 Per Diem, Fees and Contracts $ 51,800 Utilities $ -0- Payments to Jails for State Prisoner Medical Costs $ 219,000 Health Service Purchases $ 8,557,799 Total Funds Budgeted $ 14,611,477 State Funds Budgeted $ 14,611,477 Total Positions Budgeted 239 Budget Unit Object Classes : Personal Services $ 74,021,152 Regular Operating Expenses $ 16,252,547 Travel $ 308,617 Motor Vehicle Equipment Purchases $ 258,000 Publications and Printing $ 148,700 Equipment Purchases $ 1,573,264 Computer Charges $ 546,104 Real Estate Rentals $ 503,090 Telecommunications $ 793,813 Per Diem, Fees and Contracts $ 764,323 Utilities $ 4,727,925 Payments to Central State Hospital for Meals $ 1,929,520 Payments to Central State Hospital for Utilities $ 725,890 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 $ 8,557,799 Central Repair Fund $ 532,507 Authority Lease Rentals $ 840,000 Capital Outlay $ -0- Total Positions Budgeted 4,263 Authorized Motor Vehicles 427 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 $ 5,735,192 Board of Pardons and Paroles Budget: Personal Services $ 4,988,628 Regular Operating Expenses $ 126,737 Travel $ 211,770 Motor Vehicle Equipment Purchases $ 92,600 Publications and Printing $ 14,500 Equipment Purchases $ 15,137 Computer Charges $ 6,500 Real Estate Rentals $ 127,620 Telecommunications $ 106,000 Per Diem, Fees and Contracts $ 37,200 County Jail Subsidy $ 37,200 Total Funds Budgeted $ 5,763,892 State Funds Budgeted $ 5,735,192 Total Positions Budgeted 237 Budget Unit Object Classes : Personal Services $ 4,988,628 Regular Operating Expenses $ 126,737 Travel $ 211,770 Motor Vehicle Equipment Purchases $ 92,600 Publications and Printing $ 14,500 Equipment Purchases $ 15,137 Computer Charges $ 6,500 Real Estate Rentals $ 127,620 Telecommunications $ 106,000 Per Diem, Fees and Contracts $ 37,200 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 $ 1,555,907 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 $ 6,762,207 State Funds Budgeted $ -0- Total Positions Budgeted 66 Budget Unit Object Classes : Personal Services $ 1,555,907 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 $ 17,158,608 1. Probation Operations Budget: Personal Services $ 13,383,097 Regular Operating Expenses $ 347,864 Travel $ 295,260 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 50,242 Computer Charges $ -0- Real Estate Rentals $ 267,250 Telecommunications $ 201,180 Utilities $ 5,500 Per Diem, Fees and Contracts $ 3,000 Grants for Independent Probation Systems $ 160,000 Total Funds Budgeted $ 14,713,393 State Funds Budgeted $ 13,985,186 Total Positions Budgeted 668 2. Diversion Centers Budget: Personal Services $ 2,924,551 Regular Operating Expenses $ 211,195 Travel $ 16,550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 63,816 Computer Charges $ -0- Real Estate Rentals $ 258,310 Telecommunications $ 44,000 Utilities $ 170,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 3,688,422 State Funds Budgeted $ 3,173,422 Total Positions Budgeted 157 Budget Unit Object Classes : Personal Services $ 16,307,648 Regular Operating Expenses $ 559,059 Travel $ 311,810 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 114,058 Computer Charges $ -0- Real Estate Rentals $ 525,560 Telecommunications $ 245,180 Utilities $ 175,500 Per Diem, Fees and Contracts $ 3,000 Grants for Independent Probation Systems $ 160,000 Total Positions Budgeted 825 Authorized Motor Vehicles 92 Section 34. Department of Public Safety . Budget Unit: Department of Public Safety $ 47,846,330 1. Office of Highway Safety Budget: Personal Services $ 310,816 Regular Operating Expenses $ 25,009 Travel $ 17,500 Motor Vehicle Equipment Purchases $ 16,000 Publications and Printing $ 5,000 Equipment Purchases $ 800 Computer Charges $ 9,250 Real Estate Rentals $ 36,700 Telecommunications $ 18,000 Per Diem, Fees and Contracts $ 64,400 Postage $ 4,500 Total Funds Budgeted $ 507,975 State Funds Budgeted $ 108,488 Total Positions Budgeted 11 2. Administration Budget: Personal Services $ 3,612,585 Regular Operating Expenses $ 1,268,825 Travel $ 79,702 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 139,751 Equipment Purchases $ 6,755 Computer Charges $ 28,280 Real Estate Rentals $ -0- Telecommunications $ 130,000 Per Diem, Fees and Contracts $ 74,404 Postage $ 40,000 Total Funds Budgeted $ 5,380,302 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 5,257,474 Total Positions Budgeted 173 3. Driver Services Budget: Personal Services $ 5,471,030 Regular Operating Expenses $ 191,618 Travel $ 2,695 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 671,000 Equipment Purchases $ 6,855 Computer Charges $ 2,048,214 Real Estate Rentals $ 6,198 Telecommunications $ 47,200 Per Diem, Fees and Contracts $ 500 Postage $ 435,000 Conviction Reports $ 180,000 Capital Outlay $ -0- Total Funds Budgeted $ 9,060,310 Indirect DOAS Services Funding $ 1,500,000 State Funds Budgeted $ 7,560,310 Total Positions Budgeted 308 4. Field Operations Budget: Personal Services $ 25,061,693 Regular Operating Expenses $ 4,311,830 Travel $ 14,585 Motor Vehicle Equipment Purchases $ 1,138,286 Publications and Printing $ 200,000 Equipment Purchases $ 178,663 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 $ 31,200,853 Indirect DOAS Services Funding $ 150,000 State Funds Budgeted $ 31,030,903 Total Positions Budgeted 981 5. Georgia Peace Officer Standards and Training Budget: Personal Services $ 648,995 Regular Operating Expenses $ 89,082 Travel $ 25,061 Motor Vehicle Equipment Purchases $ 22,432 Publications and Printing $ 22,163 Equipment Purchases $ 2,650 Computer Charges $ 41,825 Real Estate Rentals $ 45,000 Telecommunications $ 19,400 Per Diem, Fees and Contracts $ 23,488 Postage $ 5,579 Peace Officers Training Grants $ 1,487,274 Total Funds Budgeted $ 2,432,949 State Funds Budgeted $ 2,365,514 Total Positions Budgeted 25 6. Police Academy: Personal Services $ 451,256 Regular Operating Expenses $ 122,750 Travel $ 6,300 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 8,200 Equipment Purchases $ 3,480 Computer Charges $ 8,830 Real Estate Rentals $ -0- Telecommunications $ 9,300 Per Diem, Fees and Contracts $ 74,297 Postage $ 2,400 Total Funds Budgeted $ 694,313 State Funds Budgeted $ 671,313 Total Positions Budgeted 16 7. Fire Academy: Personal Services $ 277,885 Regular Operating Expenses $ 37,775 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 17,500 Publications and Printing $ 2,800 Equipment Purchases $ 15,000 Computer Charges $ 58,644 Real Estate Rentals $ 15,182 Telecommunications $ 7,500 Per Diem, Fees and Contracts $ 75,452 Postage $ 5,500 Total Funds Budgeted $ 523,238 State Funds Budgeted $ 478,136 Total Positions Budgeted 12 8. Georgia Firefighter Standards and Training Council Budget: Personal Services $ 114,711 Regular Operating Expenses $ 7,362 Travel $ 4,600 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 2,000 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ 3,000 Telecommunications $ 3,600 Per Diem, Fees and Contracts $ 1,000 Postage $ 1,100 Total Funds Budgeted $ 146,873 State Funds Budgeted $ 146,873 Total Positions Budgeted 4 9. Organized Crime Prevention Council Budget: Personal Services $ 111,980 Regular Operating Expenses $ 11,882 Travel $ 7,550 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 1,200 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,497 Per Diem, Fees and Contracts $ 15,000 Postage $ 400 Total Funds Budgeted $ 158,009 State Funds Budgeted $ 158,009 Total Positions Budgeted 3 10. Georgia Public Safety Training Facility Budget: Personal Services $ 88,320 Regular Operating Expenses $ 850 Travel $ 5,601 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ 600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,000 Per Diem, Fees and Contracts $ 6,246 Capital Outlay $ -0- Total Funds Budgeted $ 104,817 State Funds Budgeted $ 69,310 Total Positions Budgeted 3 Authorized Motor Vehicles 0 Budget Unit Object Classes : Personal Services $ 36,149,271 Regular Operating Expenses $ 6,066,983 Travel $ 173,594 Motor Vehicle Equipment Purchases $ 1,216,718 Publications and Printing $ 1,052,314 Equipment Purchases $ 216,803 Computer Charges $ 2,195,043 Real Estate Rentals $ 107,976 Telecommunications $ 490,497 Per Diem, Fees and Contracts $ 342,687 Postage $ 530,479 Conviction Reports $ 180,000 Peace Officers Training Grant $ 1,487,274 Capital Outlay $ -0- Total Positions Budgeted 1,536 Authorized Motor Vehicles 1,099 Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police). Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report. Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants. 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 $ 11,978,100 Departmental Operations Budget: Payments to Employees' Retirement System $ 160,000 Employer Contributions $ 11,818,100 Total Funds Budgeted $ 11,978,100 State Funds Budgeted $ 11,978,100 Budget Unit Object Classes : Payments to Employees' Retirement System $ 160,000 Employer Contributions $ 11,818,100 Section 36. Public Service Commission . Budget Unit: Public Service Commission $ 3,749,289 1. Administration Budget: Personal Services $ 743,959 Regular Operating Expenses $ 31,301 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,200 Equipment Purchases $ 876 Computer Charges $ -0- Real Estate Rentals $ 64,275 Telecommunications $ 27,427 Per Diem, Fees and Contracts $ 5,500 Total Funds Budgeted $ 882,538 State Funds Budgeted $ 881,538 Total Positions Budgeted 22 2. Transportation Budget: Personal Services $ 1,007,577 Regular Operating Expenses $ 138,455 Travel $ 38,079 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,500 Equipment Purchases $ -0- Computer Charges $ 45,000 Real Estate Rentals $ 59,029 Telecommunications $ 23,042 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,320,682 State Funds Budgeted $ 1,320,682 Total Positions Budgeted 47 3. Utilities Budget: Personal Services $ 1,337,329 Regular Operating Expenses $ 45,275 Travel $ 54,794 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,200 Equipment Purchases $ 3,720 Computer Charges $ 12,000 Real Estate Rentals $ 67,889 Telecommunications $ 32,761 Per Diem, Fees and Contracts $ 46,302 Total Funds Budgeted $ 1,602,270 State Funds Budgeted $ 1,547,069 Total Positions Budgeted 50 Budget Unit Object Classes : Personal Services $ 3,088,865 Regular Operating Expenses $ 215,031 Travel $ 100,873 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,900 Equipment Purchases $ 4,596 Computer Charges $ 57,000 Real Estate Rentals $ 191,193 Telecommunications $ 83,230 Per Diem, Fees and Contracts $ 51,802 Total Positions Budgeted 119 Authorized Motor Vehicles 26 Section 37. Regents, University System of Georgia . A. Budget Unit: Resident Instruction and University System Institutions $ 516,783,851 1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 411,480,622 Sponsored Operations $ 56,703,427 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 102,217,719 Sponsored Operations $ 57,296,573 Office of Minority Business Enterprise $ 236,882 Special Desegregation Programs $ 256,524 Satellite Medical Facility Program $ 500,000 Teachers' Retirement $ 50,316,904 Authority Lease Rentals $ 16,367,000 Capital Outlay $ 845,000 Total Funds Budgeted $ 696,220,651 Less Agency Funds : Departmental Income $ 14,600,000 Sponsored Income $ 114,000,000 Other Funds $ 119,153,761 Auxiliary Income $ 2,782,000 Indirect Communications Charges $ 3,027,300 State Funds Budgeted $ 442,657,590 Total Positions Budgeted 16,849 Provided, that from appropriated funds in this budget unit, the amount of $16,367,000 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 Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Sub-Committees. 2. Marine Resources Extension Center Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 566,434 Sponsored Operations $ -0- Operating Expenses Educ., Gen., and Dept. Svcs. $ 265,682 Sponsored Operations $ -0- Total Funds Budgeted $ 832,116 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 132,376 Indirect DOAS Services Funding $ 9,800 State Funds Budgeted $ 689,940 Total Positions Budgeted 27 3. Skidaway Institute of Oceanography Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 754,983 Sponsored Operations $ 675,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 515,000 Sponsored Operations $ 875,000 Total Funds Budgeted $ 2,819,983 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 1,550,000 Other Funds $ 340,316 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 929,667 Total Positions Budgeted 35 4. Marine Institute Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 352,780 Sponsored Operations $ 154,750 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 169,000 Sponsored Operations $ 120,250 Total Funds Budgeted $ 796,780 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 275,000 Other Funds $ 7,296 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 514,484 Total Positions Budgeted 19 5. Engineering Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 9,117,265 Sponsored Operations $ 21,600,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 6,717,254 Sponsored Operations $ 17,891,438 Agricultural Research $ 420,887 Total Funds Budgeted $ 55,746,844 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 39,491,438 Other Funds $ 11,120,624 Indirect DOAS Services Funding $ 117,600 State Funds Budgeted $ 5,017,182 Total Positions Budgeted 312 6. Engineering Extension Division Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 1,026,189 Sponsored Operations $ 35,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 691,031 Sponsored Operations $ 15,000 Advanced Technology Development Center $ 409,557 Total Funds Budgeted $ 2,176,777 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 50,000 Other Funds $ 1,209,391 Indirect DOAS Services Funding $ 12,200 State Funds Budgeted $ 905,186 Total Positions Budgeted 37 7. Agricultural Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 18,241,224 Sponsored Operations $ 3,700,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 7,378,220 Sponsored Operations $ 2,000,000 Capital Outlay $ -0- Total Funds Budgeted $ 31,319,444 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 $ 18,947,344 Total Positions Budgeted 855 8. Cooperative Extension Service Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 20,691,973 Sponsored Operations $ 4,590,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 3,108,990 Sponsored Operations $ 2,010,000 Total Funds Budgeted $ 30,400,963 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 $ 18,469,263 Total Positions Budgeted 960 9. Eugene Talmadge Memorial Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 44,020,720 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 $ 66,045,003 Less Agency Funds : Departmental Income $ 1,125,099 Sponsored Income $ 2,988,751 Other Funds $ 38,171,156 Board of Corrections $ 1,557,624 Indirect DOAS Services Funding $ 193,500 State Funds Budgeted $ 22,008,873 Total Positions Budgeted 2,902 10. Veterinary Medicine Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 889,749 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 376,236 Sponsored Operations $ -0- Agricultural Research $ 299,731 Disease Research $ -0- Fire Ant Research $ 150,000 Total Funds Budgeted $ 1,715,716 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ -0- Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 1,715,716 Total Positions Budgeted 45 11. Veterinary Medicine Teaching Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 770,416 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 883,567 Sponsored Operations $ -0- Total Funds Budgeted $ 1,653,983 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 1,318,648 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 335,335 Total Positions Budgeted 65 12. Family Practice Residency Program Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 111,268 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 88,778 Capitation Contracts for Family Practice Residency $ 1,900,000 Residency Capitation Grants $ 1,785,000 New Program Development Contracts for Family Practice Residency $ 150,000 Student Preceptorships $ 185,000 Total Funds Budgeted $ 4,220,046 State Funds Budgeted $ 4,220,046 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 $ 574,195 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 292,420 Sponsored Operations $ -0- Total Funds Budgeted $ 866,615 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 493,390 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 373,225 Total Positions Budgeted 34 Budget Unit Object Classes : Personal Services: Educ., Gen., and Dept. Svcs. $ 508,597,818 Sponsored Operations $ 89,835,690 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 141,739,429 Sponsored Operations $ 80,819,499 Office of Minority Business Enterprise $ 236,882 Special Desegregation Programs $ 256,524 Satellite Medical Facility Program $ 500,000 Fire Ant Research $ 150,000 Agricultural Research $ 720,618 Disease Research $ -0- Advanced Technology Development Center $ 409,557 Capitation Contracts for Family Practice Residency $ 1,900,000 New Program Development Contracts for Family Practice Residency $ 150,000 Residency Capitation Grants $ 1,785,000 Student Preceptorships $ 185,000 Teachers' Retirement $ 50,316,904 Authority Lease Rentals $ 16,367,000 Capital Outlay - ETMH Renovations $ -0- Capital Outlay $ 845,000 Total Positions Budgeted 22,144 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 $ 15,142,252 Regents Central Office Budget: Personal Services $ 2,702,870 Operating Expenses $ 653,960 SREB Payments $ 4,402,833 Medical Scholarships $ 547,500 Regents Opportunity Grants $ 500,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,983,628 Rental Payments to Georgia Military College $ 190,000 Central Savannah River Area Business League $ -0- Total Funds Budgeted $ 15,180,791 State Funds Budgeted $ 15,142,252 Total Positions Budgeted 98 Budget Unit Object Classes : Personal Services $ 2,702,870 Operating Expenses $ 653,960 SREB Payments $ 4,402,833 Medical Scholarships $ 547,500 Regents Opportunity Grants $ 500,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,983,628 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 $776 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 $ 3,987,727 Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 2,851,255 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs $ 2,965,746 Sponsored Operations $ -0- Total Funds Budgeted $ 5,817,001 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 1,829,274 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 3,987,727 Total Positions Budgeted 137 Budget Unit Object Classes : Personal Services $ 2,851,255 Operating Expenses $ 2,965,746 Total Positions Budgeted 137 Authorized Motor Vehicles 14 Section 38. Department of Revenue . Budget Unit: Department of Revenue $ 34,218,422 1. Departmental Administration Budget: Personal Services $ 1,073,353 County Tax Officials/Retirement and FICA $ 610,000 Regular Operating Expenses $ 96,926 Travel $ 7,150 Motor Vehicle Equipment Purchases $ 8,670 Publications and Printing $ 17,000 Equipment Purchases $ 2,335 Computer Charges $ 5,000 Real Estate Rentals $ -0- Telecommunications $ 23,000 Per Diem, Fees and Contracts $ 3,000 Postage $ 150 Total Funds Budgeted $ 1,846,584 Indirect Georgia Building Authority Rents $ -0- State Funds Budgeted $ 1,827,584 Total Positions Budgeted 32 2. Motor Vehicle Administration Budget: Personal Services $ 4,931,372 Regular Operating Expenses $ 250,850 Travel $ 2,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 416,380 Equipment Purchases $ 60,400 Computer Charges $ 2,612,918 Real Estate Rentals $ -0- Telecommunications $ 85,000 Per Diem, Fees and Contracts $ -0- Motor Vehicle Tag Purchases $ 1,078,000 Motor Vehicle Decal Purchases $ 33,500 Postage $ -0- Total Funds Budgeted $ 9,471,220 Indirect DOAS Services Funding $ 1,316,049 State Funds Budgeted $ 8,155,171 Total Positions Budgeted 242 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,078,000 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 $ 1,230,931 Regular Operating Expenses $ 55,453 Travel $ 74,000 Motor Vehicle Equipment Purchases $ 18,900 Publications and Printing $ 86,500 Equipment Purchases $ 1,450 Computer Charges $ 198,693 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 $ 1,358,500 Postage $ 12,500 Total Funds Budgeted $ 3,203,127 Repayment of Loans to Counties/Property Revaluation $ -0- Indirect DOAS Services Funding $ 288,400 State Funds Budgeted $ 2,914,727 Total Positions Budgeted 55 4. Sales Taxation Budget: Personal Services $ 1,480,770 Regular Operating Expenses $ 16,704 Travel $ 1,125 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 70,550 Equipment Purchases $ 5,140 Computer Charges $ 476,572 Real Estate Rentals $ -0- Telecommunications $ 26,000 Per Diem, Fees and Contracts $ -0- Postage $ 100,500 Total Funds Budgeted $ 2,177,361 Indirect DOAS Services Funding $ 352,000 State Funds Budgeted $ 1,825,361 Total Positions Budgeted 83 5. Motor Fuel Taxation Budget: Personal Services $ 694,671 Regular Operating Expenses $ 5,300 Travel $ 800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 53,000 Equipment Purchases $ 1,350 Computer Charges $ 219,811 Real Estate Rentals $ -0- Telecommunications $ 13,300 Per Diem, Fees and Contracts $ -0- Postage $ -0- Total Funds Budgeted $ 988,232 Indirect DOAS Services Funding $ 187,375 State Funds Budgeted $ 800,857 Total Positions Budgeted 36 6. Income Taxation Budget: Personal Services $ 2,627,127 Regular Operating Expenses $ 44,600 Travel $ 1,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 337,250 Equipment Purchases $ 14,650 Computer Charges $ 2,096,950 Real Estate Rentals $ -0- Telecommunications $ 43,417 Per Diem, Fees and Contracts $ -0- Postage $ 296,576 Total Funds Budgeted $ 5,462,270 Indirect DOAS Services Funding $ 1,533,590 State Funds Budgeted $ 3,928,680 Total Positions Budgeted 128 7. Central Audit Budget: Personal Services $ 2,400,757 Regular Operating Expenses $ 14,820 Travel $ 470,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,200 Equipment Purchases $ 2,800 Computer Charges $ 4,000 Real Estate Rentals $ -0- Telecommunications $ 19,030 Per Diem, Fees and Contracts $ -0- Postage $ 75 Total Funds Budgeted $ 2,915,182 State Funds Budgeted $ 2,915,182 Total Positions Budgeted 82 8. Field Audit Services Budget: Personal Services $ 6,664,189 Regular Operating Expenses $ 198,365 Travel $ 297,000 Motor Vehicle Equipment Purchases $ 31,425 Publications and Printing $ 49,200 Equipment Purchases $ 23,202 Computer Charges $ 96,200 Real Estate Rentals $ 225,165 Telecommunications $ 200,000 Per Diem, Fees and Contracts $ -0- Postage $ 64,300 Total Funds Budgeted $ 7,849,046 Indirect DOAS Services Funding $ 167,586 State Funds Budgeted $ 7,681,460 Total Positions Budgeted 306 9. Internal Administration Budget: Personal Services $ 1,397,889 Regular Operating Expenses $ 148,980 Travel $ 800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 336,000 Equipment Purchases $ 21,600 Computer Charges $ 123,604 Real Estate Rentals $ 852,872 Telecommunications $ 13,700 Per Diem, Fees and Contracts $ -0- Postage $ 1,273,955 Total Funds Budgeted $ 4,169,400 Indirect Georgia Building Authority Rents $ -0- State Funds Budgeted $ 4,169,400 Total Positions Budgeted 69 Budget Unit Object Classes : Personal Services $ 22,501,059 County Tax Officials/Retirement and FICA $ 610,000 Regular Operating Expenses $ 831,998 Travel $ 855,875 Motor Vehicle Equipment Purchases $ 58,995 Publications and Printing $ 1,369,080 Equipment Purchases $ 132,927 Computer Charges $ 5,833,748 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 $ 1,358,500 Motor Vehicle Tag Purchases $ 1,078,000 Motor Vehicle Decal Purchases $ 33,500 Postage $ 1,748,056 Total Positions Budgeted 1,033 Authorized Motor Vehicles 60 Section 39. Secretary of State . A. Budget Unit: Secretary of State $ 12,458,314 1. Occupational Certification Budget: Personal Services $ 2,727,286 Regular Operating Expenses $ 766,096 Travel $ 85,172 Motor Vehicle Equipment Purchases $ 12,400 Publications and Printing $ 77,820 Equipment Purchases $ 16,023 Computer Charges $ 95,000 Real Estate Rentals $ 211,144 Telecommunications $ 85,043 Per Diem, Fees and Contracts $ 298,171 Postage $ 140,000 Total Funds Budgeted $ 4,514,155 State Funds Budgeted $ 4,514,155 Total Positions Budgeted 133 Occupational Certification Functional Budgets Board Costs Cost of Operations Accounting $ 118,744 $ 213,459 Architect $ 34,077 $ 92,855 Athletic Trainers $ 745 $ 1,265 Auctioneers $ 3,459 $ 29,012 Barbers $ 8,140 $ 162,127 Chiropractic $ 6,043 $ 40,679 Construction Industry $ 47,098 $ 241,667 Cosmetology $ 21,129 $ 600,465 Dentistry $ 35,630 $ 192,910 Engineers $ 52,605 $ 255,111 Forestry $ 2,297 $ 20,236 Funeral Service $ 14,675 $ 117,245 Geology $ 1,784 $ 14,921 Hearing Aid $ 4,004 $ 23,504 Landscape Architect $ 6,506 $ 15,408 Librarians $ 1,707 $ 13,675 Marriage and Family Counselors $ -0- $ -0- Medical Examiners $ 192,927 $ 721,247 Nursing Home Administrators $ 9,920 $ 21,092 Board of Nursing $ 107,394 $ 614,232 Dispensing Opticians $ 4,968 $ 28,959 Optometry $ 5,725 $ 27,314 Occupational Therapy $ 1,589 $ 7,240 Pest Control $ 6,338 $ 64,811 Pharmacy $ 60,323 $ 300,524 Physical Therapy $ 9,779 $ 20,246 Podiatry $ 1,675 $ 12,965 Polygraph Examiners $ 1,325 $ 10,399 Practical Nursing $ 56,905 $ 320,390 Private Detective $ 13,384 $ 235,107 Psychologists $ 17,343 $ 45,395 Recreation $ 2,556 $ 18,226 Sanitarian $ 4,304 $ 16,118 Speech Pathology $ 3,164 $ 13,528 Used Car Dealers $ 9,189 $ 151,080 Used Car Parts $ 3,950 $ 30,158 Veterinary $ 18,614 $ 61,113 Wastewater $ 6,529 $ 50,416 Well Water $ 6,623 $ 18,831 Total $ 903,167 $ 4,823,930 2. Securities Regulation Budget: Personal Services $ 462,192 Regular Operating Expenses $ 31,198 Travel $ 7,110 Motor Vehicle Equipment Purchases $ 19,440 Publications and Printing $ 4,000 Equipment Purchases $ -0- Computer Charges $ 47,915 Real Estate Rentals $ 17,290 Telecommunications $ 10,982 Per Diem, Fees and Contracts $ 2,100 Postage $ 400 Total Funds Budgeted $ 602,627 State Funds Budgeted $ 602,627 Total Positions Budgeted 18 3. Corporations Regulation Budget: Personal Services $ 546,665 Regular Operating Expenses $ 18,204 Travel $ 1,263 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,539 Equipment Purchases $ 300 Computer Charges $ 66,803 Real Estate Rentals $ 81,480 Telecommunications $ 32,520 Per Diem, Fees and Contracts $ -0- Postage $ 36,000 Total Funds Budgeted $ 798,774 State Funds Budgeted $ 798,774 Total Positions Budgeted 31 4. Drugs and Narcotics Budget: Personal Services $ 418,282 Regular Operating Expenses $ 34,822 Travel $ 22,550 Motor Vehicle Equipment Purchases $ 12,700 Publications and Printing $ 300 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 5,782 Telecommunications $ 7,545 Per Diem, Fees and Contracts $ 1,745 Postage $ 2,500 Total Funds Budgeted $ 506,226 State Funds Budgeted $ 506,226 Total Positions Budgeted 15 5. Archives and Records Budget: Personal Services $ 1,931,617 Regular Operating Expenses $ 222,077 Travel $ 22,782 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,600 Equipment Purchases $ 31,465 Computer Charges $ -0- Real Estate Rentals $ 30,386 Telecommunications $ 53,201 Per Diem, Fees and Contracts $ 2,000 Postage $ 20,042 Authority Lease Rentals $ 1,276,000 Total Funds Budgeted $ 3,604,170 State Funds Budgeted $ 3,566,170 Total Positions Budgeted 82 6. General Services Budget: Personal Services $ 572,804 Regular Operating Expenses $ 30,227 Travel $ 282 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 110,860 Equipment Purchases $ 828 Computer Charges $ 12,047 Real Estate Rentals $ 6,085 Telecommunications $ 18,296 Per Diem, Fees and Contracts $ 200 Postage $ 21,411 Total Funds Budgeted $ 773,040 State Funds Budgeted $ 773,040 Total Positions Budgeted 29 7. Internal Administration Budget: Personal Services $ 778,065 Regular Operating Expenses $ 54,071 Travel $ 4,624 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 47,663 Equipment Purchases $ 164 Computer Charges $ 12,000 Real Estate Rentals $ 21,240 Telecommunications $ 22,958 Per Diem, Fees and Contracts $ 25 Postage $ 24,554 Total Funds Budgeted $ 965,364 State Funds Budgeted $ 965,364 Total Positions Budgeted 35 8. State Campaign and Financial Disclosure Commission Budget: Personal Services $ 80,970 Regular Operating Expenses $ 3,940 Travel $ 1,730 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,357 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 10,496 Telecommunications $ 2,570 Per Diem, Fees and Contracts $ 3,860 Postage $ 3,300 Total Funds Budgeted $ 111,223 State Funds Budgeted $ 111,223 Total Positions Budgeted 3 9. Elections and Campaign Disclosure Budget: Personal Services $ 192,664 Regular Operating Expenses $ 16,938 Travel $ 315 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,619 Per Diem, Fees and Contracts $ 350 Postage $ 2,849 Election Expenses $ 400,000 Total Funds Budgeted $ 620,735 State Funds Budgeted $ 620,735 Total Positions Budgeted 8 Budget Unit Object Classes : Personal Services $ 7,710,545 Regular Operating Expenses $ 1,177,573 Travel $ 145,828 Motor Vehicle Equipment Purchases $ 44,540 Publications and Printing $ 278,139 Equipment Purchases $ 48,780 Computer Charges $ 233,765 Real Estate Rentals $ 383,903 Telecommunications $ 237,734 Per Diem, Fees and Contracts $ 308,451 Election Expenses $ 400,000 Postage $ 251,056 Authority Lease Rentals $ 1,276,000 Total Positions Budgeted 354 Authorized Motor Vehicles 71 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 $ 944,915 Real Estate Commission Budget: Personal Services $ 513,602 Regular Operating Expenses $ 148,927 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 30,832 Publications and Printing $ 29,000 Equipment Purchases $ 2,000 Computer Charges $ 82,800 Real Estate Rentals $ 33,600 Telecommunications $ 15,854 Per Diem, Fees and Contracts $ 76,300 Total Funds Budgeted $ 944,915 State Funds Budgeted $ 944,915 Total Positions Budgeted 27 Real Estate Commission Functional Budget State Funds Cost of Operations Pos. Real Estate Commission $ 944,915 $ 985,865 27 Budget Unit Object Classes : Personal Services $ 513,602 Regular Operating Expenses $ 148,927 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 30,832 Publications and Printing $ 29,000 Equipment Purchases $ 2,000 Computer Charges $ 82,800 Real Estate Rentals $ 33,600 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 $ 14,978,146 1. Internal Administration Activity Budget: Personal Services $ 1,842,641 Regular Operating Expenses $ 150,225 Travel $ 48,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 55,000 Equipment Purchases $ 56,335 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 62,040 Per Diem, Fees and Contracts $ 54,500 Total Funds Budgeted $ 2,269,141 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 $ 137,050 Law Enforcement Personnel Dependents' Grants $ 24,000 Georgia Military Scholarship Grants $ 42,000 Total Funds Budgeted $ 18,432,461 State Funds Budgeted $ 14,601,646 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 1,842,641 Regular Operating Expenses $ 150,225 Travel $ 48,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 55,000 Equipment Purchases $ 56,335 Computer Charges $ -0- Real Estate Rentals $ -0- 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 $ 137,050 Georgia Military Scholarship Grants $ 42,000 Total Positions Budgeted 89 Authorized Motor Vehicles 1 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 (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 fields 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 summer school quarter or semester, to undergraduate students 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 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 $ 804,810 1. Soil and Water Conservation Central Office Budget: Personal Services $ 395,955 Regular Operating Expenses $ 35,692 Travel $ 39,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,369 Equipment Purchases $ 1,300 Computer Charges $ -0- Real Estate Rentals $ 20,385 Telecommunications $ 10,089 Per Diem, Fees and Contracts $ 115,700 Total Funds Budgeted $ 628,490 State Funds Budgeted $ 628,490 Total Positions Budgeted 12 2. Soil and Water Conservation Dam Safety Budget: Personal Services $ 129,594 Regular Operating Expenses $ 12,040 Travel $ 9,490 Motor Vehicle Equipment Purchases $ 12,300 Publications and Printing $ 717 Equipment Purchases $ -0- Computer Charges $ 4,000 Real Estate Rentals $ 3,953 Telecommunications $ 3,200 Per Diem, Fees and Contracts $ 1,026 Total Funds Budgeted $ 176,320 State Funds Budgeted $ 176,320 Total Positions Budgeted 5 Budget Unit Object Classes : Personal Services $ 525,549 Regular Operating Expenses $ 47,732 Travel $ 48,490 Motor Vehicle Equipment Purchases $ 12,300 Publications and Printing $ 11,086 Equipment Purchases $ 1,300 Computer Charges $ 4,000 Real Estate Rentals $ 24,338 Telecommunications $ 13,289 Per Diem, Fees and Contracts $ 116,726 Total Positions Budgeted 17 Authorized Motor Vehicles 3 Section 42. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 2,139,100 Departmental Operations Budget: Personal Services $ 1,368,782 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 $ 792,000 Floor Fund for Local Retirement Systems $ 1,347,100 Total Funds Budgeted $ 4,400,607 State Funds Budgeted $ 2,139,100 Total Positions Budgeted 62 Budget Unit Object Classes : Personal Services $ 1,368,782 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 $ 792,000 Floor Fund for Local Retirement Systems $ 1,347,100 Total Positions Budgeted 62 Authorized Motor Vehicles 1 Section 43. Department of Transportation . Budget Unit: Department of Transportation $ 412,731,302 1. Planning and Construction Budget: Personal Services $ 71,858,748 Regular Operating Expenses $ 4,576,224 Travel $ 1,040,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 310,000 Equipment Purchases $ 49,350 Computer Charges $ -0- Real Estate Rentals $ 32,915 Telecommunications $ 985,020 Per Diem, Fees and Contracts $ 5,943,000 Capital Outlay $ 414,787,382 Geodetic Control $ 295,872 Capital Outlay - Paving State and Local Schools and State Institutions $ 750,000 Capital Outlay - Paving State Parks and Historic Sites $ 500,000 Capital Outlay - Paving Farmers Markets $ 35,000 Capital Outlay - Railroad Grade Separation $ 35,000 Eugene Talmadge Memorial Bridge Study $ 200,000 Total Funds Budgeted $ 501,398,511 State Funds Budgeted $ 182,270,231 Total Positions Budgeted 3,023 2. Maintenance and Betterments Budget: Personal Services $ 54,739,110 Regular Operating Expenses $ 37,647,600 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 $ 72,192,197 Total Funds Budgeted $ 166,115,206 State Funds Budgeted $ 163,915,206 Total Positions Budgeted 3,564 3. 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 4. Assistance to Counties Budget: Grants to Counties $ 9,317,013 Total Funds Budgeted $ 9,317,013 State Funds Budgeted $ 9,317,013 5. Administration Budget: Personal Services $ 7,884,087 Regular Operating Expenses $ 886,325 Travel $ 105,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 490,528 Equipment Purchases $ -0- Computer Charges $ 829,527 Real Estate Rentals $ 925,000 Telecommunications $ 233,700 Per Diem, Fees and Contracts $ 190,000 Authority Lease Rentals $ 24,873,157 State of Georgia General Obligation Debt Sinking Fund $ 8,463,166 Total Funds Budgeted $ 44,880,490 State Funds Budgeted $ 39,851,917 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. Provided that State Funds appropriated for on-system Resurfacing, Four-Laning and Passing Lanes in the foregoing activities may be used to match additional Federal Aid resulting from the increase in the Federal Motor Fuel Tax. 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 $ 295,872 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 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. 6. 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. 7. Air Transportation Budget: Personal Services $ 508,269 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 $ 1,111,680 State Funds Budgeted $ 722,699 Total Positions Budgeted 16 8. Inter-Model Transfer Facilities Budget: Personal Services $ 652,408 Regular Operating Expenses $ 48,148 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 $ 714,500 Capital Outlay - Airport Development $ 700,000 Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 270,000 Mass Transit Grants $ 2,977,940 Total Funds Budgeted $ 6,430,836 State Funds Budgeted $ 3,668,236 Total Positions Budgeted 22 9. 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 $ 135,642,622 Regular Operating Expenses $ 43,614,397 Travel $ 1,531,450 Motor Vehicle Equipment Purchases $ 1,000,000 Publications and Printing $ 837,728 Equipment Purchases $ 2,255,950 Computer Charges $ 829,527 Real Estate Rentals $ 957,916 Telecommunications $ 1,373,608 Per Diem, Fees and Contracts $ 7,888,811 Capital Outlay $ 487,219,579 Mass Transit Grants $ 2,977,940 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 $ 8,463,166 Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 270,000 Geodetic Control $ 295,872 Capital Outlay - Paving State and Local Schools and State Institutions $ 750,000 Capital Outlay - Paving State Parks and Historic Sites $ 500,000 Capital Outlay - Paving Farmers Markets $ 35,000 Capital Outlay - Railroad Grade Separation $ 35,000 Eugene Talmadge Memorial Bridge Study $ 200,000 Total Positions Budgeted 6,946 Authorized Motor Vehicles 4,800 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 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 $ 11,546,614 1. Veterans Assistance Budget: Personal Services $ 3,042,767 Regular Operating Expenses $ 72,388 Travel $ 72,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,000 Equipment Purchases $ 4,000 Computer Charges $ -0- Real Estate Rentals $ 136,930 Telecommunications $ 57,250 Per Diem, Fees and Contracts $ 5,000 Postage $ 30,800 Total Funds Budgeted $ 3,438,335 State Funds Budgeted $ 3,192,422 Total Positions Budgeted 142 Authorized Motor Vehicles 1 2. Veterans Home and Nursing Facility - Milledgeville Budget: Capital Outlay $ -0- Equipment Purchases $ 29,983 Regular Operating Expenses for Projects $ 34,889 Operating Expenses/Payments to Central State Hospital $ 7,385,921 Total Funds Budgeted $ 7,450,793 State Funds Budgeted $ 6,013,423 3. Veterans Nursing Home - Augusta Budget: Capital Outlay $ -0- Equipment Purchases $ 8,959 Regular Operating Expenses for Projects $ 15,111 Operating Expense/Payments to Medical College of Georgia $ 3,098,419 Total Funds Budgeted $ 3,122,489 State Funds Budgeted $ 2,340,769 Budget Unit Object Classes : Personal Services $ 3,042,767 Regular Operating Expenses $ 72,388 Travel $ 72,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,000 Equipment Purchases $ 42,942 Computer Charges $ -0- Real Estate Rentals $ 136,930 Telecommunications $ 57,250 Per Diem, Fees and Contracts $ 5,000 Capital Outlay $ -0- Postage $ 30,800 Operating Expense/Payments to Central State Hospital $ 7,385,921 Operating Expense/Payments to Medical College of Georgia $ 3,098,419 Regular Operating Expenses for Projects $ 50,000 Total Positions Budgeted 142 Authorized Motor Vehicles 1 Section 45. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 4,257,346 1. Workers' Compensation Administration Budget: Personal Services $ 3,049,388 Regular Operating Expenses $ 82,191 Travel $ 40,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 34,000 Equipment Purchases $ 10,800 Computer Charges $ 118,644 Real Estate Rentals $ 365,141 Telecommunications $ 72,270 Per Diem, Fees and Contracts $ 37,590 Postage $ 51,800 Total Funds Budgeted $ 3,861,824 State Funds Budgeted $ 3,847,324 Total Positions Budgeted 127 2. Vocational Rehabilitation Budget: Personal Services $ 317,198 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 $ 12,062 Postage $ 6,500 Total Funds Budgeted $ 410,022 State Funds Budgeted $ 410,022 Total Positions Budgeted 15 Budget Unit Object Classes : Personal Services $ 3,366,586 Regular Operating Expenses $ 90,811 Travel $ 50,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 14,105 Computer Charges $ 118,644 Real Estate Rentals $ 406,694 Telecommunications $ 80,154 Per Diem, Fees and Contracts $ 49,652 Postage $ 58,300 Total Positions Budgeted 142 Authorized Motor Vehicles 1 Section 46. State of Georgia General Obligation Debt Sinking Fund . Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 83,639,440

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Section 47 . 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 regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $5,884,000 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 ($5,709,000 - 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 48 . 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 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 State Fiscal Year 1984 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 control 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 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 provided written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. Section 52 . It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act. Section 53 . In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. 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 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 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 1983 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 1983, 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. 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 S.F.Y. 1983 submitted to the General Assembly at the 1983 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 . Provided, further, that reductions in common object class fundings as indicated in the Comparative Summary of H.B. 1 which are in excess of those recommended by the Governor are to be taken in common object classes only, and are not to be directed at agencies or activities which are attached for administrative purposes only. Common object classes for the purposes of this Act are as follows: Personal Services, Regular Operating Expenses, Travel, Publications and Printing, Computer Charges, Real Estate Rentals, Telecommunications, Utilities and Per Diem, Fees and Contracts. Section 61 . The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 62 . TOTAL STATE FUND APPROPRIATIONS State F.Y. 1983 $3,633,184,311. Section 63 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 64 . All laws and parts of laws in conflict with this Act are hereby repealed. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 7, 1983. CONTROLLED SUBSTANCES. Code Title 16, Chapter 13 Amended. No. 6 (House Bill No. 104). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to authorize the exclusion from controlled substances schedules of certain nonnarcotic substances; to provide for prescriptions of Schedules III, IV, and V controlled substances; to delete from and add to the listing of dangerous drugs; to change certain exceptions relating to dangerous drugs; to authorize the State Board of Pharmacy to make certain changes in the listing of dangerous drugs; 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 immediately following Code Section 16-13-29 a new Code Section 16-13-29.1 to read as follows: 16-13-29.1 The following nonnarcotic substances which may, under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301), be lawfully sold over the counter without a prescription, are excluded from all schedules of controlled substances under this article:

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Trade name or designation (Dosage form) Composition/Potency Manufacturer or distributor Amodrine (Tablet) Phenobarbital/8.00 mg; Aminophylline/100.00 mg; Racephedrine/25.00 mg Searle, G.D. Co. Amodrine E C (Enteric-coated tablet) Phenobarbital/8.00 mg; Aminophylline/100.00 mg; Racephedrine/25.00 mg Searle, G.D. Co. Anodyne (Ointment) Chloral hydrate/0.69 g/30 g Zemmer Co. Anti-Asthma (Tablet) Phenobarbital/8.00 mg; Theophylline/130.00 mg; Ephedrine hydrochloride/25.00 mg Ormont Drug Chem. Anti-asthmatic (Tablet) Phenobarbital/8.10 mg; Ephedrine hydrochloride/24.00 mg; Theophylline/130.00 mg Zenith Labs., Inc. Asma-Ese (Tablet) Phenobarbital/8.10 mg; Theophylline/129.60 mg; Ephedrine hydrochloride/24.30 mg Parmed Pharm. Asma-Lief (Tablet) Phenobarbital/8.10 mg; Ephedrine hydrochloride/24.30 mg; Theophylline/129.60 mg Columbia Medical Co. Asma-Lief Pediatric (Suspension) Phenobarbital/4.00 mg/05 ml; Ephedrine hydrochloride/12.00 mg/05 ml; Theophylline/65.00 mg/05 ml Columbia Medical Co. Asma Tuss (Syrup) Phenobarbital/4.00 mg/05 ml; Glyceryl guaiacolate/50.00 mg/05 ml; Chlorphentramine maleate/1.00 mg/05 ml; Ephedrine sulfate/12.00 mg/05 ml; Theophylline/15.00 mg/05 ml Halsey Drug Co. Azma-Aid (Tablet) Phenobarbital/8.00 mg; Theophylline/129.60 mg; Ephedrine hydrochloride/24.30 mg; Rondex Labs. Azmadrine (Tablet) Phenobarbital/8.00 mg; Ephedrine hydrochloride/24.00 mg; Theophylline/130.00 mg U.S. Ethicals. Bet-U-Lol (Liquid) Chloral hydrate/0.54 g/30 ml; Methyl salicylate/30.10 g/30 ml; Menthol/0.69 g/30 ml Huxley Pharm. Bronkolixir (Elixir) Phenobarbital/4.00 mg/05 ml; Theophylline/15.00 mg/05 ml; Ephedrine sulfate/12.00 mg/05 ml; Glyceryl guaiacolate/50.00 mg/05 ml Breon Labs. Bronkotabs (Tablet) Phenobarbital/8.00 mg; Theophylline/100.00 mg; Glyceryl guaiacolate/100.00 mg; Ephedrine sulfate/24.00 mg Breon Labs. Bronkotabs-Hafs (Tablet) Phenobarbital/4.00 mg; Glyceryl guaiacolate/50.00 mg; Theophylline/50.00 mg; Ephedrine sulfate/12.00 mg Breon Labs. Ceepa (Tablet) Phenobarbital/8.00 mg; Theophylline/130.00 mg; Ephedrine hydrochloride/24.00 mg Geneva Drugs. Chlorasal (Ointment) Chloral hydrate/648.00 mg/30 g; Menthol/972.00 mg/30 g; Methyl salicylate/4.277 g/30 g Wisconsin Pharmacal. Choate's Leg Freeze (Liquid) Chloral hydrate/7.40 g/30 ml; Ether/10.3 ml/30 ml; Menthol/6.3 g/30 ml; Camphor/8.7 g/30 ml Bickmore, Inc. Chlorosalicylate (Ointment) Chlorl hydrate/648.00 mg/30 g; Methyl salicylate/6.66 g/30 g; Menthol/1.13 g/30 g Kremers-Urban Co. Menthalgesic (Ointment) Chloral hydrate/0.45 g/30 g; Menthol/0.45 g/30 g; Methyl salicylate/3.60 g/30 g; Camphor/0.45 g/30 g Blue Line Chem Co. Neoasma (Tablet) Phenobarbital/10.00 mg; Theophylline/130.00 mg; Ephedrine hydrochloride/24.00 mg Tarmac Products. P.E.C.T. (Tablet) Phenobarbital/8.10 mg; Chlorpheniramine maleate/2.00 mg; Ephedrine sulfate/24.30 mg; Theophylline/129.60 mg Halsom Drug Co. Primatene (Tablet) Phenobarbital/8.00 mg; Ephedrine hydrochloride/24.00 mg; Theophylline/130.00 mg Whitehall Labs. Rynal (Spray) d1-methamphetamine hydrochloride/0.11 g/50 ml; Antipyrine/0.14 g/50 ml; Pyriamine maleate/0.005 g/50 ml; Hyamine 2389/0.01 g/50 ml Blaine Co. S-K Asthma (Tablet) Phenobarbital/8.00 mg; Ephedrine hydrochloride/24.30 mg; Theophylline/129.60 mg S-K Research Labs. Tedral (Tablet) Phenobarbital/8.00 mg; Theophylline/130.00 mg; Ephedrine hydrochloride/24.00 mg Warner-Chilcott. Tedral Anti H (Tablet) Phenobarbital/8.00 mg; Chlorpheniramine maleate/2.00 mg; Theophylline/130.00 mg; Ephedrine hydrochloride/24.00 mg Warner-Chilcott. Tedral Antiasthmatic (Tablet) Phenobarbital/8.00 mg; Theophylline/130.00 mg; Ephedrine hydrochloride/24.00 mg Parke-Davis Co. Tedral Elixir (Elixir) Phenobarbital/2.00 mg/05 ml; Ephedrine hydrochloride/6.00 mg/05 ml; Theophylline/32.50 mg/05 ml Warner-Chilcott. Tedral Pediatric (Suspension) Phenobarbital/4.00 mg/05 ml; Ephedrine hydrochloride/12.00 mg/05 ml; Theophylline/65.00 mg/05 ml Warner-Chilcott. Teephen (Tablet) Phenobarbital/8.00 mg; Ephedrine hydrochloride/24.00 mg; Theophylline/130.00 mg Robinson Labs. Teephen Pediatric (Suspension) Phenobarbital/4.00 mg/05 ml; Ephedrine hydrochloride/12.00 mg/05 ml; Theophylline anhydrous/65.00 mg/05 ml Robinson Labs. TEP (Tablet) Phenobarbital/8.00 mg; Theophylline/130.00 mg; Ephedrine hydrochloride/24.00 mg Towne, Paulsen Co., Inc. T.E.P. Compound (Tablet) Phenobarbital/8.10 mg; Theophylline/129.60 mg; Ephedrine hydrochloride/24.30 mg Stanlabs, Inc. Thedrizem (Tablet) Phenobarbital/8.00 mg; Ephedrine hydrochloride/25.00 mg; Theophylline/100.00 mg Zemmer Co. Theobal (Tablet) Phenobarbital/8.00 mg; Ephedrine hydrochloride/24.00 mg; Theophylline/130.00 mg Halsey Drug Co. Val-Tep (Tablet) Phenobarbital/8.00 mg; Ephedrine hydrochloride/24.00 mg; Theophylline/130.00 mg Vale Chemical Co. Verequad (Suspension) Phenobarbital/4.00 mg/05 ml; Ephedrine hydrochloride/12.00 mg/05 ml; Theophylline calcium salicylate/65.00 mg/05 ml; Glyceryl guaiacolate/50.00 mg/05 ml Knoll Pharm. Verequad (Tablet) Phenobarbital/8.00 mg; Ephedrine hydrochloride/24.00 mg; Glyceryl guaiacolate/100.00 mg; Theophylline calcium salicylate/130.00 mg Knoll Pharm. Vicks Inhaler (Inhaler) 1-Desoxyephedrine/113.00 mg Vick Chemical Co. Section 2 . Said chapter is further amended by designating as paragraph (1) the first paragraph of existing subsection (d) of Code Section 16-13-41, relating to prescriptions, and inserting immediately thereafter a new paragraph (2) to read as follows: (2) When a registered practitioner writes a prescription to cause the dispensing of a Schedule III, IV, or V controlled substance, he shall include the name and address of the person for whom it is prescribed, the kind and quantity of such controlled substance, the directions for taking, the signature, and the name, address, and federal registration number of the prescribing practitioner. Such prescriptions shall be signed and dated by the prescribing practitioner on the date when issued. Section 3 . Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, defining dangerous drugs, paragraphs (203), (901), and (1002), which read as follows: (203) Clortermine; (901) Subsalicylate bismuth; (1002) Triprolidine; , and inserting in their respective places the following new paragraphs (203), (901), and (1002): (203) Reserved; (901) Reserved;

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(1002) Reserved;, and by adding in the appropriate paragraph positions in said subsection (b) the following new paragraphs: (18.1) Albuterol; (21.1) Alkyl nitrites; (23.1) Alprostadil; (31.1) Amiloride-hydrochloride; (68.1) Atenolol; (97.1) Bethanidine sulfate; (133.1) Captopril; (152.1) Cefotaxime sodium; (160.1) Ceruletide phosphate sodium; (412.1) Gemfibrozil; (504.1) Isosulfan blue; (509.1) Ketoconazole; (615.1) Mezlocillin; (625.1) Moxalactam disodium; (642.1) Nifedipine; (735.1) Piperacillin; (851.1) Saralasin acetate; (852.1) Secretin; (903.1) Sucralfate;

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(909.1) Sulfadoxine; (1042.1) Zomepirac sodium Section 4 . Said chapter is further amended by striking paragraph (6) of subsection (c) of Code Section 16-13-71, which reads as follows: (6) Brompheniraminewhere a single dosage unit is 4 mg. or less;, and inserting in its place a new paragraph (6) to read as follows: (6) Brompheniraminewhere a single dosage unit is 4 mg. or less but with no more than 3 mg. of the dextrorotary optical isomer of racemic brompheniramine per released dose;. Section 5 . Said chapter is further amended by stiking paragraph (8) of subsection (c) of Code Section 16-13-71, which reads as follows: (8) Cough preparations containing diphenydramine 12.5 mg., alcohol 5 percent, and not more than 0.4 percent chloroform in each 5 ml.;, and inserting in its place a new paragraph (8) to read as follows: (8) Diphenhydramineup to 12.5 mg. in each 5 cc's when used in cough preparations and up to 50 mg. per single dose when used as a nighttime sleep aid and labeled in compliance with FDA requirements;. Section 6 . Said chapter is further amended by adding at the end of Code Section 16-13-71, defining dangerous drugs, a new subsection (e) to read as follows: (e) The State Board of Pharmacy may delete drugs from the dangerous drug list set forth in this Code section. In making such deletions the board shall consider, with respect to each drug, the following factors: (1) The actual or relative potential for abuse;

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(2) The scientific evidence of its pharmacological effect, if known; (3) The state of current scientific knowledge regarding the drug; (4) The history and current pattern of abuse, if any; (5) The scope, duration, and significance of abuse; (7) The potential of the drug to produce psychic or physiological dependence liability; and (8) Whether such drug is included under the Federal Food, Drug and Cosmetic Act, 52 Stat. 1040 (1938), 21 U.S.C. 301 et. seq., as amended. Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved February 17, 1983. CRIMESBAILABLE OFFENSES. Code Section 17-6-1 Amended. No. 7 (House Bill No. 7). AN ACT To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to procedures for procuring bail in certain criminal cases, so as to delete aggravated assault as an offense bailable only

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before a judge of superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to procedures for procuring bail in certain criminal cases, 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) The offenses of rape, armed robbery, aircraft hijacking, treason, murder, 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) of this Code section, 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. 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 repealed. Approved February 21, 1983. SUPPLEMENTARY APPROPRIATIONS. No. 8 (House Bill No. 207). AN ACT To provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to

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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, 1982, and ending June 30, 1983, 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. JUDICIAL BRANCH Section 1. Supreme Court . Budget Unit: Supreme Court $ 25,400 Section 2. Superior Courts . Budget Unit: Superior Courts $ 60,000 Section 3. Court of Appeals . Budget Unit: Court of Appeals $ 19,000 Section 4. Appellate Court Reports . Budget Unit: Court Reports $ 26,000 EXECUTIVE BRANCH Section 5. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 1,877,874 1. Departmental Administrative Budget: Personal Services $ -0- Telecommunications $ 5,500 Direct Payments to Georgia Building Authority for Operations $ 1,614,109 Total Funds Budgeted $ 1,619,609 State Funds Budgeted $ 1,619,609 2. Treasury and Fiscal Administrative Budget: Computer Charges $ 233,965 Unemployment Compensation Reserve $ 5,000 Telecommunications $ 7,500 Total Funds Budgeted $ 246,465 State Funds Budgeted $ 246,465 3. Procurement Administration Budget: Publications and Printing $ 3,000 Telecommunications $ 6,500 Total Funds Budgeted $ 9,500 State Funds Budgeted $ 9,500 4. Space Management Administration Budget: Travel $ 2,300 Total Funds Budgeted $ 2,300 State Funds Budgeted $ 2,300 The Department of Administrative Services is authorized to purchase a third chiller for the computer center from budgeted fees charged to user agencies through billings. Provided, the Department is authorized to utilize from funds previously appropriated for Direct Payments to Georgia Building Authority for Capital Outlay the amount of $233,091 to be distributed as follows: $16,400 in Personal Services in the Departmental Administrative Budget, $30,800 in Computer Charges in the Treasury and Fiscal Administrative Budget, and $185,891 for Direct Payments to Georgia Building Authority for Operations, without the requirement of obtaining prior approval of the Fiscal Affairs Sub-Committees or the Office of Planning and Budget. B. Budget Unit: Georgia Building Authority $ -0- Georgia Building Authority Budget: Regular Operating Expenses $ 1,120,000 Utilities $ 680,000 Total Funds Budgeted $ 1,800,000 State Funds Budgeted $ -0- The Georgia Building Authority is authorized to apply an amount not to exceed $65,000 of Authority Lease Rental appropriation for operating expenses. It is the intent of this General Assembly that the rates charged to State employees for parking in the Capitol Hill area not be increased. Section 6. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 64,532 1. Internal Administration Budget: Computer Charges $ 20,000 Total Funds Budgeted $ 20,000 State Funds Budgeted $ 20,000 2. Information and Education Budget: Publications and Printing $ 44,532 Total Funds Budgeted $ 44,532 State Funds Budgeted $ 44,532 Provided, that the Athens and Tifton Veterinary Laboratories are authorized to charge reasonable testing fees only for export swine and cattle. Section 7. Department of Community Affairs . A. Budget Unit: Department of Community Affairs $ 44,668 Community and Economic Development Budget: Appalachian Regional Commission Assessment $ 44,668 Total Funds Budgeted $ 44,668 State Funds Budgeted $ 44,668 Section 8. Office of Comptroller General . Budget Unit: Office of Comptroller General $ 7,410 1. Internal Administration Budget: Equipment Purchases $ 7,410 Total Funds Budgeted $ 7,410 State Funds Budgeted $ 7,410 Section 9. Department of Defense . Budget Unit: Department of Defense $ 74,237 Georgia Army National Guard Budget: Capital Outlay $ 296,958 Total Funds Budgeted $ 296,958 State Funds Budgeted $ 74,237 Section 10. State Board of Education - Department of Education . A. Budget Unit: Department of Education $ 13,327,417 1. Administrative Services Budget: Regular Operating Expenses $ 19,000 Computer Charges $ 17,000 Per Diem, Fees and Contracts $ 6,500 Total Funds Budgeted $ 42,500 State Funds Budgeted $ 6,500 2. Professional Standards Commission Budget: Real Estate Rentals $ 1,197 Total Funds Budgeted $ 1,197 State Funds Budgeted $ 1,197 Provided, however, each Area Voc.-Tech School shall have the authority to transfer between any and all object classes of expenditure except Personal Services without prior approval of the Department of Education or the Office of Planning and Budget. 3. Professional Practices Commission Budget: Personal Services $ 6,000 Total Funds Budgeted $ 6,000 State Funds Budgeted $ 6,000 4. Local Programs Budget: APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) (Code Section 20-2-157(a)) $ 7,082,650 Salaries of Instructional Personnel (Sec. 7) (Code Section 20-2-153) $ 1,051,720 Salaries of Administrative and Supervisory Personnel (Sec. 21a) (Code Section 20-2-181) $ 771,270 Instructional Media $ 208,800 Maintenance and Operation $ 1,028,700 Sick and Personal Leave $ 58,000 Non-APEG Grants: Teacher Retirement $ 1,770,075 High School Program $ 25,000 Quick Start Program $ 338,720 Instructional Aides $ 740,710 Teacher Health Insurance $ 238,075 Child Care Lunch Program (Federal) $ 1,000,000 Special Project Grant $ 59,500 Total Funds Budgeted $ 14,373,220 State Funds Budgeted $ 13,313,720 B. Budget Unit: Institutions $ 191,000 1. Georgia Academy for the Blind Budget: Utilities $ 10,000 Total Funds Budgeted $ 10,000 State Funds Budgeted $ 10,000 2. Georgia School for the Deaf Budget: Utilities $ 17,500 Total Funds Budgeted $ 17,500 State Funds Budgeted $ 17,500 3. Atlanta Area School for the Deaf Budget: Per Diem, Fees and Contracts $ 20,000 Utilities $ 2,500 Total Funds Budgeted $ 22,500 State Funds Budgeted $ 2,500 4. North Georgia Vocational-Technical School Budget: Capital Outlay $ 180,000 Utilities $ 84,000 Total Funds Budgeted $ 264,000 State Funds Budgeted $ 120,000 5. South Georgia Vocational-Technical School Budget: Utilities $ 41,000 Total Funds Budgeted $ 41,000 State Funds Budgeted $ 41,000 The Department is authorized and directed to utilize $53,000 of available funds in Budget Unit A for the purpose of paying Personal Services at the Atlanta Area School for the Deaf. Provided, further, the Department is authorized to utilize up to $16,000 of available funds for the purpose of repairing dormitory roofs at South Georgia Vocational-Technical School, without the requirement of obtaining prior approval of the Fiscal Affairs Sub-Committees or the Office of Planning and Budget. Section 11. Forestry Commission . Budget Unit: Forestry Commission $ 75,000 1. General Administration and Support Budget: Payments to the University of Georgia, School of Forestry for Forest Research $ 75,000 Total Funds Budgeted $ 75,000 State Funds Budgeted $ 75,000 Section 12. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 69,000 1. Investigative Division Budget: Personal Services $ 20,000 Total Funds Budgeted $ 20,000 State Funds Budgeted $ 20,000 Total Positions Budgeted 3 2. Forensic Sciences Division Budget: Personal Services $ 9,000 Total Funds Budgeted $ 9,000 State Funds Budgeted $ 9,000 3. Georgia Crime Information Center Budget: Telecommunications $ 40,000 Total Funds Budgeted $ 40,000 State Funds Budgeted $ 40,000 Section 13. Office of the Governor . A. Budget Unit: Governor's Office $ 1,125,000 1. Governor's Office Budget: Cost of Operations $ 25,000 Governor's Emergency Fund $ 1,100,000 Total Funds Budgeted $ 1,125,000 State Funds Budgeted $ 1,125,000 B. Budget Unit: Office of Planning and Budget $ 28,365 1. Council of the Arts Budget: Art Grants-State Funds $ -0- Real Estate Rentals $ 16,500 Total Funds Budgeted $ 16,500 State Funds Budgeted $ 16,500 2. Office of Consumer Affairs: Personal Services $ 11,865 Total Funds Budgeted $ 11,865 State Funds Budgeted $ 11,865 3. State Energy Office Budget: Per Diem, Fees and Contracts $ 51,000 Total Funds Budgeted $ 51,000 State Funds Budgeted $ -0- Section 14. Department of Human Resources . A. Budget Unit: Departmental Operations $ 3,916,603 1. General Administration and Support Budget: Personal Services $ 129,000 Regular Operating Expenses $ 14,068 Telecommunications $ 53,094 Postage $ 47,000 Utilities $ 2,000 Total Funds Budgeted $ 245,162 State Funds Budgeted $ 151,757 2. Special Programs Budget: Personal Services $ 2,500 Regular Operating Expenses $ 8,000 Travel $ 1,660 Publications and Printing $ 3,000 Real Estate Rentals $ 10,200 Telecommunications $ 2,032 Per Diem, Fees and Contracts $ 2,000 Postage $ 15,608 Menninger Group Homes $ 18,000 Total Funds Budgeted $ 63,000 State Funds Budgeted $ 63,000 3. Public Health - Local Services Budget: Real Estate Rentals $ 6,666 Telecommunications $ 38,310 Total Funds Budgeted $ 44,976 State Funds Budgeted $ 44,976 4. Rehabilitation Services - Program Direction and Support Budget: Computer Charges $ 84,000 Telecommunications $ 17,500 Total Funds Budgeted $ 101,500 State Funds Budgeted $ 101,500 5. Rehabilitation Services - Facilities Budget: Telecommunications $ 7,500 Utilities $ 14,280 Total Funds Budgeted $ 21,780 State Funds Budgeted $ 21,780 6. Public Assistance Budget: AFDC Benefits $ 3,558,719 Total Funds Budgeted $ 3,558,719 State Funds Budgeted $ 1,200,000 7. Local Services - Community Services and Benefits Payments Budget: Local Services Benefits Payments Grants $ 246,000 Total Funds Budgeted $ 246,000 State Funds Budgeted $ 123,000 8. Family and Children Services - Program Direction and Support Budget: Publications and Printing $ 269,562 Equipment $ 13,000 Computer Charges $ 1,260,456 Total Funds Budgeted $ 1,543,018 State Funds Budgeted $ 873,590 9. Public Health - Family Health Budget: Per Diem, Fees and Contracts $ 37,000 Total Funds Budgeted $ 37,000 State Funds Budgeted $ 37,000 10. Roosevelt Warm Springs Rehabilitation Institute Budget: State Funds Budgeted $ 1,300,000 Provided that the Department is authorized to create a new object class entitled Crippled Children's Clinics, and to transfer thereto an amount not to exceed $175,000 from the object class Crippled Children Benefits, together with an amount of State funds presently being applied to clinic operation but classified as Per Diem, Fees and Contracts. Provided however, of the $30,746,391 previously appropriated for State Fiscal Year 1983 for Grant-in-Aid to Counties, the Department of Human Resources is authorized and directed to utilize $243,326 for the purpose of renovating the Binion Building. Provided that the Department is authorized to increase by three the budgeted position count for Mental Health - Program Direction and Support Budget. C. Budget Unit: Community Mental Health/Mental Retardation, Youth Services and Institutions $ 2,353,043 1. Georgia Regional Hospital at Augusta Budget: Telecommunications $ 6,000 Utilities $ 9,900 Total Funds Budgeted $ 15,900 State Funds Budgeted $ 15,900 2. Georgia Regional Hospital at Atlanta Budget: Telecommunications $ 10,800 Utilities $ 54,300 Total Funds Budgeted $ 65,100 State Funds Budgeted $ 65,100 3. Georgia Regional Hospital at Savannah Budget: Telecommunications $ 3,500 Total Funds Budgeted $ 3,500 State Funds Budgeted $ 3,500 4. West Central Georgia Regional Hospital Budget: Regular Operating Expenses $ 3,087 Telecommunications $ 16,000 Utilities $ 35,975 Total Funds Budgeted $ 55,062 State Funds Budgeted $ 55,062 5. Northwest Georgia Regional Hospital at Rome Budget: Telecommunications $ 3,500 Total Funds Budgeted $ 3,500 State Funds Budgeted $ 3,500 6. Gracewood State School and Hospital Budget: Telecommunications $ 14,735 Utilities $ 100,168 Total Funds Budgeted $ 114,903 State Funds Budgeted $ 114,903 7. Southwestern State Hospital Budget: Telecommunications $ 8,000 Utilities $ 41,000 Total Funds Budgeted $ 49,000 State Funds Budgeted $ 49,000 8. Georgia Retardation Center Budget: Telecommunications $ 10,000 Per Diem, Fees and Contracts $ 6,400 Utilities $ 19,500 Total Funds Budgeted $ 35,900 State Funds Budgeted $ 35,900 9. Central State Hospital Budget: Regular Operating Expenses $ 284,750 Utilities $ 617,974 Capital Outlay $ 669,000 Total Funds Budgeted $ 1,571,724 State Funds Budgeted $ 1,144,902 10. State Youth Development Centers Budget: Personal Services $ 78,142 Regular Operating Expenses $ 38,318 Equipment Purchases $ 24,040 Telecommunications $ 9,500 Utilities $ 85,000 Capital Outlay $ 99,505 Total Funds Budgeted $ 334,505 State Funds Budgeted $ 334,505 Total Positions Budgeted 11 11. Regional Youth Development Centers Budget: Telecommunications $ 3,500 Utilities $ 30,000 Postage $ 2,000 Total Funds Budgeted $ 35,500 State Funds Budgeted $ 35,500 12. Community Mental Health/Mental Retardation Services Budget: Supportive Living Benefits $ 152,787 Community Mental Retardation Residential Services $ 117,184 Total Funds Budgeted $ 269,971 State Funds Budgeted $ 269,971 13. Community Youth Services Budget: Telecommunications $ 13,000 Utilities $ 2,300 Total Funds Budgeted $ 15,300 State Funds Budgeted $ 15,300 14. Medicaid and Medicare Certification Reserve Budget: Personal Services $ 210,000 Total Funds Budgeted $ 210,000 State Funds Budgeted $ 210,000 Provided however, of the $4,531,875 previously appropriated for State Fiscal Year 1983 for Authority Lease Rentals, the Department of Human Resources is authorized and directed to utilize $225,000 for expenditures authorized in this Appropriations Act. Section 15. Department of Industry and Trade . A. Budget Unit: Department of Industry and Trade $ 49,000 1. Industry Budget: Personal Services $ 12,826 Total Funds Budgeted $ 12,826 State Funds Budgeted $ 12,826 Total Positions Budgeted 1 2. Internal Administration Budget: Personal Services $ 11,174 Georgia Semiquincentenary Commission $ 25,000 Total Funds Budgeted $ 36,174 State Funds Budgeted $ 36,174 Total Positions Budgeted 1 Section 16. Department of Labor . A. Budget Unit: Inspection Division $ 30,426 Inspection Division Budget: Regular Operating Expenses $ 3,046 Travel $ 27,000 Real Estate Rentals $ 380 Total Funds Budgeted $ 30,426 State Funds Budgeted $ 30,426 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training $ 104,026 1. Basic Employment Security and W.I.N. Budget: Personal Services $ 1,040,260 Total Funds Budgeted $ 1,040,260 State Funds Budgeted $ 104,026 Section 17. Department of Law . Budget Unit: Department of Law $ 45,000 Attorney General's Office Budget: Personal Services $ 15,000 Regular Operating Expenses $ 30,000 Total Funds Budgeted $ 45,000 State Funds Budgeted $ 45,000 Section 18. Department of Medical Assistance . Budget Unit: Medicaid Services $ 11,840,777 1. Commissioner's Office Budget: Per Diem, Fees and Contracts $ 56,000 Total Funds Budgeted $ 56,000 State Funds Budgeted $ 28,000 2. Administration Budget: Per Diem, Fees and Contracts $ 10,000 Audit Contracts $ 75,000 Total Funds Budgeted $ 85,000 State Funds Budgeted $ 61,250 3. Program Management Budget: Personal Services $ 55,161 Regular Operating Expenses $ 500 Travel $ 2,000 Total Funds Budgeted $ 57,661 State Funds Budgeted $ 17,298 Total Positions Budgeted 5 4. Operations Budget: Publications and Printing $ 80,000 Per Diem, Fees and Contracts $ 44,000 Total Funds Budgeted $ 124,000 State Funds Budgeted $ 27,250 5. Benefits Payments Budget: Medicaid Benefits $ 34,789,560 Payments to Counties for Mental Health $ 1,237,030 Total Funds Budgeted $ 36,026,590 State Funds Budgeted $ 11,706,979 Section 19. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration $ 106,000 Agency Assessments $ 106,444 1. Applicant Services Budget: Per Diem, Fees and Contracts $ 16,844 Postage $ 20,000 Total Funds Budgeted $ 36,844 Agency Assessments $ 36,844 2. Employee Training and Development Budget: Per Diem, Fees and Contracts $ 50,000 Total Funds Budgeted $ 50,000 Agency Assessments $ 50,000 3. Health Insurance Administration Budget: Personal Services $ -0- Regular Operating Expenses $ -0- Travel $ -0- Equipment Purchases $ -0- Computer Charges $ 76,844 Telecommunications $ -0- Per Diem, Fees and Contracts $ 106,000 Postage $ 6,600 Total Funds Budgeted $ 189,444 Employer and Employee Contributions $ 83,444 State Funds Budgeted $ 106,000 Total Positions Budgeted 0 4. Health Insurance Claims Budget: Per Diem, Fees and Contracts $ 661,935 Health Insurance Claims $ 4,330,000 Total Funds Budgeted $ 4,991,935 Employer and Employee Contributions $ 4,991,935 5. Internal Administration Budget: Computer Charges $ 9,600 Total Funds Budgeted $ 9,600 Agency Assessments $ 9,600 6. Commissioner's Office Budget: Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 10,000 Agency Assessments $ 10,000 Section 20. Department of Natural Resources . Provided, however, that $175,000 of Lake Lanier Islands Development Authority agency funds are designated and committed for capital improvements and equipment purchases at Lake Lanier Islands. Section 21. Department of Offender Rehabilitation . A. Budget Unit: Department of Offender Rehabilitation $ 6,946,602 1. General Administration and Support Budget: Computer Charges $ 84,000 Total Funds Budgeted $ 84,000 State Funds Budgeted $ 84,000 2. Georgia Diagnostic and Classification Center Budget: Personal Services $ 405,144 Regular Operating Expenses $ 10,560 Utilities $ 63,750 Total Funds Budgeted $ 479,454 State Funds Budgeted $ 379,454 Total Positions Budgeted 93 3. Consolidated Branches Budget: Personal Services $ 621,215 Regular Operating Expenses $ 18,498 Utilities $ 80,000 Total Funds Budgeted $ 719,713 State Funds Budgeted $ 719,713 Total Positions Budgeted 67 4. Middle Georgia Correctional Institution Budget: Personal Services $ 530,677 Regular Operating Expenses $ 15,170 Utilities $ 39,600 Capital Outlay $ 2,000 Payments to Central State Hospital for Utilities $ 9,500 Total Funds Budgeted $ 596,947 State Funds Budgeted $ 596,947 Total Positions Budgeted 55 5. Jack T. Rutledge Correctional Institution Budget: Personal Services $ 150,855 Regular Operating Expenses $ 4,598 Utilities $ 7,500 Total Funds Budgeted $ 162,953 State Funds Budgeted $ 162,953 Total Positions Budgeted 17 6. Adult Facilities and Programs Budget: Regular Operating Expenses $ 178,365 Equipment Purchases $ 382,011 Real Estate Rentals $ 109,000 Telecommunications $ 45,000 Per Diem, Fees and Contracts $ 200,000 Utilities $ 350,000 Court Costs $ 220,000 Inmate Release Funds $ 280,000 County Subsidy $ 232,688 Grants for County Workcamp Construction $ 42,500 Revolving Fund for County Workcamp Construction $ -0- Central Repair Fund $ 50,000 County Subsidy for Jails $ 50,000 Total Funds Budgeted $ 2,139,564 State Funds Budgeted $ 2,139,564 7. Training and Staff Development Center Budget: Regular Operating Expenses $ 45,044 Travel $ 11,956 Total Funds Budgeted $ 57,000 State Funds Budgeted $ 57,000 8. Food Processing and Distribution Budget: Personal Services $ 66,292 Regular Operating Expenses $ -0- Payments to Central State Hospital for Meals $ 278,000 Total Funds Budgeted $ 344,292 State Funds Budgeted $ 344,292 Total Positions Budgeted 7 9. Farm Operations Budget: Regular Operating Expenses $ 335,000 Total Funds Budgeted $ 335,000 State Funds Budgeted $ 335,000 10. Dodge Correctional Institution Budget: Personal Services $ 741,000 Total Funds Budgeted $ 741,000 State Funds Budgeted $ 741,000 11. Health Care Budget: Personal Services $ 94,324 Regular Operating Expenses $ 33,000 Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification $ 22,000 Health Service Purchases $ 443,355 Total Funds Budgeted $ 592,679 State Funds Budgeted $ 592,679 Total Positions Budgeted 8 12. Georgia State Prison Budget: Personal Services $ 175,000 Regular Operating Expenses $ 140,000 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 218,000 Equipment Purchases $ 171,000 Telecommunications $ 5,000 Utilities $ 55,000 Capital Outlay $ 22,000 Total Funds Budgeted $ 794,000 State Funds Budgeted $ 794,000 Total Positions Budgeted 84 Provided however, of the $840,000 previously appropriated for State Fiscal Year 1983 for Authority Lease Rentals, the Department of Offender Rehabilitation is authorized and directed to utilize $100,000 for expenditures authorized in this appropriations act. Employees in the classes of Correctional Officer I and II, Correctional Sergeant, Correctional Lieutenant, and Correctional Captain who work in and provide direct supervision and control of inmates housed in a Special Management Unit so designated by the Commissioner of Offender Rehabilitation may be paid a salary supplement for hours worked in a Special Management Unit at a rate not to exceed $100 per month. B. Budget Unit: Board of Pardons and Paroles $ 525,000 Board of Pardons and Paroles Budget: Personal Services $ 296,534 Regular Operating Expenses $ 51,583 Travel $ 28,134 Publications and Printing $ 1,500 Equipment Purchases $ 73,744 Computer Charges $ 8,500 Real Estate Rentals $ 15,063 Telecommunications $ 34,942 County Jail Subsidy $ 15,000 Total Funds Budgeted $ 525,000 State Funds Budgeted $ 525,000 Total Positions Budgeted 52 D. Budget Unit: Probation Division Operations $ 426,885 1. Probation Operations Budget: Personal Services $ 116,131 Total Funds Budgeted $ 116,131 State Funds Budgeted $ 116,131 2. Diversion Centers Budget: Personal Services $ 222,000 Regular Operating Expenses $ 38,864 Travel $ 1,500 Equipment Purchases $ 69,390 Telecommunications $ 4,000 Utilities $ 10,000 Total Funds Budgeted $ 345,754 State Funds Budgeted $ 310,754 Total Positions Budgeted 26 Section 22. Department of Public Safety . Budget Unit: Department of Public Safety $ 277,579 1. Driver Services Budget: Personal Services $ 21,000 Telecommunications $ 22,250 Computer Charges $ 47,640 Total Funds Budgeted $ 90,890 State Funds Budgeted $ 90,890 Total Positions Budgeted 8 2. Field Operations Budget: Telecommunications $ 107,750 Per Diem, Fees and Contracts $ 60,920 Total Funds Budgeted $ 168,670 State Funds Budgeted $ 168,670 3. Police Academy: Telecommunications $ 3,768 Total Funds Budgeted $ 3,768 State Funds Budgeted $ 3,768 4. Office of Highway Safety Budget: Personal Services $ 57,388 Total Funds Budgeted $ 57,388 State Funds Budgeted $ 14,251 Total Positions Budgeted 2 Section 23. Regents, University System of Georgia . A. Budget Unit: Resident Instruction and University System Institutions $ 914,096 1. Resident Instruction Budget: Operating Expenses: Educ., Gen., and Dept. Svcs. $ 500,000 Teachers' Retirement $ 414,096 Total Funds Budgeted $ 914,096 State Funds Budgeted $ 914,096 Provided, the Board of Regents is authorized to transfer from available funds in other object classes to Teacher Retirement object class without prior approval of the Fiscal Affairs Sub-Committees or the Office of Planning and Budget. B. Budget Unit: Regents Central Office $ 502,040 Grants to Junior Colleges $ 502,040 Total Funds Budgeted $ 502,040 State Funds Budgeted $ 502,040 Section 24. Department of Revenue . Budget Unit: Department of Revenue $ 328,654 1. Departmental Administration Budget: County Tax Officials/Retirement and FICA $ 161,000 Total Funds Budgeted $ 161,000 State Funds Budgeted $ 161,000 2. Field Audit Services Budget: Regular Operating Expenses $ 6,875 Publications and Printing $ 1,000 Computer Charges $ 1,168 Real Estate Rentals $ 95,682 Telecommunications $ 32,909 Total Funds Budgeted $ 137,634 State Funds Budgeted $ 137,634 3. Internal Administration Budget: Real Estate Rentals $ 30,020 Total Funds Budgeted $ 30,020 State Funds Budgeted $ 30,020 Section 25. Secretary of State . A. Budget Unit: Secretary of State $ 306,388 1. Occupational Certification Budget: Personal Services $ 28,623 Total Funds Budgeted $ 28,623 State Funds Budgeted $ 28,623 2. General Services Budget: Publications and Printing $ 27,300 Total Funds Budgeted $ 27,300 State Funds Budgeted $ 27,300 3. Internal Administration Budget: Personal Services $ 40,465 Regular Operating Expenses $ 10,000 Total Funds Budgeted $ 50,465 State Funds Budgeted $ 50,465 4. Elections and Campaign Disclosure Budget: Election Expenses $ 200,000 Total Funds Budgeted $ 200,000 State Funds Budgeted $ 200,000 Section 26. Georgia Student Finance Commission . Budget Unit: Georgia Student Finance Commission $ 3,000 1. Internal Administration Budget: Regular Operating Expenses $ 119,999 Travel $ 2,300 Telecommunications $ 8,529 Per Diem, Fees and Contracts $ 46,740 Total Funds Budgeted $ 177,568 State Funds Budgeted $ -0- 2. Georgia Student Finance Authority Budget: Law Enforcement Personnel Dependents' Grants $ 3,000 Total Funds Budgeted $ 3,000 State Funds Budgeted $ 3,000 Section 27. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 4,000 1. Soil and Water Conservation Dam Safety Budget: Computer Charges $ 2,500 Telecommunications $ 1,500 Total Funds Budgeted $ 4,000 State Funds Budgeted $ 4,000 Section 28. Department of Transportation . As authorized in the Amended General Appropriations Act for S.F.Y. 1981, $208,500,000 in principal amount of General Obligations Bonds were sold for advance construction of the interstate system. The General Assembly of Georgia recognizes that the Department of Transportation is seeking a partial federal reimbursement of $24,748,573 in order to provide $4,748,573 for debt-service payment in State Fiscal Year 1983, and to pay $20,000,000 into the State General Treasury by June 30,1983. This General Assembly further recognizes that these payments shall be applied to the $187,650,000 originally due to be repaid to the State Treasury, leaving a principal balance of $162,901,427 to be repaid to the State Treasury. Section 29. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 46,965 1. Workers' Compensation Administrative Budget: Personal Services $ 26,965 Computer Charges $ 20,000 Total Funds Budgeted $ 46,965 State Funds Budgeted $ 46,965 Section 30. State of Georgia General Obligation Debt Sinking Fund . B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 6,270,368 Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $390,000 is specifically appropriated for the purpose of financing the renovation of facilities under the control of the State Board of Regents of the University System through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,194,400 is specifically appropriated for the purpose of financing the construction of Area Vocational-Technical Schools at Valdosta and Columbus through the issuance of not more than $8,440,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,685,968 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 $14,200,000 in principal amount of General Obligation Debt. Section 31 . There is hereby appropriated $333,000 for the purpose of increasing the State of Georgia employer's contribution for health insurance from 6.5% to 7.7% to be effective June 16, 1983. Section 32 . 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 33 . TOTAL SUPPLEMENTARY APPROPRIATION State F.Y. 1983 $ 52,344,355 Section 34 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 35 . All laws and parts of laws in conflict with this Act are repealed. Approved February 18, 1983. GENERAL ASSEMBLYDOORKEEPERS. Code Section 28-3-1 Amended. No. 12 (Senate Bill No. 159). AN ACT To amend Code Section 28-3-1 of the Official Code of Georgia Annotated, relating to the election and compensation of doorkeepers and messengers, so as to delete the provisions relating to the doorkeeper and messenger for the Senate; to provide for a sergeant-at-arms for the Senate; 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 28-3-1 of the Official Code of Georgia Annotated, relating to the election and compensation of doorkeepers and messengers, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 28-3-1 to read as follows: 28-3-1. The House of Representatives is entitled to a doorkeeper and a messenger who shall perform such duties as may be required of them, who shall be elected as provided for the election of the Clerk of the House of Representatives, and who shall be compensated as provided by resolution of the House of Representatives. The Senate is entitled to a sergeant-at-arms who shall perform such duties as may be required of him, who shall be elected by the Senate, and who shall be compensated as provided by resolution of the Senate.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 2, 1983. GRIFFIN JUDICIAL CIRCUITDISTRICT ATTORNEYS, COUNTY SUPPLEMENTS. No. 16 (House Bill No. 509). 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) and an Act approved April 12, 1982 (Ga. L. 1982, p. 596), so as to change the county supplement for the district attorneys 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) and an Act approved April 12, 1982 (Ga. L. 1982, p 596), 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 authorized to provide from county funds a supplement to the compensation of each judge received from state funds, and the district attorney received from

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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 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., 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 $7,500.00 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 $3,225.00 as a salary supplement

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for the district attorney; Upson County shall pay $2,300.00 as a salary supplement for each judge and $1,725.00 as a salary supplement for the district attorney; Fayette County shall pay $2,600.00 as a salary supplement for each judge and $1,950.00 as a salary supplement for the district attorney; Pike County shall pay $800.00 as a salary supplement for each judge and $600.00 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 given that there will be introduced at the regular 1983 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 District Attorney of that Circuit; and for other purposes. This 17th day of January, 1983. Marvin Adams Representative, 79th District

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Georgia, Pike County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rachel McClelland, who, on oath, deposes, certifies, and says that she is 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: January 19, 26 and February 2, 1983. /s/ Rachel McClelland Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Eric D. Hearn Notary Public. My Commission Expires 10/8/86. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 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 District Attorney of that Circuit; and for other purposes. This 17th day of January, 1983. Marvin Adams Representative, 79th District

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Georgia, Spalding County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, who, on oath, deposes, certifies, and says that he is the 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, on the following dates: January 20, 27 and February 3, 1983. /s/ Q. Melton Publisher, General Manager Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Eric D. Hearn Notary Public. My Commission Expires 10/8/86. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 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 District Attorney of that Circuit; and for other purposes. This 17th day of January, 1983. Marvin Adams Representative, 79th District

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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: January 19, 26 and February 2, 1983. /s/ Casper Y. Wood Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Sara S. Anglin Notary Public. My Commission Expires 8/12/85. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 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 District Attorney of that Circuit; and for other purposes. This 17th day of January, 1983. Marvin Adams Representative, 79th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler, who, on oath, deposes and says that he is Representative from the 75th District, 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: January 19, 26, and February 2, 1983. /s/ John L. Mostiler Representative, 75th District Sworn to and subscribed before me, this 2nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 2, 1983.

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GEORGIA BUREAU OF INVESTIGATIONANTITERRORISM TASK FORCE. Code Sections 35-3-60 through 35-3-65 Enacted. No. 21 (House Bill No. 83). AN ACT To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to create within the Georgia Bureau of Investigation an Antiterrorism Task Force; 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 . Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding a new Article 3 to read as follows: ARTICLE 3 35-3-60. This article is enacted as a direct response to the high level of reactivation of violent and terroristic acts against persons residing within the State of Georgia and in response to the outcry of the communities for assistance from the State of Georgia in combating these violent and terroristic acts. 35-3-61. (a) This article shall be known and may be cited as the `Antiterrorism Act.' (b) The purpose of this article shall be to assist law enforcement personnel in the State of Georgia to identify, investigate, arrest, and prosecute individuals or groups of individuals who illegally threaten, harass, terrorize, or otherwise injure or damage the person or property of persons on the basis of their race, national origin, or religious persuasion. (c) It is the intent of the General Assembly that this article be interpreted and construed liberally to accomplish its purposes.

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35-3-62. As used in this article, the term: (1) `Terroristic acts' as used in this Act means an act which constitutes a crime against the person or against the residence of an individual which is committed with the specific intent of and may reasonably be expected to instill fear into such person or persons or which is committed for the purpose of restraining that person or those persons from exercising their rights under the Constitution and laws of this state and the United States; and any illegal acts directed at other persons or their property because of that person's political beliefs or political affiliation. 35-3-63. There is established a special Antiterrorism Task Force within the Georgia Bureau of Investigation. This Antiterrorism Task Force shall operate independently of any other investigative operations within the Georgia Bureau of Investigation and shall devote itself to the tasks of identifying, investigating, arresting, and prosecuting individuals or groups of individuals who perform terroristic acts, against a person or his residence on the basis of such person's race, national origin, or religious persuasion. 35-3-64. All efforts shall be made to maintain the confidentiality of the investigative efforts of the Antiterrorism Task Force and the identity of agents who operate in undercover assignments. Information may, however, be shared with other law enforcement agencies when, in the sole discretion of the director of investigation or the director of the Antiterrorism Task Force, the sharing of such information would not compromise the successful completion of the investigation or cases being made. 35-3-65. The Antiterrorism Task Force shall be authorized to work with and seek the assistance of other law enforcement agencies when, in the sole discretion of the director of investigation or the director of the Antiterrorism Task Force, such assistance would not compromise the successful completion of the investigations or cases being made. 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 3, 1983. CAPITAL FELONY EXPENSESREIMBURSEMENT OF COUNTIES. Code Chapter 17-11 Amended. No. 23 (House Bill No. 8). AN ACT To amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement for capital felony expenses, so as to define and redefine certain terms; to change the basis for reimbursement of counties for capital felony expenses; to change the time in which reimbursement payments are to be made; to change the provisions relating to maintenance of records of capital felony expenses by clerks of the superior courts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement for capital felony expenses, is amended by striking in its entirety paragraph (2) of Code Section 17-11-21, relating to definitions, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Capital felony expenses' means expenses incurred by a county and paid from county funds as a direct result of a capital felony case being tried by a superior court. The term includes expenses from the date of the arrest of the defendant to the date of the superior court conviction, expenses from the date of the conviction

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until the date of the last appellate court affirmance of the conviction, expenses from the last appellate court reversal to any subsequent superior court convictions or retrials, expenses from any retrials to the last appellate court action on the conviction, expenses from the date of the arrest of the defendant to the date of the defendant's release if there is no conviction or if the conviction is reversed and there is no retrial, or expenses during any combination of these periods. The term shall not include the following expenses: (A) Any expenses reimbursed by or pursuant to state law; (B) The salaries, compensation, and expenses of all county officers and employees, except for any compensation and expenses of temporary employees employed as a direct result of the capital felony case or extraordinary expenses incurred by county officers and employees as a direct result of the capital felony case; and (C) County-paid supplements to the salaries or compensation of state officers and employees. Section 2 . Said article is further amended by striking in its entirety Code Section 17-11-22, which reads as follows: 17-11-22. Each county in which the superior court tries a capital felony case shall be reimbursed for capital felony expenses as follows: (1) When a single capital felony case results in capital felony expenses during a calendar year, exceeding 5 percent of county revenue for the immediately preceding calendar year, the county shall be reimbursed for all capital felony expenses incurred as a result of the capital felony case, which expenses exceed 5 percent of such county revenue; and (2) When two or more capital felony cases result in capital felony expenses during a calendar year, exceeding 10 percent of county revenue for the immediately preceding calendar year, the county shall be reimbursed for all capital felony expenses exceeding 10 percent of such county revenue. This paragraph shall not operate to preclude reimbursement under paragraph (1) of this Code section if a single capital felony case entitles a county to reimbursement thereunder, even though total capital felony cases may not entitle a county to reimbursement under this paragraph.,

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and inserting in lieu thereof a new Code Section 17-11-22 to read as follows: 17-11-22. Each county which is responsible for the costs of a capital felony case will be reimbursed for capital felony expenses as follows: (1) Single capital felony cases: (A) Expenses from the date of arrest will be accumulated. When a single capital felony case results in capital felony expenses, the accumulation of which is more than 5 percent of county revenue for the calendar year in which the superior court conviction occurs or in which the defendant is released if not convicted, the county will be reimbursed for all such accumulated capital felony expenses in excess of the 5 percent level; (B) If a capital felony case is appealed, expenses from the date of the superior court conviction will be accumulated. When the appeal of a single capital felony case results in capital felony expenses, the accumulation of which is more than 5 percent of county revenue for the calendar year in which the last appellate court action on the conviction occurs, the county will be reimbursed for all such capital felony expenses in excess of the 5 percent level. If the county chooses not to seek reimbursement for capital felony expenses from the date of arrest to the date of the superior court conviction and instead seeks reimbursement for its capital felony expenses through the last appellate court action, the county will be reimbursed for all accumulated capital felony expenses in excess of the 5 percent level; (C) If a capital felony case is appealed and the conviction is reversed, capital felony expenses for any subsequent retrial and appeals will be handled in accordance with the provisions of subparagraphs (A) and (B) of this paragraph; (D) No capital felony expenses for which reimbursement has already been made will again be included in any subsequent calculations or reimbursement requests;

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(2) Two or more capital felony cases: (A) Expenses from the dates of arrest will be accumulated. When two or more capital felony cases each result in capital felony expenses, the accumulation of which is more than 10 percent of county revenue for the calendar year in which the superior court convictions occur or in which the defendant or defendants is or are released if not convicted, the county will be reimbursed for all such accumulated capital felony expenses in excess of the 10 percent level; (B) If two or more capital felony cases are appealed, expenses from the dates of the superior court convictions will be accumulated. When the appeals of two or more capital felony cases result in capital felony expenses, the accumulation of which is more than 10 percent of county revenue for the calendar year in which the last appellate court action on the convictions occurs, the county will be reimbursed for all such accumulated capital felony expenses in excess of the 10 percent level. If the county chooses not to seek reimbursement for capital felony expenses from the date of arrest to the dates of the superior court convictions and instead seeks reimbursement for its capital felony expenses through the last appellate court action, the county will be reimbursed for all accumulated capital felony expenses in excess of the 10 percent level; (C) If two or more capital felony cases are appealed and the convictions are reversed, capital felony expenses for any subsequent retrials and appeals will be handled in accordance with the provisions of subparagraphs (A) and (B) of this paragraph; provided, however, that, if only one conviction is reversed, capital felony expenses for any subsequent retrial and appeals will be handled in accordance with the provisions of subparagraphs (A) and (B) of this paragraph; (D) No capital felony expenses for which reimbursement has already been made will again be included in any subsequent calculations or reimbursement requests; (E) Nothing in this paragraph relative to two or more capital felony cases shall operate to preclude reimbursement under paragraph (1) of this Code section if a single capital

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felony case entitles a county to reimbursement thereunder even though total capital felony cases may not entitle a county to reimbursement under this paragraph. Section 3 . Said article is further amended by striking in its entirety subsection (a) of Code Section 17-11-23, relating to when reimbursement payments are to be made, which subsection reads as follows: (a) Reimbursement payments for capital felony expenses under this article shall be made by one annual payment to the governing authority of each county incurring capital felony expenses. The payments shall be made during the first quarter of the state's fiscal year for county capital felony expenses incurred during the immediately preceding calendar year., and inserting in lieu thereof a new subsection (a) to read as follows: (a) Reimbursement payments for eligible capital felony expenses under this article will be made to the governing authority of each county incurring capital felony expenses. The payments will be made during the state's fiscal year for capital felony expenses eligible for reimbursement during the immediately preceding calendar year. Section 4 . Said article is further amended by striking in its entirety subsection (c) of Code Section 17-11-24, relating to administration of the Capital Felony Expense Act, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The clerks of the superior courts will be the local administrators of this article; and, consistent with rules and regulations promulgated by the commissioner as provided by subsection (b) of this Code section, the clerks will maintain records of capital felony expenses for the purposes of this article. Based on such records, the clerk of each superior court will certify to the commissioner, during the first quarter of each calendar year, capital felony expenses eligible for reimbursement during the preceding calendar year. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 4, 1983. COMMISSIONER OF TRANSPORTATIONTERM OF OFFICE. Code Section 32-2-40 Amended. No. 25 (Senate Bill No. 65). AN ACT To amend Code Section 32-2-40 of the Official Code of Georgia Annotated, relating to the commissioner of transportation, so as to modify the term of office of the commissioner of transportation; to authorize the State Board of Transportation to select the term of the commissioner; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 32-2-40 of the Official Code of Georgia Annotated, relating to the commissioner of transportation, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 32-2-40 to read as follows: 32-2-40. (a) The commissioner of transportation shall be the chief executive officer of the department. (b) The commissioner, his successor, and each succeeding commissioner thereafter shall be selected by a vote of the majority of the total number of members of the board. At the time of said vote, the board shall stipulate the term the commissioner shall serve, and said

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commissioner shall serve during the stipulated term and until his successor is selected by the board and duly qualified. The board shall stipulate one of the following to be the term of the commissioner: (1) The commissioner shall serve at the pleasure of the board; or (2) The commissioner shall serve any term specified by the board up to and including a maximum of four years; however, the board shall not specify a term of office that extends beyond the end of the term of the Governor in office at the time the commissioner's term is scheduled to begin. (c) If the board stipulates that the commissioner shall serve under the provisions of paragraph (2) of this subsection, upon a vote of the majority of the total members of the board, the commissioner shall be subject to removal by the board for just cause after reasonable notice, copy of charge, hearing, and opportunity for presentation of evidence. In the event of a vacancy in the office of the commissioner by reason of resignation, removal, death, or permanent incapacity and inability to perform the duties of the office, the deputy commissioner shall become acting commissioner to serve until such time as the board at any regular or called meeting selects a new commissioner to fill the unexpired term of office created by such vacancy. (d) The commissioner shall qualify, upon selection, by executing a bond in the amount of $100,000.00 with a corporate surety licensed to do business in this state and payable to the Governor and his successors in office, such bond to be approved by the Governor and conditioned on the faithful discharge of his duties as commissioner. The premium of such bond shall be paid from funds of the department. (e) The commissioner shall devote full time and attention to the duties and responsibilities of his office. No person who serves as commissioner shall be eligible, except as hereinafter provided in this subsection, to qualify as a candidate in any primary, special, or general election for any state or federal elective office nor to hold any such office, except as hereinafter provided in this subsection, during the time he serves as commissioner and for a period of 12 months after the date he ceases to serve as commissioner. However, nothing contained in this subsection shall prevent the commissioner from being appointed to any other office nor disqualify him from running

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in any election to succeed himself in any office to which he was appointed nor to hold such office in the event he is elected thereto and otherwise qualified therefor; provided, however, that the commissioner shall resign as commissioner of transportation before accepting any such appointive office. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 9, 1983. COSTS OF MUNICIPAL ELECTIONS WHERE CONDUCTED BY CERTAIN COUNTIES (175,000 - 185,000). Code Section 21-3-10 Amended. No. 32 (House Bill No. 485). AN ACT To amend Code Section 21-3-10 of the Official Code of Georgia Annotated, relating to the authorization by the governing authority of certain municipalities to allow the county to conduct all municipal elections, so as to provide that the county board of elections of certain counties shall conduct all municipal elections in certain municipalities within said counties; to provide for the adjustment of responsibility for the payment of costs of an election; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Code Section 21-3-10 of the Official Code of Georgia Annotated, relating to the authorization by the governing authority of certain municipalities to allow the county to conduct all municipal elections, is amended by adding a new paragraph at the end of Code Section 21-3-10 to read as follows: 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 of 1980 or any future such census, municipal elections in any municipality having a population in excess of 40,000 according to the United States decennial census of 1980 or any future such census and lying wholly within such counties shall be conducted by the county board of elections. With reference to any such election, such municipality shall pay the county all costs incurred in conducting such elections. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1983. SUPERIOR COURT JUDGESSALARY SUPPLEMENTS CERTAIN COUNTIES (38,000 - 39,000). No. 61 (House Bill No. 756). AN ACT To provide that each county in this state having a population of not less than 38,000 and not more than 39,000 shall pay a specified supplement to the judge of superior court of the county; to provide for related matters; to provide for an effective date and a date of repeal; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . The governing authority of each county of this state which has a population of not less than 38,000 and not more than 39,000 according to the United States decennial census of 1980 or any future such census shall pay to the judge of the superior court of the county a supplement in the amount of $1,114.00 per annum. This supplement shall be paid in equal monthly installments from county funds and shall be in addition to any and all other compensation to which the judge is entitled, including without limitation any supplement provided for by local law. Section 2 . This Act shall be repealed in its entirety May 1, 1984. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1983. PROBATE JUDGESCOURT COSTS IN CERTAIN COUNTIES (38,000 - 38,200). Code Section 15-9-60 Amended. No. 89 (House Bill No. 763). AN ACT To amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation of probate judges, so as to change the amount of the court costs charged by the

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probate judges of all counties having a population of not less than 38,000 and not more than 38,200; 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 . Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation of probate judges, is amended by adding at the end of Code Section 15-9-60 a new subsection (f) to read as follows: (f) Notwithstanding the provisions of subsection (a) of this Code section, in all counties of this state having a population of not less than 38,000 nor more than 38,200 according to the United States decennial census of 1980 or any future such census, the judges of the probate courts are entitled to the court costs specified in subsection (e) of this Code section. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1983. SUPERIOR COURTSTALLAPOOSA CIRCUITTERMS. Code Section 15-6-3 Amended. No. 107 (House Bill No. 430). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of the

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judicial circuits of this state, so as to change the terms for the superior courts of the Tallapoosa 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 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of the judicial circuits of this state, is amended by striking paragraph (38) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (38) to read as follows: (38) Tallapoosa Circuit: (A) Haralson CountySecond Monday in April and September and first Monday in December. (B) Paulding CountyFirst Monday in February and third Monday in May and October. (C) Polk CountySecond Monday in January and fourth Monday in April and September. Section 2 . This Act shall become effective May 14, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1983.

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FLINT JUDICIAL CIRCUITDISTRICT ATTORNEYINVESTIGATOR PROVIDED. No. 124 (House Bill No. 820). AN ACT To provide for an investigator for the district attorney of the Flint Judicial Circuit; to provide for the compensation, powers, duties, term of office, and expenses of the investigator; 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 . The district attorney of the Flint Judicial Circuit shall be authorized to employ an investigator for the Flint Judicial Circuit. It shall be within the full power and authority of the district attorney during his term of office to designate the person who shall be employed as the investigator, to prescribe his duties and assignments, and to remove or replace such investigator at will and within his sole discretion. The investigator shall have the same power to make arrests, to execute and return all criminal warrants and processes, to serve as a peace officer, and to perform such duties as may be performed by a sheriff. The salary and any expense allowance of the investigator shall be set by agreement of the governing authorities of all the counties comprising the Flint Judicial 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. Section 3 . 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 1983 session of the General Assembly of Georgia a bill to provide for an

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investigator for the District Attorney of the Flint Judicial Circuit; to provide for certain matter relative to said position; and for other purposes. This 25th day of January, 1983. E. Byron Smith, District Attorney Georgia, Butts County. Personally appeared before me, a Notary Public within and for the above State and County, W. Herman Cawthon, who, on oath, deposes and says that he is the publisher of the Jackson Progress-Argus, which is the official organ of Butts County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following date: Jan. 26, 1983, Feb. 2, 1983, Feb. 9, 1983. /s/ W. Herman Cawthon Publisher Sworn to and subscribed before me, this 22nd day of Feb. 1983. /s/ Cindy Cook Notary Public, Butts County Georgia. My Commission Expires 11/28/86. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to provide for an

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investigator for the District Attorney of the Flint Judicial Circuit; to provide for certain matters relative to said position; and for other purposes. This 24th day of January, 1983. Kenneth R. Waldrep Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth Waldrep, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following dates: January 26, February 2, 9, 1983. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 23rd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to provide for an

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investigator for the district attorney of the Flint Judicial Circuit; to provide for certain matters relative to said position; and for other purposes. This 24th day of January, 1983. /s/ Kenneth Waldrep Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth Waldrep, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following dates: January 26, February 2, 9, 1983. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 23rd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to provide for an

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investigator for the District Attorney of the Flint Judicial Circuit; to provide for certain matter relative to said position; and for other purposes. This 24th day of January, 1983. E. Byron Smith District Attorney Affidavit of Publisher. Georgia, Lamar County. Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said County and State, Walter B. Geiger, Jr., who, having been duly sworn, deposes and says on oath that he is Publisher of The Herald Gazette, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Herald Gazette, a local newspaper of general circulation in Lamar County, Georgia on 1/26, 2/2, 2/9, 1983. This 22 day of February, 1983. /s/ Walter B. Geiger, Jr. Publisher Sworn to and subscribed before me, this 22 day of February, 1983. /s/ Priscilla McWaters Notary Public, Lamar Co., Ga. My Commission Expires November 22, 1986. (Seal). Approved March 14, 1983.

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DOUGLAS JUDICIAL CIRCUITJUDGES' SUPPLEMENT BY DOUGLAS COUNTY. No. 127 (House Bill No. 811). AN ACT To amend an Act creating the Douglas Judicial Circuit, approved March 20, 1980 (Ga. L. 1980, p. 563), as amended by an Act approved April 7, 1981 (Ga. L. 1981, p. 706), so as to change the amount of the supplement paid to the superior court judges of the Douglas Judicial Circuit from funds of Douglas County; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Douglas Judicial Circuit, approved March 20, 1980 (Ga. L. 1980, p. 563), as amended by an Act approved April 7, 1981 (Ga. L. 1981, p. 706), is amended by striking from subsection (a) of Section 2 the following: $6,000.00, and inserting in lieu thereof the following: $8,000.00, so that when so amended said subsection (a) of Section 2 shall read as follows: Section 2. (a) Each judge of said circuit shall receive such compensation and allowances as are now or hereafter provided by law. In addition to the compensation and expenses paid from state funds, each judge of the superior court of the Douglas Judicial Circuit shall receive a supplemental expense allowance of $8,000.00 per annum,

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payable in equal monthly installments from the funds of Douglas County. Any other provision of law to the contrary notwithstanding, such supplemental expense allowance paid under the provisions of this section shall not be used or included in calculating any pension, retirement, or other benefits or payments to such judge by Douglas County, nor any payments to any such judge who becomes a senior judge of the superior courts (formerly known as judge of the superior courts emeritus). Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . 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 1983 session of the General Assembly of Georgia, a bill to provide for a salary supplement for the superior court judges of the Douglas Judicial Circuit to be paid from funds of Douglas County; and for other purposes. This 15th day of January, 1983. /s/ Thomas M. Kilgore Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore, who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following dates: January 20, 27, and February 3, 1983.

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/s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 22nd day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1983. COUNTY TAX COLLECTORSAUTHORITY TO DEDUCT FROM SCHOOL TAXREPEALED. Code Section 48-5-405 Amended. No. 140 (House Bill No. 409). AN ACT To amend Code Section 48-5-405 of the Official Code of Georgia Annotated, relating to the levy and collection of tax by municipalities for maintenance of independent school systems, so as to repeal a subsection relating to the amount of deductions by county tax officials from school taxes 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; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Code Section 48-5-405 of the Official Code of Georgia Annotated, relating to the levy and collection of tax by municipalities for maintenance of independent school systems, is amended by repealing subsection (c) which reads 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., in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1983. OCMULGEE JUDICIAL CIRCUITTERMS OF COURT. Code Section 15-6-3 Amended. No. 151 (House Bill No. 194). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, so as to change the terms of court in Greene County within the Ocmulgee 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 terms of court, is amended by striking in its entirety subparagraph (B) of paragraph (28) of subsection (a) and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) Greene CountyFourth Monday in January, April, August, and November. 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 repealed. Approved March 14, 1983. COUNTY COMMISSIONERSAMOUNT OF COMPENSATION IN CERTAIN COUNTIES (550,000 OR MORE). No. 168 (Senate Bill No. 133). AN ACT To amend an Act fixing the compensation of the board of commissioners of counties having a population in excess of 500,000 according to the United States decennial census of 1970 or any future such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved April 20, 1982 (Ga. L. 1982, p. 5100), so as to change the provisions relating to the method by which compensation is changed within the limitations specified by said Act; 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 fixing the compensation of the board of commissioners of counties having a population in excess of 500,000 according to the United States decennial census of 1970 or any future such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved April 20, 1982 (Ga. L. 1982, p. 5100), 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 chairman of the board of commissioners of counties of this state having a population of 550,000 or more according to the United States census of 1970 or any future census shall be compensated in the amount not to exceed $15,000.00 per annum. The other members of said board shall be compensated in the amount not to exceed $14,000.00 per annum. The compensation of the chairman and members of said board shall be fixed within the limitations provided for herein by a budget providing for the amount of such compensation being adopted by the board of commissioners, but a change in compensation may not become effective until on or after the date the members of the board take office following a regular county election. Compensation payable hereunder shall be paid in equal monthly installments on the first day of each month out of the county treasury. 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 repealed. Approved March 14, 1983.

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ALAPAHA JUDICIAL CIRCUITTERMS OF COURT. No. 178 (House Bill No. 82). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, so as to change the terms of court of the Alapaha 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 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, is amended by striking in its entirety paragraph (1) of subsection (a), which reads as follows: (1) Alapaha Circuit: (A) Atkinson CountyThird Monday in January and October. (B) Berrien CountyThird Monday in February and November. (C) Clinch CountyFirst Monday in March and November. (D) Cook CountyFirst Monday in February and October. (E) Lanier CountySecond Monday in January and September., and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Alapaha Circuit: (A) Atkinson CountyFirst Monday in April and October.

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(B) Berrien CountyFirst Monday in February and August. (C) Clinch CountyThird Monday in March and September. (D) Cook CountySecond Monday in January and July. (E) Lanier CountyFourth Monday in April and October. Section 2 . This Act shall become effective June 1, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1983. OCMULGEE JUDICIAL CIRCUITGRAND JURIES. No. 179 (House Bill No. 195). AN ACT To provide for the drawing of grand juries in each county in the Ocmulgee Judicial Circuit and the length of terms of said grand juries; 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 judge shall draw a grand jury for the January term of the Superior Court of Baldwin County, and such grand jury so drawn shall serve for the January and April terms of said court. The judge shall draw a grand jury for the July term of the Superior Court of Baldwin County, and such grand jury so drawn shall serve for the July and October terms of said court.

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(b) The judge shall draw a grand jury for the January term of the Superior Court of Greene County, and such grand jury so drawn shall serve for the January and April terms of said court. The judge shall draw a grand jury for the August term of the Superior Court of Greene County, and such grand jury so drawn shall serve for the August and November terms of said court. (c) The judge shall draw a grand jury for the March term of the Superior Court of Hancock County, and such grand jury so drawn shall serve for the March and June terms of said court. The judge shall draw a grand jury for the September term of the Superior Court of Hancock County, and such grand jury so drawn shall serve for the September and December terms of said court. (d) The judge shall draw a grand jury for the February term of the Superior Court of Jasper County, and such grand jury so drawn shall serve for the February and May terms of said court. The judge shall draw a grand jury for the August term of the Superior Court of Jasper County, and such grand jury so drawn shall serve for the August and November terms of said court. (e) The judge shall draw a grand jury for the February term of the Superior Court of Jones County, and such grand jury so drawn shall serve for the February and April terms of said court. The judge shall draw a grand jury for the August term of the Superior Court of Jones County, and such grand jury so drawn shall serve for the August and October terms of said court. (f) The judge shall draw a grand jury for the March term of the Superior Court of Morgan County, and such grand jury so drawn shall serve for the March and June terms of said court. The judge shall draw a grand jury for the September term of the Superior Court of Morgan County, and such grand jury so drawn shall serve for the September and December terms of said court. (g) The judge shall draw a grand jury for the March term of the Superior Court of Putnam County, and such grand jury so drawn shall serve for the March and June terms of said court. The judge shall draw a grand jury for the September term of the Superior Court of Putnam County, and such grand jury so drawn shall serve for the September and December terms of said court.

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(h) The judge shall draw a grand jury for the January term of the Superior Court of Wilkinson County, and such grand jury so drawn shall serve for the January and April terms of said court. The judge shall draw a grand jury for the July term of the Superior Court of Wilkinson County, and such grand jury so drawn shall serve for the January and April terms of said court. 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 March 14, 1983. TRANSFER OF EMPLOYEES FROM CERTAIN COUNTY PROBATION DEPARTMENTS (550,000 OR MORE) TO DEPARTMENT OF OFFENDER REHABILITATIONEFFECT ON PENSION BENEFITS. Code Section 42-8-43.1 Amended. No. 183 (Senate Bill No. 123). AN ACT To amend Code Section 42-8-43.1 of the Official Code of Georgia Annotated, relating to participation of the Department of Offender Rehabilitation in the cost of certain county probation systems and the transfer of such county probation systems to the state-wide probation system, so as to provide that when an employee of a county probation system of 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 becomes an employee of the Department of Offender Rehabilitation at the same or a greater salary, the change in employment shall not constitute involuntary separation or termination from employment within the meaning of any local retirement or

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pension system of which the employee was a member at the time of such change in employment, and that the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension 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 . Code Section 42-8-43.1 of the Official Code of Georgia Annotated, relating to participation of the Department of Offender Rehabilitation in the cost of certain county probation systems and the transfer of such county probation systems to the state-wide probation system, is amended by adding at the end of said Code section a new subsection (d) to read as follows: (d) When an employee of a county probation system of 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 becomes an employee of the department pursuant to subsection (c) of this Code section at the same or a greater salary, the change in employment shall not constitute involuntary separation from service or termination of employment within the meaning of any local retirement or pension system of which the employee was a member at the time of such change in employment, and the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia, a bill to amend the Act authorizing the Board of Commissioners of Fulton County to establish Rules and Regulations governing the payment of pensions

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to County employees of said County, approved March 3, 1939 (Ga. L. 1939, p. 5719), and for other purposes. This 21st day of December, 1982. John Tye Ferguson Assistant County Attorney Fulton County Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 23rd, 30th days of December, 1982, and on the 6th days of January, 1983. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 11th day of January, 1983. /s/ Judith L. Bray Notary Public, Georgia State at Large. My Commission Expires Nov. 30, 1985. (Seal). Approved March 14, 1983.

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STATE CONSTRUCTION INDUSTRY LICENSING BOARD CREATEDPOWERS, ETC. Code Title 43, Chapter 14 Reenacted. No. 184 (House Bill No. 460). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to delete Chapter 14 thereof, relating to electrical contractors, plumbers, and conditioned air contractors, and reenact a new Chapter 14, relating to electrical contractors, plumbers, and conditioned air contractors; to provide for purpose; to provide for definitions; to provide for the State Construction Industry Licensing Board and the organization, powers, and duties thereof; to provide for members' appointments, removals, oaths, forfeitures of membership, and reimbursement; to provide for divisions within the board and the organization, powers, and duties of the division; to provide for powers and duties of the joint-secretary; to provide for licensing and certification requirements for persons and business entities engaged in certain business regulated by the board; to provide for administration of the chapter; to provide for injunctive relief; to provide for disciplinary sanctions; to provide for construction of the chapter regarding fees and taxes and regarding powers of state departments or agencies; to provide for applicability; to provide for exceptions; to provide a penalty; to provide for termination of the board and repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 14 thereof, relating to electrical contractors, plumbers, and conditioned

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air contractors, and inserting in its place a new Chapter 14 to read as follows: CHAPTER 14 43-14-1. This chapter is enacted for the purpose of safeguarding homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe electrical, plumbing, or conditioned air installations. The practice of electrical contracting; plumbing contracting, installing, or repairing; and conditioned air contracting are declared to be businesses or professions affecting the public interest; and this chapter shall be liberally construed so as to accomplish the purposes stated in this Code section. 43-14-2. As used in this chapter, the term: (1) `Board' means the State Construction Industry Licensing Board. (2) `Certificate of competency' means a valid and current certificate issued by the Division of Electrical Contractors created in Code Section 43-14-3, which certificate shall give the named electrical contractor to which it is issued authority to engage in electrical contracting of the kind described therein. Certificates of competency shall be of two kinds, Class I and Class II, according to the classification of license held by the electrical contractor. (3) `Conditioned air contracting' means the installation, repair, or service of conditioned air systems or conditioned air equipment. (4) `Conditioned air contractor' means an individual who is engaged in conditioned air contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform conditioned air contracting services under express or implied contract. The term `conditioned air contractor' shall not include a person who is an employee of a conditioned air contractor and who receives only a salary or hourly wage for performing conditioned air contracting work. (5) `Conditioned air equipment' means heating and airconditioning equipment covered under state codes.

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(6) `Electrical contracting' means the installation, maintenance, alteration, or repair of any electrical equipment, apparatus, control system, or electrical wiring device which is attached to or incorporated into any building or structure in this state. (7) `Electrical contractor' means any person who engages in the business of electrical contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform electrical contracting services under express or implied contract. The term `electrical contractor' shall not include a person who is an employee of an electrical contractor and who receives only a salary or hourly wage for performing electrical contracting work. (8) `Executive director' means the executive director of the State Construction Industry Licensing Board. (9) `Journeyman plumber' means any person other than a master plumber who has practical knowledge of the installation of plumbing and installs plumbing under the direction of a master plumber. (10) `License' means a valid and current certificate of registration issued by a division of the board, which certificate shall give the named person to whom it is issued authority to engage in the activity prescribed thereon. (11) `Master plumber' means any individual engaging in the business of plumbing under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform plumbing contracting services under express or implied contract. (12) `Plumbing' means the practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, or public or private water supply systems within or adjacent to any building, structure, or conveyance. The term `plumbing' also includes the practice of and materials used in installing, maintaining, extending, or altering the storm water or sewerage and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal.

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43-14-3. (a) The State Construction Industry Licensing Board existing immediately prior to the effective date of this chapter is abolished upon that effective date, and the terms of all members thereof shall expire upon the effective date of this chapter. (b) There is created within the executive branch of state government the State Construction Industry Licensing Board. The board shall be assigned to the Secretary of State's office for administrative purposes and shall be under the jurisdiction of the joint-secretary. (c) The board shall be composed of 17 members as follows: (1) Five members known as the Division of Electrical Contractors, one of whom shall be a consulting engineer engaged in electrical practice, another of whom shall be the chief electrical inspector of a county or municipality and shall have served in such office for five years immediately preceding his appointment, and the remaining three of whom shall be engaged in the electrical contracting business; (2) Five members known as the Division of Master Plumbers and Journeyman Plumbers, one of whom shall be a fulltime plumbing inspector of a county or municipality, three of whom shall be master or contracting plumbers, and one of whom shall be a journeyman plumber; (3) Five members known as the Division of Conditioned Air Contractors, two of whom shall be licensed professional engineers, two of whom shall be conditioned air contractors with more than five years of installation and service experience in the trade, and one of whom shall be both an experienced, licensed professional engineer and a conditioned air contractor; and (4) Two members who shall not have any connection with the electrical contracting, plumbing, or conditioned air contracting businesses whatsoever but who shall have a recognized interest in consumer affairs and consumer protection concerns. (d) All members shall be appointed by the Governor, subject to confirmation by the Senate, for initial terms beginning upon the effective date of this chapter and ending June 30, 1987. After these initial terms, successors shall be appointed by the Governor, subject to confirmation by the Senate, for terms of four years beginning July 1 of the year in which the incumbent members' terms expire.

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(e) A member shall serve until his successor has been duly appointed and qualified. (f) The Governor shall make appointments to fill the unexpired portions of any terms vacated for any reason. In making such appointments, the Governor shall preserve the composition of the board as required by this chapter. Members shall be eligible for reappointment. (g) Any appointive member who, during his term, shall cease to meet the qualifications for original appointment shall thereby forfeit his membership on the board. (h) Each member of the board shall take an oath of office before the Governor that he will faithfully perform the duties of his office. (i) The Governor may remove any member for failure to attend meetings, neglect of duty, incompetence, revocation or suspension of professional trade license, or other dishonorable conduct. (j) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. 43-14-4. (a) Within 30 days after the appointment of the initial members of the board, such board shall hold its initial meeting at the call of the Governor and shall elect from its membership a chairman who shall serve for an initial term of office ending June 30, 1985. Successors to the chairman shall serve for a term of office of two years. (b) The office of chairman shall be rotated among the three divisions enumerated in Code Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairman shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the previous chairman. Any member elected chairman may succeed himself to such office. (c) The board shall meet at the call of the chairman or upon the recommendation of a majority of its members. (d) Except for the initial chairmen as provided for in Code Section 43-14-3 to serve through June 30, 1985, each division within

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the board shall also elect from its membership a chairman who shall serve for a term of two years. Any vacancy in the office of chairman shall be filled by one of the members for the unexpired term. (e) Any member elected chairman of a division may succeed himself to such office. (f) Each division shall carry out its powers and duties provided for in this chapter with the assistance of the executive director and his staff. (g) The divisions shall meet at the call of the chairman. (h) Three members of each division shall constitute a quorum for the transaction of business of such division. 43-14-5. The board shall have the power to: (1) Request from the various state departments and other agencies and authorities of the state and its political subdivisions and their agencies and authorities such available information as it may require in its work; and all such agencies and authorities shall furnish such requested available information to the board within a reasonable time; (2) Provide by regulation for reciprocity with other states in the registration and licensing of electrical contractors, master plumbers, journeyman plumbers, or conditioned air contractors, provided that such other states have requirements substantially equal to the requirements in force in this state for registration and licensure; provided, further, that a similar privilege is offered to residents of this state; (3) Adopt an official seal for its use and change it at pleasure; (4) Establish the policies for regulating the businesses of electrical contracting, plumbing, and conditioned air contracting; and (5) Promulgate and adopt rules and regulations necessary to carry out this chapter.

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43-14-6. (a) The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to engage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers; and the Division of Conditioned Air Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air contracting, shall: (1) Examine all applicants for licenses to practice the profession. Examinations shall be prepared in such a manner as to test the knowledge, skill, and efficiency of the applicants; and such examinations shall be based on the applicable state minimum standard codes; (2) Subject to this paragraph, prepare examinations within the state at least twice each year and grade such applicants taking the examinations. The Division of Electrical Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical installations which do not exceed 200 amperes, and Class II licenses shall be unrestricted. The Division of Master Plumbers and Journeyman Plumbers shall prepare separate examinations for master plumber Class I, master plumber Class II, and journeyman plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwellings designed for not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. The Division of Conditioned Air Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted; (3) Register and license and issue renewal licenses biennially to all persons meeting the qualifications for a license. The following licenses shall be issued by the divisions: (A) Electrical Contractor Class I;

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(B) Electrical Contractor Class II; (C) Master Plumber Class I; (D) Master Plumber Class II; (E) Journeyman Plumber; (F) Conditioned Air Contractor Class I; and (G) Conditioned Air Contractor Class II; (4) Investigate, with the aid of the joint-secretary, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession; (5) After notice and hearing, have the power to reprimand any person or licensee, or to suspend, revoke, or cancel the license or certificate of competency of or refuse to grant, renew, or restore a license or certificate of competency to any person or licensee upon any one of the following grounds: (A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license requirements of this chapter or the rules and regulations of the board; (B) Failure at any time to comply with the requirements for a license under this chapter; (C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the licensee unsafe or unfit to practice his profession licensed under this chapter; (D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public; (E) Knowingly performing any act which in any way assists an unlicensed person to practice his profession; (F) Violating, directly or indirectly, or assisting in or abetting any violation of any provision of this chapter or any rule or regulation of the board; or

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(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the standards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, or conditioned air work; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked; (6) Review amendments to or revisions in the state minimum standard codes as prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Community Affairs shall be required to provide to the joint-secretary a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and (7) Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter. (b) The Division of Electrical Contractors may also provide, by rules and regulations, for the issuance of certificates of competency pertaining to financial responsibility and financial disclosure; provided, however, that such rules and regulations are adopted by the board. The division shall issue certificates of competency and renewal certificates to persons meeting the qualifications therefor. (c) The divisions mentioned in subsection (a) of this Code section shall also hear appeals resulting from the suspension of licenses by an approved municipal or county licensing or inspection authority pursuant to Code Section 43-14-12. 43-14-7. (a) All orders and processes of the board and the divisions of the board shall be signed and attested by the joint-secretary; and any notice or legal process necessary to be served upon the board or the divisions may be served upon the joint-secretary. (b) The joint-secretary or his designee is vested with the power and authority to make such investigations in connection with the

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enforcement of this chapter and the rules and regulations of the board as he, the board, the divisions of the board, or any district attorney may deem necessary or advisable. 43-14-8. (a) No person shall engage in the electrical contracting business as an electrical contractor unless such person has a valid license from the Division of Electrical Contractors and a certificate of competency, if such certificates are issued by the division pursuant to subsection (b) of Code Section 43-14-6. (b) (1) No person shall engage in the business of plumbing as a master plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers. (2) No person shall engage in the business of plumbing as a journeyman plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers. (c) No person shall engage in the business of conditioned air contracting as a conditioned air contractor unless such person has a valid license from the Division of Conditioned Air Contractors. (d) Notwithstanding any other provision of this chapter, prior to and including Septermber 30, 1983, the following persons, desiring to qualify under the provisions stated in this subsection, shall be issued a state-wide license without restriction by the appropriate division of the State Construction Industry Licensing Board, provided that such individual submits proper application and pays or has paid the required fees and is not otherwise in violation of this chapter: (1) Any individual holding a license issued by the State Construction Industry Licensing Board, prior to the effective date of this chapter; (2) Any individual holding a license issued by the State Board of Electrical Contractors, the State Board of Examiners of Plumbing Contractors, or the State Board of Warm Air Heating Contractors; (3) Any individual holding a license to engage in such vocation issued to him by any governing authority of any political subdivision; and

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(4) Any individual who has successfully and efficiently engaged in such vocation in a local jurisdiction, which did not issue local licenses, for a period of at least two consecutive years immediately prior to the time of application. To prove that he has successfully engaged in said vocation, the individual shall only be required to give evidence of three successful jobs completed over such period. Such applicant shall swear before a notary public that such evidence is true and accurate prior to its submission to the division. (e) The decision of the division as to the necessity of taking the examination or as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, or corporations desiring to engage in such vocation after September 30, 1983, shall take the examination and qualify under this chapter before engaging in such vocation or business, including such vocation at the local level. (f) No partnership or corporation shall have the right to engage in the business of electrical contracting unless there is regularly connected with such partnership or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter. (g) No partnership or corporation shall have the right to engage in the business of plumbing unless there is regularly connected with such partnership or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses for master plumbers issued to them as provided in this chapter. (h) No partnership or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter. (i) It shall be the duty of all partnerships and corporations qualified under this chapter to notify the appropriate division immediately of the severance of connection with such partnership or corporation of any person or persons upon whom such qualification rested.

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(j) All applicants for examinations and licenses provided for by this chapter and all applicants for renewal of licenses under this chapter shall be required to fill out a form which shall be provided by each division, which form shall show whether or not the applicant is an individual, partnership, or corporation and, if a partnership or corporation, the names and addresses of the partners or the names and addresses of the officers, when and where formed or incorporated, and such other information as the boar or each division may require. All forms of applications for renewal of licenses shall also show whether or not the applicant, if it is a partnership or corporation, still has connected with it a duly qualified person holding a license issued by the division. (k) The board shall notify each local governing authority of the provisions of this chapter relating to licensure, especially the provisions of subsection (d) of this Code section. The board shall notify such governing authorities that after September 30, 1983, any person desiring a license to engage in a profession covered by this chapter shall be required to pass an examination as provided in this chapter. 43-14-9. Every person holding a license issued by a division of the board shall display it in a conspicuous manner at his place of business. 43-14-10. This chapter shall be administered in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 43-14-11. Whenever it shall appear to a division of the board or to the executive director, or to a county or municipal inspection authority that any person is or has been violating this chapter or any of the lawful rules, regulations, or orders of the board, the division of the board, the local inspection authority, or the appropriate prosecuting attorney may file a petition for an injunction in the proper superior court of this state against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy which the board has and shall be in addition to any right of criminal prosecution provided for by law. 43-14-12. Any municipal or county inspection authority which meets the standards established by the board shall be authorized, after notice and hearing, to suspend the license or certificate of

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competency of, or refuse to restore a license or certificate of competency to, any person or licensee upon the grounds set out in paragraph (5) of subsection (a) of Code Section 43-14-6; provided, however, that such suspension of a license by a local inspection authority shall be applicable only within the jurisdiction of such local authority. Any person aggrieved by an action of a local authority shall be entitled to an appeal to the appropriate division of the board and shall be entitled to a hearing. 43-14-13. No provision of this chapter shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any license fee, registration fee, tax, or gross receipt tax on any related business or on anyone engaged in any related business governed by this chapter. 43-14-14. Nothing in this chapter shall repeal or be construed as abrogating or otherwise affecting the power of any state department or agency to promulgate regulations, make inspections, or approve plans in accordance with any other applicable law. 43-14-15. (a) This chapter shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical systems within or on public or private buildings, structures, or premises except as otherwise provided in this Code section. (b) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical services up to and including the meters where such work is performed by or is an integral part of the system owned or operated by a public service corporation or the electrical, water, or gas department of any municipality in this state, in rendering its duly authorized service as such. (c) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems where such work is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, pipeline company, mining company, or public utility or municipal utility in the exercise of its normal functions as a public utility or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry.

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(d) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing fixtures, air-conditioning and heating, air-conditioning and heating fixtures, or electrical services in a single-family dwelling owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board. (e) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, or electrical services in a farm or ranch building owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board. (f) This chapter shall not prohibit an individual employed on the maintenance staff of a facility owned by the state or by a county, municipality, or other political subdivision from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, or electrical services when such work is an integral part of the maintenance requirements of the facility; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board. (g) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, or electrical services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections. 43-14-16. (a) This chapter shall not apply to: (1) The installation, construction, or maintenance of power systems for the generation and distribution of electric current constructed under the National Electrical Safety Code, which regulates the safety requirements of utilities; but the interior wiring regulated by the National Electrical Safety Code would not be exempt and must be done by an electrical contractor; (2) The installation, construction, maintenance, or repair of telephone or signal systems by or for public utilities or their corporate affiliates when such work pertains to the services furnished by such public utilities; or

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(3) Any technician employed by a municipal or county-franchised community antenna television (CATV) system or a municipally owned community antenna television system in the performance of work on the system. (b) This chapter shall not apply to public utility corporations operating under the supervision of the Georgia Public Service Commission. (c) This chapter shall not apply to any individual owner or lessee performing plumbing or related services upon residential property owned or leased by him and at which he resides. (d) This chapter shall not apply to regular, full-time employees of an institution, manufacturer, or business which performs plumbing, electrical, or conditioned air work unless the employer is engaged in the practice of plumbing, electrical, or conditioned air contracting. Such employees are only exempt when working on the premises of that employer. (e) Any person who holds a license issued to him under this chapter may engage in the business of plumbing, electrical contracting, or conditioned air contracting, but only as prescribed by the license, throughout this state; and, except as provided in Code Section 43-14-3, no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county. (f) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, or electrical services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections. (g) This chapter shall not apply to manufactured housing service personnel who: (1) Couple the electrical connection from the service entrance panel outside the manufactured housing to the distribution panel board inside the manufactured housing;

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(2) Connect the exterior sewer outlets to the above-ground sewer system; or (3) Connect the exterior water line to the above-ground water system. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections. (h) This chapter shall in no way prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level. 43-14-17. Any person violating this chapter shall be guilty of a misdemeanor. 43-14-18. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Construction Industry Licensing Board shall be terminated on July 1, 1989, 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 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 repealed. Approved March 14, 1983.

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EASEMENT TO MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY. No. 2 (Senate Resolution No. 6). A RESOLUTION Granting a temporary easement for construction purposes only and a perpetual easement for maintenance and operation of a sanitary sewer line across, over, and under property in Bibb County owned by the State of Georgia; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Land Lot 30, Fourth Land District of Bibb County which is presently being utilized as a county correctional institution; and WHEREAS, the Macon-Bibb County Water and Sewerage Authority desires to extend a sanitary sewer line across, over, and under the property; and WHEREAS, this extension of utility services across, over, and under the property will be economically beneficial to both the State of Georgia and the Macon-Bibb County Water and Sewerage Authority. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that for and in consideration of the premises and the payment into the general treasury of the State of Georgia the sum of $10.00, the State Properties Commission acting for and on behalf of the State of Georgia is authorized to grant to the Macon-Bibb County Water and Sewerage Authority, its successors and assigns, a temporary easement and right of way for initial construction only and a perpetual easement for the maintenance and operation of a sanitary sewer line across, over, and under a strip of land hereinafter described for the purpose of constructing, laying, maintaining, operating, repairing, replacing, and making additions, extensions, improvements and betterments to a sanitary sewer line with all necessary manholes and adjuncts thereto; together with the right of ingress and egress over said easements and rights of way, and ingress and egress over adjacent lands of the State of Georgia to said rights of way for the aforesaid purposes; and with the unrestricted

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right in said authority, its successors and assigns, to remove and keep clear of said permanent right of way, and the temporary right of way for initial construction purposes only, all trees and bushes of any kind or nature, all buildings, structures, and other obstructions, from time to time, that may in the judgment of said authority, its successors and assigns, in any manner interfere with the fulfillment or enjoyment of the aforesaid rights, easements, and privileges; and with the further right to remove any building, structure, or other obstruction that might hereinafter be placed on said permanent easement, or temporary easement during the aforesaid construction period, that may in the judgment of said authority, its successors and assigns, in any manner interfere with the fulfillment and enjoyment of the aforesaid rights, powers, and privileges. The property subject to said easement is more particularly described as follows: TRACT OR PARCEL NO. 1. The area affected by the permanent easement is described as follows: Being a strip of land 12 and 1/2 feet on either side of the center line thereof, said center line being located and described as follows: BEGINNING at a point on the dividing line between property of the State of Georgia and that of T. Z. Standard, et al, in Land Lot 30 of said District which point is 712.2 feet measured North 89 30' 30 West along said dividing line from a point on the line dividing Land Lots 30 and 47, said District, which said last mentioned point is 1761.7 feet North 0 28' 05 East from the corner common to Land Lots 29, 30, 47, and 48 of said District. From said beginning point thence South 34 30' 00 East a distance of 190.65 feet; thence South 17 43' 00 West a distance of 352.25 feet; thence South 0 31' 05 East a distance of 227.4 feet; thence South 50 46' 05 East a distance of 242.8 feet to a point. The temporary easement as to this tract embraces an area 40 feet on either side of said described center line. TRACT OR PARCEL NO. 2. The permanent easement encompasses an area 12 and 1/2 feet on either side of the center line thereof, which is described as follows: BEGINNING at the next to last point mentioned above which was described as being a point measured South 0 31' 05 East a distance of 227.4 feet from the previous point, and from said beginning point thence South 30 20' 00 West a distance of 574.6 feet to Hunnicutt Road. The area affected by the temporary easement as to this Tract embraces a strip of land 25 feet on either side of said described center line. A plat delineating said easement strips is on record in the Clerk's Office, Superior Court of Bibb County, Georgia in Plat Book 65, Folio 47, which by reference is made a part hereof for description purposes.

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After the authority has constructed and put into use the sanitary sewer line for which these easements are granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all of the rights, title, privileges, powers, and easements granted as to the portion or portions so abandoned. Upon abandonment, the grantee, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, its successors or assigns. After such facilities have been placed in use, a complete cessation of the use thereof for a continuous period of 180 consecutive days, for the purpose for which the easements are granted, shall constitute abandonment to such portion as to which there is such a cessation of use. Prior to the initial construction and operation of the facilities, a mere nonuse of the easements for any period of time shall not be construed as evidence of abandonment. No title is conveyed to said authority and except as herein specifically granted to said authority all rights, title, and interest in and to said land is reserved in the State of Georgia and said state may make any use of said land not inconsistent with or detrimental to the rights, privileges, and interest conveyed. Approved March 15, 1983. HONORABLE RICHARD A. DENT PORTRAIT. No. 3 (Senate Resolution No. 49). A RESOLUTION Authorizing the placing of a portrait of Honorable Richard A. Dent in the State Capitol Building; and for other purposes. WHEREAS, Honorable Richard A. Dent served the people of Augusta, Richmond County, and the State of Georgia as a member of

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the House of Representatives beginning in 1967, and his responsiveness to his constituency was reflected in his 16 years of continuous service as a member of the House of Representatives; and WHEREAS, Representative Dent contributed greatly to the substance and tone of legislative deliberations throughout his service as a member of the Committee on Highways and the Committee on Ways and Means, and he provided unselfish leadership as the chairman of the Committee on Human Relations and Aging and as chairman of the Richmond County delegation; and WHEREAS, Representative Dent had a lasting influence on those who were privileged to serve in the General Assembly with him, and his quiet style and strong dedication to the public welfare, to the causes in which he believed, and to his religious principles provided guidance to others and rightfully brought him the admiration and respect of his colleagues; and WHEREAS, Richard A. Dent also served our nation admirably as a delegate to the 1968 National Democratic Convention and as one of President Carter's appointees to the Human Rights Commission and contributed wisdom and sensitivity to these challenges; and WHEREAS, Honorable Richard A. Dent truly made the State of Georgia a better place in which to live, and it is only fitting that such an outstanding statesman and gracious gentleman be recognized posthumously for his many years of dedicated public service to the State of Georgia and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body expresses deepest regrets at the passing of Honorable Richard A. Dent and recognizes his outstanding and dedicated public service by directing that a portrait of Honorable Richard A. Dent be placed at an appropriate location on the third or the fourth floor of the State Capitol Building with the location of such portrait to be selected by the Governor, President of the Senate and the Speaker of the House of Representatives. BE IT FURTHER RESOLVED that the Secretary of the Senate is instructed to transmit an appropriate copy of this resolution to the family of Honorable Richard A. Dent. Approved March 15, 1983.

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ATHLETIC TRAINERSLICENSING. Code Title 43, Chapter 5 Amended. No. 185 (House Bill No. 66). AN ACT To amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Athletic Trainers, so as to provide for licensure for certain persons who do not otherwise meet licensure requirements; to provide for the continuation of the board and the laws relating thereto but to provide for the later termination of that board and those laws; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Athletic Trainers, is amended by adding at the end of Code Section 43-5-9, relating to application for licensure, a new subsection (c) to read as follows: (c) Any person actively engaged as an athletic trainer on March 30, 1977, shall be issued an athletic trainer's license if that person makes application therefor no later than July 1, 1983, submits proof of five years of experience as an athletic trainer within the preceding ten-year period, and pays the license fee required by this chapter. Section 2 . Said chapter is further amended by striking Code Section 43-5-15, relating to termination of the board, and inserting in its place a new Code Section 43-5-15 to 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

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of Regulatory Agencies,' the Georgia Board of Athletic Trainers shall be terminated on June 30, 1989, 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 . 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 15, 1983. RAILROAD COMPANIESSHAREHOLDERS' ANNUAL MEETINGS. Code Title 46, Chapter 8 Amended. No. 186 (House Bill No. 70). AN ACT To amend Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to railroad companies, so as to authorize annual meetings of shareholders to be held anywhere within or without the state; to authorize the transaction of business by shareholders to be accomplished at meetings or by unanimous written consent; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to railroad companies, is amended by striking subsection (d) of Code Section 46-8-46, relating to meetings of shareholders generally, which reads as follows:

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(d) The regular election for directors shall be held annually at the principal office of the company., and substituting in lieu thereof a new subsection (d) to read as follows: (d) The regular election for directors shall be held annually, and, unless the bylaws otherwise provide, the meeting at which such elections are held may be held within or without the state. Section 2 . Said chapter is further amended by striking Code Section 46-8-49, relating to actions by boards or of committees thereof, in its entirety and inserting in lieu thereof a new Code Section 46-8-49 to read as follows: 46-8-49. (a) Unless otherwise provided by the charter or bylaws, any action required by this title to be taken by a railroad company at a meeting of the directors of the corporation, or any action which may be taken at a meeting of the directors or of a committee thereof, may be taken without a meeting if written consent setting forth the action so taken is signed by all the directors, or all the members of the committee, as the case may be, and filed with the minutes of the proceedings of the board or of the committee. Such consent shall have the same force and effect as a unanimous vote and may be stated as such in any articles or any document filed with any official of the state under this title. (b) Unless otherwise provided by the charter or bylaws, any action required by the shareholders of a railroad company or any committee thereof may be taken at a meeting of the shareholders. Any action which may be taken at a meeting of the shareholders or by a committee thereof may be taken without a meeting if written consent setting forth the action so taken is signed by all the shareholders or all the members of the committee, as the case may be, and filed with the minutes of the proceedings of the shareholders or committee. Such consent shall have the same force and effect as a unanimous vote and may be stated as such in any articles or documents filed with any official of this state under this title. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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PERMITS FOR EMERGENCY VEHICLES. Code Section 40-8-92 Amended. No. 187 (House Bill No. 81). AN ACT To amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles and the use of flashing or revolving lights, so as to provide that permits for emergency vehicles belonging to governmental agencies shall be valid for five years; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles and the use of flashing or revolving lights, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) All emergency vehicles shall be designated as such by the Board of Public Safety. The board shall so designate each vehicle by issuing to such vehicle a permit to operate flashing or revolving emergency lights of the appropriate color. Such permit shall be valid for one year from the date of issuance; provided, however, that permits for vehicles belonging to federal, state, county, or municipal governmental agencies shall be valid for five years from the date of issuance. 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 repealed. Approved March 15, 1983.

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FIREARMSDISCHARGE ON SUNDAY. Code Section 16-11-105 Amended. No. 188 (House Bill No. 96). AN ACT To amend Code Section 16-11-105, relating to the discharge of firearms on Sunday, so as to allow the discharge of firearms on Sunday under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 16-11-105, relating to the discharge of firearms on Sunday, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-11-105 to read as follows: 16-11-105. (a) It shall be unlawful for any person willfully or wantonly to fire or discharge a firearm on Sunday. (b) This Code section shall not apply to: (1) Persons who fire or discharge a firearm in defense of person or property; (2) Law enforcement officers; (3) Persons who fire or discharge a firearm at a firing range approved and supervised by representatives of a local, state, or national gun club; (4) Any landowner on his own land nor to any member of the immediate family, guest, invitee, or lessee of the property owner; or (5) Any person hunting on publicly owned land when the administering agency has opened such land to public hunting.

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(c) Any person who violates subsection (a) of this Code section is guilty of a misdemeanor. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. DEPARTMENT OF LABORSUPPLEMENTARY APPROPRIATION. No. 189 (House Bill No. 119). AN ACT To provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Sections 34-8-102 and 34-8-81 of the Official Code of Georgia Annotated, relating to employment security, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property; to

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authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is appropriated to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $685,715.65. Of said additional amount, the sum of $685,715.65 is authorized to be allocated for expenses incurred in the administration of the Employment Security Law, as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provisions of this section, the amount appropriated in this Act shall not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to employment security, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to employment security, provided that said additional funds shall not be obligated for expenditure, as provided in this Act, after the close of the two-year period which begins on the date of enactment of this Act. Section 2 . The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure

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for use in such locations in this state as he finds to be economical and desirable, such money as authorized in this Act and in Code Sections 34-8-81 and 34-8-102 of the Official Code of Georgia Annotated, relating to employment security and, in the manner and for the purposes authorized in this Act, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts or buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use by the Employment Security Agency in said Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this state's applicable laws existing on the effective date of this Act. Section 3 . If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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CRIMINAL PROCEDUREBAILABLE OFFENSES. Code Title 17, Chapters 6 and 7 Amended. No. 190 (House Bill No. 135). AN ACT To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that certain offenses will not be bailable; to delete provisions for the mandatory setting of bail if the accused is not tried at the term at which the indictment is found upon demand for trial being made; 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 in its entirety subsection (c) of Code Section 17-6-1, relating to persons before whom offenses bailable, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Except for persons charged with crimes provided for under subparagraph (H) of paragraph (2) of subsection (b) of this Code section, any person who is not entitled to bail as provided in subsection (b) of this Code section 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) of this Code section 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

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(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) of this Code section or the prosecuting attorney is aggrieved by a decision of the court, such order may be appealed. Section 2 . Said title is further amended by striking in its entirety Code Section 17-6-13, relating to bail as a matter of right, and inserting in lieu thereof a new Code Section 17-6-13 to read as follows: 17-6-13. Except as otherwise provided in this chapter, each person who is entitled to bail under this article shall be permitted one bail for the same offense as a matter of right. Subsequent bails shall be in the discretion of the court. Section 3 . Said title is further amended by striking in its entirety subsection (b) of Code Section 17-7-171, relating to procedures regarding a demand for trial by a person accused of a capital offense, and inserting in lieu thereof a new subsection (b) to read as follows: (b) If more than two regular terms of court are convened and adjourned after the term at which the demand is filed and the defendant is not given a trial, then he shall be absolutely discharged and acquitted of the offense charged in the indictment, provided that at both terms there were juries impaneled and qualified to try the defendant and provided further that the defendant was present in court announcing ready for trial and requesting a trial on the indictment. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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SUMMONS OF GARNISHMENTANSWER. Code Section 18-4-62 Amended. No. 191 (House Bill No. 149). AN ACT To amend Code Section 18-4-62 of the Official Code of Georgia Annotated, relating to summons of garnishment and answers generally, so as to provide that in certain cases the garnishee may immediately answer a summons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 18-4-62 of the Official Code of Georgia Annotated, relating to summons of garnishment and answers generally, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 18-4-62 to read as follows: 18-4-62. (a) The summons of garnishment shall be directed to the garnishee, commanding him to file an answer stating what money or other property is subject to garnishment. Except as provided in subsection (b) or (c) of this Code section, the answer must be filed with the court issuing the summons not sooner than 30 days and not later than 45 days after the service of the summons and must be accompanied by the money or other property subject to garnishment. Upon the affidavit and summons being delivered to the sheriff, marshal, constable, or like officer of the court issuing the summons, it shall be his duty to serve the summons of garnishment upon the person to whom it is directed and to make his entry of service upon the affidavit and return the affidavit to the court. The summons of garnishment shall state that, if the garnishee fails to answer the summons, a judgment by default will be entered against the garnishee for the amount claimed by plaintiff against the defendant. (b) Under circumstances where the defendant has been an employee of the garnishee, and if the defendant is no longer employed by the garnishee, and if the garnishee has no money or property of the defendant subject to garnishment, the garnishee may immediately file an answer; however, such answer shall be filed not later than 45 days after the service of the summons.

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(c) If the garnishee is a bank or other financial institution and if the defendant does not have an active account with, and is not the owner of any money or property in the possession of, the bank or financial institution then the garnishee may immediately file an answer; however, such answer shall be filed not later than 45 days after the service of the summons. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. LOCAL GOVERNMENT INVESTMENT POOLDEFINITION OF AGENCIES AUTHORIZED TO UTILIZE SAME. Code Section 36-83-3 Amended. No. 192 (House Bill No. 242). AN ACT To amend Code Section 36-83-3 of the Official Code of Georgia Annotated, relating to definitions regarding the local government investment pool, so as to change a definition in order to authorize certain departments, agencies, and boards of political subdivisions to utilize the investment pool; 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 36-83-3 of the Official Code of Georgia Annotated, relating to definitions regarding the local government investment pool, 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) `Local government' means any municipality, county, school district, special district, or other political subdivision of this state, as well as any department, agency, or board of that political subdivision, including but not limited to a public library, which has been authorized to make separate deposits to its own account under this chapter by the governing authority of the political subdivision of which it is a department, agency, or board. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. MANUFACTURED HOMESINSPECTION AND MANUFACTURING FEES. Code Section 8-2-135 Amended. No. 193 (House Bill No. 287). AN ACT To amend Code Section 8-2-135 of the Official Code of Georgia Annotated, relating to licenses for manufactured homes, so as to provide for a change in manufacturing fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 8-2-135 of the Official Code of Georgia Annotated, relating to licenses for manufactured homes, is amended by striking subsection (f) of said Code section and inserting in lieu thereof a new subsection (f) to read as follows:

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(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 for each manufactured home manufactured in Georgia, irrespective of whether the manufactured home is offered for sale in this state. This manufacturing fee shall be applied as follows: $12.00 for each singlewide unit; $15.00 for each double-wide unit, with two transportable sections; and $25.00 for each triple-wide unit, with three transportable sections. For any reinspection, $8.00 additional fee shall be charged. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. CRIME OF SHOPLIFTING DEFINED. Code Section 16-8-14 Amended. No. 194 (House Bill No. 299). AN ACT To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to crimes of theft, so as to change the definition of the crime of shoplifting; 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 8 of Title 16 of the Official Code of Georgia Annotated, relating to crimes of theft, is amended by

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striking in its entirety subsection (a) of Code Section 16-8-14, relating to theft by shoplifting, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A person commits the offense of theft by shoplifting when he alone or in concert with another person, with the intent of appropriating merchandise to his own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following: (1) Conceals or takes possession of the goods or merchandise of any store or retail establishment; (2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment; (3) Transfers the goods or merchandise of any store or retail establishment from one container to another; (4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or (5) Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise. 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 repealed. Approved March 15, 1983.

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STATE MERIT SYSTEMDEFINITION OF COVERED EMPLOYEES. Code Section 45-20-2 Amended. No. 195 (House Bill No. 320). AN ACT To amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Merit System of Personnel Administration, so as to provide that the director of the State Forestry Commission shall not be included in the classified service; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Merit System of Personnel Administration, is amended by striking paragraph (2) and inserting in its place a new paragraph to read as follows: (2) `Classified service' includes all employees of state departments as defined in this Code section; all employees of local departments of health and county departments of family and children services; local employees of the Department of Defense as defined by law; the director of the Personnel Division of the Department of Administrative Services; the official of the Department of Human Resources in charge of vocational rehabilitation; the director of the Environmental Protection Division of the Department of Natural Resources; but those officers and employees excluded by this article shall not be included. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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HERITAGE TRUST COMMISSIONLIFE EXTENDED. Code Section 12-3-73 Amended. No. 196 (House Bill No. 353). AN ACT To amend Part 2 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Heritage Trust Program, so as to extend the life of the Heritage Trust Commission until July 1, 1988; 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 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Heritage Trust Program, is amended by striking subsection (d) of Code Section 12-3-73, relating to the Heritage Trust Commission generally, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) The Heritage Trust Commission shall cease to exist on July 1, 1988, unless the General Assembly extends the life thereof. After July 1, 1988, or any later date set by the General Assembly for the expiration of the life of the Heritage Trust Commission, the functions thereof, as set forth in this part, shall be assumed and carried on by the board. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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DEPARTMENT OF PUBLIC SAFETYISSUANCE OF FREE IDENTIFICATION CARDS TO CERTAIN PERSONS. Code Section 40-5-103 Amended. No. 197 (House Bill No. 355). AN ACT To amend Code Section 40-5-103 of the Official Code of Georgia Annotated, relating to fees collected by the Department of Public Safety for issuing identification cards, so as to provide that the department shall not be authorized to collect a fee from certain persons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 40-5-103 of the Official Code of Georgia Annotated, relating to fees collected by the Department of Public Safety for issuing identification cards, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 40-5-103 to read as follows: 40-5-103. (a) The department shall collect a fee of $3.00 for the identification card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle drivers' license fees. (b) The department shall not be authorized to collect a fee for an identification card from those persons who are entitled to a free veterans' driver's license under the provisions of Code Section 40-5-36. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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MOTOR COMMON CARRIERSTEMPORARY EMERGENCY AUTHORITY TO PROVIDE SERVICE. Code Section 46-7-13 Amended. No. 198 (House Bill No. 357). AN ACT To amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to change the provisions relating to temporary emergency authority to operate as a motor common carrier; 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 46 of the Official Code of Georgia Annotated, relating to motor carriers, is amended by striking in its entirety Code Section 46-7-13, relating to temporary emergency authority to operate as a motor common carrier, and inserting in lieu thereof a new Code Section 46-7-13 to read as follows: 46-7-13. Notwithstanding any other provision of law to the contrary, in order to authorize the provision of service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor common carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by statute, the commission, under the authority of this Code section, may, in its discretion and without a hearing or other prior proceeding, grant to any person temporary motor common carrier authority for such service. The order granting such authority shall contain the commission's findings supporting its determination under the authority of this Code section that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commission finds necessary with respect to such authority. Unless otherwise provided in this Code section, such emergency temporary motor common carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the commission shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and

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shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor common carrier granted temporary emergency motor common carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor common carrier authority corresponding to that authorized in its temporary emergency authority, the temporary emergency motor common carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period. No such emergency temporary motor common carrier authority shall be granted for the transportation of general commodities (1) where there exists certificated intrastate general commodity motor common carrier service to and from the points, or within the territory, involved unless such carrier or carriers are unable or refuse to provide the needed service or (2) if, following notice to the intrastate general commodity motor common carriers in such manner as the commission by rule shall provide, any existing certificated general commodity motor common carrier files application for temporary emergency authority to perform the service needed and demonstrates that it is ready, willing, and able to provide such service promptly. In any grant of emergency temporary motor common carrier authority, notice of the order of the commission shall be served on the certificated carrier or carriers in such manner as the commission by rule shall provide. 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 repealed. Approved March 15, 1983.

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GROUP LIFE INSURANCEMAXIMUM COVERAGE FOR DEBTORS. Code Section 33-27-1 Amended. No. 199 (House Bill No. 363). AN ACT To amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to general requirements for policies of group life insurance, so as to increase the maximum coverage for debtors; 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 33-27-1 of the Official Code of Georgia Annotated, relating to general requirements for policies of group life insurance, is amended by striking subparagraph (D) of paragraph (2) in its entirety and substituting in lieu thereof a new subparagraph (D) to read as follows: (D) The amount of insurance on the life of any debtor shall at no time exceed the amount owed by him which is repayable in installments, the amount of the unpaid indebtedness, or $40,000.00, whichever is less. Where the indebtedness is repayable in one sum to the creditor, the insurance on the life of any debtor shall in no instance be in effect for a period in excess of 18 months, except that such insurance may be continued for an additional period not exceeding six months in the case of default, extension, or recasting of the loan; and Section 2 . Said Code section is further amended by striking paragraph (3) in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) Notwithstanding the provisions of this Code section, group life insurance in connection with agricultural loans may be written up to the amount of the loan or loan commitment on the nondecreasing or level term plan; however, the amount of insurance on the life of any

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such debtor shall not on any anniversary date of the insurance exceed the amount then owed by him which is repayable in installments, the amount of the then unpaid indebtedness, or $40,000.00, whichever is less. 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 15, 1983. LICENSED PRACTICAL NURSESTRAINING REQUIREDRENEWAL OF LICENSES. Code Title 43, Chapter 26 Amended. No. 200 (House Bill No. 437). AN ACT To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the profession of nursing, so as to provide for reinstatement of nurses; to clarify the provision which allows hospitals to train nurses; 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 26 of Title 43 of the Official Code of Georgia Annotated, relating to the profession of nursing, is amended by striking subsection (d) of Code Section 43-26-32, relating to the application by facilities to train practical nurses, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

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(d) Any educational facility and any hospital with 15 or more beds may qualify, upon application to and approval by the board, to train practical nurses. Educational facilities and hospitals which give training for practical nurses must include in their course a minimum of 600 hours of instruction in theory and a minimum of 800 hours of clinical experience. No hospital shall train at any given time more than one nurse for every eight hospital beds. Section 2 . Said chapter is further amended by striking Code Section 43-26-35, relating to applications for renewal of licenses, in its entirety and inserting in lieu thereof a new Code Section 43-26-35 to read as follows: 43-26-35. (a) Each licensed practical nurse shall biennially make application to the joint-secretary for a renewal of his license. Such application shall be accompanied by a renewal fee as established by the board. The license of any person failing to obtain such renewal shall become invalid on the date of expiration. Upon the payment of all renewal and late renewal fees, however, such license may be reinstated in accordance with the rules of the board. Fees and form of payment thereof shall be established by appropriate board rule. (b) Applicants for reinstatement who have not been engaged in the active practice of nursing as licensed practical nurses at any time during the five years immediately prior to such an application for reinstatement shall successfully complete a program of instruction in nursing approved by the board not more than six months prior to reinstatement. The board may issue a temporary permit to practice nursing as a licensed practical nurse to such applicants during the six-month period. Other criteria for reinstatement may be determined by the rules of the board, including but not limited to the following: refresher courses, supervised practice, or examination by the board. 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 15, 1983.

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SEASONAL COMMERCIAL FISHING LICENSES. Code Section 27-2-23 Amended. No. 201 (House Bill No. 447). AN ACT To amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to license, permit, and stamp fees, so as to reduce the seasonal resident commercial fishing license to $10.00; 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 27-2-23 of the Official Code of Georgia Annotated, relating to license, permit, and stamp fees, is amended by striking paragraph (5) in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) Commercial fishing licenses (A) Resident commercial fishing license Season $10.00 (B) Nonresident commercial fishing license Season 100.25 (C) Resident commercial eel fishing license Season Season 25.00 (D) Nonresident commercial eel fishing license Season 100.00 Section 2 . This Act shall become effective April 1, 1984.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. HOME RULE POWERS OF MUNICIPAL CORPORATIONS. Code Section 36-35-6 Amended. No. 202 (House Bill No. 476). AN ACT To amend Code Section 36-35-6 of the Official Code of Georgia Annotated, relating to limitations on home rule powers of municipal corporations, so as to redefine actions defining criminal offenses; to redefine actions affecting any court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 36-35-6 of the Official Code of Georgia Annotated, relating to limitations on home rule powers of municipal corporations, is amended by striking paragraph (2) of subsection (a) which reads as follows: (2) Action defining any criminal offense or providing for criminal punishment, other than to define ordinance violations for acts which are not also violations of the criminal laws of this state and to prescribe penalties for such ordinance violations;, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) (A) Action defining any offense, which so defined, is also an offense under the criminal laws of Georgia; and

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(B) Action providing for confinement in excess of six months; and (C) Action providing for fines and forfeitures in excess of $1,000.00;. Section 2 . Said Code section is further amended by striking paragraph (6) of subsection (a) which reads as follows: (6) Action affecting any court or the personnel thereof, except any municipal court having jurisdiction only over municipal ordinances; and, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Action affecting the jurisdiction of any court; and. 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 15, 1983. FORFEITURES OF MONEY OR OTHER PROPERTYDISPOSITION. Code Section 16-13-49 Amended. No. 203 (Senate Bill No. 193). AN ACT To amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures, so as to provide that money and

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currency which is forfeited or which is realized from the sale or disposition of forfeited property shall be vested in counties and municipalities to be expended or used to defray the cost of complex investigations, to purchase equipment, to provide matching funds to obtain federal grants, and for such other law enforcement purposes as the governing authority of the county or municipality deems appropriate; to provide for an exception; to provide for limitations; to provide for the expenditure of such money and currency for other public purposes under certain conditions; to provide for quarterly reports; 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, is amended by striking paragraph (2) of subsection (f) of said Code section in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) (A) Money and currency which is forfeited or which is realized from the sale or disposition of forfeited property shall after payment of all costs of court vest in the local political subdivision whose law enforcement officers seized it. If the money, currency, or property was seized by a municipal law enforcemtn agency then the money, currency, or proceeds shall vest in that municipality. If the money, currency, or property was seized by a county law enforcement agency, then the money, currency or proceeds shall vest in that county. If the money, currency, or property was seized by joint action of a county law enforcement agency and a municipal law enforcement agency, then the money, currency, or proceeds shall vest in that county and that municipality and shall be divided equally between the county and municipality. If the money, currency, or property was seized by a state law enforcement agency, then the money, currency, or proceeds shall vest in the county where the condemnation proceedings are filed. Except as otherwise provided in sub-paragraph (B) of paragraph (1) of this subsection for payment of all costs of court, the local government in which the money, currency, or proceeds of forfeited property vests shall expend or use such funds to defray the cost of complex investigations, to purchase equipment, to provide matching funds to obtain federal grants, and for such other law enforcement purposes as the

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governing authority of the county or municipality deems approprivate except that none of such money and currency shall be used to pay all or part of the salaries of law enforcement personnel. The governing authority may, in its discretion, limit the amount of all such money and currency expended for such law enforcement purposes during any calendar year to $20,000.00. The remainder of such money and currency, if any, received by the governing authority during any calendar year may be expended for any other public purposes. (B) Any law enforcement agency receiving money and currency which is forfeited or realized from the sale or disposition of forfeited property shall submit a report to the governing authority of the county or municipality on or before the tenth day of the following month of each calendar quarter itemizing the money, currency, and proceeds of forfeited property received and the expenditure of the funds. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. PLACEMENT OF CAMPAIGN POSTERS AND OTHER OUTDOOR ADVERTISING RESTRICTEDNOTICE REQUIRED. Code Section 21-1-1 Amended. Code Section 44-1-6 Amended. No. 204 (Senate Bill No. 195). AN ACT To amend Code Section 21-1-1 of the Official Code of Georgia Annotated, relating to the placement of campaign material, so as to

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remove the restriction against placing certain campaign material on property zoned for particular uses; to amend Code Section 44-1-6 of the Official Code of Georgia Annotated, relating to requirements for outdoor posters, so as to remove the requirements that certain information be contained on outdoor posters; 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 21-1-1 of the Official Code of Georgia Annotated, relating to the placement of campaign material, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 21-1-1 to read as follows: 21-1-1. (a) It shall be unlawful for any person to place campaign posters, signs, and advertisements: (1) Within the right of way of any public streets, roads, or highways; (2) On any public property or building; (3) On any private property unless the owner thereof has given permission to place such campaign posters, signs, and advertisements on such property; or (4) Reserved; (5) On any property zoned for commercial or industrial uses if the placement of such campaign posters, signs, and advertisements conflicts with any zoning laws or ordinances. (b) Any person who violates this Code section shall be guilty of a misdemeanor. Section 2 . Code Section 44-1-16 of the Official Code of Georgia Annotated, relating to requirements for outdoor posters, is amended by striking in its entirety said Code section, which reads as follows: 44-1-16. (a) It shall be unlawful for any person to print, possess, transport, or distribute posters for outdoor use in this state unless such material has printed thereon the name and address of the printer and the following warning:

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`NOTICE: It is unlawful to place posters, signs, and advertisements (1) within the right of way of any public streets, roads, or highways; (2) on any public property or building; (3) on any private property unless the owner thereof has given permission to place such posters, signs, and advertisements on such property; (4) on any property zoned for use other than commercial or industrial; or (5) on any property zoned for commercial or industrial uses if the placement of such posters, signs, and advertisements conflicts with any zoning law or ordinance.' (b) Any person who violates this Code section shall be guilty of a misdemeanor. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. SIMPLIFIED LANGUAGE REQUIRED TO BE USED IN LIFE AND ACCIDENT INSURANCE POLICIES AND CERTIFICATES OF GROUP INSURANCE. Code Section 33-3-25 Amended. No. 205 (Senate Bill No. 200). 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 only those informational booklets which are provided by insurers shall be required to be written in simplified and plain language; to provide that amended

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and renewed policies shall not be subject to said requirement; 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 striking Code Section 33-3-25, relating to language simplification, and inserting in lieu thereof a new 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 by insurers to group life or accident and sickness insurance certificate holders which are issued, delivered, or issued for delivery 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 Commissioner of Insurance after due notice and hearing. (b) In establishing the policy language simplification and reading ease standards for such policies, certificates, and coverage booklets, the Commissioner of Insurance 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 Chapter 15, 18, 19, 20, 21, 29, or 30 of Title 33. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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PUBLIC WORKS CONTRACTSRETENTION OF PORTION OF PERIODIC PAYMENTS LIMITED. Code Section 13-10-20 Amended. No. 206 (Senate Bill No. 242). AN ACT To amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, so as to limit the amount of retained amounts; 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 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, is amended by striking in its entirety Code Section 13-10-20, relating to authorization and procedure for retention of contractual payments by state or political subdivisions, and inserting in lieu thereof a new Code Section 13-10-20 to read as follows: 13-10-20. (a) Any department, agency, or instrumentality of the state or any political subdivision of the state is authorized to insert in the specifications of all contracts relating to the installation, extension, improvement, maintenance, or repair of any water or sewer facility a clause providing for the retention of amounts not exceeding 10 percent of the gross value of the completed work as may be provided for in the contract; provided, however, that no amounts shall be retained on estimates or progress payments submitted after 50 percent of the work on the project has been completed if in the opinion of the department, agency, or instrumentality of the state or any political subdivision thereof such work is satisfactory and has been completed on schedule. This will not affect the retained amounts on the first 50 percent of the work on the project which may continue to be held to ensure satisfactory completion of the project. If, after discontinuing the retention, the department, agency, or instrumentality of the state or any political subdivision thereof determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level.

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(b) Final payment of the retained amounts to the contractor under the contract to which the retained amounts relate shall be made after certification by the engineer in charge of the project covered by the contract that the work has been satisfactorily completed and is accepted in accordance with the contract, plans, and specifications. 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 repealed. Approved March 15, 1983. NOZZLES AND VALVES USED FOR DISPENSING HAZARDOUS SUBSTANCES. Code Section 25-2-16 Amended. No. 207 (Senate Bill No. 251). AN ACT To amend Code Section 25-2-16 of the Official Code of Georgia Annotated, relating to the regulation of hazardous substances, so as to specify and provide for the use of certain type nozzles and valves used in dispensing gasoline and diesel fuel at certain places of business; to provide definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 25-2-16 of the Official Code of Georgia Annotated, relating to the regulation of hazardous substances, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 25-2-16 to read as follows:

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25-2-16. (a) Some substances constitute a special hazard to property and to the life and safety of persons because of certain characteristics and properties incident to their storage, handling, and transportation. Substances presenting such a special hazard include gasoline, kerosene, and other flammable liquids; liquefied petroleum gases; welding and other gases; dry-cleaning fluids; anhydrous ammonia; and other gases, liquids, or solids of a highly flammable or hazardous nature. (b) Every person who stores, transports, or handles any of the hazardous substances listed in subsection (a) of this Code section shall so store, transport, and handle the substances as to afford every precaution and protection as may be found by the Commissioner to be reasonable and practical to avoid injury to persons from exposure, fire, or explosion caused by the storage, transportation, or handling of these substances, including transportation thereof only in vehicles which are in proper condition for that purpose. (c) The Commissioner is directed to investigate the nature and properties of such hazardous substances and the known precautionary and protective techniques for their storage, transportation, and handling, including, but not limited to, the codes and standards adopted, recommended, or issued by the National Fire Protection Association and the Agricultural Nitrogen Institute. Based upon the investigation, the Commissioner is authorized to determine and by rule to provide what precautionary and protective techniques are reasonable and practical measures for the prevention of injury to persons and property from the storage, transportation, and handling of such highly flammable or hazardous substances. Such authorization shall include the power to provide, by rule, the minimum standards that a vehicle shall meet before it is considered to be in proper condition to transport the material. No person shall transport any such material or substance in bulk unless the vehicle in which it is transported is in the proper condition, as provided by such rules, to transport the material with reasonable safety. (d) (1) As used in this subsection, the term: (A) `Automatic-closing device' means a gasoline or diesel fuel pump nozzle which contains a valve which automatically shuts off the flow of gasoline or diesel fuel through the nozzle when the level of gasoline in a motor vehicle fuel tank reaches a certain level.

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(B) `Hold-open latch' means a device which attaches to a gasoline or diesel fuel pump nozzle, which device mechanically holds the nozzle and valve in an open position. (C) `Self-service station' means any place of business which sells gasoline or diesel fuel at retail and which allows customers to dispense the fuel. (2) No self-service station shall be prohibited from installing and no customer at such station shall be prohibited from using hold-open latches on gasoline or diesel fuel pumps available for operation by the customer. However, if hold-open latches are used on pumps operated by the customer, such pumps shall be equipped with a functioning automatic-closing device. 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 repealed. Approved March 15, 1983. STATE WATER WELL STANDARDS ADVISORY COUNCIL TERMINATION DATE CHANGED. Code Section 12-5-134 Amended. No. 208 (Senate Bill No. 256). AN ACT To amend Code Section 12-5-134 of the Official Code of Georgia Annotated, relating to termination of the State Water Well Standards Advisory Council, so as to change the date for the termination of the council and for the repeal of laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 12-5-134 of the Official Code of Georgia Annotated, relating to termination of the State Water Well Standards Advisory Council, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 12-5-134. For the purposes of Chapter 2 of Title 43, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Water Well Standards Advisory Council shall be terminated on April 11, 1985, and this part and any other laws relating to such council shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. 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 repealed. Approved March 15, 1983. GEORGIA INDUSTRIAL LOAN ACTAPPLICATION FOR LICENSESHEARINGS IN CERTAIN INSTANCES. Code Section 7-3-9 Amended. No. 209 (Senate Bill No. 270). AN ACT To amend Code Section 7-3-9 of the Official Code of Georgia Annotated, relating to the investigation of applications for licenses under the Georgia Industrial Loan Act, so as to change the provisions relative to hearings; to provide for other matters relative to the

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foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 7-3-9 of the Official Code of Georgia Annotated, relating to the investigation of applications for licenses under the Georgia Industrial Loan Act, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 7-3-9 to read as follows: 7-3-9. (a) Upon the filing of the application and the payment of the fees provided in Code Section 7-3-8, the commissioner shall cause an investigation to be made. Notwithstanding any provision of Chapter 13 of Title 50, entitled the `Georgia Administrative Procedure Act,' to the contrary, if the commissioner has any doubt of the applicant meeting the standards of subsection (b) of this Code section, he shall issue a proposed order to be effective upon a later date without a hearing, unless any person subject to the order requests a hearing within ten days after receipt of the proposed order. Failure to make the request shall constitute a waiver of the right to a hearing pursuant to this Code section. The proposed order issued by the commissioner shall contain or shall be accompanied by a notice of opportunity for a hearing which shall clearly explain that the hearing must be requested within ten days of receipt of the proposed order and notice. The proposed order and notice shall be served in person by the commissioner or his agent or by registered or certified mail, return receipt requested. The commissioner or such person as he designates shall hear evidence at such hearing and the hearing shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The cost of such hearing and of recording and transcribing the evidence may, in the discretion of the commissioner, be charged to the person seeking such license. (b) If the commissioner shall find that: (1) The financial responsibility, character, and general fitness of the applicant are such as to command the confidence of the public and to warrant a belief that the business will not be operated unfairly or unlawfully contrary to the purposes of this chapter; and

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(2) Allowing the applicant to engage in business will promote the convenience and advantage of the community in which the licensed office is to be located, the commissioner shall grant such application and issue to the applicant a license which shall be authority to engage in the business of making loans pursuant to said license in accordance with this chapter. (c) Any demand for a hearing pursuant to this Code section shall specify in what respects such person is aggrieved and the grounds to be relied upon as a basis for the relief to be demanded at the hearing. Unless postponed by mutual consent, the hearing shall be held within 30 days after receipt by the commissioner of the demand for a hearing. (d) In the event any person shall purchase substantially all the assets used in a particular office of any existing licensee, the purchaser shall file an application for license; but, if the licensee selling such assets shall surrender his license for such location to the commissioner, the purchaser shall not be required, in order to obtain a license, to show that the convenience and advantage of the community in which the licensed office will be located will be promoted by the establishment or continuance of the proposed business of making loans. (e) The commissioner shall grant or deny an application for a license made under this chapter within 60 days from the date of the filing of such application. 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 repealed. Approved March 15, 1983.

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PROBATE JUDGESMINIMUM SALARY SCHEDULE CHANGED. Code Title 15, Chapter 9 Amended. No. 210 (Senate Bill No. 32). AN ACT To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the provisions relating to minimum salaries for judges of the probate courts; to provide that in certain counties military personnel shall not be counted in determining the population of the county; to change the provisions relating to supplements to the minimum salaries of the judges of the 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 . Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by striking in its entirety Code Section 15-9-63, relating to minimum salaries for judges of the probate courts, and inserting in lieu thereof a new Code Section 15-9-63 to read as follows: 15-9-63. (a) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court 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 1970 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. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

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Population Minimum Salary 05,999 $ 9,085.00 6,00011,999 13,535.00 12,00019,999 15,567.00 20,00029,999 17,700.00 30,00039,999 20,493.00 40,00049,999 22,356.00 50,00099,999 24,355.00 100,00199,999 30,992.00 200,000294,999 38,745.00 295,000 or more 42,500.00 (b) In any county in which more than 70 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 purposes of subsection (a) of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government. Section 2 . Said chapter is further amended by striking in its entirety Code Section 15-9-64, relating to supplements to the minimum salaries of judges of the probate courts, and inserting in lieu thereof a new Code Section 15-9-64 to read as follows: 15-9-64. The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $150.00 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $200.00 per month. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. CRIMINAL ISSUANCE OF BAD CHECKSSUPPORT OF MINORS. Code Section 16-9-20 Amended. No. 211 (House Bill No. 72). AN ACT To amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to criminal issuance of bad checks, so as to provide that instruments issued for the support of minors are issued for a present consideration; 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 . Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to criminal issuance of bad checks, is amended by striking paragraph (2) of subsection (f) which reads as follows: (2) `Present consideration' shall include without limitation an obligation or debt of rent which is past due or presently due and an obligation or debt of state taxes which is past due or presently due., and inserting in its place a new paragraph (2) of subsection (f) to read as follows: (2) `Present consideration' shall include without limitation:

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(A) An obligation or debt of rent which is past due or presently due; (B) An obligation or debt of state taxes which is past due or presently due; and (C) An obligation or debt which is past due or presently due for child support when made to the custodian of a minor child for the support of such minor child and which is given pursuant to an order of court or written agreement signed by the person making the payment. 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 repealed. Approved March 15, 1983. PENALTIES FOR ISSUANCE OF BAD CHECKS, ETC. Code Title 16, Chapter 9 Amended. No. 212 (Senate Bill No. 45). AN ACT To amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to criminal issuance of bad checks, so as to change the penalty for certain crimes involving bad checks; to enact a new Code Section 16-9-58 relating to the crime of failure to pay for agricultural products, naval stores, or other chattels; 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 16-9-20 of the Official Code of Georgia Annotated, relating to criminal issuance of bad checks, is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph to read as follows: (1) Except as provided in paragraph (2) of this subsection and subsection (c) of this Code section, a person convicted of the offense of criminal issuance of a bad check shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (A) When the check is for less than $100.00: (i) First offense: a fine of not less than $50.00 nor more than $100.00 or imprisonment not to exceed 30 days, or both; (ii) Second offense: a fine of not less than $100.00 nor more than $200.00 or imprisonment not to exceed 60 days, or both; and (iii) Third or subsequent offense: a fine of not less than $200.00 nor more than $400.00 or imprisonment not to exceed 12 months, or both; (B) When the check is for $100.00 or more but less than $500.00: (i) First offense: a fine of not less than $100.00 nor more than $200.00 or imprisonment not to exceed 60 days, or both; (ii) Second offense: a fine of not less than $200.00 nor more than $400.00 or imprisonment not to exceed three months, or both; and (iii) Third or subsequent offense: a fine of not less than $400.00 nor more than $800.00 or imprisonment not to exceed 12 months, or both; or

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(C) When more than one check is involved and such checks were drawn within 90 days of one another and each is in an amount less than $100.00, the amounts of such separate checks may be added together to arrive at and be punishable under subparagraph (B) of this paragraph. Section 2 . A new Code Section 16-9-58 is added at the end of Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, said new Code section to read as follows: 16-9-58. Any person, either on his own account or for others, who shall buy cotton, corn, rice, crude turpentine, spirits of turpentine, rosin, pitch, tar, timber, pulpwood, poultry and poultry products, cattle, hogs, sheep, goats, horses, mules, pecans, peaches, apples, watermelons, cantaloupes, or other products or chattels and shall fail or refuse to pay therefor or shall make way with or dispose of the same before he shall have paid therefor unless credit shall be expressly extended therefor shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. SUSPENDED DRIVER'S LICENSES AND TAG REGISTRATIONSRESTORATION FEES, ETC. Code Title 40, Chapter 5 Amended. Code Title 40, Chapter 9 Amended. No. 213 (Senate Bill No. 268). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the amount of

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restoration fee required before the Department of Public Safety will return an operator's driver's license or tag registration, or both; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety subsection (b) of Code Section 40-5-62, relating to periods of revocation of drivers' licenses and restoration of licenses, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $25.00 to issue a new driver's license to a person whose driver's license has been revoked to cover the costs of administering this Code section and shall require a reexamination of the driver's ability and knowledge of the traffic laws of this state. Section 2 . Said title is further amended by striking in its entirety subsection (d) of Code Section 40-5-63, relating to periods of suspension of drivers' licenses and conditions for the return of license, and inserting in lieu thereof a new subsection (d) to read as follows: (d) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a fee of $25.00 for the return of his license.

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Section 3 . Said title is further amended by striking in its entirety Code Section 40-9-9, relating to reinstatement of driver's license and vehicle registration under the Motor Vehicle Safety Responsibility Act, and inserting in lieu thereof a new Code Section 40-9-9 to read as follows: 40-9-9. Whenever a driver's license or vehicle registration is suspended under any provisions of this chapter and the filing of proof of financial responsibility is made a prerequisite to reinstatement of such license or registration or both, no such license or registration shall be reinstated unless the driver or owner, in addition to complying with the other provisions of this chapter, pays to the department a fee of $25.00. Only one such fee shall be paid by any one person irrespective of the number of licenses and registrations to be reinstated. The fees paid pursuant to this Code section shall be expendable receipts to be used only by the department toward the cost of administration of this chapter. 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 15, 1983. PRIVATE DETECTIVE AND SECURITY AGENCIESSUSPENSION OF LICENSES. Code Section 43-38-11.1 Enacted. No. 214 (Senate Bill No. 169). AN ACT To amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private

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security agencies, so as to authorize the Georgia Board of Private Detective and Security Agencies to suspend certain licenses, registration, or permits without a prior hearing under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security agencies, is amended by adding between Code Sections 43-38-11 and 43-38-12 a new Code Section 43-38-11.1 to read as follows: 43-38-11.1. After proper notification, the board may suspend the license, registration, or weapon's permit of any licensee, registrant, or weapon's permit holder without a prior hearing as required in Code Section 43-38-11, provided that said licensee, registrant, or weapon's permit holder is determined by the board to present a clear and present danger to the public safety on the grounds outlined in Code Section 43-38-11. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. ILLEGAL COMMERCIAL FISHING WITH POWER-DRAWN NETSPENALTIES. Code Section 27-4-138 Amended. No. 215 (House Bill No. 11). AN ACT To amend Code Section 27-4-138 of the Official Code of Georgia Annotated, relating to penalties for offenses pertaining to the operation

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of commercial fishing boats engaged in illegal fishing with powerdrawn nets, so as to change the provisions relative to such penalties; to provide that adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld for any offense punishable under said Code section; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 27-4-138 of the Official Code of Georgia Annotated, relating to penalties for offenses pertaining to the operation of commercial fishing boats engaged in illegal fishing with powerdrawn nets, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 27-4-138 to read as follows: 27-4-138. (a) Any person in command of any commercial fishing boat who violates or causes to be violated the provisions of Code Section 27-4-133 shall be guilty of a misdemeanor and shall be punished as such, subject to a minimum punishment as follows: (1) For the first offense, the person shall be fined not less than $500.00 and given a mandatory suspension from any commercial fishing for 60 fishing days; (2) For the second offense, the person shall be fined not less than $1,500.00 and given a mandatory suspension from any commercial fishing for 120 fishing days; and (3) For the third offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for one year. Any person who violates a mandatory suspension provided for in this subsection shall, upon a proper showing, be subject to imprisonment for a period not to exceed 12 months.

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(b) It is the responsibility of every person operating a commercial fishing boat to determine whether or not the boat has a license which is valid and in effect. Any person who is engaged in illegal fishing with power-drawn nets while operating a boat which has not been licensed or which has had its license suspended and not reinstated shall be guilty of a misdemeanor and shall be punished by a mandatory minimum sentence as follows: (1) For the first offense, the person shall be fined not less than $2,500.00 or sentenced to not less than 30 days' nor more than 12 months' imprisonment, or both; and (2) For the second offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any fishing for not less than five years. Any person who violates such mandatory suspension shall, upon a proper showing, be subject to imprisonment not to exceed 12 months. (c) For purposes of this Code section, `illegal fishing with power-drawn nets' means any violation of Code Section 27-4-133 or 27-4-171. (d) Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld for any offense punishable under this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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DEFINITION OF TERM BANK CHANGED. Code Section 7-1-4 Amended. No. 216 (House Bill No. 15). AN ACT To amend Code Section 7-1-4 of the Official Code of Georgia, relating to definitions relative to the Department of Banking and Finance and financial institutions generally, so as to change the provisions relative to the definition of the term bank; to provide for a statement of intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article III, Section VI, Paragraph V(a) of the Constitution of the State of Georgia. Section 2 . Code Section 7-1-4 of the Official Code of Georgia, relating to definitions relative to the Department of Banking and Finance and financial institutions generally, is amended by striking paragraph (7) of said Code section in its entirety and inserting in lieu thereof a new paragraph (7) to read as follows: (7) `Bank' means a corporation existing under the laws of this state on April 1, 1975 (including a regulated certificated bank), or organized under this chapter and authorized to engage in the business of receiving deposits withdrawable on demand or deposits withdrawable after stated notice or lapse of time; `bank' shall also include national banks located in this state for the purpose of Part 6 of Article 2 of this chapter, relating to deposits, safe-deposit agreements, and money received for transmission, and Article 8 of this chapter, relating to multiple deposit accounts; provided, however, that `bank' shall not include a credit union, a building and loan association, a savings and loan association, or a licensee under Article 4 of this chapter.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. SECRETARY OF THE SENATECLERK OF THE HOUSE OF REPRESENTATIVESMANNER OF ELECTION AND TERM. Code Section 28-3-20 Amended. No. 217 (House Bill No. 16). AN ACT To amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change the provisions relating to the election of the Secretary of the Senate and the Clerk of the House of Representatives; to provide for a statement of intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article III, Section IV, Paragraph X of the Constitution of the State of Georgia. Section 2 . Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, is amended by striking Code Section 28-3-20, relating to the election and term of office of the Secretary of the Senate and the Clerk of the House of Representatives, in its entirety and inserting in lieu thereof a new Code Section 28-3-20 to read as follows:

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28-3-20. There shall be a Secretary of the Senate and a Clerk of the House of Representatives, elected by the members of each house respectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. MANNER OF FILLING VACANCIES ON STATE BOARD OF EDUCATION AND ON BOARD OF REGENTS. Code Section 20-2-3 Amended. Code Section 20-3-23 Amended. No. 218 (House Bill No. 17). AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to vacancies on the State Board of Education; to change the provisions relating to vacancies on the board of regents; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-2-3, relating to vacancies on the State Board of Education, in its entirety and substituting in lieu thereof a new Code Section 20-2-3 to read as follows:

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20-2-3. In case of a vacancy on the State Board of Education by death, resignation, removal, or from any cause other than the expiration of such member's term of office, such vacancy shall be filled in the manner prescribed by Article VIII, Section II, Paragraph I of the Constitution. Section 2 . Said Title 20 is further amended by striking Code Section 20-3-23, relating to vacancies on the board of regents, in its entirety and substituting in lieu thereof a new Code Section 20-3-23 to read as follows: 20-3-23. In case of a vacancy on the board of regents by death, resignation, removal, or from any other cause other than the expiration of such member's term of office, such vacancy shall be filled in the manner prescribed by Article VIII, Section IV, Paragraph I of the Constitution. Section 3 . This Act shall become effective on July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. FREE EDUCATION FOR ELDERLY IN STATE UNIVERSITIES, ETC. Code Section 20-3-31.1 Enacted. Code Title 20, Chapter 3, Part 5 Amended. No. 219 (House Bill No. 19). AN ACT To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for a

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program for elderly citizens of this state to attend units of the university system without payment of fees with certain exceptions; to provide that such program shall be a continuation of an existing program; to provide for a scholarship program of the board of regents; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by adding immediately following Code Section 20-3-31 a new Code Section 20-3-31.1 to read as follows: 20-3-31.1. (a) The board of regents is authorized and directed to establish a program whereby citizens of this state who are 62 years of age or older may attend units of the University System of Georgia without payment of fees, except for supplies and laboratory or shop fees, when space is available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veterinary, or law schools. Persons who attend units of the University System of Georgia under the program established pursuant to this Code section shall not be counted as students by the board of regents for budgetary purposes. The board of regents shall adopt and promulgate rules and regulations, not inconsistent with this Code section, to carry out the provisions of this Code section. (b) The program for senior citizens provided for by subsection (a) of this Code section shall be a continuation, without interruption, of the program for elderly citizens heretofore established by the board of regents pursuant to the requirements of Article VIII, Section IV, Paragraph II of the Constitution of the State of Georgia of 1976. Such heretofore established program is ratified, confirmed, and continued without the necessity of the reestablishment of such program by the board of regents. Section 2 . Said Chapter 3 of Title 20 is further amended by striking Part 5 of Article 7, which reads as follows: Part 5 20-3-500. The board of regents scholarships provided for in Article X, Section II, Paragraph VII of the Constitution of Georgia are continued and shall continue to be administered by the board.,

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in its entirety and substituting in lieu thereof a new Part 5 to read as follows: Part 5 20-3-500. The board of regents shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary to obtain an education, such scholarships as are necessary for them to complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading to the degree of Doctor of Medicine. The terms and conditions thereof shall be prescribed and regulated by the board of regents but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, reside in the State of Georgia and engage in activities for which they were prepared through the scholarships for a period of one year for each $1,000.00 received. 20-3-501. It shall be the duty of the board of regents to receive and pass upon, allow, or disallow all applications for scholarships; to contract, increase, decrease, terminate, and otherwise regulate all grants for scholarships; and to manage, operate, and control all funds appropriated for this purpose. 20-3-502. The funds necessary to provide for the program of scholarships authorized by this part shall come from funds appropriated or otherwise made available to the board of regents for such purposes. Section 3 . This Act shall become effective on July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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DEPARTMENT OF INDUSTRY AND TRADEEXPENSES INCURRED TO SECURE NEW BUSINESS, INDUSTRY AND TOURISM. Code Section 50-7-15 Enacted. No. 220 (House Bill No. 20). AN ACT To amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Industry and Trade, so as to authorize the Department of Industry and Trade to expend available funds for the business meals and incidental expenses of certain persons; to provide for verification of such expenditures; to provide for vouchers; to provide for audits; to provide for a statement of intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement the provisions of Article III, Section VI, Paragraph VI of the Constitution of the State of Georgia. Section 2 . Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Industry and Trade, is amended by adding a new Code Section 50-7-15 to read as follows: 50-7-15. The Department of Industry and Trade, in order to make Georgia competitive with other states in securing new business, industry, and tourism, is authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the department to discuss the location or development of new business, industry, or tourism within the state. All such expenditures shall be verified by vouchers showing the date, place, purpose, and persons for whom such expenditures were made. The state auditor shall conduct an audit of such expenditures at least every six months.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. STATE BOARD OF PARDONS AND PAROLESMEMBERS, MEETINGS, DUTIES, ETC. Code Title 42, Chapter 9 Amended. No. 221 (House Bill No. 22). AN ACT To amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to change the provisions relating to the creation of the State Board of Pardons and Paroles; to provide for the election of the chairman of said board; to provide for the term of office of the chairman; to change the provisions relating to removal of members of the board for cause; to change the provisions relating to the annual report of the board; to change the provisions relating to the suspension of the execution of a death sentence; to change the provisions relating to the powers of the Governor; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article IV, Section II of the Constitution of the State of Georgia. Section 2 . Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by striking in its entirety subsection (a) of Code Section 42-9-2, relating to the State Board of Pardons and Paroles, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) Pursuant to Article IV, Section II, Paragraph I of the Georgia Constitution, there shall be a State Board of Pardons and Paroles, which shall consist of five members appointed by the Governor, subject to confirmation of the Senate. Section 3 . Said chapter is further amended by striking in its entirety Code Section 42-9-6, relating to the selection of a secretary by the State Board of Pardons and Paroles, and inserting in lieu thereof a new Code Section 42-9-6 to read as follows: 42-9-6. (a) Each year the board shall elect one of its members to serve as chairman of the board for the ensuing year. (b) The members of the board shall meet and select from their number a secretary, who shall serve for a period of two years or until his successor is appointed and qualified. Neither the chairman nor the secretary shall draw any salary from the state in addition to that which each receives as a member of the board. Section 4 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 42-9-14, relating to removal of a member of the State Board of Pardons and Paroles for cause, and inserting in lieu thereof a new subsection (a) to read as follows: (a) As used in this Code section, the term `committee' or `removal committee' means the Governor, Lieutenant Governor, and Attorney General. Section 5 . Said chapter is further amended by striking in its entirety Code Section 42-9-19, relating to the annual report of the State Board of Pardons and Paroles, and inserting in lieu thereof a new Code Section 42-9-19 to read as follows: 42-9-19. On or before January 1 of each year, the board shall make a written report of its activities, copies of which shall be sent to the Governor, the Attorney General, and to such other officers and persons as the board may deem advisable. One copy of the report shall become a part of the records of the board. The State Board of Pardons and Paroles shall, at each session of the General Assembly, communicate to that body in full detail each case of pardon, parole, commutation, removal of disabilities, or remission of sentence granted, stating the name of the convicted person; the offense for which he was convicted; the sentence and its date; the date of the pardon, parole,

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commutation, removal of disabilities, or remission of sentence; and the reasons for granting the same. Section 6 . Said chapter is further amended by striking in its entirety Code Section 42-9-20, relating to powers of the State Board of Pardons and Paroles, and inserting in lieu thereof a new Code Section 42-9-20 to read as follows: 42-9-20. In all cases in which the chairman of the board or any other member designated by the board has suspended the execution of a death sentence to enable the full board to consider and pass on same, it shall be mandatory that the board act within a period not exceeding 90 days from the date of the suspension order. In the cases which the board has power to consider, the board shall be charged with the duty of determining which inmates serving sentences imposed by a court of this state may be released on pardon or parole and fixing the time and conditions thereof. The board shall also be charged with the duty of supervising all persons placed on parole, of determining violations thereof and of taking action with reference thereto, of making such investigations as may be necessary, and of aiding parolees or probationers in securing employment. It shall be the duty of the board personally to study the cases of those inmates whom the board has power to consider so as to determine their ultimate fitness for such relief as the board has power to grant. The board by an affirmative vote of a majority of its members shall have the power to commute a sentence of death to one of life imprisonment. Section 7 . Said chapter is further amended by striking in its entirety Code Section 42-9-56, relating to the suspension of execution of death sentences, and inserting in lieu thereof a new Code Section 42-9-56 to read as follows: 42-9-56. The Governor shall have no authority or power whatever over the granting of pardons or paroles. Section 8 . This Act shall become effective July 1, 1983. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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CRIMINAL PROCEDURECOPY OF INDICTMENT, ETC., TO BE FURNISHED ACCUSED WITHOUT DEMAND. Code Section 17-7-110 Amended. No. 222 (House Bill No. 23). AN ACT To amend Code Section 17-7-110 of the Official Code of Georgia Annotated, relating to furnishing a copy of the indictment or accusation and list of witnesses to the accused, so as to provide that a copy of the indictment or accusation shall be furnished to the accused without demand; to provide legislative intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes imposed by Article I, Section I, Paragraph XIV of the Constitution of the State of Georgia. Section 2 . Code Section 17-7-110 of the Official Code of Georgia Annotated, relating to furnishing a copy of the indictment or accusation and list of witnesses to the accused, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code section to read as follows: 17-7-110. Prior to his arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and, on demand, with a list of the witnesses on whose testimony the charge against him is founded. Without the consent of the defendant, no witness shall be permitted to testify for the state whose name does not appear on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall state in his place that the evidence sought to be presented is newly discovered evidence which the state was not aware of at the time of its furnishing the defendant with a list of the witnesses.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. CREATION OF BOARD OF INDUSTRY AND TRADECOMPOSITION OF BOARD, DUTIES, POWERS, ETC. Code Title 50, Chapter 7 Amended. No. 223 (House Bill No. 26). AN ACT To amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry and Trade, so as to provide for the creation and composition of the Board of Industry and Trade; to provide for the new members of the board; to provide for the existing members of the board; to provide for the duties, powers, and authority of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry and Trade, is amended by striking Code Section 50-7-3, which reads as follows: 50-7-3. The department shall be under the direction and supervision of a Board of Industry and Trade which shall be composed of 20 members. The board shall be the policy-determining body for the department and shall have the duties, powers, authority, and jurisdiction provided in this chapter., and inserting in lieu thereof a new Code Section 50-7-3 to read as follows:

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50-7-3. (a) The department shall be under the direction and supervision of a Board of Industry and Trade. (b) On and after July 1, 1983, the Board of Industry and Trade shall consist of one member from each congressional district in the state and five additional members from the state at large. All members shall be appointed by the Governor, subject to confirmation by the Senate. The initial terms of members shall be as follows: two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1984; two members representative of congressional districts and one at-large members shall be appointed for a term ending July 1, 1985; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1986; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1987; and two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1988. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remainder of the unexpired term of such member. (c) The first members appointed under this Code section shall be appointed for terms which begin July 1, 1983. The members of the Board of Industry and Trade serving on April 1, 1983, shall remain in office until their successors are appointed and qualified. Section 2 . Said chapter is further amended by striking in its entirety Code Section 50-7-4, relating to members of the Board of Industry and Trade, which reads as follows: 50-7-4. The members of the board shall be appointed and shall have terms as provided by the Constitution of this state., and inserting in lieu thereof a new Code Section 50-7-4 to read as follows: 50-7-4. The board shall be the policy-determining body for the department and shall have the duties, powers, authority, and jurisdiction provided in this chapter.

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Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. SECRETARY OF STATE CORPORATIONSMINIMUM NUMBER OF DIRECTORS. Code Section 14-4-21 Amended. No. 224 (House Bill No. 27). AN ACT To amend Article 2 of Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to the incorporation of Secretary of State corporations, so as to change the provisions relating to the number of directors of Secretary of State corporations; to delete a citation to the Constitution of Georgia of 1976; to provide for a statement of intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article III, Section VI, Paragraph V(a) of the Constitution of the State of Georgia. Section 2 . Article 2 of Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to incorporation of Secretary of State corporations, is amended by striking Code Section 14-4-21, relating to the number of directors of Secretary of State corporations, in its entirety and inserting in lieu thereof a new Code Section 14-4-21 to read as follows:

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14-4-21. Every banking, trust, insurance, railroad, canal, navigation, express, and telegraph corporation shall have such number of directors, not less than three, as may be provided by its charter, any amendment thereto granted prior to April 1, 1969, or thereafter, or by its bylaws in the absence of any such charter provision. The effect of this Code section shall be that all actions taken prior to April 1, 1969, by the board of directors of any such corporation shall be valid and binding for all purposes as if this Code section had been enacted before such action was taken and as if such board of directors had been constituted as provided by this Code section. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. DEPARTMENT OF OFFENDER REHABILITATIONCOMPOSITION OF BOARD, TERMS OF OFFICE, ETC. Code Title 42, Chapter 2 Amended. No. 225 (House Bill No. 34). AN ACT To amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Offender Rehabilitation, so as to provide for the creation and composition of the Board of Offender Rehabilitation; to provide for terms of office for members of the board; to provide for the purpose of the board; to change the provisions relating to the establishment of a general policy to be followed by the department; 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 . It is the intent of this Act to implement certain changes required by Article III, Section VI, Paragraph IV, subparagraph (b) of the Constitution of the State of Georgia. Section 2 . Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Offender Rehabilitation, is amended by striking in its entirety Code Section 42-2-2, relating to the Board of Offender Rehabilitation, and inserting in lieu thereof a new Code Section 42-2-2 to read as follows: 42-2-2. (a) On and after July 1, 1983, the Board of Offender Rehabilitation shall consist of one member from each congressional district in the state and five additional members from the state at large. All members shall be appointed by the Governor, subject to confirmation by the Senate. The initial terms of members shall be as follows: two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1984; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1985; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1986; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1987; and two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1988. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remainder of the unexpired term of such member. (b) The first members appointed under this Code section shall be appointed for terms which begin July 1, 1983. The members of the Board of Offender Rehabilitation serving on April 1, 1983, shall remain in office until their successors are appointed and qualified. (c) The board shall annually elect one of its members as chairman and shall elect from its membership a secretary of the board. The secretary of the board shall keep adequate records and minutes of all business and official acts of the board. Records of the board shall be maintained in the office of the commissioner.

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Section 3 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 42-2-11, relating to rules and regulations governing the penal system, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board shall establish the general policy to be followed by the department and shall have the duties, powers, authority, and jurisdiction provided for in this title or as otherwise provided by law. 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 15, 1983. COMMERCIAL PAPERLIABILITY OF MAKER OR DRAWER TO ASSIGNEE. Code Section 11-3-603 Amended. No. 226 (House Bill No. 44). AN ACT To amend Article 3 of Title 11 of the Official Code of Georgia Annotated, relating to commercial paper, so as to change the provisions relating to payment or satisfaction; to provide for defenses against the assignee or its authorized agent of a negotiable note; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 3 of Title 11 of the Official Code of Georgia Annotated, relating to commercial paper, is amended by adding at the

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end of Code Section 11-3-603, relating to payment or satisfaction, a new subsection (3) to read as follows: (3) Notwithstanding any other provisions of this article, with respect to a note which is a negotiable instrument within the meaning of this article and which is to be paid off in installment payments or in more than one payment, the maker or drawer is authorized to pay the assignor until the assignee sends a registered or certified letter to the maker or drawer at his last known address notifying him that the amount due or to become due has been assigned and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the drawer or maker, the assignee or its authorized agent must furnish reasonable proof that the assignment has been made and unless he does so the maker or drawer may pay the assignor., so that when so amended Code Section 11-3-603 shall read as follows: 11-3-603. (1) The liability of any party is discharged to the extent of his payment or satisfaction to the holder even though it is made with knowledge of a claim of another person to the instrument unless prior to such payment or satisfaction the person making the claim either supplies indemnity deemed adequate by the party seeking the discharge or enjoins payment or satisfaction by order of a court of competent jurisdiction in an action in which the adverse claimant and the holder are parties. This subsection does not, however, result in the discharge of the liability: (a) Of a party who in bad faith pays or satisfies a holder who acquired the instrument by theft or who (unless having the rights of a holder in due course) holds through one who so acquired it; or (b) Of a party (other than an intermediary bank or a payor bank which is not a depositary bank) who pays or satisfies the holder of an instrument which has been restrictively indorsed in a manner not consistent with the terms of such restrictive indorsement. (2) Payment or satisfaction may be made with the consent of the holder by any person including a stranger to the instrument. Surrender of the instrument to such a person gives him the rights of a transferee (Code Section 11-3-201).

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(3) Notwithstanding any other provisions of this article, with respect to a note which is a negotiable instrument within the meaning of this article and which is to be paid off in installment payments or in more than one payment, the maker or drawer is authorized to pay the assignor until the assignee or its authorized agent sends a registered or certified letter to the maker or drawer at his last known address notifying him that the amount due or to become due has been assigned and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the drawer or maker, the assignee must furnish reasonable proof that the assignment has been made and unless he does so the maker or drawer may pay the assignor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. NOTICE OF PETITION FOR PROBATE IN SOLEMN FORMSERVICE BY MAIL. Code Section 53-3-14 Amended. No. 227 (House Bill No. 45). AN ACT To amend Code Section 53-3-14 of the Official Code of Georgia Annotated, relating to notice of petition for probate in solemn form, so as to provide for mail service of notice of petition for probate in solemn form; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Code Section 53-3-14 of the Official Code of Georgia Annotated, relating to notice of petition for probate in solemn form, is amended by adding at the end thereof a new subsection (i) to read as follows: (i) Where personal service is required by this Code section, unless otherwise directed by the probate court, notice of petition for probate in solemn form may be served instead by registered or certified mail if the petitioner so requests in the petition. The judge of the probate court or the judge's clerk shall cause a copy of the petition and citation to be sent by registered or certified mail to the heirs at law of the testator for whom addresses are set forth in the petition and to any guardian ad litem appointed to represent any such heirs. Service by registered or certified mail pursuant to this subsection shall be made with return receipt requested and with delivery restricted to addressee only. If the return receipt is not signed by that addressee and received by the court at least ten days before probate is to be made, service shall be made as otherwise required by this Code section. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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DISPOSSESSORY PROCEEDINGSPAYMENT OF RENT INTO REGISTRY OF COURT PENDING FINAL DETERMINATION OF ISSUES. Code Section 44-7-54 Amended. No. 228 (House Bill No. 51). AN ACT To amend Code Section 44-7-54 of the Official Code of Georgia Annotated, relating to payment of rent into the court under dispossessory proceedings, so as to change the provisions relating to the time at which the tenant must begin making payments into the court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 44-7-54 of the Official Code of Georgia Annotated, relating to payment of rent into the court under dispossessory proceedings, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) In any case where the issue of the right of possession cannot be finally determined within two weeks from the date of service of the copy of the summons and the copy of the 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

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(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 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. Approved March 15, 1983. REWARD FOR FIRST COMMERCIAL PRODUCING OIL WELLDEFINITION OF COMMERCIAL PRODUCTION. Code Section 12-4-20 Amended. No. 229 (House Bill No. 31). AN ACT To amend Part 1 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to the reward to the first person, firm, or corporation which puts down and brings in the first commercial oil well in this state, so as to change the provisions relating to the determination as to whether such well is producing the required amount of oil per day; to provide for a statement of intent; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement the provisions of Article III, Section VI, Paragraph VI of the Constitution of the State of Georgia. Section 2 . Part 1 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to the reward to the first person, firm, or corporation which puts down and brings in the first commercial oil well in this state, is amended by striking Code Section 12-4-20, relating to the amount of the reward and eligibility for the reward, in its entirety and inserting in lieu thereof a new Code Section 12-4-20 to read as follows: 12-4-20. There shall be paid the sum of $250,000.00 to the first person, firm, or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this state, provided that such well must produce at least 100 barrels of oil per day. The determination as to whether such well is producing this amount is vested in the commissioner of natural resources. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAWDEFINITIONSAPPLICABILITY. Code Title 36, Chapter 63 Amended. No. 230 (House Bill No. 109). AN ACT To amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, the Resource Recovery Development Authorities Law,

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so as to change the purpose and definitions so as to provide for applicability to certain renewable energy resources; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 63 of Title 36 of the Official Code of Georgia Annotated, the Resource Recovery Development Authorities Law, is amended by striking Code Section 36-63-2, relating to the purpose of the chapter, which reads as follows: 36-63-2. The recovery and utilization of resources contained in sewage sludge and solid waste promotes trade, commerce, industry, and employment opportunities by creating a new industry to recover and utilize such resources and by creating a climate highly favorable to the location of other new industrial facilities in areas where such resources are recovered by providing an additional source of energy production and a method of processing and disposing of industrially generated sewage sludge and solid waste in an efficient and environmentally sound manner. It is therefore in the public interest and is vital to the public welfare of the people of this state, and it is declared to be the purpose of this chapter, to create resource recovery development authorities to recover and utilize resources contained in sewage sludge and solid waste., and inserting in lieu thereof a new Code Section 36-63-2 to read as follows: 36-63-2. The recovery and utilization of resources contained in sewage sludge and solid waste and the generation of electrical and other forms of energy from water resources promotes trade, commerce, industry, and employment opportunities by creating a new industry to recover and utilize such resources and by creating a climate highly favorable to the location of new industrial facilities in areas where such resources are recovered or available by providing additional sources of energy and a method of processing and disposing of sewage and solid waste in an efficient and environmentally sound manner. It is therefore in the public interest and is vital to the public welfare of the people of the State of Georgia, and it is declared to be the purpose of this chapter, to create resource recovery development authorities to recover and utilize resources contained in sewage sludge, solid waste, and water resources.

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Section 2 . Said chapter is further amended by striking from Code Section 36-63-4, relating to definitions, paragraphs (7) and (8), which read as follows: (7) `Project' means the collection and transportation of solid waste and the transportation of sewage sludge and also means any property, real or personal, used as or in connection with a facility for the extraction, collection, storage, treatment, processing, utilization, or final disposal of resources contained in sewage sludge or solid waste, including the conversion of sewage sludge, solid waste, or resources contained therein into steam, electricity, oil, charcoal, gas, or any other product or energy source and the collection, storage, treatment, utilization, processing, or final disposal of sewage sludge and solid waste in connection with the foregoing. (8) `Resources' means any natural or synthetic substance contained in sewage sludge or solid waste which can be processed and reused in the same or a different form or which can be converted into usable energy., and inserting in lieu thereof new paragraphs (7) and (8) to read as follows: (7) `Project' means: (A) The collection and transportation of solid waste and sewage sludge and it shall also mean any property, real or personal, used as or in connection with a facility for the extraction, collection, storage, treatment, processing, utilization, or final disposal of resources contained in sewage sludge or solid waste, including the conversion of sewage sludge, solid waste, or resources contained therein into steam, electricity, oil, charcoal, gas, or any other product or energy source and the collection, storage, treatment, utilization, processing, or final disposal of sewage sludge and solid waste in connection with the foregoing; and (B) Any property, real or personal, used as or in connection with a facility for the extraction, collection, storage, treatment, processing, or utilization of water resources and the conversion of such resources into any useful form of energy.

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(8) `Resources' means any natural or synthetic substance contained in sewage sludge or solid waste which can be processed and reused in the same or a different form or which can be converted into usable energy and water resources which can be used as energy or converted into usable energy. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. CRIMINAL JUSTICE COORDINATING COUNCILADDITIONAL MEMBERS, ETC. Code Title 35, Chapter 6A Amended. No. 231 (House Bill No. 133). AN ACT To amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to provide for three additional members on the council; to repeal the automatic repealer so as to continue the council beyond July 1, 1983; 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 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, is amended by striking Code Section 35-6A-3, relating to the membership of the Criminal Justice Coordinating Council, in its entirety and substituting in lieu thereof a new Code Section 35-6A-3 to read as follows:

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35-6A-3. (a) The Criminal Justice Coordinating Council shall consist of 19 members and shall be composed as follows: (1) The chairman of the Georgia Peace Officer Standards and Training Council, the chairman of the Georgia Organized Crime Prevention Council, the chairman of the Judicial Council of Georgia, the chairman of the Prosecuting Attorneys' Council, the Commissioner of the Department of Offender Rehabilitation, the chairman of the Board of Offender Rehabilitation, the vicechairman of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, and the director of the Division of Youth Services of the Department of Human Resources shall be ex officio members of the council, as full voting members of the council by reason of their office; (2) Eight members shall be appointed by the Governor for terms of four years, their initial appointments, however, being two for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, and four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. (c) The initial terms for all members shall begin July 1, 1981. (d) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership. Section 2 . Said chapter is further amended by striking in its entirety Code Section 35-6A-10, which reads as follows:

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35-6A-10. This chapter shall be repealed effective July 1, 1983. 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 15, 1983. PURCHASES WITHOUT COMPETITIVE BIDDINGDOLLAR LIMITS CHANGED AS TO CERTAIN STATE AGENCIES. Code Section 50-5-69 Amended. No. 232 (House Bill No. 134). AN ACT To amend Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to purchases without competitive bidding, so as to change the dollar limit on certain purchases made by state departments, agencies, and instrumentalities without competitive bidding; 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 50-5-69 of the Official Code of Georgia Annotated, relating to purchases without competitive bidding, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 50-5-69 to read as follows:

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50-5-69. If the needed supplies, materials, or equipment can reasonably be expected to be acquired for less than $500.00 and are not available on state contracts, the purchase may be effectuated without competitive bidding. The commissioner of administrative services may by rule and regulation authorize the various state departments, agencies, and instrumentalities to make purchases in their behalf which do not exceed $5,000.00 and may provide the circumstances and conditions under which such purchases may be effected. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. FAMILY VIOLENCE SHELTERSLICENSING, ETC. Code Title 19, Chapter 13 Amended. No. 233 (House Bill No. 142). AN ACT To amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to provide that family violence shelters shall be licensed as family violence shelters rather than as personal care homes; to provide for the establishment, certification, and funding of other family violence programs; to exempt from licensure facilities which do not receive state funds; to delete provisions for admission of juveniles in a certain manner; to provide for all related matters; 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 . Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, is amended by striking paragraph (4) of Code Section 19-13-20, relating to definitions, and inserting new paragraphs (4) and (5) of Code Section 19-13-20 to read as follows: (4) `Family violence program' means any program certified by the department which provides services to victims of family violence. A family violence program may be but is not required to be associated with a family violence shelter. (5) `Family violence shelter' means a facility certified by the department for the purpose of receiving, on a temporary basis, persons who are subject to family violence. Family violence shelters are distinguished from shelters operated for detention or placement of children only, as provided in subsection (a) of Code Section 15-11-20. Section 2 . Said article is further amended by striking paragraph (5) of subsection (a) of Code Section 19-13-21, relating to powers and duties of the Department of Human Resources with respect to family violence, and inserting in its place a new paragraph to read as follows: (5) To fund other family violence programs as funds become available, provided that such programs meet standards established by the department; and. Section 3 . Said article is further amended by striking paragraph (4) of subsection (a) of Code Section 19-13-22, relating to certification and funding of family violence shelters, and inserting in its place a new paragraph to read as follows: (4) Be licensed as a family violence shelter in accordance with rules and regulations of the department; provided, however, that facilities not receiving state funds shall not be required to be licensed. Section 4 . Said article is further amended by striking subsection (d) of said Code Section 19-13-22 and inserting in its place a new subsection to read as follows:

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(d) Family violence shelters and family violence programs may be established throughout the state as private, local, state, or federal funds are available. Section 5 . Said article is further amended by striking subsection (e) of said Code Section 19-13-22 and inserting in its place a new subsection to read as follows: (e) The family violence shelters shall establish procedures pursuant to which persons subject to family violence may seek admission to these shelters on a voluntary basis. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. PARDONS AND PAROLESLIMITATION ON GRANT IN CERTAIN CASES. Code Section 42-9-39 Amended. No. 234 (Senate Bill No. 5). AN ACT To amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide limitations on the authority of the State Board of Pardons and Paroles to grant pardons or paroles to persons convicted of murder who in previous incarcerations have been sentenced to life imprisonment; to provide limitations on the authority of the State Board of Pardons and Paroles to grant pardons and paroles

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to persons incarcerated for consecutive life sentences as the result of offenses occurring during the same series of acts when one of the consecutive life sentences is for murder; 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 . Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by adding at the beginning of said Article 2, immediately preceding Code Section 42-9-40, a new Code Section 42-9-39 to read as follows: 42-9-39. (a) The provisions of this Code section shall be binding upon the board in granting pardons and paroles, notwithstanding any other provisions of this article or any other law relating to the powers of the board. (b) When a person is convicted of murder and sentenced to life imprisonment and such person has previously been incarcerated under a life sentence, such person shall serve at least 25 years in the penitentiary before being granted a pardon and before becoming eligible for parole. (c) When a person receives consecutive life sentences as the result of offenses occurring in the same series of acts and any one of the life sentences is imposed for the crime of murder, such person shall serve consecutive ten-year periods for each such sentence, up to a maximum of 30 years, before being eligible for parole consideration. (d) Any other provisions of this Code section to the contrary notwithstanding, the board shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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AUTHENTICATION OF WRITINGS AS EVIDENCEWRITINGS WHICH MAY BE RECEIVED AND PERSONS WHO MAY AUTHENTICATE SAME. Code Section 24-7-9 Amended. No. 235 (Senate Bill No. 11). AN ACT To amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings as evidence, so as to expand the type of medical bills which may be identified in evidence by a patient, a member of the patient's family, or other responsible person; to include bills of dentists, chiropractors, orthotists, and applied psychologists; to provide for all related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings as evidence, is amended by striking Code Section 24-7-9, relating to identification of medical bills, and inserting in its place a new Code section to read as follows: 24-7-9. (a) Upon the trial of any civil case involving injury or disease, the patient or the member of his family or other person responsble for the care of the patient shall be a competent witness to identify bills for expenses incurred in the treatment of the patient upon a showing by such witness that the expenses were incurred in connection with the treatment of the injury, disease, or disability involved in the subject of litigation at trial and that the bills were received from: (1) A hospital; (2) An ambulance service; (3) A pharmacy, drugstore, or supplier of therapeutic or orthopedic devices; or

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(4) A licensed practicing physician, chiropractor, dentist, orthotist, podiatrist, or applied psychologist. (b) Such items of evidence need not be identified by the one who submits the bill, and it shall not be necessary for an expert witness to testify that the charges were reasonable and necessary. However, nothing in this Code section shall be construed to limit the right of a thorough and sifting cross-examination as to such items of evidence. 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 repealed. Approved March 15, 1983. STATE REVENUE COMMISSIONER AND DEPUTY STATE REVENUE COMMISSIONERQUALIFICATIONS FOR OFFICE. Code Title 48, Chapter 2 Amended. No. 236 (Senate Bill No. 89). AN ACT To amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement of the revenue laws, so as to change the qualifications for the office of state revenue commissioner and deputy state revenue commissioner by removing certain restrictions; 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 . Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement of the revenue laws, is amended by striking in its entirety Code Section 48-2-3, which reads as follows: 48-2-3. (a) No member of the General Assembly shall be eligible for appointment either to the office of the commissioner or to any other position in the department. (b) No person shall be appointed to the office of the commissioner who has held any elective office during the 12 months immediately preceding such appointment., and inserting in lieu thereof the following: 48-2-3. Reserved. Section 2 . Said article is further amended by striking in its entirety subsection (b) of Code Section 48-2-5, relating to the deputy state revenue commissioner, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The deputy commissioner shall be appointed by the commissioner. He shall hold office at the pleasure of the commissioner and shall not be subject to the State Merit System. The deputy commissioner shall take the oath of office of the commissioner as provided in subsection (d) of Code Section 48-2-2. 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 15, 1983.

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OFFENSES AGAINST PUBLIC ORDER AND SAFETYINJURY TO A POLICE DOG. Code Section 16-11-107 Enacted. No. 237 (Senate Bill No. 13). AN ACT To amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to make it unlawful knowingly and intentionally to destroy or cause serious or debilitating physical injury to a police dog; to define certain terms; to provide penalties; to provide a certain exception; 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 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by adding at the end of Part 1 of Article 4 a new Code section, to be designated Code Section 16-11-107, to read as follows: 16-11-107. (a) As used in this Code section, the term: (1) `Bomb detection dog' means a dog trained to locate bombs or explosives by scent. (2) `Firearms detection dog' means a dog trained to locate firearms by scent. (3) `Narcotic detection dog' means a dog trained to locate narcotics by scent. (4) `Narcotics' means any controlled substance as defined in paragraph (4) of Code Section 16-13-21 and shall include marijuana as defined by paragraph (16) of Code Section 16-13-21. (5) `Patrol dog' means a dog trained to protect a peace officer and to apprehend or hold without excessive force a person in violation of the criminal statutes of this state.

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(6) `Police dog' means a bomb detection dog, a firearms detection dog, a narcotic detection dog, a patrol dog, or a tracking dog used by a law enforcement agency. (7) `Tracking dog' means a dog trained to track and find a missing person, escaped inmate, or fleeing felon. (b) Any person who knowingly and intentionally destroys or causes serious or debilitating physical injury to a police dog, knowing said dog to be a police dog, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or a fine not to exceed $10,000.00, or both. This subsection shall not apply to the destruction of a police dog for humane purposes. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. MOTOR COMMON CARRIERSGROUNDS FOR SUSPENSION OR CANCELLATION OF OPERATING AUTHORITY. Code Title 46, Chapter 7 Amended. No. 238 (Senate Bill No. 83). AN ACT To amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to change the provisions relating to the authority of the commission to prescribe reasonable

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rates, fares, and charges for motor common carriers and motor contract carriers; to provide that the failure on the part of any motor common carrier to comply with Code Section 46-7-18 or the rules and regulations promulgated thereunder may result in suspension or cancellation of said carrier's operating authority; to provide that the failure on the part of any motor contract carrier to comply with Code Section 46-7-63 or the rules and regulations promulgated thereunder may result in suspension or cancellation of said carrier's operating authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, is amended by striking in its entirety Code Section 46-7-18, relating to authority of commission to prescribe reasonable rates, fares, and charges for motor common carriers, and inserting in lieu thereof a new Code Section 46-7-18 to read as follows: 46-7-18. The commission shall prescribe just and reasonable rates, fares, and charges for transportation by motor common carriers of passengers, baggage, and property and for all services rendered by motor common carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the commission may prescribe. Such tariffs shall also be subject to change on such notice and in such manner as the commission may prescribe. In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commission shall establish a collective rate-making procedure for all transportation for which it has heretofore prescribed rates. Failure on the part of any motor common carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier's operating authority by the commission. Section 2 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 46-7-63, relating to authority of commission to prescribe reasonable rates, fares, and charges for motor contract carriers, and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commission shall establish a collective rate-making procedure for all transportation for which it has heretofore prescribed rates. Failure on the part of any motor contract carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier's operating authority by the commission. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. COURTS OF RECORDUSE OF LETTER-SIZE PAPER IN PLEADINGS. Code Section 15-5-40 Enacted. No. 239 (Senate Bill No. 84). AN ACT To amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record, so as to provide that any pleadings or other documents filed in any court of record may be prepared on letter-size paper; 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 15 of the Official Code of Georgia Annotated, relating to administration of courts of record, is amended by adding a new Article 3, relating to pleadings and documents, to read as follows: ARTICLE 3 15-5-40. Any pleading or other document filed in any court of record may be prepared on letter-size paper; and no clerk of any court of record shall refuse to accept for filing any pleading or other document for the reason that it is on letter-size paper. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. BANKS AND BANKINGRESTRICTIONS ON DEALING WITH REGULATED BANKS REMOVED AS TO EMPLOYEES, ETC. Code Section 7-1-37 Amended. No. 240 (Senate Bill No. 161). AN ACT To amend Code Section 7-1-37 of the Official Code of Georgia Annotated, relating to restrictions on the commissioner, officials, and examiners and penalties for violations, so as to provide that the restrictions applicable to certain prohibited financial transactions shall only apply to the commissioner, the statutory deputy commissioner, and professional examining personnel; to redefine the term financial institution to include bank holding companies and their nonbanking subsidiaries; to extend the exceptions to restricted financial transactions to state-chartered banks located outside the State of

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Georgia; to clarify the provisions relating to noncredit banking services; to authorize personnel of the department other than the commissioner and the statutory deputy commissioner to borrow from national banks which are subsidiaries of Georgia bank holding companies; to change the reporting requirements; to permit certain credit card obligations to any financial institution and loans secured by deposits by personnel of the department; to provide that personnel of the department dealing with bank officials in the ordinary course of business upon nonpreferential terms through nonbanking interests shall not be subject to restrictions; to authorize the commissioner to adopt internal rules and policies governing ethical conduct and conflicts of interest on the part of employees of the department; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 7-1-37 of the Official Code of Georgia Annotated, relating to restrictions on the commissioner, officials, and examiners and penalties for violations, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 7-1-37 to read as follows: 7-1-37. (a) Except as provided in subsections (c) and (d) of this Code section, neither the commissioner, any deputy commissioner, nor any examiner employed by the department shall directly or indirectly: (1) Receive any money or property as a loan, gift, or otherwise from or become indebted to any financial institution or from or to any director, officer, agent, employee, attorney, or subsidiary of a financial institution; (2) Own any share in or securities of a financial institution or otherwise have an ownership interest in a financial institution; or (3) Engage in the business of a financial institution. (b) For purposes of subsection (a), the term `financial institution' shall include a bank holding company and any subsidiary of a bank holding company.

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(c) The commissioner, any deputy commissioner, and examiners employed by the department may borrow money from and otherwise deal with any financial institution or subsidiary thereof existing under the laws of the United States or of any state other than this state, provided said financial institution or subsidiary is not examined or regulated by the department or, as to the commissioner and the statutory deputy commissioner required under the provisions of Code Section 7-1-35, owned or controlled by another bank or corporation which is or may be examined or regulated by the department. When such financial institution is domiciled within this state, all undertakings, including but not limited to such loans, which obligate the commissioner or any deputy commissioner to such a financial institution or subsidiary, directly or contingently by way of guaranty, endorsement, or otherwise, or which renew or modify existing obligations shall be reported by the individual concerned to the Attorney General in writing, within ten days after the execution thereof, showing the nature of the undertaking and the amount and terms of the loan or other transaction. All undertakings of a similar nature to those set forth above on the part of any examiner shall be reported to the commissioner within ten days after the execution thereof. (d) Nothing in this Code section shall prohibit the commissioner, any deputy commissioner, or any examiner of the department from maintaining a deposit in any financial institution, purchasing banking services other than credit services, or owning a single share in a credit union in the ordinary course of business and under rates and terms generally available to other customers of the financial institution. The provisions of this Code section shall not be applicable in the cases of a lender credit card obligation to a financial institution where the maximum outstanding credit may not exceed $5,000.00 nor to any other credit obligation fully secured by the pledge of a deposit account in the lending institution where the rates and terms of such obligations are not preferential in comparison to similar obligations of the financial institution's other customers. Such exempt obligations shall, however, be reported as provided in subsection (c). (e) No director, officer, agent, employee, or attorney of a financial institution, individually or in his official capacity, shall knowingly participate in a violation of this Code section. However, nothing in this Code section shall restrict the right of the commissioner, any deputy commissioner, or any examiner to deal as any other consumer with such director, officer, agent, employee, or attorney in the ordinary course of business in consumer areas of trade or commerce not

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regulated by the department and under terms and conditions which are not preferential. (f) Any commissioner, deputy commissioner, or examiner employed by the department who shall violate or participate in a violation of this Code section shall be guilty of a misdemeanor. Violation of this Code section shall be grounds for removal from office. (g) The commissioner may adopt additional supplementary administrative rules governing ethical conduct and conflicts of interest on the part of employees of the department. 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 repealed. Approved March 15, 1983. ELECTIONSTIME FOR QUALIFYING WITH PARTY OR AS INDEPENDENT CANDIDATE. Code Title 21, Chapters 2 and 3 Amended. No. 241 (Senate Bill No. 171). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide additional restrictions relative to qualifying with a political party or as an independent candidate for public office; to provide that candidates nominated by nomination petition shall file their notices of candidacy by not later than the last date for filing for party nomination or for filing for nonpartisan

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nomination in the case of nonpartisan primaries; 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 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety Code Section 21-2-137, relating to qualifying for nomination with a political party, and substituting in lieu thereof a new Code Section 21-2-137 to read as follows: 21-2-137. No person shall qualify with any political party as a candidate for nomination to any public office when such person has qualified for the same primary with another political party as a candidate for nomination by that party for any public office; nor shall a state executive committee or county executive committee of any political party certify any person as the candidate of that party when such person has previously qualified as a candidate for nomination for any public office for the same primary with another political party. No person shall file a notice of candidacy as an independent or political body candidate for any public office when such person has qualified for the same office to be filled at the same election with any political party; nor shall any person qualify with any political party when such person has filed a notice of candidacy as an independent or political body candidate for the same office to be filled at the same election. Section 2 . Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3-91, relating to filing notices of candidacy under the Georgia Municipal Election Code, and substituting in lieu thereof a new subsection (a) to read as follows: (a) Each candidate, except a candidate nominated by nomination petition provided for in subsection (f) of this Code section, or his designee shall file notice of his candidacy in the office of the municipal superintendent of his municipality 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

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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 30 days prior to the first date for qualifying. Section 3 . Said title is further amended by striking in its entirety subsection (f) of said Code Section 21-3-91, which reads as follows: (f) Candidates not having been nominated in a party primary may also be required to accompany notice of candidacy with a nominating petition if the municipality's charter or ordinance so requires., and substituting in lieu thereof a new subsection (f) to read as follows: (f) In the case of candidates nominated by nomination petition pursuant to Code Section 21-3-100, the last date for filing notice of candidacy shall be the same as the last date for filing for party nomination as provided in subsection (a) of Code Section 21-3-98, or, in the event a nonpartisan primary election is held, the last date for filing notice of candidacy by nomination petition shall be the same as the last date for filing notice of candidacy for the nonpartisan primary as provided in Code Section 21-3-103. A notice of candidacy by a nominating petition shall be accompanied by the nominating petition. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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DELEGATION OF AUTHORITY BY REGIONAL YOUTH SERVICES DIRECTOR IN COMMITMENT OF DELINQUENT CHILDREN. Code Section 49-5-10 Amended. No. 242 (Senate Bill No. 178). AN ACT To amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that the regional Youth Services Division program director may delegate responsibility to a designee for determining whether children who have been committed to the Department of Human Resources and who have violated the conditions of supervision should be apprehended; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, is amended by striking in its entirety paragraph (1) of subsection (i) and inserting in lieu thereof a new paragraph (1) to read as follows: (1) A child who has been committed to the department as a delinquent or unruly child and placed by it in any institution or facility or who has been otherwise taken into custody and who has escaped therefrom or who has been placed under supervision and broken the conditions thereof may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole officer, or any other officer of this state authorized to serve criminal process, upon a written request made by an employee of the department having knowledge of the escape or of the violation of conditions of supervision. Before a child may be taken into custody for violation of the conditions of supervision, the written request mentioned above must be reviewed by the Youth Services Division program director for that particular region or his designee. If

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the program director or his designee finds that probable cause exists to believe that the child has violated his conditions of supervision, he may issue an order directing that the child be picked up and returned to custody. 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 repealed. Approved March 15, 1983. DELINQUENT CHILDRENORDERS FOR RESTITUTION IN JUVENILE PROCEEDINGS, ETC. Code Section 15-11-35 Amended. Code Section 49-5-10 Amended. Georgia Laws 1982, Page 2199 Repealed. No. 243 (Senate Bill No. 180). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the juvenile court may make an order requiring a child to pay restitution for damages resulting from delinquent behavior; to provide that a restitution order may remain in force and effect simultaneously with other orders; to provide that enforcement of such restitution orders may be transferred to the Division of Youth Services in certain instances; to provide that enforcement of such orders may be transferred to other juvenile courts in some instances; to provide that payment of funds so ordered shall be paid to the clerk of the court, who shall be responsible for proper disbursement thereof; to provide that the court may suspend the driver's license of a child who commits

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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 amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that restitution orders shall remain in force and effect with respect to children committed to the Division of Youth Services with the Department of Human Resources; to provide for the payment of funds or notification of service completed with respect to cases involving restitution; to repeal a specific section of another Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . 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 15-11-35, relating to the disposition of a delinquent child, 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: (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;

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(3) An order 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; (4) An order committing the child to the Department of Human Resources; or (5) An order requiring that the child make such restitution as defined in paragraph (7) of Code Section 17-14-2. Such order may remain in force and effect simultaneously with any other order of the court, including, but not limited to, an order of commitment to the Division of Youth Services. While an order requiring restitution is in effect, the enforcement thereof may be transferred to the Division of Youth Services. In the event that the child changes his place of residence while the order is still in effect, the court may transfer enforcement of its order to the juvenile court of the county of the child's residence and its probation staff; however, no order of restitution shall be enforced while such child is in placement at a youth development center unless the director of the Division of Youth Services certifies that a restitution program is available at such facility. Payment of funds under this paragraph shall be made by the child or his or her family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and that court shall disburse such funds in the manner authorized in the order. (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 2 . Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to commitment of delinquent or unruly children to the Department of Human Resources, is amended by adding at the end thereof a new subsection, to be designated subsection (p), to read as follows:

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(p) When a child who is committed to the division is under court order to make certain restitution as a part of his treatment by the court, the requirement that the restitution be paid in full shall not cease with the order of commitment. The provision of the order requiring restitution shall remain in force and effect during the period of commitment and the division is empowered to enforce said restitution requirement and to direct that payment of funds or notification of service completed be made to the clerk of the juvenile court or another employee of that court designated by the judge. Section 3 . Section 3 of an Act entitled 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., approved April 22, 1982 (Ga. L. 1982, p. 2199), which Section 3 reads as follows: 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: (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:

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(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 order 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., is repealed in its entirety. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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PROBATE JUDGESPROCEEDINGS WHEN DISQUALIFIED TO ACTSUCCESSION BY CHIEF DEPUTY CLERK IN CERTAIN COUNTIES (550,000 OR MORE). Code Title 15, Chapter 9 Amended. No. 244 (Senate Bill No. 249). AN ACT To amend Code Section 15-9-13 of the Official Code of Georgia Annotated, relating to proceedings when a probate judge is disqualified or unable to act, so as to provide that any probate judge may appoint an attorney to act in place of the judge; to amend Code Section 15-9-2, relating to eligibility and disabilitites of probate judges, so as to change the eligibility requirements of probate judges in certain counties under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 15-9-13 of the Official Code of Georgia Annotated, relating to proceedings when a probate judge is disqualified or unable to act, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Whenever a judge of the probate court is disqualified to act in any case or because of sickness, absence, or any other reason is unable to act in any case, the judge of the probate court may appoint an attorney at law who is a member of the State Bar of Georgia to exercise the jurisdiction of the probate court. If the judge of the probate court does not so appoint, the judge of the city, state, or the county court, as the case may be, shall exercise all the jurisdiction of the judge of the probate court in the case. If, however, the inability of the probate judge to act arises from any unlawful act or the accusation of an unlawful act on the part of the probate judge, the probate judge may not appoint an attorney and only another judge shall exercise the jurisdiction of the probate court. Section 2 . Code Section 15-9-2, relating to eligibility and disability of probate judges, is amended by adding a new subsection (c) to read as follows:

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(c) In all counties of this state which have a population of 550,000 or more according to the United States decennial census of 1980 or any future such census a chief deputy clerk of the probate court having served as chief deputy clerk for more than two years shall be eligible to fill a vacancy in the office of probate judge for the remainder of the unexpired term without regard to whether such chief deputy clerk meets any residency requirements otherwise imposed by law if the chief deputy clerk becomes a resident of the county before taking office as probate judge. Any probate judge taking office as authorized by the preceding sentence shall thereafter be eligible to succeed himself or herself so long as he or she remains a resident of the county. Section 3 . Section 2 of this Act shall become effective July 1, 1983, and all other provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. MUNICIPALITIESPOWER OF ANNEXATION RESTRICTED. Code Section 36-35-2 Amended. No. 245 (House Bill No. 555). AN ACT To amend Code Section 36-35-2 of the Official Code of Georgia Annotated, relating to changes of municipal boundaries, so as to prohibit local annexation of certain property for a period of five years; 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 36-35-2 of the Official Code of Georgia Annotated, relating to changes of municipal boundaries, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 36-35-2 to read as follows: 36-35-2. (a) No municipal corporation shall be incorporated, dissolved, merged, or consolidated with any other municipal corporation, or have its municipal boundaries changed except by local Act of the General Assembly or by such methods as may be provided by general law. (b) Whenever any local Act of the General Assembly deannexes property lying within the boundaries of a municipal corporation, such property shall not be subject to annexation under Chapter 36 of this title for a period of five years from such deannexation. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. DEPARTMENT OF ADMINISTRATIVE SERVICESCOMMISSIONER AND ASSISTANTSRESTRICTIONS ON ATTENDANCE AT SEMINARS, LECTURES, ETC. REMOVED. Code Section 50-5-78 Amended. No. 246 (House Bill No. 608). AN ACT To amend Code Section 50-5-78 of the Official Code of Georgia Annotated, providing that it shall be unlawful for the commissioner of

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the Department of Administrative Services or employees to have financial interest in contracts or accept money or gifts, so as to make provisions for the attendance at seminars, courses, lectures, briefings, or similar functions; to change the penalty provisions; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 50-5-78 of the Official Code of Georgia Annotated, providing that it shall be unlawful for the commissioner of the Department of Administrative Services or employees to have financial interest in contracts or accept money or gifts, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 50-5-78 to read as follows: 50-5-78. (a) Neither the commissioner of administrative services, nor any assistant of his, nor any employee of the department shall be financially interested or have any personal beneficial interest either directly or indirectly in the purchase of or contract for any materials, equipment, or supplies, nor in any such firm, corporation, partnership, or association furnishing any such supplies, materials, or equipment to the state government or any of its departments, institutions, or agencies. Except as provided in subsection (b) of this Code section, it shall be unlawful for the commissioner of administrative services or any of his assistants or any employee of the department to accept or receive, directly or indirectly, from any person, firm, or corporation to whom any contract may be awarded any money or anything of more than nominal value or any promise, obligation, or contract for future reward or compensation. (b) Nothing in this Code section shall preclude the commissioner or any of his assistants or any employee of the department from attending seminars, courses, lectures, briefings, or similar functions at any manufacturer's or vendor's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the commissioner, assistant, or employee with knowledge and information relative to the manufacturer's or vendor's products or services and is one which the commissioner determines would be of benefit to the department and to the state. In connection with any such seminar, course, lecture, briefing, or similar function, nothing in this Code section shall preclude the commissioner, assistant, or employee from receiving meals from a manufacturer or

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vendor. Nothing in this Code section shall preclude the commissioner, assistant, or employee from receiving educational materials and business related items of not more than nominal value from a manufacturer or vendor. (c) Nothing contained in this Act shall permit the commissioner, assistant, or employee to accept free travel from the manufacturer or vendor outside the State of Georgia or free lodging in or out of the State of Georgia. (d) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. Any person who violates subsection (a) of this Code section shall be subject to being removed from office. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. HOSPITAL LIENSDEFINITIONSLIENS FOR NURSING HOME CARE, ETC. Code Section 44-14-470 Amended. No. 247 (House Bill No. 551). AN ACT To amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital liens, so as to provide for definitions; to provide for liens for nursing home care, treatment, or services; 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 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital liens, is amended by striking Code Section 44-14-470, relating to the creation of hospital liens, and inserting in its place a new Code Section 44-14-470 to read as follows: 44-14-470. (a) Except where the context otherwise requires in subsection (b) of this Code section, as used in this part, the term: (1) `Hospital' means any hospital or nursing home subject to regulation and licensure by the Department of Human Resources. (2) `Hospital care, treatment, or services' means care, treatment, or services furnished by a hospital or nursing home. (3) `Nursing home' means any intermediate care home, skilled nursing home, or intermingled home. (b) Any person, firm, hospital authority, or corporation operating a hospital or nursing home in this state shall have a lien for the reasonable charges for hospital or nursing home care and treatment of an injured person who enters the hospital or nursing home within one week after receiving such injuries or who enters the nursing home directly from a hospital having entered such hospital within one week after receiving such injuries, which lien shall be upon any and all causes of action accruing to the person to whom the care was furnished or to the legal representative of such person on account of injuries giving rise to the causes of action and which necessitated the hospital or nursing home care, subject, however, to any attorney's lien. 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 repealed. Approved March 15, 1983.

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USED CAR DEALERSLAW REGULATING BUSINESS CHANGED. Code Title 43, Chapter 47 Amended. No. 248 (House Bill No. 568). AN ACT To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used car dealers, so as to revise the laws regulating used car dealers; to change certain provisions relating to definitions; to eliminate certain provisions relating to retroactive payments by dealers; to change certain provisions relating to suspension or revocation of licenses; to change certain provisions relating to injunctions; to require continuing education courses; to change certain provisions relating to requirement of a license; to provide for acting upon applications; 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 47 of Title 43 of the Official Code of Georgia Annotated, relating to used car dealers, is amended by striking in its entirety Code Section 43-47-2, relating to definitions, and inserting in lieu thereof a new Code Section 43-47-2 to read as follows: 43-47-2. As used in this chapter, the term: (1) `Board' means the State Board of Registration of Used Car Dealers. (2) `Established place of business' means a salesroom or sales office of a retail used car dealership, which salesroom or sales office is located in a permanent building on an open lot, and which is physically separated from any other business and is marked by an appropriate sign, and at which a permanent business of bartering, trading, and selling of used motor vehicles is carried on in good faith. Used car dealers, wholesale and retail, shall keep and maintain the books, records, and files necessary to conduct such business. Each place of business of a used car dealer shall be furnished with a working telephone for use in conducting the business.

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(3) `Motor vehicle' or `car' means every vehicle which is selfpropelled and required to be registered under the laws of this state, except trackless trolleys (which are classified as streetcars), motorcycles, motor driven cycles, or go-carts. (4) `Person' means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character. (5) `Used motor vehicle' or `used car' means any motor vehicle or car other than a motor vehicle which has never been the subject of a retail sale by a new motor vehicle dealer or a used motor vehicle dealer to a consumer for his own use or for resale or to other licensed dealers. (6) (A) `Used motor vehicle dealer' or `used car dealer' means any person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in used motor vehicles or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not such motor vehicles are owned by such person. The sale of seven or more used motor vehicles in any one calendar year shall be primafacie evidence that a person is engaged in the business of selling used motor vehicles. (i) `Retail used motor vehicle dealer' or `retail used car dealer' means any used motor vehicle dealer who is engaged in the business of selling used motor vehicles to consumers and other licensed dealers. (ii) `Wholesale used motor vehicle dealer' or `wholesale used car dealer' means any used motor vehicle dealer who is engaged in the business of selling used motor vehicles solely to other licensed dealers. (B) `Used motor vehicle dealer' or `used car dealer' does not include: (i) Franchised motor vehicle dealers and their wholly owned and controlled subsidiaries operating in the county in which their franchise is located or operating as a direct dealer of a manufacturer;

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(ii) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court; (iii) Public officers while performing their official duties; (iv) Persons disposing of motor vehicles acquired for their own use when the same shall have been acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter. Proof of good faith, as provided in this division, shall consist of the fact that the vehicle is properly titled and registered in the name of the transferor; (v) Finance companies, banking institutions, and subsidiaries of a finance company or banking institution when the company, institution, or subsidiary sells its repossessed or leased motor vehicles. A subsidiary, for purposes of this division, is a subsidiary which engages solely in financing or leasing of motor vehicles; (vi) Insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance; (vii) Persons, firms, or corporations who act as agents for insurance companies for the purpose of soliciting insurance for motor vehicles; or (viii) Persons, firms, or corporations engaged in a business other than as a used car dealer, as defined in divisions (6)(B)(i) through (vii) of this Code section, who sell motor vehicles traded in as a part of the purchase price of an article other than a motor vehicle and which has not been acquired by direct purchase for cash, and which business is not for the purpose of violating this chapter. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-47-7, relating to registration and license requirement for persons engaged in business as a used car dealer, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) It shall be unlawful for any person to operate as a used motor vehicle dealer in this state without first registering and obtaining a license from the board as provided in this chapter. Section 3 . Said chapter is further amended by striking in its entirety subsection (e) of Code Section 43-47-8, relating to application to the board for a license, and inserting in lieu thereof a new subsection (e) to read as follows: (e) Each application for a new license after July 1, 1983, shall show that within the preceding year the applicant has attended a training and information seminar conducted by the board. Such seminar shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Motor Vehicle Title Division and the Sales and Use Tax Division of the Department of Revenue; and such other information as in the opinion of the board will promote good business practices. No such seminar shall exceed one day in length. Section 4 . Said chapter is further amended by adding at the end of Code Section 43-47-8, relating to application to board for a license, a new subsection (l) and a new subsection (m) to read as follows: (l) Each application for a license shall show that the dealer maintains an automobile dealer's public liability and property damage insurance with liability limits of not less than $50,000.00 per person and $100,000.00 per accident, personal insurance liability coverage, and $25,000.00 property damage liability coverage. The board may, in its discretion, permit self-insurance in lieu of a bond or bond of insurance if it decides that the financial ability of the dealer warrants such privilege or if it is satisfied that an applicant or licensee is possessed and will continue to be possessed of the ability to pay judgments obtained or claims against the applicant or licensee. The board may issue to the applicant, licensee, or dealer a certificate of self-insurance. The board may cancel such self-insurance upon reasonable grounds, such as failure to pay within 30 days after judgment has become final any judgment rendered against the applicant in which it is determined that the applicant is liable for damages under this chapter. (m) Each application for a new license shall be acted on by the board at their next regular meeting.

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Section 5 . Said chapter is further amended by striking in its entirety paragraph (9) of Code Section 43-47-10, relating to investigation of used car dealers by the board, and inserting in lieu thereof a new paragraph (9) to read as follows: (9) Fraud or fraudulent practice or untrustworthiness or incompetency to act as a used car dealer, including, but not limited to, the failure to provide the appropriate odometer disclosure forms required by law; . Section 6 . Said chapter is further amended by striking in its entirety Code Section 43-47-12, relating to registration with the state revenue commissioner, and inserting in lieu thereof a new Code Section 43-47-12 to read as follows: 43-47-12. As provided by law, every used car dealer doing business within this state shall register with the state revenue commissioner, making application for a dealer's registration plate. No person not licensed in accordance with this chapter shall be entitled to receive or use any dealer's registration plates for motor vehicles under the motor vehicle laws of this state providing for the issuance of such plates. Section 7 . This Act shall become effective on July 1, 1983. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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SUPERIOR COURT CLERKS' RETIREMENT FUNDCHARGES FOR FILING CIVIL CASES, BENEFITS, ETC. Code Title 47, Chapter 14 Amended. No. 249 (Senate Bill No. 73). AN ACT To amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to provide for a charge for all civil cases filed in any court in which a superior court clerk is clerk of the court; to provide a charge for the processing of instruments pertaining to real estate; to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future; 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 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 47-14-51, relating to payments to the fund from fees charged and collected in certain actions, and inserting in lieu thereof a new Code Section 47-14-51 to read as follows: 47-14-51. (a) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk of the superior court is clerk, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature, filed in the superior courts or other such courts.

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(b) In addition to all other legal costs, the sum of 50 shall be charged and collected in addition to any other fees or costs for the processing of all instruments pertaining to real estate filed in the superior courts. (c) The clerks of the superior courts shall collect the fees provided for in subsections (a) and (b) of this Code section and the fees so collected shall be remitted to the board on a quarterly basis or at such time as the board may provide. It shall be the duty of the clerks of the superior courts to keep accurate records of the amounts due the board under this Code section and such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided in this chapter. Section 2 . Said chapter is further amended by striking in their entirety subsections (a), (b), (c), (d), and (e) of Code Section 47-14-70, relating to eligibility for retirement benefits, and inserting in lieu thereof new subsections (a), (b), (c), (d), and (e) to read as follows: (a) A member with at least 20 years of service shall receive retirement benefits of $600.00 per month upon retirement, provided that at least 12 years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding his retirement. Subject to the restrictions set out in this subsection, in computing such service, a member also may include service as a deputy clerk of the superior court and not more than four years of service as a member of the armed forces of the United States on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided that no service as a member of the armed forces of the United States shall be deemed as service for purposes of obtaining retirement benefits under this chapter if such service has or will be used in the determination of the member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security. A clerk of the superior court may not include service for eligibility purposes for years in which the clerk has not completed the training requirements set out in paragraph (1) of subsection (c) of Code Section 15-6-50. (b) If a member is eligible to retire under subsection (a) of this Code section but does not retire and continues to serve as clerk, he shall be entitled to receive, upon retirement, the amount to which he

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would have been entitled under subsection (a) of this Code section; and, in addition, for each year of service beyond the required 20 years, he shall receive an additional 5 percent of the amount he would be entitled to under subsection (a) of this Code section. (c) In lieu of the retirement benefits provided in subsections (a) and (b) of this Code section, a member, upon retirement, may elect to receive 80 percent of the benefits he is entitled to receive under subsections (a) and (b) during the remainder of his life; and, after the member's death, the member's surviving spouse shall receive a monthly sum during the lifetime of the surviving spouse equal to 50 percent of the amount which the member would have received had he elected the full benefits provided under subsections (a) and (b) of this Code section. In order to be eligible for such benefits, the surviving spouse must have been married to the member for at least six years immediately preceding the member's death. Such benefits shall not commence until after the surviving spouse reaches 55 years of age. (d) A member with at least 16 years of service either as a clerk or deputy clerk shall receive retirement benefits of $480.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding his retirement. No other type of service shall be counted toward such retirement benefit. (e) A member with at least 12 years of service either as a clerk or deputy clerk shall receive retirement benefits of $360.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding his retirement. No other type of service shall be counted toward such retirement benefit. Section 3 . Said chapter is further amended by striking in its entirety Code Section 47-14-71, relating to eligibility for disability benefits, and inserting in lieu thereof a new Code Section 47-14-71 to read as follows: 47-14-71. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing 16 years of creditable service if he becomes totally and permanently disabled after commencing service as a clerk. Any such clerk shall be entitled

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to receive retirement benefits in the amount of $600.00 per month. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the board. Section 4 . Said chapter is further amended by striking in its entirety Code Section 47-14-74, relating to application of certain increases in benefits to benefits paid to surviving spouses, and inserting in lieu thereof a new Code Section 47-14-74 to read as follows: 47-14-74. The increases in retirement benefits resulting from changes made in this chapter prior to January 1, 1983, and the increases in retirement benefits resulting from changes made in this chapter during calendar year 1983 shall also be used in the computation of any retirement benefits allowed a surviving spouse of a deceased clerk pursuant to the terms of this chapter. Section 5 . Said chapter is further amended by striking in its entirety Code Section 47-14-75, relating to eligibility for benefit increases enacted on April 1, 1981, and inserting in lieu thereof a new Code Section 47-14-75 to read as follows: 47-14-75. Any other provisions of this chapter to the contrary notwithstanding, each member who retired prior to April 1, 1983, and all members who have ceased their service as clerks but have not yet reached retirement age shall receive benefits under this chapter in the same amount as a member with the same number of years of service would receive if such member retired on April 1, 1983. This Code section shall not reduce the amount of any benefits which a retired member or the spouse of a deceased member is receiving on March 31, 1983. The increased benefits provided by Code Section 47-14-71 and subsections (a), (d), and (e) of Code Section 47-14-70 shall be paid to retired members and spouses of deceased members, effective on April 1, 1983. Section 6 . This Act shall become effective April 1, 1983. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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ACCOUNTANTSLAW REGULATING PROFESSION CHANGED. Code Title 43, Chapter 3 Amended. No. 250 (Senate Bill No. 154). AN ACT To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to clarify certain matters relating to the board membership; to delete the residency requirement for certified public accountants and registered public accountants; to change notice requirements relating to certain rules; to clarify requirements relating to the experience necessary for certification; to provide a definition of good moral character; to provide for the appointment of the Secretary of State as agent for service of process for nonresidents; to provide for the issuance of temporary permits; to delete certain requirements relating to notification and extension of time for compliance with licensing requirements; to delete the requirement for issuance of biennial inactive status licenses; to provide the forms of advertising and solicitation which shall be prohibited; to authorize the board to prohibit certain solicitation by rules or regulations; to delete the exception relating to the practice of accountancy by certified public accountants or public accountants who hold certificates, degrees, or licenses of another state or foreign country from temporarily and periodically practicing in this state; to correct certain references; 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 43 of the Official Code of Georgia Annotated, relating to accountants, is amended by striking Code Section 43-3-3, relating to the creation of the State Board of Accountancy, in its entirety and substituting in lieu thereof a new Code Section 43-3-3 to read as follows: 43-3-3. (a) There is created the State Board of Accountancy.

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(b) The board shall consist of seven members, to be appointed by the Governor with the approval of the Senate. Each member of the board shall be a resident of this state. Five members of the board shall be certified public accountants, and one member shall be a registered public accountant, all of whom shall hold a permit to practice public accounting issued under Code Section 43-3-24. One member shall be appointed from the public at large and shall be a person to whom neither this state nor any other state has ever issued a certificate, registration, license, or permit to engage in the practice of public accounting. (c) Each member of the board in office on July 1, 1982, shall remain in office until the expiration of his term and the appointment and approval of his successor. (d) Any appointment or reappointment of board members shall be for a period of four years. The remaining portion of any unexpired term shall be filled by appointment by the Governor with the approval of the the Senate. Upon the expiration of his term of office, a member shall continue to serve until his successor shall have been appointed and shall have qualified. (e) No member of the board shall serve as such for more than two terms, consecutive or otherwise; and, for purposes of calculating the number of terms served, the filling of an unexpired term or terms for a total of more than 30 calendar months shall be treated as the serving of a full term. (f) Any member of the board may be removed by the Governor for misconduct, incompetence, or neglect of duty. The membership on the board of any member whose permit to practice has expired and has not been renewed, has become void, or has been revoked or suspended shall be automatically terminated simultaneously with any such expiration, voiding, revocation, or suspension. (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 Code Section 43-3-6, relating to residency, age, and character requirements of certified public accountants, in its entirety and substituting in lieu thereof a new Code Section 43-3-6 to read as follows:

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43-3-6. (a) The certificate of `certified public accountant' shall be granted by the board to any person: (1) Who has attained the age of 18; (2) Who is, in the opinion of the board, of good moral character; (3) Who meets the following requirements of education and experience: (A) Except as provided in subsection (b) of this Code section or subsection (a) of Code Section 43-3-7, the education requirement shall be the presentation to the board of such evidence as it may require that the applicant has received a baccalaureate degree or completed the requirements therefor, conferred by a college or university accredited by a national or regional accrediting organization recognized by the board, with a concentration in accounting or what the board determines to be the substantial equivalent of the foregoing, or with a nonaccounting concentration supplemented by what the board determines to be the substantial equivalent of an accounting concentration, including related courses in other areas of business administration; and (B) The experience requirement shall be two years' continuous experience in public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience; and provided, further, that the board may accept, in lieu of both of such years' experience in public accounting, evidence satisfactory to it of five years' continuous employment in the accounting field in industry, business, government, or college teaching; any combination of the above; or any combination of the above and practice in public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person certified as a certified public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and

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(4) Who shall have passed a written or oral examination, or both, in accounting, auditing, and such related subjects as the board deems appropriate. (b) The board, in its discretion, may waive the education requirement specified in paragraph (3) of subsection (a) of this Code section for any applicant, if it is satisfied, from the result of a special written examination given the applicant by the board to test his educational qualification, that he is as well equipped educationally as if he met such education requirement. (c) For the purposes of this Code section, `good moral character' means fiscal integrity and a lack of any history of acts involving dishonesty or moral turpitude. For failure to satisfy this requirement, the board may refuse to certify an applicant where it finds that there is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensee and the finding by the board of a lack of good moral character is supported by clear and convincing evidence. When an applicant is found to be unqualified for a certificate because of lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board and a complete listing of the evidence upon which the determination was based, and the applicant may request a hearing on that determination. Section 3 . Said chapter is further amended by striking Code Section 43-3-7, relating to certified public accountants and the scope of examination, in its entirety and substituting in lieu thereof a new Code Section 43-3-7 to read as follows: 43-3-7. (a) The board may provide, by regulation, for the general scope of examinations described in paragraph (4) of subsection (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6 and may obtain such advice and assistance as it deems appropriate to assist it in preparing and grading such examinations. (b) The examinations described in paragraph (4) of subsection (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6 shall be held by the board and shall take place as often as the board shall determine to be desirable, but the examination described in paragraph (4) of subsection (a) of Code Section 43-3-6 shall be held at least twice each year. The board shall publish notice of the time and place of all examinations provided for in this Code section at least

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three consecutive days in daily newspapers of general circulation published in the three cities in this state with the largest population according to the United States decennial census of 1970 or any future such census. Any such notice shall be published at least 90 days prior to the examination to which it refers. (c) An applicant who has met the education requirement specified in paragraph (3) of subsection (a) of Code Section 43-3-6 or who expects to meet it within 120 days following the examination described in paragraph (4) of subsection (a) of Code Section 43-3-6 or with respect to whom such education requirement has been waived in accordance with subsection (b) of Code Section 43-3-6 shall be eligible to take such examination without waiting until he meets the experience requirement if he also meets the requirements of paragraphs (1) and (2) of subsection (a) of Code Section 43-3-6. In the case of any applicant admitted to such examination on the expectation that he will meet the education requirement within 120 days, no certificate shall be issued, nor shall credit for the examination, or any part of it, be given unless such requirement is in fact completed within that time or within such longer period of time as the board, in its discretion, may determine. (d) An applicant for the certificate of certified public accountant who has successfully completed the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 shall have no status as a certified public accountant until he has the requisite education and experience and has received his certificate as a certified public accountant. (e) The board, by regulation, may provide for granting a credit to any applicant for his satisfactory completion of an examination in any one or more of the subjects specified in paragraph (4) of subsection (a) of Code Section 43-3-6 given by the licensing authority in another state, provided that when such applicant took such examination he had no place of business in this state and, as an employee, was not regularly employed in this state. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the most recent examination given by the board at the time of the granting of such credit.

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(f) The board, by regulation, may prescribe the time and conditions under which an applicant who passes, in one sitting, a portion of the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 pertaining to at least two or more of the subjects indicated in such paragraph may be reexamined in only the remaining subjects, with credit for the subjects previously passed, provided that the entire examination must be passed in six consecutive attempts, including the initial sitting in which at least two parts of the examination were passed. (g) With respect to examinations, the board shall charge the applicant a fee to be determined by the board, which fee shall be sufficient to pay for the cost of the examinations. (h) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of certified public accountant certificates. Section 4 . Said chapter is further amended by striking subsection (a) of Code Section 43-3-8, relating to certified public accountants and the conducting of oral examinations and the retention by joint-secretary of records of examinations, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any written examination described in paragraph (4) of subsection (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6 may be administered orally if the board determines that an applicant's physical handicap or other circumstances render him incapable of taking a written examination. Any applicant who desires to have an examination administered orally shall present to the board such evidence, as it deems appropriate, of the handicap or other circumstances necessitating such oral administration. Such evidence shall be submitted to the board at least 20 days prior to the date of examination. Section 5 . Said chapter is further amended by striking Code Section 43-3-10, relating to the issuance of temporary certificates to certified public accountants by the board, in its entirety and substituting in lieu thereof a new Code Section 43-3-10 to read as follows:

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43-3-10. In the event an applicant for a certificate as a certified public accountant meets all of the requirements for such a certificate, the board, in its discretion, may issue to him a temporary certificate as a certified public accountant. The temporary certificate shall be effective only until the board notifies him that his application for a certificate as a certified public accountant pursuant to Code Section 43-3-11 has been either granted or rejected. In no event shall a temporary certificate be in effect for more than three months after the date of its issuance. No fee shall be charged for such certificate. Section 6 . Said chapter is further amended by striking Code Section 43-3-11, relating to certified public accountants and reciprocity with other states, in its entirety and substituting in lieu thereof a new Code Section 43-3-11 to read as follows: 43-3-11. The board, in its discretion, may waive the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 and may issue a certificate as a certified public accountant to any person who possesses the qualifications specified in paragraphs (1) and (2) of subsection (a) of Code Section 43-3-6 and what the board determines to be the substantial equivalent of the qualifications under paragraph (3) of subsection (a) of Code Section 43-3-6 and who is a holder of a certificate as a certified public accountant, then in full force and effect, issued under the laws of another state, provided that the certificate held by such person was issued after an examination which, in the judgment of the board, is the equivalent of the standard established by the board for examinations administered pursuant to paragraph (4) of subsection (a) of Code Section 43-3-6; and provided, further, that such privileges are extended to citizens of this state by the state originally granting the certificate. Notwithstanding the following, the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 shall be waived by the board in the case of an applicant who has been engaged in public practice for a period of ten years in another state pursuant to authority issued by such state. Section 7 . Said chapter is further amended by striking Code Section 43-3-13, relaing to residency, age, and character requirements of registered public accountants, in its entirety and substituting in lieu thereof a new Code Section 43-3-13 to read as follows: 43-3-13. (a) The certificate of `registered public accountant' shall be granted by the board to any person:

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(1) Who has attained the age of 18; (2) Who is, in the opinion of the board, of good moral character; (3) Who meets the following requirements of education and experience: (A) Except as provided in subsection (b) of this Code section or subsection (c) of Code Section 43-3-14, the education requirement shall be the presentation to the board of such evidence as it may require that the applicant has received a high school diploma or completed the requirements therefor or what the board determines to be the substantial equivalent of the foregoing; (B) The experience requirement shall be two years' continuous experience in public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience; and provided, further, that the board may accept, in lieu of both of such years' experience in public accounting, evidence satisfactory to it of five years' continuous employment in the accounting field in industry, business, government, or college teaching; any combination of the above; or any combination of the above and practice in public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person registered as a registered public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and (4) Who shall have passed a written or oral examination, or both, in accounting, auditing, and such related subjects as the board deems appropriate. (b) The board, in its discretion, may waive the education requirement specified in paragraph (3) of subsection (a) of this Code section for any applicant if it is satisfied, from the result of a special

Page 567

written examination given the applicant by the board to test his educational qualification, that he is as well equipped educationally as if he met such education requirement. (c) For the purposes of this Code section, `good moral character' means fiscal integrity and a lack of any history of acts involving dishonesty or moral turpitude. For failure to satisfy this requirement, the board may refuse to certify an applicant where it finds that there is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensee and the finding by the board of a lack of good moral character is supported by clear and convincing evidence. When an applicant is found to be unqualified for a certificate because of lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board and a complete listing of the evidence upon which the determination was based, and the applicant may request a hearing on that determination. Section 8 . Said chapter is further amended by striking Code Section 43-3-14, relating to registered public accountants and the scope of examination, in its entirety and substituting in lieu thereof a new Code Section 43-3-14 to read as follows: 43-3-14. (a) The board may provide, by regulation, for the general scope of examinations described in paragraph (4) of subsection (a) of Code Section 43-3-13 and subsection (b) of Code Section 43-3-13 and may obtain such advice and assistance as it deems appropriate to assist it in preparing and grading such examinations. (b) The examinations described in paragraph (4) of subsection (a) of Code Section 43-3-13 and subsection (b) of Code Section 43-3-13 shall be held by the board and shall take place as often as the board shall determine to be desirable, but the examination described in paragraph (4) of subsection (a) of Code Section 43-3-13 shall be held at least twice each year. The board shall publish notice of the time and place of all examinations provided for in this Code section at least three consecutive days in daily newspapers of general circulation published in the three cities in this state with the largest population according to the United States decennial census of 1970 or any future such census. Any such notice shall be published at least 90 days prior to the examination to which it refers.

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(c) An applicant who has met the education requirement specified in paragraph (3) of subsection (a) of Code Section 43-3-13 or who expects to meet it within 120 days following the examination described in paragraph (4) of subsection (a) of Code Section 43-3-13 or with respect to whom such education requirement has been waived in accordance with subsection (b) of Code Section 43-3-13 shall be eligible to take such examination without waiting until he meets the experience requirement if he also meets the requirements of paragraphs (1) and (2) of subsection (a) of Code Section 43-3-13. In the case of any applicant admitted to such examination on the expectation that he will meet the education requirement within 120 days, no certificate shall be issued, nor shall credit for the examination, or any part of it, be given unless such requirement is in fact completed within that time or within such longer period of time as the board, in its discretion, may determine. (d) An applicant for the certificate of registered public accountant who has successfully completed the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13 shall have no status as a registered public accountant until he has the requisite education and experience and has received his certificate as a registered public accountant. (e) The board, by regulation, may provide for granting a credit to any applicant for his satisfactory completion of an examination in any one or more of the subjects specified in paragraph (4) of subsection (a) of Code Section 43-3-13 given by the licensing authority in another state, provided that when such applicant took such examination he had no place of business in this state and, as an employee, was not regularly employed in this state. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the most recent examination given by the board at the time of the granting of such credit. (f) The board, by regulation, may prescribe the time and conditions under which an applicant who passes, in one sitting, a portion of the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13 pertaining to at least two or more of the subjects indicated in such paragraph may be reexamined in only the remaining subjects, with credit for the subjects previously passed, provided that the entire examination must be passed in ten consecutive attempts,

Page 569

including the initial sitting in which at least two parts of the examination were passed. (g) With respect to examinations, the board shall charge the applicant a fee to be determined by the board, which fee shall be sufficient to pay for the cost of the examinations. (h) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of registered public accountant certificates. Section 9 . Said chapter is further amended by striking subsection (a) of Code Section 43-3-15, relating to registered public accountants and the conducting of oral examinations and the retention by the joint-secretary of records of examinations, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any written examination described in paragraph (4) of subsection (a) of Code Section 43-3-13 may be administered orally if the board determines that an applicant's physical handicap or other circumstances render him incapable of taking a written examination. Any applicant who desires to have an examination administered orally shall present to the board such evidence, as it deems appropriate, of the handicap or other circumstances necessitating such oral administration. Such evidence shall be submitted to the board at least 20 days prior to the date of examination. Section 10 . Said chapter is further amended by striking Code Section 43-3-17, relating to the issuance of temporary certificates to registered public accountants by the board, in its entirety and substituting in lieu thereof a new Code Section 43-3-17 to read as follows: 43-3-17. In the event an applicant for a certificate as a registered public accountant meets all of the requirements for such a certificate, the board, in its discretion, may issue to him a temporary certificate as a registered public accountant. The temporary certificate shall be effective only until the board notifies him that his application for a certificate as a registered public accountant pursuant to Code Section 43-3-18 has been either granted or rejected. In no

Page 570

event shall a temporary certificate be in effect for more than three months after the date of its issuance. No fee shall be charged for such certificate. Section 11 . Said chapter is further amended by striking Code Section 43-3-18, relating to registered public accountants and reciprocity with other states, in its entirety and substituting in lieu thereof a new Code Section 43-3-18 to read as follows: 43-3-18. The board, in its discretion, may waive the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13 and may issue a certificate as a registered public accountant to any person who possesses the qualifications specified in paragraphs (1) and (2) of subsection (a) of Code Section 43-3-13 and what the board determines to be the substantial equivalent of the qualifications under paragraph (3) of subsection (a) of Code Section 43-3-13 and who is a holder of a certificate as a registered public accountant, then in full force and effect, issued under the laws of another state, provided that the certificate held by such person was issued after an examination which, in the judgment of the board, is the equivalent of the standard established by the board for examinations administered pursuant to paragraph (4) of subsection (a) of Code Section 43-3-13; and provided, further, that such privileges are extended to citizens of this state by the state originally granting the certificate. Section 12 . Said chapter is further amended by striking Code Section 43-3-24, relating to issuance of permits to qualified individuals and professional corporations to practice public accountancy, in its entirety and substituting in lieu thereof a new Code Section 43-3-24 to read as follows: 43-3-24. (a) A permit to engage in the practice of public accountancy in this state shall be issued by the joint-secretary, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-3-12, registered as a public accountant under Code Sections 43-3-13 through 43-3-19, or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals, partnerships, professional associations, and professional corporations registered under Code Section 43-3-21 or 43-3-22, provided that all offices of such certificate holder or registrant are maintained and registered as required under Code Section 43-3-23.

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There shall be a biennial permit fee in an amount to be determined by the board. (b) For the purpose of enabling persons, partnerships, professional associations, or professional corporations licensed in other states to perform specific professional engagements involving the practice of public accounting in this state, the board shall grant temporary permits to practice to persons, partnerships, professional associations, or professional corporations who make application and demonstrate their qualifications therefor in accordance with the following provisions: (1) An applicant for a temporary permit under this subsection shall show that he is duly licensed and authorized to practice as a certified public accountant or as a partnership, professional association, or professional corporation of certified public accountants or the equivalent in another state or as a registered public accountant or as a partnership or professional association of registered public accountants or the equivalent in another state and shall give the name of each person who will be engaged in the practice of public accounting in this state in the performance of the professional engagement which is the subject of the application; (2) The board shall charge a fee for each application for issuance or renewal of a temporary permit under this subsection, in an amount to be determined by the board by rule, for each applicant and for each person who is to engage in the practice of public accounting in this state under the permit; (3) A temporary permit issued under this Code section shall be limited to the single specific professional engagement which is the occasion for the application for a permit; it shall name each person who is to engage in the practice of public accounting in this state pursuant to such engagement; and it shall be valid for no more than 90 days after its issuance; (4) An application for a temporary permit under this subsection shall constitute the appointment of the Secretary of State as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to the performance of the professional engagement for which the temporary permit was issued; and

Page 572

(5) No temporary permit shall be issued to, or with respect to the performance of services by, any person who is a resident of this state. Section 13 . Said chapter is further amended by striking Code Section 43-3-26, relating to the extension of time for compliance with licensing requirements, which reads as follows: 43-3-26. The failure of the board to provide timely notification by certified mail to holders of live certificates of changes in the requirements for maintenance of such live certificates shall be regarded by the board as sufficient cause for extending the period for compliance with such requirements by a period of 12 months., in its entirety. Section 14 . Said chapter is further amended by striking Code Section 43-3-27, relating to biennial inactive status licenses, which reads as follows: 43-3-27. The board shall issue biennial inactive status licenses to applicants who, except for the requirement for continuing professional education, would qualify for biennial permits to practice., in its entirety. Section 15 . Said chapter is further amended by adding new subsections (h) and (i) at the end of Code Section 43-3-35, relating to the use of terms certified public accountant and public accountant generally, to read as follows: (h) A licensee shall not use or participate in the use of any form of public communication having reference to his professional services which contains a false, fraudulent, misleading, deceptive, or unfair statement or claim. A false, fraudulent, misleading, deceptive, or unfair statement or claim includes but is not limited to a statement or claim which: (1) Contains a misrepresentation of fact; (2) Is likely to mislead or deceive because it fails to make full disclosure of relevant facts;

Page 573

(3) Contains any testimonial, laudatory, or other statement or implication that the licensee's professional services are of exceptional quality, if not supported by verifiable facts; (4) Is intended or likely to create false or unjustified expectations of favorable results; (5) Implies educational or professional attainments or licensing recognition not supported in fact; (6) States or implies that the licensee has received formal recognition as a specialist in any aspect of the practice of public accounting, except in accordance with rules adopted by the board; (7) Represents that professional services can or will be completely performed for a stated fee when this is not the case or makes representations with respect to fees for professional services that do not disclose all variables that may reasonably be expected to affect the fees that will in fact be charged; or (8) Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived. (i) The board may by rule or regulation prohibit a licensee from soliciting by any direct personal communication an engagement to perform professional services. Section 16 . Said chapter is further amended by striking Code Section 43-3-36, relating to exceptions, in its entirety and substituting in lieu thereof a new Code Section 43-3-36 to read as follows: 43-3-36. (a) Nothing contained in this chapter shall prohibit any person who is not a certified public accountant or public accountant from serving as an employee of or an assistant to a certified public accountant or public accountant or partnership, professional association, or professional corporation of certified public accountants or public accountants holding a live permit or a foreign accountant registered under Code Section 43-3-20 and holding a live permit, provided that such employee or assistant shall not issue or attest to any accounting or financial statement over his name.

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(b) Nothing contained in this chapter shall prohibit any person from offering to perform or performing for the public, for compensation, any of the following services: (1) The recording of financial transactions in books of record; (2) The making of adjustments of such transactions in books of record; (3) The making of trial balances from books of record; (4) Internal verification and analysis of books or accounts of original entry; (5) The preparation of unaudited financial statements, schedules, or reports; (6) The devising and installing of systems or methods of bookkeeping, internal controls of financial data, or the recording of financial data; or (7) The preparation of tax returns and related forms. Section 17 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 18 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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LAW RELATING TO ASSESSMENT OF TAX EXECUTION FEES AMENDED. Code Section 48-5-161 Amended. No. 251 (House Bill No. 127). AN ACT To amend Code Section 48-5-161 of the Official Code of Georgia Annotated, relating to the time for issuance of tax executions and attachment of a receipt to said executions, so as to change the provisions relating to assessment of execution 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 48-5-161 of the Official Code of Georgia Annotated, relating to the time for issuance of tax executions and attachment of a receipt to said executions, is amended by striking subsection (c) in its entirety and substituting in lieu thereof 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 all costs, commissions, interest, and penalties as provided by law. 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. 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 15, 1983. QUALIFICATIONS OF COUNTY BOARDS OF TAX ASSESSORS AND OF TAX EQUALIZATION CHANGED. Code Title 48, Chapter 5 Amended. No. 252 (House Bill No. 75). 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 remove the requirement that a member be 72 years of age or less; to designate the alternate members of the board of equalization; to provide for an alternate becoming a member of the board; to provide for filling a vacancy among the alternates; 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 striking paragraph (1) of subsection (a) of Code Section 48-5-291, relating to qualifications for members of county boards of tax assessors, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) Is less than 21 years of age;. Section 2 . Said chapter is further amended by striking subsection (c) of Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation, duties, review of assessment, and

Page 577

appeals of county boards of equalization, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) (1) Each member and alternate member of the county board of equalization shall be appointed for a term of two calendar years next succeeding the date of his selection. Each term shall begin on January 1. (2) The grand jury in each county at any term of court preceding November 1 of each odd-numbered year shall select three persons from the current grand jury list who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons from the current grand jury list who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three. If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. (3) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver to the sheriff or his deputy a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or his deputy shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (4) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of his duties, shall take and subscribe before the clerk of the superior court the following oath:

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`You shall faithfully and impartially discharge the duty of members and alternate members of the board of equalization for the County of, in accordance with the Constitution and laws of this state, to the best of your skill and knowledge. So help you God.' In addition to the oath of office prescribed in this paragraph, the judge of the superior court shall charge each member and alternate member of the county board of equalization with the law and duties relating to his office. 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 15, 1983. SUPERIOR COURT CLERKSMINIMUM ANNUAL SALARY FIXED BY COUNTY POPULATION. Code Section 15-6-88 Amended. No. 253 (Senate Bill No. 182). AN ACT To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to change the minimum annual salaries for clerks of the superior courts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 579

Section 1 . Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by striking in its entirety Code Section 15-6-88, which reads as follows: 15-6-88. Any other law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of 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 1970 or any future such census; provided, however, that in the event that 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. Each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule: Population Minimum Salary 05,999 $ 10,800.00 6,0007,999 14,400.00 8,00011,999 14,400.00 12,00019,999 16,800.00 20,00029,999 18,000.00 30,00039,999 19,200.00 40,00049,999 20,400.00 50,00099,999 21,600.00 100,000199,999 22,800.00 200,000and up 24,000.00, and inserting in lieu thereof a new Code Section 15-6-88 to read as follows: 15-6-88. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of 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. Each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule: Population Minimum Salary 05,999 $ 12,528.00 6,00011,999 17,204.00 12,00019,999 19,488.00 20,00029,999 20,880.00 30,00039,999 22,272.00 40,00049,999 23,664.00 50,00099,999 25,056.00 100,000199,999 26,448.00 200,000249,999 27,840.00 250,000299,000 38,500.00 300,000and up 42,500.00 Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983.

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SUPERIOR COURT CLERKSMINIMUM ANNUAL SALARYDETERMINATION OF POPULATION IN CERTAIN COUNTIES. Code Section 15-6-88.1 Enacted. No. 254 (Senate Bill No. 189). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to provide that, for purposes of determining the minimum annual salary of the clerk of superior court in any county in which more than 70 percent of the population of the county resides on certain property of the United States government, the population shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government; 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 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, is amended by adding a new Code Section 15-6-88.1 to read as follows: 15-6-88.1. In any county in which more than 70 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 purposes of Code Section 15-6-88 shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1983. SAFE DAMS STUDY COMMISSION CREATED. No. 5 (House Resolution No. 27). A RESOLUTION Creating the Safe Dams Study Commission and authorizing a Safe Dams Technical Task Force; and for other purposes. WHEREAS, upon the failure of the Toccoa Falls Dam resulting in a major loss of lives, the General Assembly approved the Georgia Safe Dams Act of 1978; and WHEREAS, the impact of the Safe Dams Act of 1978 resulted in significant improvements being made to many unsafe dams in Georgia, but the implementation of the program created certain hardships on some owners of existing dams; and WHEREAS, during the 1982 session of the General Assembly certain of these hardships were addressed through the establishment of specific standards that still retained an effective law that assured the protection of life; and WHEREAS, there are other issues which merit additional study and deliberation including the requirements placed on existing dam owners, the rights of downstream property owners, the issue of zoning and land use, and dams under public ownership which may require major improvements. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created a Safe Dams Study

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Commission to be composed of nine members, three members to be appointed by the Governor, three members to be appointed by the Speaker, and three members to be appointed by the Lieutenant Governor. The members of the commission shall elect one member chairman. In order to provide such technical expertise and assistance as the commission deems necessary, the commission is authorized to designate the members of a Safe Dams Technical Task Force which shall include representatives from the State Soil and Water Conservation Committee, the Department of Natural Resources, the United States Department of Agriculture, the Soil Conservation Service, and the United States Army Corps of Engineers. The Safe Dams Study Commission shall examine the Georgia Safe Dams Act of 1978, as amended, and shall prepare a report with recommendations to the Governor and General Assembly to be presented along with any necessary legislation in January, 1984, during the regular session of the General Assembly. BE IT FURTHER RESOLVED that the legislative members of the commission shall be entitled to receive the compensation and allowances authorized for legislative members of interim study committees. Of the members of the commission appointed by the Governor, those who are officials or employees of the state government shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties by the respective state agency which employs the official or employee. Other members shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties. 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. The members of the technical task force who are officials or employees of the state government shall be reimbursed for the actual and necessary expenses incurred by them in carrying out their duties by the respective state agency which employs the official or employee. Except as otherwise provided herein, the funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of the state government. Approved March 16, 1983.

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LAND CONVEYANCES TO JAMES R. IVEY, JR. AND TO BALDWIN COUNTY. No. 6 (House Resolution No. 154). A RESOLUTION Authorizing the conveyance of certain state owned properties 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 two tracts or parcels approximately one-half (.5) of one acre each located in Baldwin County, Georgia; and WHEREAS, due to the relocation of Garrett Way and Roberson Lumber Mill Road, said properties are now located adjacent to privately and state owned property as a result of said road improvement; and WHEREAS, said real properties are all those tracts or parcels of land lying and being in Baldwin County, Georgia, and being generally described as follows: 1. That certain now vacant and unimproved triangular-shaped lot, approximately one-half (.5) of one acre, parcel of land situate, lying and being along and immediately adjoining the property of James R. Ivey, Jr., on the east, the new right-of-way property line of Roberson Lumber Mill Road on the west, and the northern right-of-way property line of Garrett Way on the south, all being in the original first land and present 318th militia district, in Baldwin County, Georgia, it lying in and being a part of land lot number 281. 2. All that certain State-owned parcel of land approximately one-half (.5) of one acre needed for the new right-of-way for Roberson Lumber Mill Road by the County of Baldwin, located in the original first land and present 138th militia district, in Baldwin County, Georgia, it lying in and being a part of land lot number 281; and

Page 585

WHEREAS, the properties are not useful to or needed by the State of Georgia and therefore are 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 properties and, in all matters relating to the conveyance of the properties, 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 properties to James R. Ivey, Jr., and Baldwin County subject to the following terms and conditions: 1. The consideration from James R. Ivey, Jr., shall not be less than the fair market value as determined by the State Properties Commission for that above-described tract or parcel number 1; the consideration from Baldwin County for the above-described tract or parcel number 2 should be $1.00. 2. That James R. Ivey, Jr., and Baldwin County shall furnish at their expense a legal description of the above-described properties and a plat of survey of the above-described properties, including the abandoned right-of-way of Garrett Way, prepared by a Georgia Registered Land Surveyor, which shall be presented to and approved by the State Properties Commission. 3. Such other 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 March 16, 1983. EASEMENT TO RESOURCE RECOVERY DEVELOPMENT AUTHORITY FOR THE CITY OF SAVANNAH. No. 7 (Senate Resolution No. 111). A RESOLUTION Authorizing and empowering the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the Resource Recovery Development Authority for the City of Savannah, its successors and assigns, an easement over, under, across, and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, improvement, and replacement of a resource recovery facility to be built over, under, across, or through such state owned or claimed properties; and for other purposes. WHEREAS, the Resource Recovery Development Authority for the City of Savannah, a public authority established by the City of Savannah pursuant to Ga. L. 1978, p. 1898, proposes to acquire, construct, improve, maintain, and place into operation and to operate or cause to be placed into operation and operated a resource recovery project in Chatham County, Georgia; and WHEREAS, portions of the site on which such facility will be located and the access ways thereto will be on lands which may be owned or claimed by the State of Georgia as below the ordinary high water mark; and

Page 587

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 that the State of Georgia grant and convey an easement under 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, the State of Georgia, acting by and through its State Properties Commission, is authorized to grant and convey to the Resource Recovery Development Authority for the City of Savannah, its successors and assigns, an easement to use, occupy, employ, and enjoy for the purposes of constructing, installing, operating, maintaining, repairing, improving, and replacing a resource recovery project and all facilities and improvements that shall be reasonably necessary in connection therewith, including roads and access ways over, under, across, and through certain property in Chatham County, Georgia, upon the following conditions: (1) The specific property of said easement area shall be shown on a current and accurate field survey, and a plat thereof, showing with particularity the location of the property subject to the easement and the easement area, which is a part of property conveyed in a Deed dated July 12, 1951, and recorded in Deed Book 54-D, Page 428 of Chatham County, Georgia Records from Savannah District Authority (now Savannah Port Authority) to American Cyanamid Company as containing sixteen hundred (1,600) acres, more or less, bounded on the North by the low water mark of the Savannah River and the South Channel thereof and on the East by St. Augustine Creek or Wilmington River and any lands claimed or owned by the State of Georgia adjacent thereto reasonably necessary for roads or ways of access, the cost of which survey shall be paid by the Resource Recovery Development Authority for the City of Savannah, and which survey shall be approved by the State Properties Commission; and

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(2) Approval by the Department of Natural Resources of said easement to ensure compliance with the standards as set forth in the laws, rules, and regulations administered by the department; and (3) Continuing compliance by the Resource Recovery Development Authority for the City of Savannah, its successors and assigns, with all applicable laws, rules, and regulations pertaining to the subject matter hereof; and (4) Payment to the State of Georgia of a consideration of $10.00 by the Resource Recovery Development Authority for the City of Savannah; and (5) Such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. BE IT FURTHER RESOLVED that said easement is made only for the purposes set out above and shall continue only so long as the Resource Recovery Development Authority for the City of Savannah, its successors and assigns, continues to maintain and operate the proposed facility; and, should said proposed facility be permanently abandoned or the use thereof permanently discontinued, said easement shall terminate. Approved March 16, 1983. CONVEYANCE OF AN ESTATE FOR YEARS TO THE CITY OF JACKSON. No. 8 (House Resolution No. 107). A RESOLUTION Authorizing the conveyance of an estate for years in certain real property located in Butts County, Georgia, to the City of Jackson, Georgia; and for other purposes.

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WHEREAS, the State of Georgia is the owner of certain real property located in Butts County, Georgia, which real property is more fully described as follows: All that tract of land situate, lying and being in Butts County, Georgia, and located adjacent to the South side of land conveyed by the State of Georgia to the City of Jackson, Georgia, in 1973 for a Water Treatment Plant site, said deed and plat of survey therefor being recorded in the Office of the Secretary of State as document number 5752; and WHEREAS, the City of Jackson, Georgia, desires to obtain an estate for years in said real property for purposes of constructing a storage reservoir thereon; and WHEREAS, the power to deal with and dispose of state owned property is vested in the General Assembly; and WHEREAS, it is the judgment of the General Assembly that an estate for years in said real property may be granted to the City of Jackson to its benefit and without detriment to the state's interests. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The State of Georgia is the owner of the above-described real property and in all matters relating to the conveyance of an interest in 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 to the City of Jackson, Georgia, an estate for years in the above-described real property upon the following terms and conditions: (1) That the City of Jackson shall furnish at the city's expense a plat conforming to the requirements of Code Section 50-16-122 of the O.C.G.A.; (2) That the duration of the estate for years conveyed to the City of Jackson shall be for 50 years;

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(3) That the consideration furnished by the City of Jackson to the State of Georgia shall be $1.00; and (4) Such other terms and conditions as the State Properties Commission may require as being in the best interests of the State of Georgia. Section 3 . Such estate for years may hereafter be extended or renewed upon such terms and conditions as the State Properties Commission may require as being in the best interests of the State of Georgia. Section 4 . The State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 5 . This resolution shall become effective as law upon its approval by the Governor or upon its becoming law without his approval. Approved March 16, 1983. STATE BOARD OF MEDICAL EXAMINERS DIRECTED TO ADOPT RULES RELATING TO ABUSE OF CERTAIN DRUGS. No. 9 (Senate Resolution No. 121). A RESOLUTION Directing the Composite State Board of Medical Examiners to develop and adopt appropriate rules and regulations relating to the abuse of amphetamines and amphetamine-like drugs; and for other purposes.

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WHEREAS, the Composite State Board of Medical Examiners has identified a problem in Georgia with abuse of prescription amphetamines and amphetamine-like drugs for the treatment of obesity and other nonrelated acceptable medical treatments; and WHEREAS, the Composite State Board of Medical Examiners through its rule-making process can define minimal standards of acceptable and prevailing medical practice; and WHEREAS, rules adopted by the Composite State Board of Medical Examiners through the Georgia Administrative Procedure Act will be binding on those persons licensed and governed by that board; and WHEREAS, such rules adopted by the board will have the effect and enforceability of law and will be adequate to correct the abuse of amphetamines and amphetamine-like drugs. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that this body recognizes that there is a problem with the abuse of amphetamines and amphetamine-like drugs for the treatment of obesity and other nonrelated acceptable medical treatments in Georgia. BE IT FURTHER RESOLVED that the Georgia General Assembly directs the Composite State Board of Medical Examiners to develop and adopt expeditiously the appropriate rules and regulations to curb the abuse of prescription amphetamine and amphetamine-like drugs. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Composite State Board of Medical Examiners. Approved March 16, 1983.

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LAND CONVEYANCE TO MRS. MARGARET BURKE WHITE. No. 10 (Senate Resolution No. 112). A RESOLUTION Authorizing the conveyance of certain real property located in Glynn County, Georgia, to Mrs. Margaret Burke White; and for other purposes. WHEREAS, from 1973 through 1980, the State of Georgia was involved in litigation over the question of title to certain accreted land on St. Simons Island, Georgia, seaward of the lots in East End Subdivision; and WHEREAS, by decisions of the Supreme Court of Georgia in State v. Ashmore , 236 Ga. 401 (1976), and Lines v. State of Georgia , 245 Ga. 390 (1980), it was determined that title to the accreted land seaward of the lots in East End Subdivision belonged to the owners of the individual lots and that such property was not burdened with a recreational easement in favor of the public; and WHEREAS, in 1974, as an altruistic effort to assist the state in litigation of the public claims to the property, Mrs. Margaret Burke White quitclaimed to the State of Georgia any and all right, title, and interest which she might have in all the accreted land seaward of East End Subdivision; and WHEREAS, that quitclaim deed stated the desire of Mrs. White that the accreted property should not be developed in any way, that she be able to cross the property to gain access to the beach and the ocean, and that the property be used for public purposes only; and WHEREAS, since all the other accreted land is privately owned, there is no longer any guarantee that it will all remain in its natural state, it is not being used for public purposes only, and in fact some of the accreted land is in the process of development; and WHEREAS, the effect of the quitclaim deed from Mrs. White was to convey to the State of Georgia a strip of land 50 feet wide extending

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from Mrs. White's lot to the high water mark of the Atlantic Ocean a distance of more than 600 feet; and WHEREAS, such a narrow and small tract of land has little value to the State of Georgia and cannot be effectively put to any use by the State of Georgia, except to be left in its natural state; and WHEREAS, conveyance to Mrs. White of a small portion of that tract of land, 50 feet by 100 feet adjacent to her lot, will not diminish the value to the public of the remainder of the tract. 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 Mrs. Margaret Burke White a quitclaim deed to the following real property: All that tract or parcel of land lying and being on St. Simons Island, Glynn County, Georgia, being an extension of Lot 38 of East End Subdivision, St. Simons Island, Georgia, in a southeastwardly direction for 100 feet, as shown on a plat prepared by Biletzskov Associates, Inc., dated December 17, 1982, which plat is incorporated herein by reference, said tract being more particularly described according to said plat as follows: BEGINNING at an iron pin set on the easterly right-of-way of Beach Drive (unopened 50-foot right-of-way), which point marks the point of intersection of the easterly right-of-way of Beach Drive with the northerly property line of Lot 38 as extended in a southeasterly direction across Beach Drive; running thence south 48 degrees 44 minutes east 100 feet to an iron pin set; thence running south 40 degrees 07 minutes 14 seconds west 50.01 feet to an iron pin set on the southerly property line of Lot 38 as extended in a southeasterly direction across Beach Drive; running thence north 48 degrees 44 minutes west a distance of 100 feet to an iron pin set on the easterly right-of-way of Beach Drive, which point is the intersection of the easterly right-of-way of Beach Drive with the southerly property line

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of Lot 38 as extended in a southeasterly direction across Beach Drive; running thence north 40 degrees 07 minutes 14 seconds east a distance of 50.01 feet to the point of beginning. Section 3 . That the consideration for such quitclaim deed shall be $1.00 and the significant contribution which was made by Mrs. White to the State of Georgia. Section 4 . That the quitclaim deed include a provision prohibiting any construction seaward of a line parallel to and 78 feet seaward of the easterly right-of-way of Beach Drive, as shown on the plat referenced in the description of the property, which will be enforceable against all successors in title of Mrs. White. Section 5 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 6 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 7 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 16, 1983. LAND CONVEYANCE TO MR. AND MRS. FRANK J. BAIA, JR. No. 11 (Senate Resolution No. 89). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to Mr. and Mrs. Frank J. Baia, Jr.; and for other purposes.

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WHEREAS, the State of Georgia is the owner of certain real property located in the City of Kingston, Bartow County, Georgia; and WHEREAS, said real property is described as follows: All or part of that certain tract or parcel of land containing approximately Twenty (20) feet x Five Hundred and Ten (510) feet (the exact dimension shall be provided for by the lessee of the WA Railroad) more or less situate, lying and being in the City of Kingston, Georgia, and in Land Lot 231 of the 16th District, 3rd Section, of Bartow County, Georgia, and being more particularly described as all or part of Parcel No. 11 and Parcel No. 12 shown on Western and Atlantic Railroad Valuation Map No. V2/27 which is filed in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia.; and WHEREAS, the State of Georgia currently has the above-described property leased to the Seaboard System Railroad until December 31, 1994; and WHEREAS, Mr. and Mrs. Frank J. Baia, Jr., own property adjoining the above-described real property; and WHEREAS, Mr. and Mrs. Frank J. Baia, Jr., are desirous of obtaining all of the above-described real property for access to their 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 Seaboard System Railroad, conveying its interest in said property to the State of Georgia by appropriate instrument.

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Section 3 . That the above-described real property shall be sold and conveyed by appropriate instrument to Mr. and Mrs. Frank J. Baia, Jr., by the State of Georgia, acting by and through the State Properties Commission, for a consideration 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 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. Section 5 . 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. Section 6 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 16, 1983. LAND CONVEYANCE TO THE CLAYTON COUNTY BOARD OF EDUCATION. No. 12 (Senate Resolution No. 83). A RESOLUTION Authorizing the conveyance of certain real property located in Clayton County, Georgia; and for other purposes.

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WHEREAS, the Clayton County Board of Education deeded all of the herein described real property, currently under the custody and management of the Department of Human Resources; and WHEREAS, the property is identified as being in Land Lots 16 and 17 of the 12th Land District of Clayton County, containing 4.013 acres, and more particularly described on a plat prepared by Lum, Hall Associates of Jonesboro, Georgia, for the Clayton County Board of Education dated May 31, 1974; and WHEREAS, the Clayton County Board of Education has requested that the above-described 4.013 acres of such property be transferred back to the Clayton County Board of Education in order to expand, operate, and maintain a vocational development center to be used in the delivery of services to multihandicapped, retarded citizens; and WHEREAS, the above-described property is no longer needed by the Department of Human Resources and was declared surplus by the Board of Human Resources on July 21, 1982. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA 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. BE IT FURTHER RESOLVED that the State Properties Commission is authorized to convey the above-described property to the Clayton County Board of Education for a nominal consideration 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. BE IT FURTHER RESOLVED that the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval.

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BE IT FURTHER RESOLVED that all laws and parts of laws in conflict with this resolution are repealed. Approved March 16, 1983. PLAN OF OPERATION DEVELOPED BY DEPARTMENT OF ADMINISTRATIVE SERVICES RATIFIED. No. 14 (House Resolution No. 145). A RESOLUTION To adopt and ratify a temporary state plan of operation developed by the Department of Administrative Services in conformity with Section 203 (j) (4) (A) of the Federal Property and Administrative Services Act of 1949, as amended by Section 1 of Public Law 94-519, to serve as a permanent plan for the operation of the Federal Surplus Property Program in this state; and for other purposes. WHEREAS, Section 203 (j) (4) (A) of the Federal Property and Administrative Services Act of 1949, as amended by Section 1 of Public Law 94-519, states that before federal surplus property may be donated to any state, said state shall develop, according to state law, a detailed plan of operation developed in conformity with the provisions of said federal statutes; and WHEREAS, said federal statute requires legislative development or adoption of the state's temporary plan of operation in order for it to become a permanent plan; and WHEREAS, it is the desire of the State of Georgia to have a permanent plan of operation as contemplated by federal law. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the temporary state plan of operation, as developed, be adopted and declared by the legislature as this

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state's permanent plan for the administration of the federal surplus property activities of this state. BE IT FURTHER RESOLVED that in order to comply with federal regulations this resolution be sent to the Governor and upon his signature that same be submitted to the appropriate federal administrator for approval. Approved March 16, 1983. GOVERNOR'S EDUCATION REVIEW COMMISSION CREATED. No. 15 (Senate Resolution No. 11). A RESOLUTION Creating the Governor's Education Review Commission so as to provide for its composition; to provide for the powers and duties of the commission; to provide for staff support for the commission; to provide for expenditure of funds and the payment of expenses; to provide for the expiration of the commission; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia must depend upon its system of public education to ensure its further growth and development; and WHEREAS, the quality of our system of public education translates directly into the quality of life for all Georgians; and WHEREAS, there presently exists a critical need to review the present methods of funding our system of public education and develop ways to correct the inherent inequities that exist; and WHEREAS, open communication between all segments of the education community, teachers, administrators, school board members,

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legislators, parents, and members of the lay public is essential to a sound school system; and WHEREAS, there also presently exists a critical need to review the present education that our children receive and to ensure that they receive a basic, quality education that teaches the basic skills to cope with our complex society. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . There is created the Governor's Education Review Commission, hereinafter referred to as the commission. The Governor shall appoint as members of the commission such number of citizens of Georgia, of recognized interest and expertise in the field of education, as he deems advisable. He shall also appoint five members of the House of Representatives and five members of the Senate as members of the commission. The commission shall make a report of its findings and recommendations, including proposed legislation if any, to the Governor and all members of the General Assembly on or before December 1, 1984. Section 2 . The chairman of the commission shall be the Governor. The chairman shall appoint a vice-chairman who shall preside in the absence of the chairman. The commission may elect from among its membership such other officers as it deems advisable. The commission may establish such quorum, attendance, and other rules as it deems advisable. Section 3 . The members of the commission shall be entitled to that expense allowance and travel cost reimbursement allowed by Code Section 45-7-21 for members of boards and commissions. Any commission member who is a state employee or a member of another state agency or board will not be compensated by the commission for travel or other expenditures for which a per diem or reimbursement is made by the other state agency or board. The legislative members of the commission shall receive the compensation, per diem, expenses, and allowances authorized for legislative members of interim legislative committees. Section 4 . The commission shall conduct studies, research, investigations, and surveys into all facets of public education. The commission shall completely analyze and assess public education in

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Georgia, provide a consensus definition of what constitutes an adequate education within the context of the State Constitution, and define what constitutes a basic quality education. The commission shall completely review our present method of funding public education, devise a simple logical and flexible system of local education grants, and devise allocation formulas for state funding that recognizes that the cost of educating some students is more than the average cost of educating others. The commission shall study and develop methods to ensure that open communications exist between all components of the education system. The commission 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 fully and adequately to exercise its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Section 5 . Staff support for the commission shall be provided by the office of the Governor with assistance from the Department of Education, the Board of Regents of the University System of Georgia, and the Office of Planning and Budget. The chairman, with the advice and consent of the commission, may employ such other full or part-time clerical, professional, legal, technical, and other personnel as may be deemed necessary and may fix the compensation therefor. The chairman, with the advice and consent of the commission, is also authorized to contract with consultant, research, and professional firms, institutions, or agencies for the making of studies and the gathering of such information as the commission may deem necessary. Section 6 . The commission and its duly authorized agents are empowered to inspect and study the records, books, and other documents of all agencies and institutions of public education, both state and local, and at all levels thereof; and it shall be the duty of such agencies and institutions and all officials, employees, and agents thereof to assist and cooperate with the commission in the performance of its duties. Section 7 . The chairman of the commission may designate and appoint committees to perform such functions as he may determine to be necessary. The commission may, either by itself or through such committees, hold hearings, conduct investigations, and take any other action necessary or desirable to collect data and obtain information.

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Section 8 . The commission shall stand abolished January 1, 1985, and this resolution shall stand repealed on January 1, 1985. Section 9 . All laws and parts of laws in conflict with this resolution are repealed. Approved March 16, 1983. FINANCIAL INSTITUTIONS CODE AMENDED. Code Title 7, Chapter 1 Amended. No. 255 (Senate Bill No. 162). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to authorize the Department of Banking and Finance to suspend from office any director, officer, or employee of any financial institution who shall have been indicted for any crime involving moral turpitude or breach of trust or who shall have filed bankruptcy in an individual capacity or in the name of any majority owned corporate interest; to provide that Saturday shall not be construed as a business day under certain conditions; to provide for the deferral of any business conducted on Saturday if all business is deferred in accordance with a resolution adopted by the board of directors; to provide for notification to the customers of any financial institution adopting a deferral policy; to authorize credit unions to establish uniform business hours and days consistent with the needs of their membership; to authorize reimbursement for certain costs incurred on behalf of a customer pursuant to a lawful subpoena, summons, warrant, garnishment, attachment, or court order where the financial institution is not a party to the action; to provide for the deduction for reimbursement prior to the remission of funds in response to a garnishment or attachment; to provide that rates and conditions for reimbursement shall be prescribed by regulations

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of the department; to provide that a bank or trust company shall have and exercise all powers necessary or convenient to effect any and all purposes for which the bank or trust company is organized consistent with the objectives of the financial institutions law and regulations of the department; to provide that the aggregate amount of acceptances on behalf of one customer shall not at any one time exceed more than 15 percent of the statutory capital base of the bank; to provide that a bank shall not at any time make loans to any one person or corporation or have obligations owing to it from any one person or corporation where the aggregate of said loans or obligations together exceeds 15 percent of the statutory capital base of the bank unless approved in advance by the board of directors or a committee authorized to act for the board; to provide that a bank shall not directly or indirectly make loans to any one person or corporation which in the aggregate exceed 15 percent of the statutory capital base of the bank unless the entire amount of such loans is secured by good collateral or other ample security and does not exceed 25 percent of the statutory capital base; to provide that the lending restrictions shall not apply to obligations arising from the purchase or discount of drafts drawn in good faith against actually existing values or commercial or business paper actually owned by the person negotiating the paper to the extent of 25 percent of the statutory capital base of the bank or to obligations arising from the bona fide purchase of commercial or business paper taken in sale or service transactions incident to a business where the party to whom the goods or services are provided is obligated on the paper; to provide that a bank may acquire and hold for its own account shares of stock of a banking institution principally engaged in providing banking or other financial services to other depository financial institutions and whose ownership consists solely of such depository financial institutions; to authorize a bank to own stock in a corporation organized to carry out powers enumerated in Code Section 7-1-261; to authorize the ownership of stock by a bank in an export-import company; to authorize a bank to accept bank letters of credit in lieu of the statutory bond or pledge of assets in the discretion of the accepting party; to provide that the provisions of Chapter 1 of Title 7 shall be applicable to the management and corporate affairs of any state savings and loan association; to authorize a trust company or financial institution with fiduciary powers to purchase securities underwritten by a syndicate which includes the financial institution or an affiliate under certain conditions; to authorize the department to waive the normal convenience and needs consideration in the approval of a special purpose bank which does not generally do a banking business with the public; to increase the

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unsecured loan limit for directors and policy-making officers of a bank; to clarify the information which must be contained in an amendment to the articles; to provide that articles of amendment shall be filed with the Secretary of State as soon as possible with a copy of the publisher's affidavit as proof of publication of the advertisement required by law; to eliminate the population limits on branch banking; to authorize a bank holding company and its subsidiary bank with a trust department to spin off the trust department into a separate trust company subsidiary; to authorize a bank not offering trust services to contract with a bank exercising trust powers to provide for the latter bank to offer trust services through the branches and offices of the former bank; to clarify the law governing the process of establishing and changing the field of membership of a credit union and to provide for the maintenance of this information in the official records of the Secretary of State; to equalize the restrictions on share draft accounts offered by state-chartered credit unions with those of federal credit unions; to correct an editorial error relating to willfully engaging in the business of a credit union; to correct an editorial error governing fees payable to the Secretary of State; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking subsection (a) of Code Section 7-1-71, relating to the removal of officers, directors, or employees, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The department shall have the right to require the immediate suspension from office of any director, officer, or employee of any financial institution who shall be found by it to be dishonest, incompetent, or reckless in the management of the affairs of the financial institution or persistently to have violated the laws of this state or the lawful orders or regulations of the department, who shall have been indicted for any crime involving moral turpitude or breach of trust, or who shall have filed for protection from creditors under the bankruptcy laws of this state or the United States either in an individual capacity or in the name of any majority owned corporate interest. Section 2 . Said chapter is further amended by striking Code Section 7-1-110, relating to permissive closing days, in its entirety and

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substituting in lieu thereof a new Code Section 7-1-110 to read as follows: 7-1-110. Any financial institution may remain closed one day each week in addition to Sundays and other legal holidays; and any act authorized, required, or permitted to be performed at or by any such financial institution on a day when it is closed may be performed on the next succeeding business day; and no liability or loss of rights of any kind shall result from the delay. Saturday shall not be construed to be a business day and any business conducted on Saturday may be deferred to the next succeeding business day, provided such deferral is applicable to all business conducted by said financial institution on that day and is in accordance with a resolution adopted by the board of directors of the institution. Customers of any financial institution adopting such a deferral policy shall be notified of any such deferral of business by prominent notice posted in the lobby of the financial institution and by circularization in regular statement mailings at least 30 days prior to the effective date of any such deferral policy. Any financial institution changing its permissive closing day, temporarily or otherwise, shall post a notice of the change and the effective date thereof in a conspicuous place at each location affected by the change at least 30 days preceding the date of the change. Notwithstanding the foregoing, credit unions serving a limited membership base may establish uniform business hours and days consistent with the needs of their membership. Section 3 . Said chapter is further amended by adding a new Part 11 at the end of Article 1, relating to provisions applicable to Department of Banking and Finance and financial institutions generally, to read as follows: Part 11 7-1-237. Any financial institution shall be reimbursed for costs which are reasonably necessary and which have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required or requested to be produced pursuant to a lawful subpoena, summons, warrant, garnishment, attachment, or court order where the financial institution is not a party to the action. In the case of a garnishment or attachment of funds held by the financial institution, such reimbursement may be deducted prior to remission of such funds in response to the garnishment or attachment. Rates and conditions under which reimbursement

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ement may be made shall be prescribed by regulations of the department. Section 4 . Said chapter is further amended by striking paragraph (10) of Code Section 7-1-261, relating to additional operational powers, in its entirety and substituting in lieu thereof a new paragraph (10) to read as follows: (10) To have and exercise all powers necessary or convenient to effect any and all purposes for which the bank or trust company is organized and to carry on a banking or trust business consistent with the objectives of this chapter and the regulations of the department. Section 5 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-284, relating to acceptances, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The aggregate amount of acceptances under subsection (a) of this Code section shall not at any time exceed, for all such acceptances on behalf of one customer, 15 percent of the statutory capital base of the bank, exclusive of any acceptance secured by documents of title or other security growing out of the same transactions as the acceptance. Section 6 . Said chapter is further amended by striking Code Section 7-1-285, relating to the limits on obligations of one person or corporation, in its entirety and substituting in lieu thereof a new Code Section 7-1-285 to read as follows: 7-1-285. (a) A bank shall not at any time: (1) Make loans to any one person or corporation; or (2) Have obligations owing to it from any one person or corporation as a result of purchasing or discounting evidences of indebtedness or agreements for the payment of money, where the aggregate of said loans and obligations together exceeds 15 percent of the statutory capital base of the bank unless each loan, discount, or purchase transaction in excess of said 15 percent limit is approved in advance by the board of directors or a committee authorized to act for it.

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(b) Except as provided in subsection (c) of this Code section, a bank shall not directly or indirectly make loans to any one person or corporation which in aggregate exceed 15 percent of the statutory capital base of the bank unless the entire amount of such loans is secured by good collateral or other ample security and does not exceed 25 percent of the statutory capital base. Except as otherwise indicated in subsection (c) of this Code section, the purchase or discount of agreements for the payment of money or evidences of indebtedness shall be regarded as indirect loans to the person or corporation receiving the proceeds of such transactions. In estimating loans to any individual person, all amounts loaned to firms and partnerships of which he is a member shall be included. (c) The limitations of subsection (b) of this Code section shall not apply to: (1) Obligations arising from the purchase or discount of drafts drawn in good faith against actually existing values or commercial or business paper actually owned by the person negotiating the paper to the extent of 25 percent of the statutory capital base of the bank; (2) Obligations arising from the bona fide purchase of commercial or business paper, subject to restrictions which the department may impose by regulation, taken in sale or service transactions incident to a business where the party to whom the goods or services are provided is obligated on the paper; (3) Obligations in the form of bona fide loans upon the security of agricultural, manufactured, or industrial products or livestock (or documents of title covering such property) for which there is a ready sale in open market, provided no more than 80 percent of the market value of such products is loaned or advanced thereon, the bank has the right to demand additional collateral to maintain this ratio and does so maintain it, and the bank's interest in such collateral is fully protected by insurance against loss by fire and other standard hazards; and provided, further, that such obligations shall qualify for exemption for not more than ten months if secured by nonperishable staples and for not more than six months if secured by frozen or refrigerated staples; (4) Obligations of and obligations guaranteed by:

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(A) The United States; (B) The State of Georgia or a public body thereof authorized to levy taxes; or (C) Any state of the United States or any public body thereof if the obligations or guarantees are general obligations; (5) Obligations to the extent secured by: (A) Obligations specified in paragraph (6) of this subsection; (B) Obligations which the bank would be authorized to acquire without limit as investment securities pursuant to Code Section 7-1-287; (C) Obligations fully guaranteed by the United States; (D) Guaranties or commitments or agreements to take over or purchase made by any public body of the United States or any corporation owned directly or indirectly by the United States; or (E) Loan agreements between a local public agency or a public housing agency and an instrumentality of the United States pursuant to national housing legislation under which funds will be provided for payment of the obligations secured by such loan agreements; (6) Obligations in the form of investment securities acquired pursuant to Code Section 7-1-287; (7) Obligations with respect to acceptances under Code Section 7-1-284; and (8) Obligations with respect to the sale of federal or correspondent funds to financial institutions having their deposits insured to the same extent as that required of similar institutions chartered in this state.

Page 609

(d) The department may, by regulation not inconsistent with this Code section, prescribe definitions of and requirements for transactions included in or excluded from the indebtedness to which this Code section applies. In addition, the department may, by regulation or otherwise, specify that the liabilities of a group of one or more persons or corporations or both shall be considered as owed by one person or corporation for the purposes of this Code section because the group relies substantially on a common source for the payment of its obligations or makes common use of funds received by it. Section 7 . Said chapter is further amended by striking subparagraphs (E) and (F) of paragraph (2) of subsection (c) of Code Section 7-1-288, relating to corporate stock and securities, in their entirety and substituting in lieu thereof new subparagraphs (E) and (F) to read as follows: (E) (i) A banking institution principally engaged in foreign or international banking or banking in a dependency or insular possession of the United States, either directly or through the agency, ownership, or control of local institutions in foreign countries or in such dependencies or insular possessions, including the stock of one or more corporations existing pursuant to Section 25(a) of the Federal Reserve Act, provided that, before a bank may purchase a majority interest in any such banking institution, it shall enter into an agreement with the department to restrict its operations in such manner as the department may prescribe; and provided, further, that, if the department determines that said restrictions have not been complied with, it may order the disposition of said stock upon reasonable notice; or (ii) A banking institution solely engaged in providing banking or other financial services to depository financial institutions in this state and whose ownership consists solely of such depository financial institutions; (F) A corporation engaged in functions or activities that the bank or trust company is authorized to carry on, including, but not limited to, conducting a safe-deposit business, holding real estate that may be held by the bank or trust company, promoting and facilitating international trade and commerce, or exercising powers incidental to the banking business as provided in paragraph (10) of Code Section 7-1-261; and.

Page 610

Section 8 . Said chapter is further amended by adding a new subsection (d) at the end of Code Section 7-1-290, relating to powers as surety or guarantor, to read as follows: (d) Notwithstanding other provisions of law to the contrary, irrevocable letters of credit issued by banks domiciled in this state may, in the discretion of the party in whose favor such irrevocable letter of credit is issued, be accepted in lieu of any bond, surety, or pledge of assets required by the laws of this state or regulations promulgated pursuant to such laws. Section 9 . Said chapter is further amended by adding a new subsection (f) at the end of Code Section 7-1-293, relating to savings banks and state savings and loan associations, to read as follows: (f) Unless otherwise provided, Parts 7 through 16 of Article 2 of this chapter shall be applicable to the management and corporate affairs of any state savings and loan association. Section 10 . Said chapter is further amended by adding a new Code Section 7-1-314 at the end of Part 4 of Article 2, relating to powers of trust companies, to read as follows: 7-1-314. A trust company or a financial institution with fiduciary powers may, in its fiduciary capacity, purchase securities underwritten by a syndicate which includes the financial institution or an affiliate of the financial institution, provided such purchase is otherwise prudent and not prohibited by the instrument governing the fiduciary relationship. Section 11 . Said chapter is further amended by adding a new subsection (c) at the end of Code Section 7-1-394, relating to investigations and approvals and disapprovals by the department, to read as follows: (c) Nothing contained in this Code section or in Code Section 7-1-608 shall limit the authority of the department to approve the organization of a special purpose bank or trust company which does not do a general banking business with the public but is organized for the purpose of conducting a limited banking business which facilitates the economic, commercial, and export-import trade growth of this state.

Page 611

Section 12 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-491, relating to financing involving directors or officers, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Except as provided in subsection (b) of this Code section, a bank or trust company shall not make loans or otherwise extend financing to one of its directors or policy-making officers which in aggregate amount exceeds the principal sum of $25,000.00. Section 13 . Said chapter is further amended by striking Code Section 7-1-512, relating to execution, contents, filing, and effect of articles of amendment, in its entirety and substituting in lieu thereof a new Code Section 7-1-512 to read as follows: 7-1-512. (a) Upon the adoption of an amendment, articles of amendment shall be signed by two duly authorized officers of the bank or trust company under its seal and shall contain: (1) The name of the bank or trust company; (2) The city and county of its registered office; (3) Whether it was incorporated with banking or trust powers or both; (4) The time and place of the meeting of shareholders at which the shareholders approved the resolution of the board of directors, as originally proposed or as amended, and the kind and period of notice given to the shareholders; (5) The number of shares entitled to vote on the amendment and, if the shares of any class are entitled to vote as a class, the number of shares of each such class; (6) The number of shares voted for and against the amendment and, if shares of any class are entitled to vote as a class, the number of shares of each such class voted for and against the amendment; and (7) The amendment adopted, which shall be set forth in full.

Page 612

(b) The articles of amendment shall be filed with the Secretary of State in triplicate together with: (1) The fee required by Code Section 7-1-862; and (2) As soon as possible, a publisher's affidavit as proof of publication of the advertisement required by Code Section 7-1-513. The filing of articles of amendment shall constitute an application for a certificate of amendment. If the articles of amendment involve a change in the name of a bank or trust company, it shall reserve the proposed new name under the procedures of Code Section 7-1-131. Section 14 . Said chapter is further amended by striking subsection (c) of Code Section 7-1-602, relating to bank offices and bank facilities, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) (1) Application for a permit to establish either a bank office or a bank facility shall be made to the department in such form as it may prescribe by regulation from time to time. The department shall exercise its discretion in its consideration of the application; but the department shall not approve the application until it has ascertained to its satisfaction that the public need and advantage will be promoted by the establishment of the proposed bank office or bank facility according to the same criteria of examination and determination provided in Code Section 7-1-394. (2) The department may, in its discretion, to accommodate the public need and advantage of each locality, consider an application for a bank office as an application for a bank facility, or vice versa; and it may, in the exercise of its discretion, to accommodate the public need and advantage, determine the amount of funds which may be committed for the construction of each bank office or bank facility, whether by outright expenditure or by long-term lease contract, or by creation of, or utilization of, a real estate holding company. Within 90 days after the filing of an application for a permit to establish a bank office or bank facility, the department shall issue under its seal a certificate approving or disapproving the application for a permit, which determination shall be final as to that application, except that it may be subject to judicial review as provided in Code Section 7-1-90.

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Section 15 . Said chapter is further amended by striking Code Section 7-1-608, relating to unlawful acquisitions by bank holding companies, in its entirety and substituting in lieu thereof a new Code Section 7-1-608 to read as follows: 7-1-608. On and after July 1, 1976, it shall be unlawful for any bank holding company, as defined in this part, to acquire direct or indirect ownership or control of any voting shares of any bank if, after such acquisition, such bank holding company will directly or indirectly own or control 5 percent or more of the voting shares of such bank unless such bank has been in existence and continuously operating as a bank for a period of five years or more prior to the date of application to the commissioner for approval of such acquisition; provided, however, that nothing in this Code section shall prohibit a bank holding company from acquiring all or substantially all of the shares of a bank or trust company organized solely for the purpose of facilitating acquisition of a bank, or the trust department of a bank, which has been in existence and continuously operating as a bank or exercising trust powers for such period; provided, further, that nothing in this Code section shall prohibit the acquisition of all or substantially all of the voting shares of one bank by a bank holding company organized for the purpose of acquiring all or substantially all of the voting shares of such bank and owning no voting shares of any other bank. Section 16 . Said chapter is further amended by adding a new Code Section 7-1-612 at the end of part 18 of Article 2, relating to branch banks, offices, facilities, and holding companies, to read as follows: 7-1-612. Notwithstanding any other provisions of this part to the contrary, any bank which does not exercise trust powers as provided in this chapter, whether or not such powers have been incorporated into its articles, may, with the consent of the department, contract with any bank exercising trust powers to provide for the latter bank to offer trust services through the branches and offices of the former bank. Section 17 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-632, relating to approval or disapproval of credit union certificates of incorporation by the department, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

Page 614

(b) If the department determines to its satisfaction that the proposed credit union meets the criteria set forth above, it shall, within 90 days from receipt of the articles and in compliance with Code Section 7-1-631, send written approval of the articles to the Secretary of State after making such changes in the articles or bylaws consistent with this article and with the consent of the subscribers that it deems appropriate. Such approval shall indicate any changes made to the articles including changes from the proposed field of membership. If the department shall disapprove the articles, the procedures of subsection (b) of Code Section 7-1-635 shall be followed. Section 18 . Said chapter is further amended by adding a new subsection (c) at the end of Code Section 7-1-634, relating to amendments of credit union articles and bylaws, to read as follows: (c) The department shall file with the Secretary of State any amendment to the bylaws of a credit union which changes the field of membership proposed in the original articles or as subsequently amended. Section 19 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-670, relating to the authority of credit unions to offer third-party payment services, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any credit union may apply to the department for permission to offer third-party payment services to its members. The department shall exercise its discretion in determining whether to approve such request but shall not grant its approval until it is satisfied that: (1) The convenience and need of the membership will be served by the proposed change; (2) There is reasonable promise of adequate support of the program in light of: (A) The competition offered by existing financial institutions; (B) The financial history of the credit union and its membership; and

Page 615

(C) The opportunities for profitable employment of depositors' funds as indicated by the average demand for credit, the number of potential depositors, the volume of transactions, and stability of the common bond; (3) The managerial resources, internal controls, and operating procedures of the credit union are sufficient to administer the program in a safe and sound manner; and (4) The capital and reserves of the credit union are adequate in light of current economic conditions and asset quality of the credit union. Section 20 . Said chapter is further amended by striking subparagraph (C) of paragraph (3) of subsection (a) of Code Section 7-1-845, relating to miscellaneous felonies and when punishable as misdemeanors, in its entirety and substituting in lieu thereof a new subparagraph (C) to read as follows: (C) A credit union in violation of Code Section 7-1-633;. Section 21 . Said chapter is further amended by striking Code Section 7-1-862, relating to fees to be paid to the Secretary of State, in its entirety and substituting in lieu thereof a new Code Section 7-1-862 to read as follows: 7-1-862. The Secretary of State shall charge and collect the following fees in connection with the filing of the designated documents: Articles of incorporation, amendment, merger, consolidation, conversion, or dissolution of a bank or trust company $100.00 Articles of incorporation of a credit union 10.00 Articles of amendment of a credit union 10.00 Approved articles of a business development corporation or amendments thereto 15.00 Approved articles of a building and loan association or amendments thereto 15.00 Application to reserve a name for a financialinstitution and to renew a reservation 3.00 Section 22 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 23 . All laws and parts of laws in conflict with this Act are repealed. Approved Marct 16, 1983. LIFE INSURANCE POLICY LOAN INTEREST RATES, ETC. Code Section 33-25-3.1 Enacted No. 256 (Senate Bill No. 163). AN ACT To amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide for policy loan interest rates on certain life insurance policies; to provide for definitions; to provide for construction and applicablity; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, is amended by adding a new Code section immediately following Code Section 33-25-3, to be designated Code Section 33-25-3.1, to read as follows:

Page 617

33-25-3.1 (a) As used in this Code section, the term: (1) `Policy' means a contract of life insurance, a life benefit certificate issued by a fraternal benefit society, or an annuity contract. (2) `Policyholder' means the owner of the policy or the person designated on the records of the company as the personal responsible to pay the premiums. (3) `Policy loan' means a cash loan or a premium loan made by an insurer on a policy in accordance wity the provisions of this title. (4) `Policy loan interest rate' means the interest rate charged on policy lan made in accordance with the provisions of this title including the interest rate charged on reinstatement of a policy loan for the period during and after any lapse of the policy. (5) `Published monthly average' means: (A) Moody's Corporate Bond Yield AverageMonthly Average Corporates as published by Moody's Investors Service, Inc., or by any sucessor thereto; or (B) In the event that Moody's Corporate Bond Yield AverageMonthly Average Corporates, or any successor thereto, is no longer published, `published monthly average' means any substantially similar average which the Commissioner shall, by rule or regulation, designate to be used in its place. (b) No policy of life insurance which provides for policy loans shall be issued, delivered, or issued for delivery in this state on or after July 1, 1983, unless it contains one of the following provisions relating to policy loan interest rates: (1) A provision permitting a specified rate of interest on policy loans, not to exceed 8 percent per annum, in accordance with the provisions of paragraph (5) of subsection (a) of Code Section 33-25-3 and the rules and regulations promulgated by the Commissioner pursuant thereto; or

Page 618

(2) A provision permitting an adjustable maximum policy loan interest rate established from time to time by the insurer in accordance with subsection (c) of this Code section. (c) If the policy provides for an adjustable maximum policy loan interest rate as allowed under paragraph (2) of subsection (b) of this Code section, the insurer shall also be required to comply with the following requirements: (1) The policy loan interest rate charged shall not exceed the higher of the following: (A) The published monthly average for the calendar month ending two months before the date on which the rate is determined; or (B) The rate used to calculate the cash surrender values under the policy during the applicable period plus 1 percent per annum. (2) The policy shall contain a provision setting forth the frequency at which the policy loan interest rate is to be determined for that policy; (3) The maximum policy loan interest rate for each policy must be determined at regular intervals at least once every 12 months, but not more frequently than once in any three-month period; (4) At the intervals specified in the policy: (A) The policy loan interest rate being charged may be increased whenever such increase as determined by this Code section would increase the policy loan interest rate by percent or more per annum; and (B) The policy loan interest rate being charged must be reduced whenever such reduction as determined in this Code section would reduce the policy loan interest rate by percent or more per annum; (5) The insurer shall:

Page 619

(A) Notify the policyholders, at the time a cash loan is made, of the initial policy loan interest rate applicable to the loan; (B) Notify the policyholder who makes a premium loan of the initial policy loan interest rate as soon as it is reasonably practical to do so after the making of the initial loan. Notice need not be given to the policyholder when a further premium loan is made unless there is an increase in the policy loan interest rate, in which case notice shall be given in accordance with subparagraph (C) of this paragraph; (C) Send policyholders with policy loans reasonable advance notice of any increase in the policy loan interest rate; and (D) Include in the notice required to be sent under subparagraph (C) of this paragraph a statement concerning the applicable policy loan interest rate and the frequency at which such rate is determined; and (6) A statement concerning the applicable policy loan interest rate and the frequency at which such rate is determined shall be included in the policy. (d) Notwithstanding any provisions of this title which might be construed to the contrary, no policy shall terminate in a policy year as the sole result of a change in the interest rate during that policy year and the life insurer shall maintain coverage during that policy year until the time at which it would otherwise have terminated if there had been no change during that policy year. (e) Notwithstanding any provisions of the laws of this state which might be construed to the contrary, the maximum rate of interest which may be charged on a policy loan shall be governed exclusively by the provisions of this Code section unless such other laws are specifically made applicable to policy loans. (f) No insurer shall be permitted to issue policies with adjustable maximum policy loan interest rates as allowed under paragraph (2) of subsection (b) of this Code section unless such insurer also makes available policies, which may or may not be on the same type of policy form, with specified rates of interest on policy loans in accordance

Page 620

with the provisions of paragraph (1) of subsection (b) of this Code section. (g) The provisions of this Code section shall not apply to any policy issued before July 1, 1983, unless the policyholder agrees in writing to the applicability of such provisions in accordance with such requirements as may be established by the Commissioner. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. TRAFFICKING IN ILLEGAL DRUGSPUNISHMENT. Code Section 16-13-31 Amended. No. 257 (Senate Bill No. 194). 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 the drug methaqualone; to prescribe mandatory minimum terms of imprisonment for certain violations thereof; to authorize the district attorney to move to reduce or suspend the sentence of certain persons; to authorize the judge hearing the motion to reduce or suspend the sentence of such persons; 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 by striking subsections (d) and (e) of said Code

Page 621

section in their entirety and substituting in lieu thereof new subsections (d) and (e) to read as follows: (d) Any person who knowingly sells, manufactures, delivers or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (5) of Code Section 16-13-25, 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 200 grams or more, but less than 400 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; and (2) If the quantity of the methaqualone 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. (e) (1) Except as provided in paragraph (2) of this subsection and 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. (2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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ASSISTANT DISTRICT ATTORNEYSCREDIT FOR PRIOR STATE SERVICE. Code Section 15-18-14 Amended. No. 258 (Senate Bill No. 207). AN ACT To amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to staff for district attorneys, so as to provide that certain prior state employment of an assistant district attorney shall be considered as prior employment as an assistant district attorney for purposes of computing his or her compensation; 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 15-18-14 of the Official Code of Georgia Annotated, relating to staff for district attorneys, is amended by adding at the end of subsection (b) a new paragraph, to be designated paragraph (7), to read as follows: (7) In computing the maximum salary authorized for each assistant district attorney, there shall be added to his or her period of service as an assistant district attorney a period of time equal to any period during which the assistant district attorney was previously an employee of the Department of Law of the State of Georgia or the Prosecuting Attorneys' Council of the State of Georgia, if he or she was a member of the State Bar of Georgia during such prior period of employment. The anniversary date of appointment of any such assistant district attorney may be adjusted to reflect credit for any partial year of service allowed by this paragraph. 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. Approved March 16, 1983.

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SAPELO ISLAND HERITAGE AUTHORITY ACT. Code Title 12, Chapter 3 Amended. No. 259 (Senate Bill No. 255). AN ACT To amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, by adding immediately following Part 6 a new part to be designated Part 7, so as to create the Sapelo Island Heritage Authority; to provide for a short title; to provide for legislative findings, determinations, and a declaration of charitable and public purpose; to provide for definitions; to designate the authority as an instrumentality of the state, a public corporation, and a public authority; to provide for contracts, suit, and no waiver of rights; to provide for the duration of the authority's existence; to provide that the authority is not the State of Georgia or an agency thereof; to provide for an assignment for administrative purposes; to provide for the membership and officers of the authority; to provide for no compensation; to provide for a quorum, voting, meetings, and minutes; to provide for powers and duties of the authority; to provide for inclusion of the authority in paragraph (1) of Code Section 50-16-120 and exclusion of the authority in paragraph (1) of subsection (a) of Code Section 50-16-122; to provide that there shall be no adverse possession or prescription against the authority or the property of the authority; to provide for the accountability of the members as trustees; to provide for the maintenance of financial records and books; to provide for audits; to provide for tax exemptions and protection of the property, facilities, etc., of the authority; to provide for legal services; to provide for venue and jurisdiction; to provide for a liberal construction; 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 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by adding immediately following Part 6 a new part to be designated Part 7, to read as follows:

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Part 7 12-3-440. This part may be cited as the `Sapelo Island Heritage Authority Act.' 12-3-441. (a) It is found, determined, and declared that: (1) There is an urgent public need to preserve important and endangered historical areas in Georgia for the benefit of present and future generations; (2) Many historical areas, because of Georgia's rapid progress over the past decade, have been altered and their value as a part of our heritage lost, and the few such remaining areas are in danger of being irreparably altered; (3) Black culture is an important component of the history of Georgia; (4) The State of Georgia possesses a rich heritage of black culture in its architectural, historical, and archaeological resources associated with the life and culture of black Georgians; (5) There exists on Greater Sapelo Island in McIntosh County, Georgia, a black community known as Hog Hammock which is composed primarily of the direct descendants of the slaves of Thomas Spalding, a prior landowner on Greater Sapelo Island, and the community rests on the grounds of the former Spalding Plantation; (6) This community is the last community of its kind in the State of Georgia; (7) The Hog Hammock community and many of the buildings and structures located therein date back to the mid-nineteenth century; (8) It is important to the citizens of the State of Georgia that this community, which reflects the past culture of this state, be preserved for the benefit of present and future generations; (9) The best and most important use of this area of Greater Sapelo Island, now occupied by members of the Hog Hammock

Page 625

community, is to permit said community to remain, as it currently exists, a historic community; and (10) In order to further the preservation of the cultural and historic values of the said community, the establishment and performance of the Sapelo Island Heritage Authority under this part is in the best interest of all Georgians. (b) In accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is declared that the creation of the Sapelo Island Heritage Authority and the carrying out of its corporate purposes are in all respects valid charitable and public purposes within the provisions of the Constitution of Georgia in that the preservation of the culture in this endangered historical area, as it currently exists, is important to present and future generations of Georgians. 12-3-442. As used in this part, the term: (1) `Agency' means any agency, board, commission, or department within the executive branch of the state government of Georgia. (2) `Authority' means the Sapelo Island Heritage Authority. 12-3-443. (a) There is created a body corporate and politic to be known as the Sapelo Island Heritage Authority, which shall be deemed to be an instrumentality of the state, a public corporation, and a public authority, and by that name, style, and title may contract and be contracted with, sue in all courts and be sued in the Superior Court of Fulton County, Georgia, as provided in Code Section 12-3-451 of this part. The authority shall have all the rights afforded the state by virtue of the Constitution of the United States and nothing in this part shall constitute a waiver of any such rights. The authority shall have perpetual existence. (b) The authority shall not be deemed to be the State of Georgia or an agency thereof. (c) The authority is assigned to the Department of Natural Resources for administrative purposes only.

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12-3-444. (a) The authority shall be composed of three members, the Governor, the commissioner of the Department of Natural Resources, and the executive director of the State Properties Commission. (b) The Governor shall be the chairman of the authority, the commissioner of the Department of Natural Resources shall be its vice-chairman, and the executive director of the State Properties Commission shall be its secretary-treasurer. (c) The members of the authority shall not be entitled to compensation for the rendering of their services to the authority. (d) To constitute a quorum of the membership of the authority, all three of its members must be present. The powers and duties of the authority shall be transacted, exercised, and performed only pursuant to an affirmative vote of all three members of the authority. An abstention in voting shall be considered as that member voting in the negative on the matter before the authority. (e) Meetings of the authority shall be held on the written notice of the chairman. The notice of a meeting shall set forth therein the date, time, and place of the meeting. Minutes shall be kept of all meetings of the authority and in the minutes there shall be kept a record of the vote of each member of the authority on all questions, acquisitions, transactions, and all other matters coming before the authority. 12-3-445. The authority shall have the following powers and duties, in addition to other powers and duties set forth in this part: (1) To have a seal and alter the same at its pleasure; (2) To acquire in its own name by purchase, gift, or lease, on such terms and conditions and in such manner as it may deem proper, and to hold and dispose of real and personal property of every kind, character, and discription, including tenancies in common, located in the Hog Hammock community on Greater Sapelo Island, McIntosh County, Georgia. Upon such acquisition by the authority, the said real and personal property shall become public property. The authority may not acquire real or personal property by condemnation, eminent domain, but any real or personal property owned by the authority may be condemned,

Page 627

through the exercise of the power of eminent domain, by the State of Georgia, acting by and through its State Properties Commission; (3) To procure insurance against any loss in connection with its property and other assets; (4) To make contracts and to execute all instruments necessary or convenient, including leases and rental agreements, and other contracts with respect to the use of such real or personal property; (5) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business; (6) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity, or from the State of Georgia or any agency, instrumentality, or political subdivision thereof, or from the United States, or any agency or instrumentality thereof; (7) To act as agent for the United States, or any agency or instrumentality thereof, in any matter coming within the purposes or powers of the authority; and (8) To do all things necessary or convenient to carry out the powers expressly given in this part. 12-3-446. The definition of real property in paragraph (1) of Code Section 50-16-120 shall include the real property of the authority. However, the definition of real property in paragraph (1) of subsection (a) of Code Section 50-16-122 shall exclude the real property of the authority. 12-3-447. In that the real and personal property of the authority is public property, title by adverse possession or prescription shall not run against the authority or the said real and personal property of the authority, and there shall be no application of or ripening or perfection of title by the doctrine of adverse possession or prescription

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against the authority or against the said real and personal property of the authority. 12-3-448. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit each year to the state auditor for inspection all the authority's books, together with the proper statement of the authority's financial position, at the close of its fiscal year, which shall be the same as the fiscal year of the State of Georgia. 12-3-449. As the authority will be performing valuable charitable and public functions and purposes in the exercise of the powers conferred upon it, the authority shall be required to pay no taxes or assessments by the state or by any county, municipality, authority, or political subdivision of this state upon any of the real or personal property acquired by it, or upon its activities in the operation or maintenance of any facility maintained or acquired by it, or upon any fees, rentals, or other charges for the use of such property or facilities, or upon any other income received by the authority. The said property, facilities, fees, rentals, charges, and income of the authority is exempt from levy and sale, garnishment and attachment. 12-3-450. The Attorney General shall provide legal services to the authority, and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 and 45-15-36, as now existing or as hereafter amended, shall be fully applicable. 12-3-451. Any action brought against the authority shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions. 12-3-452. This part, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of this part. 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 repealed. Approved March 16, 1983.

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INSURANCE RATES AND RATING ORGANIZATIONSFILING OF RATES WITH COMMISSIONER, ETC. Code Title 33, Chapter 9 Amended. No. 260 (Senate Bill No. 269). AN ACT To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related organizations, as amended by an Act approved April 13, 1982 (Ga. L. 1982, p. 644), so as to delete certain references to workers' compensation; to change the provisions relating to use of rates, rating systems, and underwriting rules of rating or advisory organizations by members and subscribers generally; to change the provisions relating to filing of rates, rating plans, rating systems, and underwriting rules by insurers; to provide that insurance rates shall be developed and established to the extent actuarily credible; to repeal specific sections of another Act; to provide effective dates; 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 regulation of rule making, rates, and related organizations, as amended by an Act approved April 13, 1982 (Ga. L. 1982, p. 644), is amended by striking in its entirety Code Section 33-9-9, relating to use of rates, rating systems, and underwriting rules of rating or advisory organizations by members and subscribers generally, as amended by said 1982 Act, 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, 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

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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 2 . Said chapter is further amended by striking in its entirety Code Section 33-9-21, relating to filing of rates, rating plans, rating systems, and underwriting rules by insurers, as amended by said 1982 Act, 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 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 rules, and policy or bond forms used 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 ensure 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

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State of Georgia to the extent actuarily credible. 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 3 . Sections 2 and 3 of an Act entitled 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., approved April 13, 1982 (Ga. L. 1982, p. 644), are repealed in their entirety. Section 4 . (a) Except as otherwise provided in subsection (b), this Act shall become effective on January 1, 1984. (b) Section 3 of 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 16, 1983.

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ORDERS FOR TEMPORARY CUSTODY OF CHILDREN IN CERTAIN DIVORCE PROCEEDINGS. Code Section 19-9-1 Amended. No. 261 (House Bill No. 222). AN ACT To amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to determining custody of children, so as to provide for temporary child custody orders under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to determining custody of children, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows: (a) In all cases in which a divorce is granted, the party not in default shall be entitled to the custody of the minor children of the marriage. However, in all cases in which a divorce is granted, an application for divorce is pending, or a change in custody of a minor child is sought, the court, in the exercise of a sound discretion, may look into all the circumstances of the parties, including improvement of the health of a party seeking a change in custody provisions, and, after hearing both parties, may make a different disposition of the children, placing them, if necessary, in possession of guardians appointed by the judge of the probate court. In all such cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. The court may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 14 years where the judge hearing the case determines such a temporary order is appropriate.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. REQUIREMENTS OF LAW RELATING TO SCHOOL BUSES NOT APPLICABLE TO ANY BUS OF PUBLICLY OWNED TRANSIT SYSTEM. Code Section 40-1-1 Amended. Code Section 40-8-114 Amended. No. 262 (House Bill No. 254). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic in general, so as to establish a definition of the term tripper service; to exclude certain buses owned and operated by publicly owned transit systems from the operation of certain Code sections concerning school buses; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic in general, is amended by adding immediately after paragraph (63) of Code Section 40-1-1, relating to definitions, a new paragraph to read as follows: (63.1) `Tripper service' means regularly scheduled mass transportation service which is open to the fare-paying public but which is also designed or modified to accommodate the needs of elementary or secondary school students and school personnel.

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Section 2 . Said title is further amended by designating as subsection (a) the first paragraph of Code Section 40-8-114, relating to operation of school buses by other than public school systems, and adding immediately thereafter a new subsection (b) to read as follows: (b) Notwithstanding any other provision of this title to the contrary, the requirements relating to buses used for the transportation of school children, which requirements are contained in the following Code sections: (1) Code Section 40-6-160, relating to speed limits; (2) Code Section 40-6-161, relating to headlamps; (3) Code Section 40-6-162, relating to use of visual signals; (4) Code Section 40-6-163, relating to meeting or passing school buses; (5) Code Section 40-8-110, relating to identification and color; (6) Code Section 40-8-111, relating to equipment generally; (7) Code Section 40-8-112, relating to compliance with certain State Board of Education specifications; (8) Code Section 40-8-115, relating to identification and equipment of certain school buses; and (9) Code Section 40-8-220, relating to inspection of school buses, shall not apply to any bus which is owned or operated by a publicly owned and operated transit system and which either transports school children to and from school on regular or scheduled routes with regular fare-paying passengers or which engages in tripper service. 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 March 16, 1983. STATE TOLLWAY AUTHORITYMAINTENANCE AND OPERATIONAL ASSISTANCE BY DEPARTMENT OF TRANSPORTATION. Code Section 32-10-67 Amended. No. 263 (House Bill No. 255). AN ACT To amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the Georgia Highway Authority, so as to authorize the Department of Transportation to provide maintenance and operational assistance to the State Tollway Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the Georgia Highway Authority, is amended by striking in its entirety Code Section 32-10-67, relating to expenditures for preliminary studies of proposed projects, and inserting in lieu thereof a new Code Section 32-10-67 to read as follows: 32-10-67. (a) The Governor, in his discretion or upon the recommendation of the State Transportation Board, is authorized and empowered to call a joint meeting of the authority and the board for the purpose of initiating all projects which may be considered under the authority of this article. Upon the concurrence of the Governor, a majority of the board, and the authority, the board or the authority is authorized and empowered to commence the study of any

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given project or projects and to provide for their construction. An appropriate resolution of such joint meeting shall provide for divisions of duties and responsibilities between the authority and the board in connection with such studies. In keeping with such resolution or resolutions, the authority and the board are authorized, in the performance of their assigned duties, to expend from any sums available such sums as may be necessary for the survey and study and completion of any project or projects; and such expenditures may include those necessary for all traffic surveys, expert studies, and all other expense reasonably necessary in establishing the feasibility of any given project and in the execution of all plans, specifications, and all other things necessary for revenue bond financing and construction, including all supervision of every kind required in its completion. If such expenditures, or any part of them, shall be undertaken by the board, the board shall keep proper records which shall reflect the amounts spent on each and every project study. Upon completion of any given project or projects financed by any given revenue bond issued, so long as there shall be funds available in the hands of the authority from the issue of revenue bonds to finance such project or projects, the board may demand the reimbursement of such expenditures; however, if not reimbursed, said expenditures shall be legitimate expenses of operation of the board. The authority, upon the completion or receipt of such studies or plans and specifications or other aids, shall proceed, if such project or projects are possible, to finance, acquire rights of way, construct, and operate such projects pursuant to its purposes, powers, and duties. (b) Upon the concurrence of the board, the Department of Transportation shall have the right to provide maintenance and operational assistance to the authority as may be necessary to effectuate the purposes of this article, including but not limited to authorizing employees of the department to assist the authority in the collection of tolls on authority projects. The authority shall reimburse the department for such assistance. 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 repealed. Approved March 16, 1983.

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EMPLOYEES' RETIREMENT SYSTEMACTUARIAL STUDIES. Code Section 47-2-26 Amended. No. 264 (House Bill No. 266). AN ACT To amend Code Section 47-2-26 of the Official Code of Georgia Annotated, relating to the duties of the board of trustees of the Employees' Retirement System of Georgia in connection with actuarial studies and setting the regular rate of interest, so as to remove the ceiling on the regular rate of interest; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 47-2-26 of the Official Code of Georgia Annotated, relating to the duties of the board of trustees of the Employees' Retirement System of Georgia in connection with actuarial studies and setting the regular rate of interest, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) At least every five years, the actuary shall conduct an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the retirement system and shall recommend for adoption by the board of trustees mortality, service, and other tables needed in the operation of the system. Taking into account the results of such investigations, the board of trustees shall from time to time 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 rate of regular interest to be used by the retirement system, which rate shall be limited to a minimum of 2 percent. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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VEHICLES OF NONRESIDENT STUDENTSEXEMPT FROM REGISTRATION IN CERTAIN CASES. Code Title 40, Chapters 2 and Amended. No. 265 (House Bill No. 318). AN ACT To amend Article 4 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to vehicles of nonresident students, so as to exempt residents of states which are members of the Multistate Reciprocity Agreement from the requirement of registering their vehicles in this state; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance of driver's licenses, so as to define an exemption from driver's licensing for nonresident students; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 4 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to vehicles of nonresident students, is amended by adding a new subsection (c) to Code Section 40-2-90, relating to operation of vehicles registered in other states, to read as follows: (c) Notwithstanding subsection (a) of this Code section, a nonresident student who is a resident of a state which is a member of the Multistate Reciprocity Agreement shall be exempt from the requirement of registering his motor vehicle in this state in accordance with the provisions of said Multistate Reciprocity Agreement. Section 2 . Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance of driver's licenses, is amended by adding a new Code Section 40-5-21.1 to read as follows: 40-5-21.1. Notwithstanding any contrary provisions of Code Section 40-5-21, a nonresident of this state who is attending a school in this state shall be exempt from the driver's licensing requirements of this chapter if and only if:

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(1) He or she is at least 16 years of age and has in his or her immediate possession a valid license issued to him or her in his or her home state or country; and (2) He or she is currently enrolled in a school in this state, has paid for the current period of enrollment the tuition charged by the school to nonresidents of Georgia, and has in his or her possession proof of payment of such tuition for such current period of enrollment. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. ADDITIONAL EXEMPTION FROM LEVY OF LOCAL EXCISE TAXES. Code Section 48-13-51 Amended. No. 266 (House Bill No. 356). AN ACT To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for lodgings, so as to provide an additional exemption from such tax; to change the limitation on the aggregate amount of taxes which may be levied; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for lodgings, is amended by striking

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subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The governing authority of each county and of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county or municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of five or more consecutive days for use by Georgia state or local government officials or employees when traveling on official business. No tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings, nor shall the aggregate amount of taxes levied upon the fees or charges for any rooms, lodgings, or accommodations exceed 8 percent of the charge to the public for the furnishings. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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ANNUAL AUDIT REPORTS OF NONPROFIT CONTRACTORS. Code Section 50-20-3 Amended. No. 267 (House Bill No. 366). AN ACT To amend Code Section 50-20-3 of the Official Code of Georgia Annotated, relating to required reports and agreements by nonprofit contractors, so as to provide for the information to be included in annual audit reports submitted to state agencies by nonprofit contractors; to establish standards for such audit reports; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 50-20-3 of the Official Code of Georgia Annotated, relating to required reports and agreements by nonprofit contractors, is amended by striking paragraph (2) of subsection (a) of said Code section in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) (A) Agree in writing to furnish biennially to the state auditor and the state agency, after the end of the nonprofit contractor's fiscal year, the report of an independent auditor acceptable to the state agency with the predominant interest. The report shall cover the nonprofit contractor's total receipts and expenditures for the two fiscal years just ended and, unless otherwise provided in state law, shall contain at least the fiscal information required by the `Uniform Administrative Requirements for Grants-In-Aid to State and Local Governments' of the United States Office of Management and Budget, OMB Circular A-102, Attachment P as it existed on March 30, 1983, and shall include an individual listing of each employee and his salary and reimbursable expenses. All audit reports shall be prepared in accordance with generally accepted auditing standards established by the American Institute of Certified Public Accountants. The state agency with the predominant interest shall be that state agency which has contracted to pay to the nonprofit contractor the

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largest aggregate amount of money covered in the audit report. Notwithstanding this paragraph, a nonprofit contractor who has begun and completed performance of any contract within the same fiscal year of such contractor, which contract was with a federal, state, or other governmental entity and which contract has been audited for the purpose of determining compliance with the funding requirements for the federal, state, or other governmental entity, may include a certified copy of such audit as an attachment to the auditor's report required by this paragraph in lieu of having an audit of the contract included in the report. Notwithstanding this paragraph, a nonprofit contractor whose total annual income does not exceed $80,000.00 and whose total annual income comes from a single contract with a single state agency may be audited by the contracting state agency if the audit conforms to the requirements of this chapter and if a copy of the audit is given to the state auditor, but failure of a state agency to audit a nonprofit contractor shall not exempt the nonprofit contractor from this chapter; (B) It shall be the duty of the state agency with the predominant interest to review each audit report and no other state agency shall be required to do so; . 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 repealed. Approved March 16, 1983.

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JEKYLL ISLAND STATE PARK FIRE DEPARTMENTPOWERS REGARDING FIRE SAFETY CODES, ETC. Code Section 12-3-235 Amended. No. 268 (House Bill No. 371). AN ACT To amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the Jekyll IslandState Park Authority Act, so as to provide that any fire department operated by the authority shall have the powers of a fire department of a county, municipality, or other political subdivision; to provide that the authority shall have the powers of a county, municipality, or other political subdivision set forth in Code Section 25-3-4, relating to enaction of fire and life safety codes, ordinances, or regulations; to provide that the provisions of Code Section 25-2-38.1 shall be applicable to the authority; to provide that the authority may charge fees for fire protection and suppression services and public safety services provided by the authority or by the Uniform Division of the Department of Public Safety, which fees shall be liens upon each tract of land benefited; to limit the amount of the fees charged to certain persons; 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 . Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the Jekyll IslandState Park Authority Act, is amended by striking in its entirety paragraph (21) of Code Section 12-3-235, relating to the powers of the Jekyll IslandState Park Authority, and inserting in lieu thereof new paragraphs (21), (22), and (23) to read as follows: (21) To do all things necessary or convenient to carry out the powers expressly given in this part; and to do any and all other acts and things which this part authorizes or requires to be done, whether or not included in the general powers mentioned in this Code section;

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(22) To provide and operate, at the discretion of the authority, a fire department which shall have the powers of a fire department of a county, municipality, or other political subdivision set forth in Chapter 3 of Title 25 and to exercise the powers of a county, municipality, or other political subdivision set forth in Code Section 25-3-4; and Code Section 25-2-38.1 shall be applicable to the authority and any fire department of the authority in the provision of fire protection and suppression services provided; (23) To charge fees to all persons, natural and artificial, using or relying upon fire protection and suppression services or public safety services provided by the authority or the Uniform Division of the Department of Public Safety, which fees and each installment thereof and the interest thereon shall be liens against each tract of land benefited by the fire protection and suppression services or public safety services so provided from the date each such fee is charged until fully paid; and such liens shall be superior to all other liens, except liens for state and county taxes and taxes levied for any and all school purposes, and shall be collected by officers designated by the authority in the same manner as state and county taxes are collected. The annual amount of any fee charged to any person, natural or artificial, or upon any property owned or leased by any such person under this paragraph shall not exceed the annual amount which would be levied for such services by the County of Glynn in the form of ad valorem taxes if such services had been provided by the County of Glynn. 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 repealed. Approved March 16, 1983.

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CRIMINAL LAWESCAPE FURTHER DEFINED. Code Section 16-10-52 Amended. No. 269 (House Bill No. 381). AN ACT To amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and related criminal offenses, so as to provide that a person commits the crime of escape when he fails to return to custody or confinement after having been released on the condition that he will return; 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 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and related criminal offenses, is amended by striking Code Section 16-10-52, relating to escape, and inserting in its place a new Code Section 16-10-52 to read as follows: 16-10-52. (a) A person commits the offense of escape when he: (1) Having been convicted of a felony or misdemeanor or of the violation of a municipal ordinance, intentionally escapes from lawful custody or from any place of lawful confinement; (2) Being in lawful custody or lawful confinement prior to conviction, intentionally escapes from such custody or confinement; or (3) Intentionally fails to return as instructed to lawful custody or lawful confinement after having been released on the condition that he will so return; provided, however, such person shall be allowed a grace period of eight hours from the exact time specified for return if such person can prove he did not intentionally fail to return.

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(b) A person who, having been convicted of a felony or misdemeanor, is convicted of the offense of escape shall be punished by imprisonment for not less than one nor more than five years. Any other person convicted of the offense of escape shall be punished as for a misdemeanor, except that a person who commits the offense of escape while armed with a dangerous weapon shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than ten years. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. GENERAL ASSEMBLYPUBLICATION OF NOTICES OF INTENTION TO INTRODUCE LOCAL BILLS. Code Section 28-1-14 Enacted. No. 270 (House Bill No. 389). AN ACT To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to provide the procedure for the advertisement of notices of intention to introduce local bills; to provide for related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to provide the law required by Article III, Section V, Paragraph IX of the Constitution of the State of Georgia.

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Section 2 . Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, is amended by adding a new Code section to be designated Code Section 28-1-14 to read as follows: 28-1-14. No local bill shall become law unless notice of the intention to introduce such bill shall have been advertised in the newspaper in which the sheriff's advertisements for the locality affected are published one time before the bill is introduced. Such advertisement must be not more than 60 days prior to the convening date of the session at which the bill is introduced. After the advertisement has been published the bill may be introduced at any time during that session unless the advertisement is published during the session, in which event the bill may not be introduced before Monday of the calendar week following the week in which the advertisement is published. A copy of the notice as it was advertised and an affidavit stating that the notice has been published as provided by this Code section shall be attached to the bill and shall become a part of the bill. Such affidavit may be made by the author of the bill or by the publisher of the newspaper in which the notice was advertised or by an employee of the newspaper designated by the publisher. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. LEASE OF LANDS BY POLITICAL SUBDIVISIONS TO PRIVATE PARTIES DECLARED NOT LEASED FOR PUBLIC PURPOSES. Code Section 6-3-21 Amended. No. 271 (House Bill No. 492). AN ACT To amend Code Section 6-3-21 of the Official Code of Georgia Annotated, relating to the declaration of property for public governmental

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and municipal purposes, so as to provide that lands leased by counties, municipalities, or other political subdivisions to private parties are declared not to be leased for public 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 6-3-21 of the Official Code of Georgia Annotated, relating to the declaration of property for public governmental and municipal purposes, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 6-3-21 to read as follows: 6-3-21. Any lands acquired, owned, leased, controlled, or occupied by counties, municipalities, or other political subdivisions for the purpose or purposes enumerated in Code Section 6-3-20 shall be and are declared to be acquired, owned, leased, controlled, or occupied for public, governmental, and municipal purposes; provided, however, that with respect to facilities located on such lands, which are leased to, controlled, or occupied by private parties, the interests created in such private parties, for the purpose of ad valorem taxation only, are declared not to be used for public, governmental, or municipal purposes and said resulting interests, regardless of the extent of such interest, whether possessory or an estate in land, are subject to ad valorem taxation; provided, further, that the underlying fee interest in such property which remains vested in the county, municipality, or other political subdivision shall be deemed to be used for public, governmental, and municipal purposes. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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CRIMINAL EXTRADITIONSREQUIREMENTS OF FORMALITY OF EXECUTIVE, ETC. Code Title 17, Chapter 13 Amended. No. 272 (House Bill No. 136). AN ACT To amend Chapter 13 of Title 17 of the Official Code of Georgia Annotated, relating to criminal extraditions, so as to provide that certain documents shall be issued under the authority of the executive seal; to require the office of Governor to maintain certain records; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 13 of Title 17 of the Official Code of Georgia Annotated, relating to criminal extradictions, is amended by striking Code Section 17-13-2, relating to duties of the Governor, in its entirety and substituting in lieu thereof a new Code Section 17-13-2 to read as follows: 17-13-2. When an application is made as provided in Code Section 17-13-1 and in accordance with other rules adopted by the Governor, he shall make his requisition for the extradition of the fugitive under the seal of the office of the Governor, according to law. Section 2 . Said chapter is further amended by striking Code Section 17-13-27, relating to the issuance of arrest warrants, in its entirety and substituting in lieu thereof a new Code Section 17-13-27 to read as follows: 17-13-27. If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the seal of the office of the Governor and directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.

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Section 3 . Said chapter is further amended by striking Code Section 17-13-42, relating to demands for the return of fugitives, in its entirety and substituting in lieu thereof a new Code Section 17-13-42 to read as follows: 17-13-42. Whenever the Governor of this state shall demand a person charged with a crime or with escaping from confinement or breaking the terms of his bail, probation, or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of the office of the Governor to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed. Section 4 . Said chapter is further amended by striking Code Section 17-13-43, relating to applications for issuance of demands, in its entirety and substituting in lieu thereof a new Code Section 17-13-43 to read as follows: 17-13-43. (a) When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the Governor his written application, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place, and circumstance of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certifying that, in the opinion of the prosecuting attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim. (b) When the return to this state is required of a person who has been convicted of a crime in this state and who has escaped from confinement or broken the terms of his bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the State Board of Pardons and Paroles, or the warden of the institution or sheriff of the county from which escape was made shall present to the Governor a written application for a requisition for the return of such person. The application shall state the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail,

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probation, or parole and the state in which he is believed to be, including the location of the person therein at the time application is made. (c) The application shall be verified by affidavit, executed in duplicate, and accompanied by two certified copies of the indictment returned, information, and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden, or sheriff may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the Governor, to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition. 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 March 16, 1983. INDEMNIFICATION OF LAW ENFORCEMENT OFFICERS, ETC.PERMANENT DISABILITY DEFINED. Code Title 45, Chapter 9 Amended. No. 273 (House Bill No. 397). AN ACT To amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement

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officers, firemen, and prison guards, so as to include among the definitions of permanent disability, organic brain damage resulting from physical trauma under certain conditions; to provide certain limitations on applications for indemnification; 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 . Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, and prison guards, is amended by striking paragraph (4) of Code Section 45-9-81, relating to definitios regarding indemnification of law enforcement officers, firemen, and prison guards, in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Permanent disability' means disability due to: (A) Loss of both eyes or blindness in both eyes with only light perception; (B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; or (E) Organic brain damage resulting from direct physical trauma incurred after January 1, 1979, which so affects the mental capacity as to preclude ability to function productively in any employment. Section 2 . Said article is further amended by adding a new Code section immediately following Code Section 45-9-86.1, to be designated Code Section 45-9-86.2, to read as follows:

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45-9-86.2. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled as a result of organic brain damage subsequent to January 1, 1979, and prior to January 1, 1983, must be made prior to January 1, 1984. 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 16, 1983. STORAGE OF COUNTY DOCUMENTS. Code Sections 15-6-86 and 36-9-5 Amended. No. 274 (Senate Bill No. 21). AN ACT To amend Code Section 15-6-86 of the Official Code of Georgia Annotated, relating to the location of the office and storage of records of the clerk of the superior court, so as to change the provisions relating to the storage of records; to amend Chapter 9 of Title 36, relating to county property generally, so as to change the provisions relating to the storage of certain books and records; to define the term county document; to provide for the safe storage of county documents; to provide for enforcement; to provide for applicability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 15-6-86 of the Official Code of Georgia Annotated, relating to the location of the office and storage of records

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of the clerk of the superior court, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) Notwithstanding any other provision of this Code section, county documents, as defined in subsection (c) of Code Section 36-9-5, shall be stored only in accordance with the provisions of Code Section 36-9-5. Section 2 . Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, is amended by striking in its entirety Code Section 36-9-5, relating to the erection, repair, and furnishing of county buildings and storage of records, and inserting in lieu thereof a new Code Section 36-9-5 to read as follows: 36-9-5. (a) It is the duty of the county governing authorities to erect or repair, when necessary, their respective courthouses and jails and all other necessary county buildings and to furnish each with all the furniture necessary for the different rooms, offices, or cells. (b) The county buildings shall be erected and kept in order and repaired at the expense of the county under the direction of the county governing authority which is authorized to make all necessary contracts for that purpose. (c) (1) As used in this subsection, the term `county document' means: (A) Records documenting property rights, deeds, and wills; and (B) Tax records documenting ownership of property and the latest valuations of property. (2) A county officer, the county board of tax assessors, or any other officer of the county having the responsibility or custody of any county documents set forth in paragraph (1) of this subsection shall, at night or when the county office is closed, keep such county documents: (A) In a fireproof safe or vault; (B) In fireproof cabinets;

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(C) On microfilm, pursuant to the standards set forth in Article 6 of Chapter 18 of Title 50, only if a security copy has been sent to the Georgia State Archives; or (D) At a location not more than 25 miles from the courthouse in a building or facility which is in compliance with the fire safety standards applicable to archives and record centers as established by the National Fire Protection Association in Standard No. 232, as such standard was adopted on May 18, 1972. (3) It is the duty of the county governing authorities to furnish the necessary fireproof equipment, microfilming equipment and supplies, or some other safe facility for such county documents. (4) On and after January 1, 1985, county documents shall be stored only in accordance with the provisions of this subsection. The local fire marshal in each county shall monitor the various county offices in the county to assure compliance with the provisions of this subsection. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. COUNTY TAX OFFICIALS AND EMPLOYEESMEMBERS OF EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA. Code Section 47-2-292 Amended. No. 275 (Senate Bill No. 72). AN ACT To amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to county tax commissioners, tax collectors, and

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tax receivers and the employees of such officials being members of the Employees' Retirement System of Georgia, so as to provide that such officials taking office after a certain date shall be members of the retirement system as a condition of holding office; to provide that certain tax officials and their employees holding office or employment on a certain date shall have the option of becoming members of the retirement system; to authorize creditable service for certain previous service and requirements relative thereto; to provide that persons becoming employees of such tax officials shall have the option to become members of the retirement system; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to county tax commissioners, tax collectors, and tax receivers and the employees of such officials being members of the Employees' Retirement System of Georgia, is amended by striking subsection (f) which reads as follows: (f) In the event a new tax commissioner, tax collector, or tax receiver is elected, he shall have until July 31 of the first year in which he takes office to elect to establish a merit system of employment and to avail himself and his employees of the retirement benefits provided for in this chapter. No coverage shall ever be extended to any official or employee designated in this Code section who is now covered or who becomes covered under any other retirement benefit or similar system excluding social security coverage. Any provision of this chapter or any other law to the contrary notwithstanding, the office of any tax commissioner, tax collector, or tax receiver covered by this subsection shall be deemed to be adjuncts of the Department of Revenue; and pursuant to this Code section, the state revenue commissioner is authorized and directed to pay from funds appropriated to the Department of Revenue the employer contributions required by this chapter for service rendered after any such tax commissioner, tax receiver, tax collector, or employee thereof becomes a member of the retirement system.,

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in its entirety and substituting in lieu thereof three new subsections (f), (g), and (h) to read as follows: (f) Except for those persons holding office on June 30, 1983, and except as otherwise provided by subsection (h) of this Code section, any person who becomes a tax commissioner, tax collector, or tax receiver at any time after June 30, 1983, shall be a member of the retirement system under the provisions of Code Section 47-2-334 as a condition of holding office. Any person holding office as a tax commissioner, tax collector, or tax receiver on June 30, 1983, except such officials who are then members of the retirement system and except as otherwise provided by subsection (h) of this Code section, shall have the option of becoming a member of the retirement system, and such option must be exercised by not later than June 30, 1984. Such officials electing membership in the retirement system may obtain creditable service under the retirement system for actual previous service as tax commissioner, tax collector, or tax receiver or as an employee of any such official by paying to the board of trustees the regular employer and employee contributions for each year or portion thereof claimed as previous service, with the computation of such contributions being based on the compensation of the official at the time of becoming a member of the retirement system. In addition to such employer and employee contributions, the official claiming such previous service shall pay interest at the rate of 6 percent per annum on the amount of such contributions compounded annually from the time the previous service was rendered until payment is made to the board of trustees. The payment required for such previous service shall be made to the board of trustees at the time application is made for membership in the retirement system. Except for the right to obtain creditable service for previous service as provided in this subsection, any official holding office on June 30, 1983, who elects membership in the retirement system shall be under the provisions of Code Section 47-2-334. (g) Except for those persons in employment on June 30, 1983, and except as otherwise provided by subsection (h) of this Code section, any person who becomes an employee of a tax commissioner, tax collector, or tax receiver at any time after June 30, 1983, shall have the option, which must be exercised within 180 days after the date of employment, of becoming a member of the retirement system under the provisions of Code Section 47-2-334. Any person employed by a tax commissioner, tax collector, or tax receiver on June 30, 1983, except such employees who are then members of the retirement

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system and except as otherwise provided by subsection (h) of this Code section, shall have the option of becoming a member of the retirement system, and such option must be exercised by not later than June 30, 1984. Such employees electing membership in the retirement system may obtain creditable service under the retirement system for actual previous service as an employee of a tax commissioner, tax collector, or tax receiver by paying to the board of trustees the regular employer and employee contributions for each year or portion thereof claimed as previous service, with the computation of such contributions being based on the compensation of the employee at the time of becoming a member of the retirement system. In addition to such employer and employee contributions, the employee claiming such previous service shall pay interest at the rate of 6 percent per annum on the amount of such contributions compounded annually from the time the previous service was rendered until payment is made to the board of trustees. The payment required for such previous service shall be made to the board of trustees at the time application is made for membership in the retirement system. Except for the right to obtain creditable service for previous service as provided in this subsection, any person employed on June 30, 1983, who elects membership in the retirement system shall be under the provisions of Code Section 47-2-334. (h) Notwithstanding any other provisions of this Code section, no tax commissioner, tax collector, tax receiver, or any employee of any such official shall be eligible for membership in the retirement system if such official or employee is covered or becomes covered by any other public retirement or pension system excluding social security coverage. The provisions of subsections (a), (c), and (d) of this Code section shall apply to any tax officials or their employees who become members of the retirement system pursuant to subsections (f) and (g) of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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PAYMENT OF OUTSTANDING WAGES TO SURVIVORS OF DECEASED EMPLOYEES. Code Section 34-7-4 Amended. No. 276 (Senate Bill No. 146). AN ACT To amend Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to master and servant generally, so as to change the provisions relating to the payment of a deceased employee's outstanding wages or other moneys to surviving spouse or children; to eliminate the maximum amount which can be paid to the surviving spouse or minor children of state employees; to authorize such payment to certain designated beneficiaries; to provide for a procedure whereby an employee may designate who shall receive such payment; to provide certain exemptions from liability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to master and servant generally, is amended by striking Code Section 34-7-4, relating to the payment of a deceased employee's outstanding wages or other moneys to surviving spouse or children generally, in its entirety and inserting in lieu thereof a new Code Section 34-7-4 to read as follows: 34-7-4. (a) (1) Upon the death of any person who was employed by any political subdivision of the state or by any railroad company or other corporation, individual, or partnership doing business in this state, if the deceased employee had wages or other moneys due from such employer, it shall be lawful for such employer to pay all of such sums if they do not exceed $2,500.00, or to pay the sum of $2,500.00 if such sums exceed $2,500.00 or upon the death of any person who was employed by the state, if the deceased employee had wages or other moneys due from the state, it shall be lawful for the state to pay all of such sums, as follows:

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(A) In the absence of a beneficiary designated in writing by the employee, then to the employee's surviving spouse; (B) In the absence of a beneficiary designated in writing by the employee and where the employee left no surviving spouse but left a surviving minor child or children, then to the duly qualified guardian of the minor child or children without any administration upon the estate of the employee; or (C) Where a beneficiary has been designated in writing by the employee to receive such sums and such beneficiary is under no legal incapacity to prevent him from receiving such sums, then to such beneficiary, or, if such beneficiary is under such legal incapacity, then to his duly qualified guardian. Such funds to the amount of $2,500.00 shall be exempt from any and all process of garnishment. (2) It shall be the responsibility of the employee to provide and the responsibility of the employer to request the name and current address of the employee's spouse or, if there is no spouse, the name and current address of each minor child of the employee. If the employee, at his election, designates a beneficiary to receive such sums, such designation shall be in writing, shall include the name and address of such beneficiary, and shall be signed by the employee. The employer shall inform the employee that any sums payable under this Code section may be paid pursuant to the designation made by the employee to a beneficiary, or to the employee's spouse, or to the employee's minor child or children as provided in this Code section and shall request the employee to furnish and keep any such information and designation current. The employer shall not be subject to any penalty for failure to inform and request that the employee furnish such information and designation, or for the failure of the employer to pay such sums in accordance with the provisions of this Code section. (b) Any employer described in subsection (a) of this Code section may pay over any sums due under subsection (a) of this Code section upon the demand of such designated beneficiary or guardian thereof, or, if no such beneficiary is designated, then upon the demand of the surviving spouse, or, if in the absence of such designated beneficiary and where there is no surviving spouse, upon the demand of the minor child or children or the guardian thereof.

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(c) The paying over of any sums due as permitted under subsections (a) and (b) of this Code section to the proper party or parties as set forth in this Code section shall operate as a release from all claims to such sums or as a release from all claims against the state, political subdivision thereof, railroad company, or other corporate, partnership, or individual employer by the estate of the employee, the creditors thereof, the surviving spouse or minor child or children or the guardian thereof, or any other person. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. DISPOSITION OF FUNDS OF DECEASED DEPOSITORS BY FINANCIAL INSTITUTIONS. Code Title 7, Chapter 1 Amended. No. 277 (House Bill No. 221). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to authorize payment of funeral expenses from certain deposits; to change the amount of funds which may be deposited in a financial institution by a nursing home on behalf of a deceased resident; 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 a new Part 12 at the end of Article 1 to read as follows:

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Part 12 7-1-239. (a) Except as provided in subsection (b) of this Code section and in Article 8 of this chapter, whenever any person dies intestate having a deposit of not more than $2,500.00 in a financial institution, such financial institution shall be authorized to pay the proceeds of such deposit directly to the following persons: (1) To the surviving spouse; (2) If no surviving spouse, to the children pro rata; (3) If no children or surviving spouse, to the father and mother pro rata; or (4) If none of the above, then to the brothers and sisters of the decedent pro rata. (b) Except as provided in Article 8 of this chapter, if no application for the deposit is made by any person named in subsection (a) of this Code section within 90 days from the death of the depositor, the financial institution shall be authorized to apply not more than $2,500.00 of the deposit of such deceased depositor in payment of the funeral expenses and expenses of the last illness of such deceased depositor upon the receipt of itemized statements of such expenses and the affidavit of the providers of such services that the itemized statements are true and correct and have not been paid. The financial institution shall pay such expenses in the order received after the death of the depositor. (c) Payments pursuant to subsections (a) and (b) of this Code section shall operate as a complete acquittal and discharge to the financial institution of liability from any suit, claim, or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person. Such payment is authorized to be made as provided in this Code section without the necessity of administration of the estate of the decedent or without the necessity of obtaining an order that no administration is necessary. (d) In any case in which a deceased depositor has more than $2,500.00 on deposit in a financial institution, such financial institution shall be authorized to pay any amount up to $2,500.00 to any of the persons authorized by this Code section to receive said deposit.

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The payment shall only act as a full and final acquittance of liability up to the amount paid by the financial institution and shall not act as a full and final acquittance to the financial institution of all liability. (e) Notwithstanding any other provisions of law to the contrary, when any person dies intestate as a resident of a nursing home in this state and such nursing home is left in possession of moneys belonging to the decedent, which moneys do not exceed $2,500.00, such nursing home may deposit such moneys into a savings account in the name of the decedent in a financial institution located in the area of the nursing home or such other place designated by the decedent or the decedent's representative prior to the death of the decedent. Such account shall be managed in accordance with the signature contract in effect at the financial institution at the time the account is opened. Any financial institution receiving such deposits is authorized to pay the proceeds in accordance with subsections (a), (b), (c), and (d) of this Code section. (f) As used in this Code section, the term `financial institution' includes any federally chartered financial institution. Section 2 . (a) Said chapter is further amended by repealing the following Code sections: (1) Code Section 7-1-357, relating to payments of deposits of deceased depositors and deposits by nursing homes of moneys left in their possession upon the death of residents; and (2) Code Section 7-1-664, relating to the payment of deposits of deceased depositors in state and federal credit unions. in their entirety and substituting in lieu thereof the following: 7-1-357. Reserved. 7-1-664. Reserved. (b) Said chapter is further amended by striking Code Section 7-1-791, relating to payment of deposits of deceased depositors in building and loan associations or savings and loan associations, in its entirety and substituting in lieu thereof the following: 7-1-791. Except as provided in Article 8 of this chapter, upon the death of a depositor of a building and loan association or a savings

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and loan association, such association may pay the amount of his deposit or any portion thereof to an executor, administrator, or other fiduciary duly appointed and qualified pursuant to the last will and testament of the depositor or by any court of competent jurisdiction in this state or any other state. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. HUNTING WILDLIFEUSE OF CROSSBOWS BY HANDICAPPED PERSONS PERMITTED, ETC. Code Section 27-2-4 Amended. No. 278 (House Bill No. 288). AN ACT To amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife, so as to allow qualified handicapped individuals to use crossbows for hunting; to make the use of silencers illegal; 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 27-2-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife, is amended by striking paragraph (6) in its entirety and substituting in lieu thereof a new paragraph (6) to read as follows: (6) The use of crossbows for hunting within this state is prohibited; provided, however, that individuals with medically certified disability affecting the extremities which precludes the use of a

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regular or compound bow may be issued a special permit for the use of a crossbow, and such permits shall be issued upon receipt of a letter from a physician licensed to practice medicine under the laws of Georgia which certifies that such individual has a permanent disability to the extremities either through amputation or loss of function which renders the use of a regular or compound bow impossible; Section 2 . Said Code section is further amended by striking the period appearing at the end of paragraph (8) and inserting in lieu thereof a semicolon and by adding at the end of said Code section a new paragraph (9) to read as follows: (9) The use of silencers for hunting within this state is prohibited. 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 16, 1983. DEATH PENALTYDATE OF EXECUTIONPERSONS TO BE NOTIFIED. Code Title 17, Chapter 10 Amended. No. 279 (House Bill No. 313). AN ACT To amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, as amended, so as to require that the Attorney General and the attorneys of record of a convicted person sentenced to death be notified of

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the date of execution and any changes in that date; 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 . Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, is amended by striking Code Section 17-10-33, relating to imposition of sentence of death upon judgment of death, and inserting in its place a new Code Section 17-10-33 to read as follows: 17-10-33. Upon a judgment of death made by a judge, it shall be the duty of the judge to sentence the defendant to death and to indicate the sentence in writing, which writing shall be filed with the papers in the case against the defendant. A certified copy of the sentence shall be sent by the clerk of the court in which the sentence is pronounced to the defendant's attorney of record, to the Attorney General, and to the superintendent of the state correctional institution where the execution is to take place, not less than ten days prior to the time fixed in the sentence of the court for the execution of the defendant. In all cases it shall be the duty of the sheriff of the county in which the defendant is sentenced, together with one deputy or more if in his judgment it is necessary, and provided that in all cases the number of guards shall be approved by the trial judge or, if he is not available, by the judge of the probate court of the county in which the defendant is sentenced, to convey the defendant to the appropriate state correctional institution, not more than 20 days nor less than two days prior to the time fixed in the judgment for the execution of the defendant, unless otherwise directed by the Governor or unless a stay of execution has been caused by an appeal, granting of a new trial, or other order of a court of competent jurisdiction. The expense for transporting the defendant to the state correctional institution for the purpose of electrocution shall be paid by the county governing authority of the county in which the defendant was convicted, out of any funds on hand in the treasury of the county. Section 2 . Said article is further amended by striking Code Section 17-10-40, relating to change of execution dates, and inserting in its place a new Code Section 17-10-40 to read as follows: 17-10-40. Where the date for the execution of any convicted person in a capital case has passed by reason of a supersedeas incident to appellate review, a stay of execution by the Governor, or for any

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other reason, the judge of the superior court of the county where the case was tried shall have the power and authority to pass an order fixing a new date for the execution of the original sentence without requiring the convicted person to be brought before him by a writ of habeas corpus. The order shall be recorded on the minutes of the court and a certified copy of the order shall be sent immediately to the convicted person's attorney of record, to the Attorney General, and to the superintendent of the state correctional institution at the place of execution. The new date for the execution fixed by the judge shall be not less than ten nor more than 20 days from the date of the order. 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 16, 1983. DISABLED VETERANS RELIEVED FROM PAYMENT OF BUSINESS OR PROFESSIONAL LICENSE FEES. Code Section 43-12-2 Amended. No. 280 (House Bill No. 330). AN ACT To amend Code Section 43-12-2 of the Official Code of Georgia Annotated, relating to the qualifications and submission of satisfactory evidence in order to peddle, conduct business, or practice the professions or semiprofessions without paying for a license, so as to provide that certain additional veterans shall not be required to pay for licenses; 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 43-12-2 of the Official Code of Georgia Annotated, relating to the qualifications and submission of satisfactory evidence in order to peddle, conduct business, or practice the professions or semiprofessions without paying for a license, is amended by striking subsection (c) of said Code section in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) A war veteran must furnish satisfactory proof that he has a physical handicap which is disabling to the extent of 10 percent or more; that his service in the armed forces of the United States was terminated under conditions other than dishonorable; and that his service or some part thereof was rendered during a war period as defined by an act of the Congress of the United States, approved March 20, 1933, entitled `An Act to Maintain the Credit of the United States,' and commonly known as Public Law No. 2, 73rd Congress; or that some part of his service was rendered on or after December 7, 1941, and before December 31, 1946; or that some part of his service was rendered on or after June 27, 1950, and before January 31, 1955; or that some part of his service was rendered on or after August 5, 1964, and before May 8, 1975. Proof of such 10 percent disability shall be established upon the written certificate of two physicians as to such disability, or by a letter or other written evidence from the United States Veterans' Administration stating the degree of disability, or by written evidence from the branch of the armed forces of the United States in which such veteran served. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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NATURAL GUARDIANS OF MINORSCONDITIONS REQUIRING BOND CHANGED. Code Section 29-4-2 Amended. No. 281 (House Bill No. 361). AN ACT To amend Code Section 29-4-2 of the Official Code of Georgia Annotated, relating to natural guardians of minors and when bond is required thereof, so as to change the conditions under which bond is required; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 29-4-2 of the Official Code of Georgia Annotated, relating to natural guardians of minors and when bond is required thereof, is amended by striking that Code section in its entirety and inserting in its place a new Code Section 29-4-2 to read as follows: 29-4-2. (a) Unless otherwise provided in this Code section, if both parents are alive, either parent is the natural guardian of a minor child. If a parent is dead or if the parents are legally separated or divorced, the parent having custody of the child is the natural guardian. (b) The natural guardian may not demand or receive the property of the child until a guardian's bond is filed and accepted by the judge of the probate court; provided, however, that, where the value of the property of the child is $1,000.00 or less, no bond will be required, and where the value of the property is greater than $1,000.00 but less than $5,000.00, whether or not bond will be required shall be in the discretion of the judge of the probate court. (c) If the natural guardian fails or refuses to give bond and surety when required pursuant to subsection (b) of this Code section, the judge of the probate court may appoint another guardian to receive the property without publishing a citation as is published in guardianship matters under other Code sections.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. COMPOSITE STATE BOARD OF MEDICAL EXAMINERSGROUNDS TO REFUSE OR TO SUSPEND LICENSES ENLARGED. Code Section 43-34-37 Amended. No. 282 (House Bill No. 399). AN ACT To amend Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to the authority of the Composite State Board of Medical Examiners to refuse to issue licenses and to suspend licenses, to hearings before the board, and to immunity of witnesses for giving testimony, so as to include among these grounds certain conduct relating to drugs, treatment, or procedures detrimental to patients; to change the provisions relating to immunity from civil and criminal liability relative to certain investigations and the giving of testimony in certain instances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to the authority of the Composite State Board of Medical Examiners to refuse to issue licenses and to suspend licenses, hearings before the board, and to immunity of witnesses for giving testimony, is amended by striking paragraph (7) of subsection (a) thereof and inserting in its place a new paragraph (7) to read as follows:

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(7) 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. As used in this paragraph, the term `unprofessional conduct' shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing medical practice and shall also include, but not be limited to, the prescribing or use of drugs, treatment, or diagnostic procedures which are detrimental to the patient as determined by the minimal standards of acceptable and prevailing medical practice or by rule of the board;. Section 2 . Said Code section is further amended by striking subsection (h) in its entirety and inserting in lieu thereof a new subsection (h) to read as follows: (h) A person, partnership, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating 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 medicine or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith without fraud or malice. Any person who testifies in good faith without fraud or malice before the board in any proceeding involving a violation of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice medicine, or who makes a recommendation to the board in the nature of peer review, shall be immune from civil and criminal liability for so testifying. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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CANINE HANDLERS OF DEPARTMENT OFFENDER REHABILITATION TO HAVE POWERS OF POLICE OFFICERS. Code Section 42-5-35 Amended. No. 283 (House Bill No. 407). AN ACT To amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of the Department of Offender Rehabilitation, so as to confer upon canine handlers employed by the Department of Offender Rehabilitation all of the powers of a police officer of this state when engaged in their official duties or in the apprehension of any person, known or unknown, regardless of whether that person has been previously convicted of or only suspected of committing a crime; to authorize the Department of Offender Rehabilitation to assist local and state law enforcement officers in the apprehension of such 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 . Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of the Department of Offender Rehabilitation, is amended by striking Code Section 42-5-35, relating to conferral of police powers upon the commissioner of offender rehabilitation and personnel of the Department of Offender Rehabilitation, in its entirety and inserting in lieu thereof a new Code Section 42-5-35 to read as follows: 42-5-35. (a) The board may adopt and promulgate rules and regulations conferring all powers of a police officer of this state, including, but not limited to, the power to make summary arrests for violations of any of the criminal laws of this state and the power to carry weapons, upon the commissioner, any deputy of the commissioner, any departmental investigator, any correctional officer of the department, or any warden, deputy warden, assistant warden, superintendent,

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deputy superintendent, assistant superintendent, or correctional officer of any state or county institution operated under the jurisdiction of the department. (b) All powers of a police officer of this state, including, but not limited to, the power to make summary arrest for violations of any of the criminal laws of this state and the power to carry weapons, are conferred upon canine handlers employed by the Department of Offender Rehabilitation when engaged in their official duties or in the apprehension of any person, known or unknown, regardless of whether that person has been previously convicted of or is only suspected of committing a crime. (c) The Department of Offender Rehabilitation is authorized to assist local and state law enforcement officers in the apprehension of persons convicted of or suspected of committing a crime by making canine handlers and canines trained in such apprehension available to such law enforcement officers. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. DEPARTMENT OF ADMINISTRATIVE SERVICES AUTHORIZED TO PROVIDE ADMINISTRATIVE SERVICES TO LOCAL POLITICAL SUBDIVISIONS. Code Section 50-5-15 Enacted. No. 284 (House Bill No. 448). AN ACT To amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the

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Department of Administrative Services, so as to authorize the Department of Administrative Services to provide for administrative services to local political subdivisions under certain circumstances; 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 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Administrative Services, is amended by adding a new Code Section immediately following Code Section 50-5-14, to be designated Code Section 50-5-15, to read as follows: 50-5-15. Any other provision of this chapter notwithstanding, the Department of Administrative Services is authorized to provide any administrative service which it normally provides to the various departments, agencies, and institutions of the state to any local political subdivision within the state. The provision of one or more administrative services to any or all political subdivisions shall be at the sole discretion of the commissioner of administrative services and such services shall only be rendered after a request for such services from the governing body of the local political subdivision. 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 repealed. Approved March 16, 1983.

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CONTINUANCES IN CASES WHERE PARTY OR ATTORNEY IS IN ATTENDANCE ON SESSION OF GENERAL ASSEMBLY. Code Section 17-8-26 Amended. No. 285 (House Bill No. 478). AN ACT To amend Article 2 of Chapter 8 of Title 17, relating to continuances in criminal cases, so as to provide that, when a case is subject to continuance because the attorney is a member of the General Assembly, the party shall not be required to be present at the call of the case; 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 8 of Title 17, relating to continuances in criminal cases, is amended by striking Code Section 17-8-26, relating to continuances by reason of attendance at the General Assembly and inserting in its place a new Code section to read as follows: 17-8-26. It shall be the duty of the judge of any trial court of this state to continue any case in the court on or without motion when any party thereto or his attorney shall, when the case is reached, be absent from the court by reason of his membership in the General Assembly. The continuance shall extend during the entire length of any regular or extraordinary session of the General Assembly and during the first three weeks of any recessed or adjourned regular or extraordinary session thereof, including the first three weeks immediately following any session adjourned sine die, unless the party in such absence of his attorney or the attorney in such absence of the party shall, on the call of the case, announce ready for trial. When a case is called and is subject to continuance because the party's attorney is a member of the General Assembly, the party shall not be required to be present at the call of the case. Where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his other counsel that the absent counsel is necessary or desirable for the proper handling of the case.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. THEFT OF MOTOR VEHICLE LICENSE PLATESDUTY OF OWNER TO REPORT. Code Section 40-2-42 Enacted. No. 286 (House Bill No. 497). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the reporting of stolen license plates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by adding a new Code Section 40-2-42 to read as follows: 40-2-42. The owner of a motor vehicle shall immediately report the theft of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the local tag agent with a fee of $2.00 to obtain a duplicate license plate or revalidation decal.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. CANCELLATION OF INDEBTEDNESS BY GRANTEEDEFINITION OF TERMS. Code Section 44-14-3 Amended. No. 287 (House Bill No. 504). AN ACT To amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation of indebtedness by grantee upon payment and civil penalty for failure to comply and liability of agents, so as to define certain terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation of indebtedness by grantee upon payment and civil penalty for failure to comply and liability of agents, is amended by striking subsections (a) and (b) of said Code section in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) As used in this Code section, the term: (1) `Account' means the loan, note, or other such agreement executed by the parties. (2) `Finance charge' means interest and other charges agreed to by the parties.

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(3) `Grantee' means heirs, devisees, executors, administrators, successors, transferees or assigns, and any servicing agent or any person or entity to whom indebtedness is paid on behalf of or by any grantor. (4) `Grantor' means heirs, devisees, executors, administrators, successors, transferees, or assigns. (5) `Instrument' means a deed to secure debt, a security instrument, a purchase money mortgage, a financing statement, a personalty mortgage, a loan contract, or other instrument executed in connection with any loan. (6) `Revolving loan account' means an arrangement between a lender and a debtor for the creation of debt pursuant to an agreement secured by an instrument and under which: (A) The lender may permit the debtor to create debt from time to time; (B) The unpaid balances of principal of such debt and the loan finance and other appropriate charges are debited to an account; (C) A loan finance charge is computed on the outstanding balances of the debtor's account from time to time; and (D) The debtor agrees to repay the debt and accrued finance charges in accordance with the written agreement with the lender. (E) The limitation on the maximum amount which the debtor is entitled to become indebted under said arrangement between the lender and debtor is stated on the face of the instrument, and said amount shall be deemed to be notice of the maximum amount secured by the instrument. (b) Whenever the indebtedness secured by any instrument is paid in full, the grantee of the instrument, within 45 days of the date of the full payment, shall cause to be furnished to the grantor or to the clerk of the superior court of the county or counties in which the instrument is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of

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record. In the case of a revolving loan account, the debt shall be considered to be `paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he wishes to terminate the agreement pursuant to its terms. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. TERMINATION DATE OF STATE BOARD OF RECREATION EXAMINERS CHANGED. Code Section 43-41-20 Amended. No. 288 (House Bill No. 513). AN ACT To amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to recreation leaders and therapeutic recreation technicians, so as to change the termination date of the State Board of Recreation Examiners and the date of repeal of laws relating to such board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to recreation leaders and therapeutic recreation technicians, is amended by striking in its entirety Code Section 43-41-20, relating to the termination date of the State Board of Recreation Examiners, and inserting in lieu thereof a new Code Section 43-41-20 to read as follows:

Page 680

43-41-20. 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 Recreation Examiners shall be terminated on July 1, 1984, 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 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 repealed. Approved March 16, 1983. DEPARTMENT OF OFFENDER REHABILITATIONCONFIDENTIALITY OF INFORMATION SUPPLIED BY INMATES. Code Section 42-5-36 Amended. No. 289 (House Bill No. 548). AN ACT To amend Code Section 42-5-36 of the Official Code of Georgia Annotated, relating to confidentiality of information supplied by inmates and penalties for the breach thereof, so as to extend the status of privileged information and secrets of the state to investigation reports and intelligence data prepared by the Internal Investigations Unit of the Department of Offender Rehabilitation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Code Section 42-5-36 of the Official Code of Georgia Annotated, relating to confidentiality of information supplied by inmates and penalties for the breach thereof, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 42-5-36 to read as follows: 42-5-36. (a) Officials and employees of the department shall respect the confidential nature of information supplied by inmates who cooperate in remedying abuses and wrongdoing in the penal system. Any official or employee who breaks such a confidence and thereby subjects a cooperating inmate to physical jeopardy or harassment shall be subject to suspension or discharge. (b) Investigation reports and intelligence data prepared by the Internal Investigations Unit of the Department of Offender Rehabilitation shall be classified as confidential state secrets and privileged under law, unless declassified in writing by the commissioner. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. GENERAL ASSEMBLYPROCEDURE FOR DETERMINING PERMANENT DISABILITY OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. Code Section 28-1-6.1 Enacted. No. 290 (House Bill No. 647). AN ACT To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the method for determining the permanent disability of the Speaker of

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the House of Representatives; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article III, Section III, Paragraph II of the Constitution of the State of Georgia. Section 2 . Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding a new Code Section 28-1-6.1 immediately following Code Section 28-1-6 to read as follows: 28-1-6.1. Upon a petition of 20 members of the majority caucus of the House of Representatives being filed with the Clerk of the House that the Speaker of the House is unable to perform the duties of that office because of physical or mental disability, the Clerk shall make a copy of the petition for the records of his office and shall transmit, within three days, the original to the chairman of the majority caucus along with his certificate as to the date and time on which the petition was filed with him. The chairman shall call a meeting of the caucus to be held within five days from the date he receives the petition and certificate from the Clerk. Such meeting shall be for the purpose of holding a hearing on the petition and the caucus shall adopt rules for the conduct of the hearing. After the hearing the members of the caucus shall vote and if a majority of the membership of the caucus votes that there is a disability and that such disability is permanent the office shall be declared vacant and the Speaker Pro Tempore shall become Speaker and serve until a Speaker is elected. 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 repealed. Approved March 16, 1983.

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GARNISHMENTWHEN PENSION OR RETIREMENT FUNDS SUBJECT. Code Section 18-4-22 Amended. No. 291 (House Bill No. 675). AN ACT To amend Article 1 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment in general, so as to specify when funds or benefits of a pension or retirement program shall be subject to garnishment; 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 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment in general, is amended by striking Code Section 18-4-22 which reads as follows: 18-4-22. Funds or benefits from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise transferred to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise transferred to the member or beneficiary, shall be exempt from the process of garnishment only to the extent provided in Code Section 18-4-20 for other disposable earnings, unless a greater exemption is otherwise provided by law., and inserting in its place a new Code section to read as follows: 18-4-22. (a) Funds or benefits from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise transferred to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise transferred to the member or beneficiary, shall be exempt from the process of garnishment only to the extent provided in Code Section 18-4-20 for other disposable earnings, unless a greater exemption is otherwise provided by law.

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(b) The exemption provided by this Code section shall not apply when: (1) Such funds or benefits are currently due and payable or transferable to a member of such program or to a beneficiary thereof; and (2) The garnishment is based upon a judgment for alimony or for child support, in which event such funds or benefits shall then be subject to the process of garnishment to the extent provided in subsection (f) of Code Section 18-4-20. 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 repealed. Approved March 16, 1983. EFFECTIVE DATE OF CERTAIN ARTICLES OF CODE RELATING TO TREATMENT OF ALCOHOLICS DELAYED. Code Section 37-8-53 Amended. No. 292 (House Bill No. 6). AN ACT To amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to treatment of alcoholics and intoxicated persons, so as to delay the effective date of certain articles in that chapter; 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 8 of Title 37 of the Official Code of Georgia Annotated, relating to treatment of alcoholics and intoxicated persons, is amended by striking Article 4 thereof, relating to the effective date of certain other articles, and inserting in its place a new Article 4 to read as follows: Article 4 37-8-53. Article 1, 2, and 3 of this Chapter 8 shall not become effective until July 1, 1985; notwithstanding Code Section 1-1-9, relating to the effective date of the Official Code of Georgia Annotated. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. NO OFFICE ABOLISHED NOR TERM OF INCUMBENT SHORTENED WITHOUT REFERENDUM. Code Section 1-3-11 Enacted. No. 293 (House Bill No. 21). AN ACT To amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide that no office to which a person has been elected shall be abolished nor the term of the office shortened or lengthened by local or special Act

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during the term for which such person was elected unless the same shall be approved by the people of the jurisdiction affected in a referendum on the question; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, is amended by adding at the end thereof a new Code Section 1-3-11 to read as follows: 1-3-11. No office to which a person has been elected shall be abolished nor the term of the office shortened or lengthened by local or special Act during the term for which such person was elected unless the same shall be approved by the people of the jurisdiction affected in a referendum on the question. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. CONSOLIDATED ELECTION RETURNSFILING WITH SECRETARY OF STATE. Code Section 21-3-406 Amended. No. 294 (House Bill No. 29). AN ACT To amend Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to election returns, so as to provide for the preparation and filing of four copies of the consolidated returns of primaries and elections by the superintendent; to provide for a procedure whereby election returns shall be made to the Secretary of

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State as required by Article II, Section II, Paragraph I of the Constitution of the State of Georgia; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article II, Section II, Paragraph I of the Constitution of the State of Georgia. Section 2 . Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to election returns, is amended by striking Code Section 21-3-406, relating to the filing of election returns, which reads as follows: 21-3-406. (a) After the certification of the returns of any primary or election as provided by Code Section 21-3-403, the superintendent shall retain in his office one copy of the returns so certified. (b) In the case of a primary, each party superintendent shall make the return required by the rules of his party. (c) In the case of an election, the superintendent shall make the return of the election to the governing authority of the municipality., in its entirety and inserting in lieu thereof a new Code Section 21-3-406 to read as follows: 21-3-406. Each superintendent shall prepare four copies of the consolidated return of the primary or election to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows: (1) One copy to be posted at city hall for the information of the public; (2) One copy to be filed in the superintendent's office; (3) One copy to be forwarded to the Secretary of State, together with a copy of each 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

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(4) One copy to be sealed and filed with the clerk of the superior court in the same manner as required by Code Section 21-2-500. Section 3 . This Act shall become effective July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. GENERAL ASSEMBLYPRESERVATION OF ENGROSSED COPIES OF BILLS AND JOINT RESOLUTIONSFILING, ETC. Code Section 28-1-11 Amended. No. 295 (House Bill No. 30). AN ACT To amend Code Section 28-1-11 of the Official Code of Georgia Annotated, relating to maintenance of copies of laws and joint resolutions, so as to provide the procedure for maintaining engrossed copies of bills and certain resolutions; to provide for the maintenance of enrolled Acts; to provide for the publication of enrolled Acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement the provisions of Article III, Section V, Paragraph I of the Constitution of the State of Georgia. Section 2 . Code Section 28-1-11 of the Official Code of Georgia Annotated, relating to maintenance of copies of laws and joint

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resolutions, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 28-1-11 to read as follows: 28-1-11. The engrossed copies of all bills and of all resolutions intended to have the effect of law passed by either house of the General Assembly shall be preserved by the Secretary of the Senate and the Clerk of the House of Representatives and deposited in the office of the Secretary of State. The enrolled copies of all bills and of all resolutions intended to have the effect of law, which, when signed by the Governor, become enrolled Acts, shall be deposited in the office of the Secretary of State. The Secretary of State shall provide for the publication of such Acts. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. GENERAL ASSEMBLYPOWERS AND DUTIES OF PRESIDENT PRO TEMPORE OF SENATE AND OF SPEAKER PRO TEMPORE OF HOUSE. Code Section 28-1-6 Amended. No. 296 (House Bill No. 36). AN ACT To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly of Georgia, so as to repeal the provisions relating to the election of the President of the Senate and the Speaker of the House of Representatives and the President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives; to change the provisions relating to the powers and duties of such officers; to

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provide for a statement of intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement the provisions of Article III, Section III of the Constitution of the State of Georgia. Section 2 . Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly of Georgia, is amended by striking Code Section 28-1-6, relating to the election of the President and the President Pro Tempore of the Senate and the Speaker and the Speaker Pro Tempore of the House of Representatives and their powers and duties, in its entirety and inserting in lieu thereof a new Code Section 28-1-6 to read as follows: 28-1-6. While presiding or in the absence of the President of the Senate, the President Pro Tempore shall have the same powers and duties as the President of the Senate. While presiding or in the absence of the Speaker of the House of Representatives, the Speaker Pro Tempore shall have the same powers and duties as the Speaker of the House of Representatives. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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GEORGIA WITHDRAWN FROM VEHICLE EQUIPMENT SAFETY COMPACT. Code Sections 40-8-280 through 40-8-291 Repealed. No. 297 (House Bill No. 77). AN ACT To repeal Article 5 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to Georgia as a party state to the Vehicle Equipment Safety Compact; to provide for withdrawal of the State of Georgia from the compact; 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 . Article 5 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to Georgia as a party state to the Vehicle Equipment Safety Compact, is repealed in its entirety. Section 2 . The State of Georgia withdraws from the Vehicle Equipment Safety Compact effective one year after the Governor gives notice of withdrawal as provided in Article IX of the compact. 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 16, 1983.

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APPOINTMENT OF TEMPORARY GUARDIANS FOR MINORS IN CERTAIN CASES. Code Section 29-4-4.1 Enacted. No. 298 (House Bill No. 79). AN ACT To amend Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of minors, so as to provide for the appointment, in certain cases, of a temporary guardian for a minor when the actual whereabouts of one or both of the minor's natural guardians are unknown or when the minor is alleged by the person having actual custody of such minor to be in need of a guardian and one or both of the natural guardians fails to sign a relinquishment of guardianship rights; to provide for notice and procedures for appointment of the temporary guardian; to provide for the minor to select a temporary guardian under certain conditions; 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 29 of the Official Code of Georgia Annotated, relating to guardians of minors, is amended by adding between Code Section 29-4-4 and Code Section 29-4-5 a new Code Section 29-4-4.1 to read as follows: 29-4-4.1. (a) (1) The judge of the probate court of the county in which the person having actual physical custody of the minor resides shall have the power to appoint a temporary guardian of the person or property, or both, of the minor when the actual whereabouts of one or both of the minor's natural guardians are unknown or when the minor is alleged by the person having actual custody of such minor to be in need of a guardian and one or both of the natural guardians fails to sign a relinquishment of guardianship rights. No temporary guardian shall be appointed unless proper notice as required in this Code section is given or if objection is filed by a natural guardian.

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(2) If such minor is above the age of 14 years before a temporary guardian is appointed, the minor shall have the privilege of selecting a temporary guardian himself. If the selection is judicious, the judge of the probate court shall appoint the temporary guardian so selected. Having once exercised this privilege, the ward may not do so again except upon cause shown for the removal of the temporary guardian first selected. (b) Notice of the pending application for temporary guardianship shall be given to the minor's natural guardian or guardians if such do not relinquish in writing their guardianship rights. Such notice shall be by personal service if the natural guardian to be served resides in this state at a known current address or, if the current address is unknown or is outside this state, by first class mail sent to the natural guardian's last known address, if any, or, if no address is known, by publication as provided in Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process. If no natural guardian appears and objects to the application for temporary guardianship, the judge of the probate court shall appoint a temporary guardian. (c) Upon subsequent application to the court for guardianship of the minor by the minor's natural guardian, the judge of the probate court shall remove the temporary guardian appointed under this Code section and dissolve the temporary guardianship. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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SERVICES BY EMERGENCY MEDICAL TECHNICIANS UNDER CERTAIN CONDITIONS. Code Section 31-11-59 Amended. No. 299 (House Bill No. 80). AN ACT To amend Code Section 31-11-59 of the Official Code of Georgia Annotated, relating to services by emergency medical personnel in hospitals, so as to authorize emergency medical technicians to render certain services in hospitals under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 31-11-59 of the Official Code of Georgia Annotated, relating to services by emergency medical personnel in hospitals, is amended by replacing that Code section with a new Code Section 31-11-59 to read as follows: 31-11-59. Emergency medical technicians, advanced emergency medical technicians, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53, 31-11-54, and 31-11-55, respectively, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction of a physician or registered professional nurse, provided that such hospital has a currently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac technicians, and advanced emergency medical technicians in any area in which they are already authorized to render such services. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. INSURANCE COMPANIES AS SURETIES ON GUARANTEED ARREST BOND CERTIFICATES OF TRUCKING CLUBS OR ASSOCIATIONS. Code Section 33-24-50 Amended. No. 300 (House Bill No. 179). AN ACT To amend Code Section 33-24-50 of the Official Code of Georgia Annotated, relating to action as sureties upon guaranteed arrest bond certificates by insurance companies, so as to authorize domestic or foreign insurance companies, fidelity insurance companies, or surety companies to contract to become sureties on guaranteed arrest bond certificates issued by trucking clubs or associations; to change the amount for which such companies act as sureties; 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 33-24-50 of the Official Code of Georgia Annotated, relating to action as sureties upon guaranteed arrest bond certificates by insurance companies, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 33-24-50 to read as follows: 33-24-50. (a) Any domestic or foreign insurance company, fidelity insurance company, or surety company which has qualified to transact business within this state may contract to become surety, in an amount not to exceed $250.00 each, for any guaranteed arrest bond

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certificates issued by an automobile club or association or by a trucking club or association by filing with the Commissioner a certificate thus to become surety. (b) The certificate shall be in a form which shall be prescribed by the Commissioner and shall state: (1) The name and address of the automobile club or clubs or automobile association or associations or of the trucking club or clubs or trucking association or associations issuing the guaranteed arrest bond certificates of which the company undertakes to be surety; and (2) The unqualified obligations of the company undertaking to become surety to pay the fine or forfeiture, in an amount not to exceed $250.00, of any person who fails to make an appearance to answer to the charges for which said guaranteed arrest bond certificate is posted. (c) Any guaranteed arrest bond certificate to which an insurance, fidelity insurance, or surety company has become surety, as provided for in this Code section, shall, when posted by the person whose signature appears thereon, be accepted, in lieu of cash bail or other bond in an amount not to exceed $250.00, as a bail bond to guarantee the appearance of the person in any court in this state, including all municipal courts in this state, at such time as may be required by the court when the person is arrested for violation of any motor vehicle law of this state, including, but not limited to, violations regarding the size, weight, or height of vehicles, improperly licensed vehicles, improper identification devices, safety infractions, and faulty equipment or pollution control devices, or any motor vehicle ordinance of any municipality in this state except for the offense of driving under the influence of intoxicating liquors or drugs or for any felony. Any guaranteed arrest bond certificates so posted as bail bond in any court in this state shall be subject to the forfeiture and enforcement provisions with respect to bail bonds in criminal cases as provided by law. Any guaranteed arrest bond certificate posted as a bail bond in any municipal court of this state shall be subject to the forfeiture and enforcement provisions of the charter or ordinance of the particular municipality pertaining to bail bonds. Section 2 . This Act shall become effective September 1, 1983.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. PRESENTENCE OR POSTSENTENCE INVESTIGATIONS OR PSYCHOLOGICAL EVALUATIONS OF CONVICTED PERSONSCONFIDENTIALITY, ETC. Code Section 42-8-29.1 Enacted. No. 301 (Senate Bill No. 237). AN ACT To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for presentence or postsentence investigations or psychological evaluations of convicted persons complied by probation personnel to be forwarded to certain offices within the Department of Offender Rehabilitation under certain conditions; to provide for other information to be sent to such department under certain conditions; to make such information available to the State Board of Pardons and Paroles; to provide for confidentiality of such information; to prohibit the dissemination of such information to other persons or agencies without proper consent; 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 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding between Code Sections 42-8-29 and 42-8-30 a new Code section, to be designated Code Section 42-8-29.1, to read as follows:

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42-8-29.1. (a) When a convicted person is committed to an institution under the jurisdiction of the Department of Offender Rehabilitation, any presentence or postsentence investigation or psychological evaluation compiled by a probation supervisor or other probation official shall be forwarded to any division or office designated by the commissioner. Accompanying this document or evaluation will be the case history form and the criminal history sheets from the Federal Bureau of Investigation or the Georgia Crime Information Center, if available, unless any such information has previously been sent to the department pursuant to Code Section 42-5-50. A copy of these same documents shall be made available for the State Board of Pardons and Paroles. A copy of one or more of these documents, based on need, may be forwarded to another institution to which the defendant may be committed. (b) The prison or institution receiving these documents shall maintain the confidentiality of the documents and the information contained therein and shall not send them or release them or reveal them to any other person, institution, or agency without the express consent of the probation unit which originated or accumulated the documents. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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SALE OF SALVAGE MOTOR VEHICLES OR PARTS TO AN UNLICENSED SALVAGE DEALER PROHIBITED. Code Section 33-6-5 Amended. No. 302 (Senate Bill No. 241). AN ACT To amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair and deceptive acts or practices, so as to provide that no insurance company, when selling salvage motor vehicles, major component parts, or parts, shall sell to a used motor vehicle parts dealer, motor vehicle dismantler, motor vehicle rebuilder, salvage pool dealer, or salvage dealer who is not licensed under Chapter 48 of Title 43; 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 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair and deceptive acts or practices, is amended by adding at the end thereof a new paragraph, to be designated paragraph (9), to read as follows: (9) No insurance company, when selling salvage motor vehicles, major component parts, or parts, shall sell to a used motor vehicle parts dealer, motor vehicle dismantler, motor vehicle rebuilder, salvage pool dealer, or salvage dealer who is not licensed under Chapter 48 of Title 43. 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 March 16, 1983.

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WORKERS'COMPENSATIONDUTY OF BOARD TO INFORM INJURED WORKERS OF RIGHTS, ETC. Code Section 34-9-81.1 Enacted. Code Title 34, Chapter 9 Amended. No. 303 (Senate Bill No. 56). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to require the board to provide injured workers with certain information concerning rights, benefits, and obligations of injured workers under the workers' compensation laws; to change the provisions relating to compensation for expenses of a deceased employee's last illness and burial expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding between Code Sections 34-9-81 and 34-9-82 a new Code section, to be designated Code Section 34-9-81.1, to read as follows: 34-9-81.1. Upon receipt of notice of injury from the employer, as provided in subsection (a) of Code Section 34-9-12, or any other indication of compensable injury, the board shall as soon as practicable, provide the injured worker with notice of his or her rights, benefits, and obligations under this chapter together with a brief explanation of the operation of such chapter. This Code Section 34-9-81.1 shall become effective January 1, 1984. Section 2 . Said chapter is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 34-9-265, relating to compensation for expenses of a deceased employee's last illness and burial expenses, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness and burial expenses not to exceed $1,500.00. If the employee leaves no dependents, this shall be the only compensation; .

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Section 3 . Said Code chapter is further amended by adding to Code Section 34-9-2 the following language at the end of subsection (a) of that Code section: ; nor to any person performing services as a licensed real estate salesperson or associate broker who has a written contract of employment providing that he or she shall perform all services as an independent contractor, so that when so amended Code Section 34-9-2 shall read as follows: (a) This chapter shall not apply to common carriers, by railroad engaged in intrastate trade or commerce, nor shall this chapter be construed to lessen the liability of such common carriers or take away or diminish any right that any employee of such common carrier or, in case of his death, the personal representative of such employee may have under the laws of this State; nor shall this chapter apply to employees whose employment is not in the usual course of trade, business, occupation or profession of the employer or not incidental thereto; nor to farm laborers or domestic servants; nor to employers of such employees; nor to any person, firm or private corporation, including any public service corporation, that has regularly in service less than three employees in the same business within this State, unless such employees and their employers voluntarily elect to be bound; nor to any person performing services as a licensed real estate salesperson or associate broker who has a written contract of employment providing that he or she shall perform all services as an independent contractor. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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FORMS OF MOTIONS FOR NEW TRIAL IN CIVIL AND CRIMINAL CASES. Code Section 5-5-42 Amended. No. 304 (Senate Bill No. 69). AN ACT To amend Code Section 5-5-42 of the Official Code of Georgia Annotated, relating to forms for motions for new trials, so as to provide a form for motion for new trials in criminal cases; to provide that such forms shall be sufficient in law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 5-5-42 of the Official Code of Georgia Annotated, relating to forms for motions for new trials, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 5-5-42 to read as follows: 5-5-42. (a) The form for motion for new trial in civil cases prescribed in subsection (b) of this Code section shall be sufficient, but any other form substantially complying therewith shall also be sufficient. (b) Form for motion for new trial in civil cases:

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(c) The form for motion for new trial in criminal cases in subsection (d) of this Code section is declared to be sufficient but any other form substantially complying therewith shall also be sufficient. (d) Form for motion for new trial in criminal cases:

Page 704

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. LAWS REGULATING TECHNICIANS WHO ASSIST VETERINARIANS REVISED. Code Title 43, Chapter 50 Amended. No. 305 (Senate Bill No. 173). AN ACT To amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinary medicine, so as to revise the laws regulating technicians who assist veterinarians; to provide for all related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinary medicine, is amended by striking Article 3, relating to registered animal technicians, and substituting in lieu thereof a new Article 3 to read as follows: ARTICLE 3 43-50-50. It is the purpose of this article to encourage more effective utilization of the skills of veterinarians by enabling them to delegate certain veterinary health care tasks to veterinary technicians where such delegation is consistent with the animal patient's health and welfare.

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43-50-51. As used in this article, the term: (1) `Veterinary technician' means an individual who has received a degree in animal technology or a comparable subject from an approved school of veterinary medicine or veterinary technology and who is employed by and under the direct supervision of a licensed veterinarian to perform the following duties: (A) Obtain and record information about animal patients; (B) Prepare animal patients, instruments, equipment, and medication for surgery; (C) Collect specimens and perform laboratory procedures; (D) Apply wound dressings; or (E) Assist a licensed veterinarian in diagnostic, medical, and surgical procedures. (2) `Registered animal technician' means any person approved to work as a registered animal technician by the State Board of Veterinary Medicine under the former laws regulating animal health technicians in the State of Georgia. (3) `Direct supervision' means instruction and directions requiring the physical presence of a licensed veterinarian on the premises. 43-50-52. (a) (1) Any person desiring to work as a veterinary technician in this state shall apply to the board for a certificate of registration as a veterinary technician and shall pass such examinations as the board requires. All such applications shall be made on forms provided by the board and shall be accompanied by a fee to be provided for by the board. (2) The application shall include evidence, satisfactory to the board, that: (A) The applicant has attained the age of 18;

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(B) The applicant is of good moral character; (C) The applicant is a graduate of an animal technology program approved by the board; and (D) The applicant meets such other qualifications or provides such other information as the board may require by rule. (3) If the board finds that the applicant possesses the proper qualifications, it shall admit the applicant to the examination. (4) 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 examination fee. (b) Until January 1, 1984, any person who has been at any time licensed as a registered animal technician and has had three years' experience of employment as a registered animal technician shall upon application be licensed as a veterinary technician without examination and without meeting the requirements of subsection (d) of this Code section. (c) Any person who immediately prior to the effective date of this Code section was currently licensed as a registered animal technician shall be entitled to be licensed as a veterinary technician and to have such license renewed without examination and without meeting any other requirements of this article. 43-50-53. (a) The board shall hold at least one examination during each year and may hold such additional examinations as are necessary. (b) After each examination, the joint-secretary shall notify each examinee of the results of his examination, and the board shall issue certificates of registration to the successful applicants. Any person failing an examination shall be admitted to any subsequent examination on payment of the examination fee. 43-50-54. (a) A registered veterinary technician shall be allowed to perform his duties only under the direct supervision of a licensed veterinarian.

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(b) Veterinary technicians registered under this article shall at all times notify the joint-secretary of the name and location of the veterinarian under whose supervision such veterinary technician is working. (c) A veterinary technician may not be utilized in any manner which would be in violation of Article 2 of this chapter. (d) A veterinary technician shall not be utilized to perform the duties of a pharmacist licensed under Part 3 of Article 2 of Chapter 4 of Title 26. 43-50-55. (a) Any veterinarian, animal clinic, or animal hospital using registered veterinary technicians shall post a notice to that effect in a prominent place. (b) A veterinary technician must clearly identify himself as such in order to ensure that he is not mistaken by the public as a licensed veterinarian. This may be accomplished, for example, by the wearing of an appropriate name tag. Any time the veterinary technician's name appears in a professional setting, his status must be shown as `veterinary technician.' (c) No veterinarian shall have more than two veterinary technicians in his employment at any one time. 43-50-56. A veterinarian who applies for or utilizes a veterinary technician shall be responsible for any violation of any limitations which are placed on the duties of a veterinary technician. 43-50-57. (a) The approval of a veterinarian's utilization of a veterinary technician may be terminated or suspended and the registration certificate revoked or suspended by the board when, after due notice and a hearing, in accordance with this Code section, it shall find any of the following: (1) That the technician is incompetent or has committed unethical or immoral acts, including, but not limited to, holding himself out or permitting another to represent him as a licensed veterinarian; (2) That the technician has performed veterinary medical tasks other than at the direction of the veterinarian approved by the board to utilize the veterinary technician's services;

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(3) That the technician has performed duties not authorized by the employing veterinarian; (4) That the technician has habitually used intoxicants or drugs to such an extent that he is unable safely to perform as a veterinary technician; or (5) That the technician has been arrested and indicted or convicted in any court, state or federal, of any felony or other criminal offense involving moral turpitude. (b) Before termination or suspension of approval or registration granted by the board to a veterinary technician, the board shall give to the veterinary technician timely and reasonable written notice indicating the general nature of the charge, accusation, or complaint preferred against him, which notice shall state that the veterinary technician will be given an opportunity to controvert such charges or complaints at a public hearing before the board. Following such hearing, the board shall determine, on the basis of its regulations, whether the approval or registration of the veterinary technician shall be terminated or suspended. (c) In hearings held pursuant to subsection (b) of this Code section, the board shall apply the rules of evidence as prescribed in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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THE USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE DEALERS REGISTRATION ACT AMENDED. Code Title 43, Chapter 48 Amended. No. 306 (Senate Bill No. 215). AN ACT To amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act, so as to change the definition of certain terms; to change the composition of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; to change the provisions relating to applications for license as a dealer; to change the provisions relating to investigation of applicants; to change the provisions relating to maintenance of records by licensees; to change the termination date of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers and the date of repeal of laws relating to such board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act, is amended by striking in its entirety Code Section 43-48-2, relating to definitions, and inserting in lieu thereof a new Code Section 43-48-2 to read as follows: 43-48-2. As used in this chapter, the term: (1) `Board' means the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers. (2) `Dealer' means any person, partnership, firm, or corporation buying, selling, or using motor vehicle parts, either as a used motor vehicle parts dealer, a motor vehicle dismantler, a motor vehicle rebuilder, a salvage pool dealer, or a salvage dealer.

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(3) `Dismantler' means any person, partnership, firm, or corporation engaged in the business of acquiring wrecked, abandoned, or reparable motor vehicles and selling either the usable parts, the motor vehicle as a unit, or the hulk of the motor vehicle after the usable parts have been removed. For the purposes of this chapter, a person, partnership, firm, or corporation shall be presumed to be engaged in the business of auto dismantling if he or it possesses ten or more inoperative motor vehicles for more than 45 days unless such vehicles are scrap vehicles being held by a scrap metal processor for recycling scrap metal, vehicles being held by a repair business awaiting repairs, or vehicles being held for other reasons as may be prescribed by the board. (4) `Established place of business' means a salesroom or sales office in a building or an open lot at which a business of buying, bartering, trading, offering, displaying, selling, dismantling, or rebuilding wrecked or used motor vehicles or parts is carried on or the place at which books and records required for the conduct of such business are kept. (5) `Licensee' means any person who is required to be licensed or who is actually licensed under this chapter. (6) `Major component part' means one of the following subassemblies of a motor vehicle: (A) Front clip assembly (fenders, grille, and hood); (B) Rear clip assembly (quarter panels, floor panel assembly); (C) Engine and transmission; (D) Top assembly, with the exception of soft tops; (E) Frame or frame section; or (F) Complete side (fenders, door, and quarter panel). (7) `Motor vehicle' means every vehicle which is self-propelled except trackless trolleys (which are classified as streetcars), motorcycles, motor-driven cycles, or go-carts.

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(8) `Part' means any used motor vehicle part that has been installed as standard or optional equipment on a motor vehicle, has been removed from the motor vehicle on which it was originally attached or affixed, and is the subject of sale or resale as a part and not as scrap. (9) `Person' means any individual, copartnership, firm, association, corporation, or combination of individuals of whatever form or character. (10) `Rebuilder' means any person, partnership, firm, or corporation engaged in the business of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles. (11) `Salvage dealer' means any person, firm, or corporation who purchases a salvage vehicle or parts of a salvage vehicle for purposes of resale as parts only or as salvage. (12) `Salvage pool' or `salvage disposal sale' means a sale at auction or by private bid of wrecked or reparable motor vehicles, either at wholesale or retail, by insurance companies, underwriters, or dealers. (13) `Salvage vehicle' means any vehicle which either: (A) Has been damaged, crushed, or otherwise reduced to such a state that its restoration would require the replacement of two or more major component parts; (B) Has been acquired by an insurance company as a result of the vehicle's 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, excluding recovered total theft vehicles which do not require the replacement of two or more major component parts for restoration; or (C) Is an imported vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title.

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(14) `Scrap vehicle' means any vehicle which has been wrecked, destroyed, or damaged to the extent that it cannot be economically repaired, rebuilt, or made operable or roadworthy. (15) `Used motor vehicle' or `used car' means any motor vehicle, as defined in this Code section, which has been the subject of a retail sale to a consumer. (16) `Vehicle' means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary wheels or tracks or overhead trolley wires. Section 2 . Said chapter is further amended by striking in its entirety Code Section 43-48-3, relating to the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, and inserting in lieu thereof a new Code Section 43-48-3 to read as follows: 43-48-3. (a) There is created a State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers which shall be composed of the director of the Georgia Bureau of Investigation or his official designee, the director of the Motor Vehicles Division of the Department of Revenue or his official designee, and ten members to be appointed by the Governor. The original appointments shall be made as follows: one member shall be appointed for a term of four years, three members shall be appointed for terms of three years each, three members shall be appointed for terms of two years each, and three members shall be appointed for terms of one year each. Such members shall serve until their successors are appointed and qualified. Thereafter, all appointees shall be for a term of four years. Such terms shall be staggered so that new members of the board will be appointed each year. (b) All members shall be residents of this state. Not less than one nor more than two members shall be appointed from each of the following businesses: salvage dealers, used motor vehicle dismantlers, used motor vehicle rebuilders, and motor vehicle insurers. At least two members shall not be associated with any of these businesses. Section 3 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-48-8, relating to applications for license as a dealer, and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) Each such application shall be made upon the form prescribed by the board and shall contain the name and address of the applicant, or, when the applicant is a partnership, the name and address of each partner, or, when the applicant is a corporation, the names and addresses of the principal officers of the corporation and the state in which incorporated. Each such application shall also contain a designation of an established place or places of business where the business is to be conducted, a description of the nature of such business, and such other information as may be required by the board. Each such application shall be verified by the oath or affirmation of the applicant if an individual or, in the event an applicant is a partnership or corporation, then by a partner or officer thereof. Each such application for a license shall show that the dealer maintains ordinary automobile public liability and property damage insurance coverage with liability limits of not less than $50,000.00 per person and $100,000.00 per accident; personal insurance liability coverage; and $25,000.00 property damage liability coverage, unless the applicant qualifies under subsection (e) of this Code section. Section 4 . Said chapter is further amended by striking in its entirety paragraph (5) of subsection (d) of Code Section 43-48-9, relating to investigation of applicants by the board, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) (A) Has been convicted in the courts of this state or of the United States or in any other state, territory, or country of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude. As used in this paragraph, the term `felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere. For the purposes of this paragraph, a `conviction' shall be deemed to include a finding or verdict of guilty, regardless of whether an appeal of the conviction has been sought; (B) Has been arrested, charged, and sentenced for the commission of a felony, any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpitude. Section 5 . Said chapter is further amended by striking in its entirety Code Section 43-48-13, relating to maintenance of records by licensees, and inserting in lieu thereof a new Code Section 43-48-13 to read as follows:

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43-48-13. (a) Every licensee shall maintain for three years a record of: (1) every vehicle, vehicle body, chassis, or major component part of or for a vehicle received or acquired by him; its description and any identifying numbers; the date of its receipt or acquisition; and the full name, address, and driver's license number or social security number of the person from whom received or acquired; provided, however, that, in the event such purchase or acquisition is from a used parts dealer, used motor vehicle dismantler, salvage dealer, salvage pool dealer, or established place of business, the name and address of the corporation or company shall be sufficient, provided the seller is registered under this chapter; (2) Every vehicle, vehicle body, chassis, or major component part disposed of by him; its description and any identifying numbers; the date of its receipt or acquisition; and the full name, address, and driver's license number or social security number of the person to whom disposed; provided, however, that, in the event such disposal is to a used parts dealer, used motor vehicle dismantler, salvage dealer, salvage pool dealer, or established place of business, the name and address of the corporation or company shall be sufficient, provided the purchaser or acquirer is registered under this chapter; and (3) Every vehicle wrecked, dismantled, or crushed by him and the date of its wrecking or dismantling. (b) The possession of motor vehicles or parts covered by this chapter shall be prima-facie evidence that they were purchased for the purpose of resale. Section 6 . Said chapter is further amended by adding between Code Sections 43-48-17 and 43-48-18 a new Code section, to be designated Code Section 43-48-17.1, to read as follows: 43-48-17.1. Any salvage dealer from another state who wishes to purchase salvage motor vehicles, major component parts, or parts may, upon presentation of another state, county, or municipal license, be issued at the discretion of the board an out-of-state buyer's card, provided that the dealer meets all other requirements as the board may establish by rule. All persons licensed under this Code section, when selling to out-of-state buyers, may sell salvage motor vehicles,

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major component parts, or parts only to those out-of-state buyers who hold an out-of-state buyer's card issued by the board. Section 7 . Said chapter is further amended by striking in its entirety Code Section 43-48-21, relating to the termination date of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, and inserting in lieu thereof a new Code Section 43-48-21 to read as follows: 43-48-21. 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 Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers shall be terminated on July 1, 1989, 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 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. FOR PURPOSES OF AD VALOREM TAXATION FOREIGN MERCHANDISE IN TRANSIT REDEFINED. Code Title 48, Chapter 5 Amended. No. 307 (Senate Bill No. 196). AN ACT To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions pertaining to ad

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valorem taxation of property, so as to redefine the term foreign merchandise in transit; to provide that no situs status of foreign merchandise in transit shall apply in political subdivisions of this state in which the port of original entry or port of export of such merchandise is located; to provide for other matters relative to the foregoing; 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 general provisions pertaining to ad valorem taxation of property, is amended by striking paragraph (2) of Code Section 48-5-2, relating to certain definitions pertaining to the ad valorem taxation of property, which reads as follows: (2) `Foreign merchandise in transit' means personal property of any description which originates outside of the customs territory of the United States and is imported into the United States by waterborne commerce through any port located in this state and on which United States customs duties are paid at or through any customs district or port located in this state and: (A) Which is moving in foreign or interstate commerce through or over the territory of this state; or (B) Which was consigned to a public or private warehouse within this state from outside the customs territory of the United States for storage in transit to a final destination., in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) `Foreign merchandise in transit' means personal property of any description which has been or will be moved by waterborne commerce through any port located in this state and: (A) Which has entered the export stream, although temporarily stored or warehoused in the county where the port of export is located; or

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(B) Which was shipped from a point of origin located outside the customs territory of the United States and on which United States customs duties are paid at or through any customs district or port located in this state, although stored or warehoused in the county where the port of entry is located while in transit to a final destination. Section 2 . Said article is further amended by striking Code Section 48-5-5, relating to foreign merchandise in transit not acquiring situs for ad valorem taxation by political subdivisions, in its entirety and substituting in lieu thereof a new Code Section 48-5-5 to read as follows: 48-5-5. Foreign merchandise in transit shall acquire no situs so as to become subject to ad valorem taxation by political subdivisions of this state in which the port of original entry or the port of export of such merchandise is located. Such property shall not acquire situs by virtue of the fact that while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled, or repackaged. The grant of `no situs' status shall be liberally construed to effect the purposes of this Code section. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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SALARIES OF CERTAIN PUBLIC OFFICIALS, ETC. Code Section 45-7-4 Amended. Code Section 45-10-42 Enacted. No. 308 (Senate Bill No. 113). AN ACT To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for the method of fixing the compensation of certain public officials; to authorize certain public officials and employees, under certain circumstances and procedures, to engage in certain business transactions with the state and to receive compensation therefor; to provide for such circumstances and procedures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking paragraphs (8), (10), (16), and (17) of subsection (a) of Code Section 45-7-4, relating to annual salaries of certain state officials, in their entirety and inserting in lieu thereof the following: (8) Commissioner of offender rehabilitation 49,900.00 (10) Each member of the Board of Pardons and Paroles 46,900.00 (16) Commissioner of banking and finance 49,900.00 (17) Commissioner of administrative services 49,900.00 Section 2 . Said title is further amended by adding at the end of Part 2 of Article 2 of Chapter 10 a new Code Section 45-10-42 to read as follows:

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45-10-42. Notwithstanding any other provision of Part 1 of this article or any other provision of this Code, public officers and employees who are reporters for the State Board of Workers' Compensation may, for themselves or on behalf of any business entity, when providing transcripts of records to parties under subsection (g) of Code Section 34-9-102, sell such transcripts to any agency of the state and receive compensation therefor. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. INSTITUTIONAL LICENSES TO PRACTICE MEDICINERENEWAL IN CERTAIN CASES. Code Section 43-34-33 Amended. No. 309 (Senate Bill No. 102). AN ACT To amend Code Section 43-34-33 of the Official Code of Georgia Annotated, relating to institutional licenses to practice medicine, so as to prohibit the further issuance of institutional licenses to practice medicine but to authorize the renewal of certain of such licenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 43-34-33 of the Official Code of Georgia Annotated, relating to institutional licenses to practice medicine, is amended by adding at the end thereof a new subsection (f) to read as follows:

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(f) On and after July 1, 1983, no institutional license may be granted to any person who previously had not been granted such a license. Any person first granted an institutional license before July 1, 1980, who holds an institutional license on July 1, 1983, may continue to renew that license biennially under the conditions otherwise specified in this Code section. Any person first granted an institutional license on or after July 1, 1980, who holds an institutional license on July 1, 1983, may continue to renew that license biennially under the conditions otherwise specified in this Code section, but these licenses shall expire July 1, 1985, and may not thereafter be renewed. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. CRIME OF SEXUAL ASSAULT DEFINED. Code Section 16-6-5.1 Enacted. No. 310 (Senate Bill No. 40). AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to define the crime of sexual assault; to define other terms; to provide penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by adding between Code Sections 16-6-5 and 16-6-6 a new Code section, to be designated Code Section 16-6-5.1, to read as follows:

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16-6-5.1. (a) As used in this Code section, the term: (1) `Actor' means a person accused of sexual assault. (2) `Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person. (3) `Sexual contact' means any contact for the purpose of sexual gratification of the actor with the intimate parts of a person not married to the actor. (b) A person commits sexual assault when he engages in sexual contact with another person who is in the custody of law or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than three years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. LEGISLATIVE SERVICES COMMITTEE CREATED. Code Section 28-4-1 Amended. No. 311 (Senate Bill No. 30). AN ACT To amend Code Section 28-4-1 of the Official Code of Georgia Annotated, relating to the Legislative Services Committee, so as to change a committee name; 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 28-4-1 of the Official Code of Georgia Annotated, relating to the Legislative Services Committee, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is created the Legislative Services Committee, hereinafter called the committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the chairman of the Appropriations Committee of the Senate, the chairman of the Appropriations Committee of the House of Representatives, the chairman of the Judiciary Committee of the Senate, the chairman of the Judiciary Committee of the House of Representatives, the chairman of the Banking and Finance Committee of the Senate, the chairman of the Ways and Means Committee of the House of Representatives, the Clerk of the House of Representatives, and the Secretary of the Senate; provided, however, that the President of the Senate shall be allowed to designate in writing that the President Pro Tempore of the Senate shall serve in place of the President of the Senate with all the rights, privileges, and duties of the President of the Senate and shall so serve until the appointment is withdrawn in writing by the President of the Senate or until the end of the term of the President of the Senate. The Speaker of the House of Representatives shall be chairman of the committee, and the Secretary of the Senate shall be secretary of the committee. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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ISSUANCE OF WRITS OF POSSESSION TO OWNERS OF RENTED OR LEASED PERSONAL PROPERTY. Code Section 44-14-230 Amended. No. 312 (House Bill No. 605). AN ACT To amend Subpart 1 of Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to writs of possession for and foreclosure upon personal property, so as to provide that a writ of possession may be granted to an owner of rented or leased personal property as authorized by the terms of a consumer rental transaction; 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 . Subpart 1 of Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to writs of possession for and foreclosure upon personal property, is amended by striking Code Section 44-14-230, relating to foreclosure upon personal property, and inserting in its place a new Code section to read as follows: 44-14-230. (a) Any person holding a security interest on personal property under a transaction governed by this part or by Title 11, the `Uniform Commercial Code,' and wishing to foreclose the security interest shall be authorized to foreclose the security interest and shall be entitled to an execution directed to all and singular the sheriffs, the marshals, or their lawful deputies, which execution shall command the sale of the secured property to satisfy the amount due from the debtor, together with the costs of the proceedings to foreclose the security interest in accordance with the procedure specified in this part. (b) (1) As used in this subpart, the term `consumer rental transaction' means the lease or rental of goods or personal property primarily for personal, family, or household purposes.

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(2) Any owner of personal property leased or rented in a consumer rental transaction who wishes to regain possession of such property as authorized by the terms of the transaction may obtain a writ of possession under this subpart in the same manner as is authorized for a holder of a security interest in personal property. (3) Solely for the purpose of applying the procedures specified by this part to consumer rental transactions and not for any other purposes, the owner of the property shall be considered to be a secured party and the rented or leased property shall be considered to be secured property. Proceedings to regain property under a consumer rental transaction shall be as provided in this subpart, except that after a writ of possession is granted the rented or leased property shall be delivered to the owner and shall not be levied upon. 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 repealed. Approved March 16, 1983. REAL ESTATE TRANSFER TAXEFFECT OF FILING INSTRUMENT. Code Section 48-6-4 Amended. No. 313 (House Bill No. 2). AN ACT To amend Code Section 48-6-4 of the Official Code of Georgia Annotated, relating to real estate transfer tax, so as to provide that a

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filed or recorded instrument shall constitute legal notice if the tax has not been paid; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 48-6-4 of the Official Code of Georgia Annotated, relating to real estate transfer tax, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) No deed, instrument, or other writing described in Code Section 48-6-1 shall be filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this state or of any county until the tax imposed by this article has been paid; provided, however, that any such deed, instrument, or other writing filed or recorded which would otherwise constitute constructive notice shall constitute such notice whether or not such tax was in fact paid. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. LIABILITY INSURANCE REQUIRED FOR MOTORCYCLES. Code Section 33-34-14 Enacted. No. 314 (House Bill No. 93). 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 require liability insurance providing certain coverages for motorcycles;

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to define a certain term; to provide a penalty; 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 adding after Code Section 33-34-13, relating to the adoption of certain provisions by municipalities, a new Code section, to be designated Code Section 33-34-14, to read as follows: 33-34-14. (a) For the purposes of this Code section, `motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a moped. (b) Except as provided in subsection (c) of this Code section, the provisions of this chapter shall not apply to the operation of motorcycles. (c) No owner of a motorcycle or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. (d) Any person who violates this Code section shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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TIME LIMIT FOR RELEASE OF DEAD BODY AFTER POST MORTEM EXAMINATION. Code Section 45-16-25.1 Enacted. No. 315 (House Bill No. 118). AN ACT To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, the Georgia Post-mortem Examination Act, so as to require the release of certain dead bodies within a certain time limit in the absence of certain findings; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, the Georgia Post-mortem Examination Act, is amended by adding following Code Section 45-16-25 a new Code Section 45-16-25.1 to read as follows: 45-16-25.1. A dead body, other than skeletal remains, taken into custody under this article shall be released to the next of kin of the deceased, or to the agent of the next of kin, no later than 24 hours after the demand for release by that next of kin, or agent thereof, unless by that time the peace officer, medical examiner, or coroner has made a written finding that foul play may have been involved in the death of the deceased. 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 repealed. Approved March 16, 1983.

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FEES CHARGED BY INSURANCE COMMISSIONER CHANGED. Code Title 33, Chapter 8 Amended. No. 316 (House Bill No. 286). AN ACT To amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes, so as to provide for an increase in fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes, is amended by striking Code Section 33-8-1, relating to fees and charges generally, in its entirety and inserting in lieu thereof a new Code Section 33-8-1 to read as follows: 33-8-1. The Commissioner shall collect in advance, and persons so served shall pay in advance to the Commissioner, fees, licenses, and miscellaneous charges as follows: (1) Certificate of authority: (A) Filing application for original certificate of authority, including the filing with the Commissioner of all documents incidental thereto $ 25.00 (B) Issuance of original certificate of authority 20.00 (C) Reinstatement fee (not applicable to annual renewals in ordinary course) 50.00 (2) Charter documents: (A) For filing with the Commissioner of other charter documents not filed in connection with application for certificate of authority 10.00 (B) Filing with the Commissioner amendment to charter documents or to by laws 5.00 (3) License for the following: property, casualty, surety, life, accident, and sickness agents for any one class or combination of all classes 15.00 (4) License for the following: solicitors, brokers, counselors, and adjusters 15.00 (5) Examination for the following: property, casualty, surety, and allied lines for any one class or combination of all classes 15.00 (6) Examination for the following: life, accident, and sickness for any one class or combination of all classes 15.00 (7) Examination for the following: solicitors, brokers, counselors, and adjusters 15.00 (8) Reexamination of the above categories, each 15.00 (9) Each vending machine licensed each year, under Code Section 33-23-54 5.00 (10) Surplus line broker, annual license fee as provided in Code Section 33-5-22 300.00 (11) Agent's certificate of authority, annual fee as provided for in Code Sections 33-23-15 and 33-23-69 5.00 Section 2 . Said chapter is further amended by striking Code Section 33-8-3, relating to license fees of insurance companies generally, in its entirety and inserting in lieu thereof a new Code Section 33-8-3 to read as follows: 33-8-3. (a) Each and every insurance company, domestic, foreign, or alien, carrying on an insurance business in Georgia shall pay to the Commissioner, annually in advance, on or before July 1, a license fee in the sum of $400.00, which payment shall be in lieu of all other license fees of said companies. Foreign companies entering the state and domestic companies beginning business at any time during the license year as fixed by this Code section shall pay said license fee in full for the remaining portion of that license year, provided local fire insurance companies known as Farmers' Mutual Fire Insurance Companies as defined in Chapter 16 of this title shall pay an annual fee of $25.00 and Fraternal Benefit Societies shall pay the fees as provided for in Chapter 15 of this title. (b) The license fees provided for in Code Section 33-8-1 are expressly imposed on and shall be the obligation of the licensees. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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VITAL RECORDSDELAYED CERTIFICATES OF BIRTH, ETC. Code Title 31, Chapter 10 Amended. No. 317 (House Bill No. 435). AN ACT To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to delayed registration of birth; to change the provisions relating to permits for disposition; 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 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking in its entirety Code Section 31-10-11, relating to delayed registration of birth, and inserting in lieu thereof a new Code Section 31-10-11 to read as follows: 31-10-11. (a) When a certificate of birth for a person born in this state has not been filed on or before June 30 of the year following the actual year of birth, 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 after June 30 of the year following the date of birth shall be made on forms prescribed 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

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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. Section 2 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 31-10-20, relating to permits for disposition, disinterment, and reinterment, and inserting in lieu thereof a new subsection (b) to read as follows: (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 cremation or removal from the state of the body or fetus and within 72 hours after death. A disposition permit may be required within the state by local authorities. 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 16, 1983.

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ARCHITECTSCERTAIN PROVISIONS RELATING TO EXAMINATIONS DELETED. Code Section 43-4-11 Amended. No. 318 (House Bill No. 439). AN ACT To amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualification of applicants for examination or certificate of registration for persons engaged in the occupation of architecture, so as to delete certain provisions relating to examinations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualification of applicants for examination or certificate of registration for persons engaged in the occupation of architecture, is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) A minimum of ten years' practical experience, including academic training, following completion of high school or the equivalent thereof, as the board, by rules and regulations uniformly applied, shall deem appropriate. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983.

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MOTOR VEHICLE SAFETYINSPECTION OF VEHICLES OF COMMON, CONTRACT, AND PRIVATE CARRIERS UPON REQUEST, ETC. Code Section 46-1-1 Amended. Code Title 46, Chapter 7 Enacted. No. 319 (House Bill No. 477). AN ACT To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to define the term private carrier; to provide for motor vehicle safety inspections upon request of certain motor common carriers or motor contract carriers operating in the state; to provide for motor vehicle safety inspections upon request of private carriers domiciled and operating in the state; to provide procedures; to provide for fees; to provide for decals; to provide for decals to be valid for a certain period of time; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking in their entirety paragraphs (11), (12), and (13) of Code Section 46-1-1, relating to definitions, and inserting in lieu thereof new paragraphs (11), (12), (13), and (14) to read as follows: (11) `Private carrier' means every person except motor common carriers or motor contract carriers owning, controlling, operating, or managing any motor propelled vehicle, and the lessees or trustees thereof or receivers appointed by any court whatsoever, used in the business of transporting persons or property in private transportation not for hire over any public highway in this state. (12) `Railroad corporation' or `railroad company' means all corporations, companies, or individuals owning or operating any railroad in this state. This title shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that engage in business as common carriers upon any of the

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lines of railroad in this state, as well as to railroad corporations and railroad companies as defined in this Code section. (13) `Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto. (14) `Utility' means any person who is subject in any way to the lawful jurisdiction of the commission. Section 2 . Said title is further amended by adding at the end of Chapter 7 a new article, to be designated Article 4, to read as follows: ARTICLE 4 46-7-100. (a) Any motor common carrier or motor contract carrier operating in intrastate or interstate commerce in this state under authority granted by the commission or the Interstate Commerce Commission may obtain a motor vehicle safety inspection of any of its vehicles domiciled in Georgia upon written request to the commission and upon payment of a $5.00 inspection fee per vehicle for which a safety inspection is performed. (b) The commission will arrange for inspection of any vehicle as expeditiously as possible. Inspections will be performed at a place or places and at times mutually agreed upon by the motor common carrier or motor contract carrier and the commission. (c) Upon completion of the vehicle safety inspection by the commission personnel or, in the case of deficiencies, upon completion of repairs of all deficiencies found during the inspection and noted on the inspection report, the commission shall issue to the motor common carrier or motor contract carrier a decal certifying that the vehicle was inspected by the commission and meets the motor carrier vehicle safety regulations of the commission. (d) Each decal issued shall be valid for 12 months and shall contain an expiration date. 46-7-101. (a) Any private carrier operating in this state may obtain a motor vehicle safety inspection of any of its vehicles domiciled in Georgia upon written request to the commission and upon payment of a $5.00 inspection fee per vehicle for which a safety inspection is performed.

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(b) The commission will arrange for inspection of any vehicle as expeditiously as possible. Inspections will be performed at a place or places and at times mutually agreed upon by the private carrier and the commission. (c) Upon completion of the vehicle safety inspection by the commission personnel or, in the case of deficiencies, upon completion of repairs of all deficiencies found during the inspection and noted on the inspection report, the commission shall issue to the private carrier a decal certifying that the vehicle was inspected by the commission and meets the same vehicle safety regulations required by the commission for motor common carriers or motor contract carriers. (d) Each decal issued shall be valid for 12 months and shall contain an expiration date. 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 16, 1983. MILK AND MILK PRODUCTSAUTHORITY OF COMMISSIONER OF AGRICULTURE TO MAKE RULES AMENDED. Code Title 26, Chapter 2 Amended. No. 320 (Senate Bill No. 136). AN ACT To amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to

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authorize the Commissioner of Agriculture by rule or regulation to adopt future changes in and supplements to the Grade A Pasteurized Milk Ordinance as a part of the standards and requirements for this state; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, is amended by replacing Code Section 26-2-233 with a new Code section to read as follows: 26-2-233. (a) The Commissioner shall have the power to adopt, amend, and repeal rules and regulations to implement and enforce this article; provided, however, that all rules and regulations shall be of uniform application; and provided, further, that all rules and regulations shall be adopted, amended, or repealed in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The rules and regulations shall include, but not be limited to, the following: (1) Rules and regulations to provide for the labeling of milk and milk products in such manner so as to indicate that the milk or milk product complies with this article and the rules and regulations promulgated hereunder; (2) Rules and regulations to prescribe the specifications of all glassware, including, but not limited to, bottles, pipettes, test tubes, and burrettes, and such other instruments as may be used in the testing of milk, cream, or other dairy products; and (3) Rules and regulations to prescribe the specifications for the installation and operation of recording thermometers on bulk farm tanks. (b) The Commissioner may include as a part of such rules and regulations the adoption of supplements to and changes in the `Grade A Pasteurized Milk Ordinance' referred to in Code Section 26-2-238. Section 2 . Said article is further amended by replacing Code Section 26-2-238 with a new Code section to read as follows:

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26-2-238. The standards and requirements of the `Grade A Pasteurized Milk Ordinance' 1978 Recommendations of the United States Public Health ServiceFood and Drug Administration and supplements thereto, except as otherwise provided in this article, are expressly adopted as the standards and requirements for this state. Future changes in and supplements to said milk ordinance may be adopted by the Commissioner as a part of the standards and requirements for this state. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. STRUCTURAL PEST CONTROL LAW AMENDED. Code Title 43, Chapter 45 Amended. No. 321 (Senate Bill No. 137). AN ACT To amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to the business of structural pest control, so as to provide that the Commissioner of Agriculture shall serve as secretary of the State Structural Pest Control Commission; to provide for powers and duties of the commission and the secretary; to provide for automatic revocation of the certification of certified pest control operators who fail to renew; to change the termination date of the State Structural Pest Control Commission; to provide for all related matters; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to the business of structural pest control, is amended by adding to Code Section 43-45-2, relating to definitions, a new paragraph (16.5) to read as follows: (16.5) `Secretary' means the Commissioner of Agriculture in his capacity as secretary of the State Structural Pest Control Commission. Section 2 . Said chapter is further amended by striking Code Section 43-45-3, relating to the State Structural Pest Control Commission, and inserting in its place a new Code section to read as follows: 43-45-3. There is created a State Structural Pest Control Commission to consist of seven members, three of whom shall be residents of this state who are engaged in the pest control industry and who are certified operators under this chapter. Such members shall be appointed by the Commissioner. One member shall be the head of the Department of Entomology of the University of Georgia, ex officio, or some qualified person of that department designated by him. One member shall be the director of the Division of Entomology and Pesticides of the Department of Agriculture of this state, ex officio, or some qualified person of that department designated by him; one member shall be the commissioner of human resources, ex officio, or some qualified person designated by him; and one member shall have no connection whatsoever with the pest control industry but shall have a recognized interest in consumer affairs and in consumer protection concerns. The Commissioner shall fill any vacancies that may occur in the appointive membership of the commission. No business entity shall be represented by more than one member on the commission at any time. Section 3 . Said chapter is further amended by striking Code Section 43-45-7, relating to the secretary of the commission, and inserting in its place a new Code Section to read as follows: 43-45-7. The Commissioner shall be secretary of the commission. The secretary shall issue such licenses and certificates and perform such other duties as the commission shall direct in order to carry out this chapter.

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Section 4 . Said chapter is further amended by striking paragraphs (2) and (3) of Code Section 43-45-8, relating to powers and duties of the commission, and inserting in their place new paragraphs to read as follows: (2) Provide for an oral and written examination for applicants. The frequency of such examination shall be at the discretion of the commission, based upon the number of applications received, but not less than two such examinations shall be held annually. The commission shall give one examination per phase of structural pest control for one fee if the applicant seems to qualify. The examination fee shall be in an amount established by the commission for each applicant who makes application to take the examination to become a certified household pest control operator, wood-destroying organism control operator, or fumigator. An examination may be taken for the payment of one fee; and, in case the applicant shall not be certified, he shall have the right to take the examination again at the next scheduled examination, upon the payment of an additional fee in an amount established by the commission. In case certification is again denied, the applicant must wait a full year before reapplication is made. Thereafter, one full year must elapse before subsequent application may be made; (3) Make an annual report to the Governor of the activities, expenditures, receipts, and other matters pertinent to the operation of the commission, a copy of which shall be filed by the Commissioner and the commission;. Section 5 . Said chapter is further amended by striking Code Section 43-45-10 which reads as follows: 43-45-10. The license holder shall register with the joint-secretary the names of all employees and agents and shall pay to the commission a registration fee in an amount determined by the commission at the time each name is registered, which shall be within 30 days after employment. All registrations expire when the license expires. Each employee for whom application is made and a fee is paid shall be issued a registration certificate which shall be carried on his person at all times when performing work. The registration certificate shall be displayed upon request to the person or persons for whom such work is being performed. The licensee shall be responsible for making application for an employee's registration certificate for each

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employee and for training the serviceman in the kind of work which he shall perform. The provisions applicable to an employee's registration certificate shall also apply to all regularly employed salesmen or estimators. The licensee shall be responsible for making application for an employee's registration certificate for salesmen or estimators and for training the salesmen or estimators in the kind of work they shall perform. It shall be unlawful for a serviceman, salesman, or estimator actually to engage in the performance of work covered by this chapter without having such registration card in his possession, provided that the licensee shall have 30 days after employing a serviceman, salesman, or estimator within which to apply for an employee's registration certificate. The employee's registration certificate shall be effective only while the serviceman, salesman, or estimator shall remain in the employ of the licensee making the original application., and inserting in its place a new Code section to read as follows: 43-45-10. The license holder shall register with the secretary the names of all employees and agents within 30 days of their employment. Upon submission by the license holder of application and the appropriate fee established by the commission, registration certificates shall be issued by the secretary. Such certificates shall be carried on the person of the registered employee at all times during performance of work and shall be displayed upon request to any person for whom work is being performed. The license holder shall be responsible for training the registered employee in the work he is to perform. Employees covered by this Code section include servicemen, salesmen, estimators, and other employees. Such registration cards shall be effective only while the employee shall remain in the employment of the license holder by whom registration was obtained, and only for such time as the license of the license holder remains valid. Section 6 . Said chapter is further amended by striking subsection (a) of Code Section 43-45-12, relating to licensing sanctions, and inserting in its place a new subsection to read as follows: (a) A license, certification, or registration may be suspended, canceled, or revoked by the Commissioner, after notice and hearing, for any violation of this chapter. However, the certification of any certified operator who fails to renew as required by regulations adopted by the commission shall automatically become revoked

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through operation of law upon the date of expiration of the certification. Section 7 . Said chapter is further amended by striking Code Section 43-45-26, relating to termination, and inserting in its place a new Code section to read as follows: 43-45-26. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Structural Pest Control Commission shall be terminated on July 1, 1989, 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. Section 8 . Any funds appropriated to the Secretary of State for administration and enforcement of Chapter 45 of Title 43 of the Official Code of Georgia Annotated shall be transferred and made available to the Department of Agriculture as provided in Code Section 45-12-90 of the Official Code of Georgia Annotated. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. CONSUMER ADVISORY BOARDTERMS OF MEMBERS. Code Section 10-1-395 Amended. No. 322 (House Bill No. 140). AN ACT To amend Code Section 10-1-395 of the Official Code of Georgia Annotated, relating to the Consumer Advisory Board, so as to provide for new members of the board; to prescribe different terms of office

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for members of the board; to provide for the existing board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 10-1-395 of the Official Code of Georgia Annotated, relating to the Consumer Advisory Board, is amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 10-1-395, which reads as follows: (2) The initial terms of those other than ex officio members shall be as follows: four members shall be appointed for terms of two years; four members shall be appointed for terms of three years; seven members shall be appointed for terms of four years. Thereafter, members of the board shall serve for terms of four years. In the event of a vacancy during the term of any member, whether by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be only for the remainder of the unexpired term of such member., and inserting in lieu thereof a new paragraph (2) to read as follows: (2) (A) On and after July 1, 1983, the Consumer Advisory Board shall consist of 15 members who shall be appointed by the Governor as provided in this paragraph. The initial terms of those members other than ex officio members shall be as follows: five members shall be appointed to serve for a term ending July 1, 1984; five members shall be appointed to serve for a term ending July 1, 1985; and five members shall be appointed for a term ending July 1, 1986. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of three years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remainder of the unexpired term of such member. (B) The first members appointed under this paragraph shall be appointed for terms which begin July 1, 1983. The members of the Consumer Advisory Board serving on April 1, 1983, shall remain in office until June 30, 1983, and until their successors are appointed.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. ALCOHOL AND DRUG COURSE TO BE OFFERED IN PUBLIC SCHOOLS AND ELSEWHERE, ETC. Code Sections 20-2-285.1 and 43-13-6.1 Enacted. Code Title 40, Chapter 5 Amended. No. 323 (House Bill No. 391). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for the State Board of Education and the commissioner of public safety to establish jointly an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle; to provide for qualified instructors to teach the course; to provide for the alcohol and drug course to be offered to persons who are over 13 years of age and who are enrolled in public schools; to make the alcohol and drug course and instructors available to private schools; to provide for the alcohol and drug course to be available at other locations and times; to provide for the issuance of certificates to persons who complete the course; to provide for rules or regulations; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to require persons under 18 years of age to complete an alcohol and drug course satisfactorily in order to obtain a driver's license after a certain date; to provide an exception; to provide that the commissioner of

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public safety may authorize driver improvement clinics to offer the alcohol and drug course under certain conditions; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, so as to provide that the commissioner of public safety may authorize driver training schools to offer the alcohol and drug course under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding between Code Sections 20-2-285 and 20-2-286 a new Code section, to be designated Code Section 20-2-285.1, to read as follows: 20-2-285.1. (a) The State Board of Education and the commissioner of public safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The State Board of Education and the commissioner of public safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner of public safety shall make available officers or employees of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically in the public schools of this state to persons over 13 years of age in the manner prescribed by the State Board of Education. (b) All secondary schools which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in subsection (a) of this Code section. (c) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety.

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(d) Instructors shall issue a certificate of completion to each person completing the alcohol and drug course. (e) The completion of the alcohol and drug course provided in subsection (a) of this Code section shall not serve as an additional method for the restoration of the licenses of those persons whose drivers' licenses have been suspended or revoked pursuant to the laws of this state. Section 2 . Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking in its entirety subsection (a) of Code Section 40-5-22, relating to persons not eligible for drivers' licenses, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The department shall not issue any driver's license to any person who is under the age of 16 years, except that the department may, under subsection (a) of Code Section 40-5-24, issue an instruction permit permitting the operation of a Class 1 vehicle to any person who is at least 15 years of age. On and after January 1, 1985, the department shall not issue any driver's license to any person under 18 years of age unless such person presents a certificate or other evidence acceptable to the department which indicates satisfactory completion of an alcohol and drug course as prescribed in Code Section 20-2-285.1; provided, however, that a person under 18 years of age who becomes a resident of this state and who has in his immediate possession a valid license issued to him in another state or country shall not be required to take or complete the alcohol and drug course. Section 3 . Said chapter is further amended by adding between Code Sections 40-5-83 and 40-5-84 a new Code section, to be designated Code Section 40-5-83.1, to read as follows: 40-5-83.1. The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in Code Section 20-2-285.1. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. Section 4 . Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, is amended by adding

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between Code Sections 43-13-6 and 43-13-7 a new Code section, to be designated Code Section 43-13-6.1, to read as follows: 43-13-6.1. The commissioner shall be authorized to issue a special license to the instructor of any driver training school who is qualified to teach the alcohol and drug course prescribed in Code Section 20-2-285.1. A driver training school shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. PREPAID LEGAL SERVICES PLANSINSURANCE COMPANIES AUTHORIZED TO WRITE PLANS, ETC. Code Title 33, Chapter 35 Amended. No. 324 (House Bill No. 347). AN ACT To amend Chapter 35 of Title 33 of the Official Code of Georgia Annotated, relating to prepaid legal services plans, so as to authorize insurance companies authorized to transact life or accident and sickness insurance in this state to write prepaid legal services plans; to provide for purposes and findings; to change the definition of a term; to provide that life insurance companies and accident and sickness insurance companies shall be subject to the provisions of said chapter; to change the provisions relative to the investment of funds of prepaid legal services plans; 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 35 of Title 33 of the Official Code of Georgia Annotated, relating to prepaid legal services plans, is amended by striking subsection (b) of Code Section 33-35-1, relating to purposes and legislative findings, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The legislature finds that insurers authorized to transact casualty, life, or accident and sickness insurance in this state are authorized to write policies for prepaid legal services. The legislature further finds that there presently exists no specific framework within the insurance laws of this state designed to regulate prepaid legal services. Because of the interest of the state in the controlled development of new methods for providing legal services, exertion of the state's power is necessary for the protection of its citizens. Section 2 . Said chapter is further amended by striking paragraph (2) of Code Section 33-35-2, relating to definitions, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Insurer' means an insurer authorized to transact casualty, life, or accident and sickness insurance in this state or any corporation organized pursuant to Chapter 18 or 19 of this title. Section 3 . Said chapter is further amended by striking subsection (a) of Code Section 33-35-9, relating to the sale of subscription contracts for prepaid legal services, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) No subscription contracts for prepaid legal services may be sold or offered for sale in this state prior to April 1, 1976, provided that nothing contained in this Code section shall be deemed to prohibit an insurer authorized to transact casualty, life, or accident and sickness insurance in this state from selling or offering for sale in this state individually underwritten and individually issued policies of prepaid legal services insurance on policy forms which have been approved by the Commissioner pursuant to Chapter 9 of this title. Section 4 . Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 33-35-10, relating to powers of sponsors to contract for provision of legal and administrative

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services, in its entirety and inserting in lieu thereof a new paragraph (1) of subsection (a) to read as follows: (1) The sponsor of any prepaid legal services plan or authorized representative of the plan may contract with any company licensed to transact casualty, life, or accident and sickness insurance in this state or any corporation organized pursuant to Chapter 18 or 19 of this title, under which contracts the company agrees for a consideration consisting of a specified premium to assume the monetary obligations of the plan to provide or pay for the legal services covered by the subscription contracts issued under such plan upon the failure of the plan itself to meet such obligations within a specified period. The duration of the contract shall not be longer than three years and each contract shall be filed with and subject to the approval of the Commissioner for the fairness of its terms and premiums. The contracts shall be deemed approved 90 days after the date of filing with the Commissioner, unless prior to the expiration of such 90 day period the Commissioner notifies the sponsor of the prepaid legal services plan in writing of the Commissioner's disapproval. Section 5 . Said chapter is further amended by striking subsection (c) of Code Section 33-35-11, relating to the submission to the Commissioner of underwriting rules and rates, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Insurers authorized to transact casualty, life, or accident and sickness insurance in this state or any corporation organized pursuant to Chapter 18 or 19 of this title shall be required to comply with the requirements of this Code section if they sell or offer for sale policies of prepaid legal services insurance in this state or if they underwrite prepaid legal services plans of sponsors licensed to operate prepaid legal services plans in this state; provided, however, that nothing contained in this Code section shall be deemed to relieve any insurer authorized to transact casualty, life, or accident and sickness insurance in this state or any corporation organized pursuant to Chapter 18 or 19 of this title from complying with the requirements of this title and the laws of this state. Section 6 . Said chapter is further amended by striking Code Section 33-35-13, relating to the investment of funds of prepaid legal services plans, in its entirety and inserting in lieu thereof a new Code Section 33-35-13 to read as follows:

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33-35-13. A sponsor shall invest the funds of a prepaid legal services plan only in such investments as are authorized by the laws of this state for the investment of assets of insurance companies and subject to the limitations placed on the investments or in such investments as are authorized by the laws of this state for the investment of assets of corporations authorized to transact business in this state pursuant to Chapter 18 or 19 of this title as the case may be. Section 7 . Said chapter is further amended by striking Code Section 33-35-14, relating to administration of deposits of prepaid legal services plans, in its entirety and inserting in lieu thereof a new Code Section 33-35-14 to read as follows: 33-35-14. Any deposits of a sponsor of a prepaid legal services plan deposited with the Commissioner pursuant to this chapter shall be administered by the Commissioner in accordance with Chapter 12 of this title as though deposited by a domestic casualty, life, or accident and sickness insurer authorized to transact insurance in this state or as deposited by a corporation authorized to transact business in this state pursuant to Chapter 18 or 19 of this title. Section 8 . Said chapter is further amended by striking Code Section 33-35-22, relating to applicability, in its entirety and inserting in lieu thereof a new Code Section 33-35-22 to read as follows: 33-35-22. All insurers authorized to transact casualty, life, or accident and sickness insurance in this state or any corporation organized pursuant to Chapter 18 or 19 of this title which is authorized to issue policies of prepaid legal services insurance in this state shall be required to meet all the requirements of this chapter unless specifically excepted from the requirements by this chapter, provided that nothing contained in this chapter shall be deemed to relieve the obligations of an insurer authorized to transact casualty, life, or accident and sickness insurance in this state or any corporation organized pursuant to Chapter 18 or 19 of this title from complying with any other applicable requirements of this title and any other applicable laws of this state. Section 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. RATE OF INTEREST AND PENALTY ON DELINQUENT TAXES IN CERTAIN COUNTIES (175,000 - 190,000). Code Section 48-5-149 Amended. No. 332 (House Bill No. 663). AN ACT To amend Code Section 48-5-149 of the Official Code of Georgia Annotated, relating to rate of interest and penalty on delinquent taxes in certain counties, so as to change certain population brackets and the census year upon which the brackets are based; 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 48-5-149 of the Official Code of Georgia Annotated, relating to rate of interest and penalty on delinquent taxes in certain counties, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows: (a) The governing authority of each ad valorem taxing jurisdiction, other than the state, in each county having a population of not less than 175,000 nor more than 190,000 according to the United States decennial census of 1980 or any future such census may specify an annual rate of interest and the penalty to be charged upon delinquent ad valorem taxes levied by such taxing jurisdiction.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. SOUTHERN JUDICIAL CIRCUITSUPPLEMENT TO COMPENSATION OF JUDGE OF SUPERIOR COURTS. No. 356 (House Bill No. 757). AN ACT To amend an Act providing for a supplement to the compensation of a judge of the Superior Courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, so as to change the amount of such supplement paid by Brooks, Colquitt, Echols, and Lowndes counties; to provide for the proportionate share to be paid by each county in such 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 providing for a supplement to the compensation of a judge of the Superior Courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 which increases the amount of supplement paid by Brooks, Colquitt, Echols, and Lowndes counties but does not affect the supplement paid by Thomas County and which shall read as follows: Section 1. The judge of the Superior Courts of the Southern Judicial Circuit shall receive in addition to any compensation, allowances, funds, or moneys of any kind received by him from the state a

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supplement in compensation in the amount of $7,286.00 per annum, to be paid monthly from the funds of the counties comprising the Southern Judicial Circuit. The amount which shall be paid by each of said counties is as follows: Brooks County, $840.00 per annum. Colquitt County, $1,848.00 per annum. Echols County, $84.00 per annum. Lowndes County, $3,612.00 per annum. Thomas County, $902.00 per annum. 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 given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation of the judge of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes. This 12th day of January, 1983. Robert L. Patten Representative, 149th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Patten, who, on oath, deposes and says that he is Representative from the 149th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Echols County, on the following dates: January 12, 22, 29, 1983. /s/ Robert L. Patten Representative, 149th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation of the judge of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes. This 12th day of January, 1983.

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Robert L. Patten Representative, 149th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Patten, who, on oath, deposes and says that he is Representative from the 149th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following dates: January 12, 22, 29, 1983. /s/ Robert L. Patten Representative, 149th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation of the judge of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes.

Page 757

This 12th day of January, 1983. Robert L. Patten Representative, 149th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Patten, who, on oath, deposes and says that he is Representative from the 149th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Moultrie Observer which is the official organ of Colquitt County, on the following dates: January 19, 26 and February 2, 1983. /s/ Robert L. Patten Representative, 149th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1983 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation of the judge of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplement in specified amounts by the counties

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comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes. This 12th day of January, 1983. Robert L. Patten Representative, 149th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Patten, who, on oath, deposes and says that he is Representative from the 149th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official organ of Brooks County, on the following dates: January 19, 26 and February 2, 1983. /s/ Robert L. Patten Representative, 149th District Sworn to and subscribed before me, this 21st day of February, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 16, 1983.

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ALCOHOLIC BEVERAGESLICENSES FOR SALE OR STORAGE WITHIN BOUNDARIES OF COUNTY OR MUNICIPALLY OWNED OR OPERATED AIRPORTS. Code Section 3-8-1 Amended. No. 363 (House Bill No. 627). AN ACT To amend Code Section 3-8-1 of the Official Code of Georgia Annotated, relating to the regulation and taxation of the sale and storage of alcoholic beverages at airports owned and operated by counties or municipalities, so as to authorize the issuance of licenses for and the sale, storage, and distribution of alcoholic beverages within the boundaries of airports owned or operated or both by counties or municipalities that shall have lawfully authorized the sale of such beverages within all or part of such counties or municipalities; to authorize the regulation of, and exercise of, the lease powers over, the sale, the storage and distribution of such alcoholic beverages by the county or municipality owning or operating such airports; to prohibit other counties or municipalities from regulating or exercising police powers over the sale, storage, and distribution of such alcoholic beverages within such airport boundaries; to allow the county otherwise authorized by law to do so to impose and collect taxes on the sale, storage, and distribution of alcoholic beverages at such airports; 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 3-8-1 of the Official Code of Georgia Annotated, relating to the regulation and taxation of the sale and storage of alcoholic beverages at airports owned and operated by counties or municipalities, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 3-8-1 to read as follows: 3-8-1. (a) The issuance of licenses for the package sale, sale by the drink, storage, and distribution of alcoholic beverages within the boundaries of any airport owned or operated, or both, by a county or municipality may be approved by a proper resolution or ordinance of

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the county or municipal governing authority owning or operating the airport. A license for such sales, storage, and distribution of distilled spirits may be issued only by the governing authority of a municipality or county in which the sale of alcoholic beverages is lawful. (b) This Code section shall apply regardless of the location of the airport. (c) For the purposes of regulating the sale, storage, and distribution of alcoholic beverages, but not for the purposes of taxation, the airport boundaries of an airport owned or operated, or both, by a county or municipality shall be treated: (1) If the airport is owned or operated, or both, by a county, as though the airport boundaries were located entirely within the boundaries of the county which owns or operates, or owns and operates, the airport; or (2) If the airport is owned or operated, or both, by a municipality, as though the airport boundaries were located entirely within the corporate limits of that municipality and entirely within the boundaries of the county in which the greater portion of the municipality owning or operating, or owning and operating, the airport lies. (d) No county or municipality may control, license, regulate, or exercise police powers over the sale, storage, or distribution of alcoholic beverages within the boundaries of an airport owned or operated, or both, by another municipality or county which has lawfully approved the sale in any fashion or storage of any alcoholic beverages within all or part of the municipality or county. (e) The county or municipality authorized by law to impose and collect taxes on the sale, storage, and distribution of alcoholic beverages at the airport may impose and collect such taxes, unaffected by this Code section; and the county or municipality owning or operating, or both, the airport shall not impose or collect such taxes. The proceeds of the taxes which the county and the municipality are authorized by law to impose and collect on the sale, storage, and distribution of alcoholic beverages at the airport shall be equally divided between the county and the municipality.

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(f) The county or municipality which issues the license pursuant to subsection (a) of this Code section may impose, collect, and receive licensing fees generally paid in connection with the licensing of the sale, storage, and distribution of alcoholic beverages; and any county or municipality that would, apart from this Code section, otherwise license or regulate, or both, the sale, storage, and distribution of alcoholic beverages at the airport shall not impose or receive any such licensing fees unless it is the county or municipality issuing the license. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. APPALACHIAN JUDICIAL CIRCUIT CREATED. Code Title 15, Chapter 6 Amended. No. 364 (House Bill No. 185). AN ACT To create a new judicial circuit for the State of Georgia, to be known as the Appalachian Judicial Circuit, to be composed of the Counties of Fannin, Gilmer, and Pickens; to provide for a judge of the superior court and a district attorney for said circuit; to provide for their election and compensation; to provide for the transfer of proceedings to said circuit; to provide for other matters relative to the foregoing; to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide for a new judicial circuit; to provide for the judge of the superior court and the terms of court in said circuit; to provide for other matters relative

Page 762

to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . (a) Effective July 1, 1983, there is created a new judicial circuit of the superior courts of this state, to be known as the Appalachian Judicial Circuit, which circuit shall be composed of the Counties of Fannin, Gilmer, and Pickens. The offices of the judge of the superior court and district attorney of the Appalachian Judicial Circuit are created for said circuit. The initial judge and district attorney shall be appointed by the Governor for a term of office beginning on July 1, 1983, and continuing through December 31, 1984, and until a successor is elected and qualified. Successors to the initial judge and district attorney shall be elected in the general election immediately preceding the expiration of a term of office and shall be elected for terms of office of four years each and until their respective successors are duly elected and qualified. Successors to the offices of judge and district attorney shall take office on the first day of January following their election. (b) The compensation and allowances of the judge and district attorney of said circuit shall be as now or hereafter provided by law. (c) All proceedings and litigations, civil, equitable, and criminal, pending in the superior courts of Fannin, Gilmer, and Pickens counties at such time as they were a part of the Blue Ridge 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 counties shall relate to, become a part of, and be transferred to the respective superior courts of the Appalachian Judicial Circuit and its jurisdiction when said circuit comes into existence. Section 2 . Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by striking paragraph (6) of subsection (a) of Code Section 15-6-1 in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Blue Ridge Judicial Circuit, composed of the Counties of Cherokee and Forsyth; ,

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and by striking at the end of paragraph (42) of subsection (a) of Code Section 15-6-1 the symbol . and inserting the symbol ; and by adding at the end of subsection (a) of Code Section 15-6-1 a new paragraph (43) to read as follows: (43) Appalachian Judicial Circuit, composed of the Counties of Fannin, Gilmer, and Pickens. Section 3 . Said chapter is further amended by adding at the end of subsection (a) of Code Section 15-6-2 a new paragraph (43) to read as follows: (43) Appalachian Circuit..... 1 Section 4 . Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 15-6-3 in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Blue Ridge Circuit: (A) Cherokee CountySecond Monday in January, May, and September. (B) Forsyth CountyFourth Monday in March and July and second Monday in November. and by adding at the end of subsection (a) of Code Section 15-6-3 a new paragraph (43) to read as follows: (43) Appalachian Circuit : (A) Fannin CountySecond Monday in March; first Monday in June; and second Monday in November. (B) Gilmer CountySecond Monday in February; second Monday in May; and second Monday in October. (C) Pickens CountySecond Monday in January; second Monday in April; and second Monday in September. Section 5 . For the purposes of the appointment of the judge and district attorney of the Appalachian Judicial Circuit to take office on July 1, 1983, this Act shall become effective upon its approval by the

Page 764

Governor or upon its becoming law without his approval. This Act shall be effective for all purposes on July 1, 1983. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1983. THE METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 AMENDED. No. 366 (House Bill No. 340). AN ACT To amend an Act known as The Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved February 20, 1976 (Ga. L. 1976, p. 217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act approved March 30, 1977 (Ga. L. 1977, p. 1211), an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), and an Act approved April 7, 1981 (Ga. L. 1981, p. 4289), so as to permit the Authority to provide deferred compensation plans for its employees; to change and specify the procedures under which the Board of Directors of the Authority awards contracts for construction, alterations, supplies, equipment, repairs, maintenance, services, or for the purchase, sale, or lease of property; to change and specify the procedures by which the Authority will secure competitive bids for such contracts; to change the manner of publication of certain reports; to provide for public dissemination of said reports; to provide certain limitations on the use of the proceeds of certain taxes, bonds, and certificates so as to specify certain purposes and a certain order of priorities; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 765

Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as The Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved February 20, 1976 (Ga. L. 1976, p. 217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act approved March 30, 1977 (Ga. L. 1977, p. 1211), an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), and an Act approved April 7, 1981 (Ga. L. 1981, p. 4289), is amended by striking paragraph (3) of subsection (i) of Section 6 thereof and inserting in its place a new paragraph (3) to read as follows: (3) The award of any contract involving $25,000.00 or more for construction, alterations, supplies, equipment, repairs, maintenance or services other than professional services, or for the purchase, sale or lease of any property. The Board by appropriate resolution may delegate to the general manager the general or specific authority to enter into contracts involving less than $25,000.00 if such contracts are entered into in accordance with Section 14 of this Act. Section 2 . Said Act is further amended by adding immediately after subsection (r) of Section 8 a new subsection (s) to read as follows: (s) With respect to the establishment of deferred compensation plans for the benefit of its employees, all of the powers enjoyed by the state or any county, municipality, or other political subdivision pursuant to Article 2 of Chapter 18 of Title 45 of the O.C.G.A. In exercising the powers conferred by this subsection, the Authority shall not be subject to the restrictions on investments imposed by subsections 10(r) and 10(u) of this Act. Section 3 . Said Act is further amended by striking subsections (a), (b), (c), and (d) of Section 14 and inserting in their place new subsections (a), (b), (c), and (d) to read as follows: (a) Except in the acquisition of unique property which for any reason is unobtainable in the open market, and except as hereinafter otherwise provided, competitive bids shall be secured before any acquisition or disposition of properties by contract or otherwise is made by the Authority, or before any contract is awarded for construction,

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alterations, supplies, equipment, repairs or maintenance, or for rendering any services to the Authority, acquisitions shall be made from, and contracts awarded to, the lowest responsible bidder, and dispositions of property shall be made to the highest responsible bidder. No acquisition of any unique property unobtainable in the open market shall be made without the express approval of the Board where the amount involved is $25,000.00 or more. Nothing in this Section shall apply to contracts for professional services or the personal services of employees, or to contracts for services of individuals or organizations not employed full time by the Authority but who are engaged primarily in the rendition of personal services and not the sale of goods and merchandise, such as but not limited to the services of attorneys, accountants, engineers, architects, consultants and advisors. (b) All such acquisitions, dispositions and contracts involving $25,000.00 or more shall be awarded only after advertising in the local newspaper of the largest circulation in the metropolitan area at least once a week in the two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time and place designated in the invitation to bid. Invitations to bid shall be sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or, in lieu thereof, a memorandum shall be kept on file showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids. Prior to the award of a contract which will call for an anticipated aggregate payment of $150,000.00 or more to the successful bidder, the Authority shall make an accurate and brief summary thereof available to the public in its principal office and shall publish notice of its intention to award such contract to the successful bidder at least five days prior to such award in the local newspaper of the largest circulation in the metropolitan area. Such advertisement shall state the name of the successful bidder, the amount of the contract and its subject matter. This provision shall apply to contracts entered into thirty days or more after the effective date of this Act. (c) Except as otherwise provided in this Section, written price quotations from at least three qualified and responsible vendors, or vendees as the case may be, shall be obtained for all acquisitions, dispositions and contracts involving less than $25,000.00 and over $5,000.00, or, in lieu thereof, a memorandum approved by the Board shall be kept on file showing that less than three vendors or vendees,

Page 767

as the case may be, so qualified exist in the market area within which it is practicable to obtain quotations. Acquisitions shall be made from, and contracts awarded to, the lowest responsible quotation, and dispositions of property shall be made to the highest responsible quotation. (d) Acquisitions, dispositions and contracts involving $5,000.00 or less may be negotiated with or without competitive bidding under sound procurement procedures as promulgated and established by the Board. Section 4 . Said Act is further amended by striking Section 14A and inserting in its place a new Section 14A to read as follows: Section 14A. The Authority shall have available at its principal office for public inspection at all times during regular business hours of the Authority an accurate and brief summary disclosing all material terms of each contract which the Authority has entered into and the terms of which call for expenditures by the Authority of more than $150,000. The Authority shall publish in a daily newspaper of general circulation within the entire geographic area of the Authority's operations an annual report for the period ending June 30 of each year. Each annual report shall include a statement of the tax revenue and operating revenue received during the period, a statement of the total expenditures made during the period and a list of all written contracts entered into by the Authority during the period which call for the Authority to expend at any time in the aggregate more than $50,000. Such list shall also include any employment or consultant contracts (whether or not written) under which the employee or consultant is to be compensated at an annual rate of more than $20,000, including direct and indirect or deferred benefits. When a person or firm, whose salary or fee is reportable hereunder, shall have his compensation increased at any time, the amount of such increase and the total new rate shall be reported for the period in which the increase takes effect. The list of contracts shall state the anticipated amount of funds to be paid thereunder, or the formula for determining such amount. The Authority shall also publish a list of the names of each person, firm or corporation which has received from the Authority during such period in excess of $20,000, as well as the amount paid to such person, firm or corporation during such period. The published information shall also be filed as a statement, verified by the Chairman

Page 768

of the Board of the Authority and its General Manager, with members of the Metropolitan Atlanta Rapid Transit Authority Over-view Committee, the State Auditor and with governing authorities of each county and the largest municipality in the area of the Authority's operation. The annual report required by this Section shall be published and filed within forty-five days of the end of the reporting period. Section 5 . Said Act is further amended by inserting in the first sentence of subsection (k) of Section 25 after the words: as defined in subsection 25(i) of this Act, and before the following words: and to complete and operate those portions, the following words: , to pay the general administrative expenses of the Authority, to purchase, construct, replace, and maintain buses and facilities necessary for the operation, repair, and maintenance of buses, to purchase on terms advantageous to the Authority real property necessary and appropriate to construct, complete, and operate the rapid transit system described in the Rapid Transit Contract and Assistance Agreement by and between the Authority, the counties of Fulton and DeKalb and the City of Atlanta dated September 1, 1971, as now and hereafter amended,. Section 6 . The Act amending The Metropolitan Atlanta Rapid Transit Authority Act of 1965, which amendatory Act was approved April 16, 1979 (Ga. L. 1979, p. 4634), as amended by an Act approved April 7, 1981 (Ga. L. 1981, p. 4289), is amended by striking from Section 13 of said 1979 amendatory Act, as amended, the following: except that Section 10 of this Act shall become effective July 1, 1984., and inserting in its place the following: except that Section 10 of this Act shall become effective July 1, 1983.

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Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 8th day of December, 1982. John W. Greer Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 21, 28, 1982 and January 4, 1983. /s/ John W. Greer Representative, 39th District

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Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 8th day of December, 1982. /s/ John W. Greer Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 24, 31, 1982 and January 7, 1983. /s/ John W. Greer Representative, 39th District

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Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 8th day of December, 1982. John W. Greer Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur DeKalb News Era which is the official organ of DeKalb County, on the following dates: December 23, 30, 1982, and January 6, 1983. /s/ John W. Greer Representative, 39th District

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Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 8th day of December, 1982. John W. Greer Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 5, 12, 19, 1983. /s/ John W. Greer Representative, 39th District

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Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 6th day of December, 1982. John W. Greer Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1983. /s/ John W. Greer Representative, 39th District

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Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 18, 1983. TOOMBS CIRCUITTERMS OF LINCOLN COUNTY GRAND JURY CHANGED. No. 382 (House Bill No. 328). AN ACT To amend an Act creating the Toombs Circuit and providing the days for holding sessions of court in each county thereof, approved August 12, 1910 (Ga. L. 1910, p. 63), as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 921), so as to change the terms for which the grand jury of the superior court of Lincoln County may be convened; to provide 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 Toombs Circuit and providing the days for holding sessions of court in each county thereof, approved August 12, 1910 (Ga. L. 1910, p. 63), as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 921), is amended by adding following Section 6 thereof a new Section 6.1 to read as follows:

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Section 6.1. Notwithstanding Section 6 of this Act, the grand jury of the Superior Court of Lincoln County shall not be convened except for the January and July 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. 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 repealed. Approved March 18, 1983. STONE MOUNTAIN JUDICIAL CIRCUITSUPPLEMENT TO JUDGES' COMPENSATION, ETC. CHANGED. No. 386 (Senate Bill No. 221). AN ACT To amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), so as to change that supplement for certain purposes and to delete certain references to Rockdale County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), is amended by striking Section 1, which reads as follows:

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Section 1. In addition to the compensation, salary, expenses and allowances presently being received by the judges of the superior court of the Stone Mountain Judicial Circuit from the State of Georgia, or any other source, the judges of the superior court of said circuit shall receive a supplement to such compensation from the funds of DeKalb and Rockdale Counties in the amount of $6,000.00 per annum for each such judge. Said supplementary salary shall be paid in equal monthly installments. The division of payment among the two counties shall be pro rata based upon their respective population as shown in the 1970 United States Decennial Census or any future such census., and inserting in its place a new Section 1 to read as follows: Section 1. In addition to the compensation, salary, expenses, and allowances presently being received by the judges of the superior court of the Stone Mountain Judicial Circuit from the State of Georgia, or any other source, the judges of the superior court of said circuit shall receive a supplement to such compensation from the funds of DeKalb County in the amount of $9,000.00 per annum for each such judge. Said supplementary salary shall be paid in equal monthly installments. 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 given that there will be introduced at the regular 1983 session of the General Assembly of Georgia, a bill to amend an Act providing a county supplement to judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391); and for other purposes.

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This 7th day of January, 1983. Pierre Howard Senator, 42nd District Publisher's Certificate. Georgia, DeKalb County. Personally appeared before me, the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, co-publisher of the Decatur-DeKalb News/Era, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Local Legislation - Supplement to Superior Court Judge, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 20, 27, 3rd days of Jan. Feb., 1983. /s/ Gerald W. Crane Co-Publisher (b) /s/ Linda L. Orr, Agent Sworn to and subscribed before me, this 3rd day of February, 1983. /s/ Linda L. Orr Notary Public. My Commission Expires June 21, 1985. (Seal). Approved March 18, 1983.

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NORTH GEORGIA COLLEGEMILITARY SCHOLARSHIPS. Code Title 20, Chapter 3 Amended. No. 403 (House Bill No. 308). AN ACT To amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College military scholarships, so as to provide that a student may meet the terms of a scholarship by accepting a regular army commission and serving in the United States Army upon concurrence by the Georgia Army National Guard; to provide that the selection committee shall select a candidate or candidates at large from among the original 50 candidates recommended without regard to district of residence in the event a congressional district does not have a qualified candidate; to authorize the selection committee to award limited scholarships to fill vacancies whenever a scholarship recipient fails to meet the standards for retention; to provide for the submission of nominees by the professor of military science at North Georgia College; to provide for the qualifications and obligations of students selected to receive limited scholarships; to provide for the payment of interest on scholarship assistance received for unfulfilled obligations; 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 . Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College military scholarships, is amended by striking paragraph (6) of subsection (b) of Code Section 20-3-421, relating to eligibility for scholarships, in its entirety and substituting in lieu thereof a new paragraph (6) to read as follows: (6) Upon graduation from North Georgia College, accept a commission as a second lieutenant and agree to serve not less than four years in the Georgia Army National Guard; however, terms of the scholarship may be met by acceptance of a commission and active duty service for not less than four years in the United States Army or

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a combination of service in the active army and the Georgia Army National Guard for not less than four years upon certification by the adjutant general that no need exists in the Georgia Army National Guard at the time of the commencement of the period of active service. Section 2 . Said subpart is further amended by striking subsection (b) of Code Section 20-3-423, relating to the creation, composition, and duties of the selection committee, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) It shall be the duty of the selection committee to select, from the five nominees from each congressional district submitted to the committee pursuant to Code Section 20-3-422, one person from each congressional district to receive a scholarship under this subpart. In the event a congressional district does not have a qualified candidate, the committee may select a candidate or candidates at large from alternate nominees among the original 50 candidates without regard to district of residence. Upon selecting the recipients of scholarships, the committee shall: (1) Notify each recipient of the scholarship; (2) Notify each member of the legislative delegation from each congressional district of the name of the recipient of the scholarship from that congressional district; and (3) Notify the authority of the names and addresses of the recipients of the scholarships. Section 3 . Said subpart is further amended by striking Code Section 20-3-426, relating to the effect of failure to meet standards and requirements for continued eligibility for scholarships, in its entirety and substituting in lieu thereof a new Code Section 20-3-426 to read as follows: 20-3-426. (a) If at any time a recipient of a scholarship fails to meet the standards and requirements for continued eligibility as provided by the selection committee pursuant to subsection (c) of Code Section 20-3-423, such recipient shall thereby lose eligibility for the scholarship and shall be obligated to repay the same as provided in Code Section 20-3-425. The selection committee shall promptly notify the authority when a recipient loses eligibility.

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(b) In the event a scholarship recipient fails to meet the standards for retention or otherwise surrenders the scholarship, the committee may award a three-, two-, or one-year scholarship as appropriate to fill the vacancy and the scholarship shall begin in September immediately following the award. Nominees for a three-, two-, or one-year scholarship shall be submitted to the selection committee by the professor of military science at North Georgia College. The nominees shall be required to meet all criteria established for the four-year scholarship and they shall be selected from current members of the college Corps of Cadets at large. Such recipients of scholarships shall incur the same obligations as a four-year scholarship recipient; provided, however, that such recipients of scholarships of less than four years shall only be required to serve the number of years in the Georgia Army National Guard or number of years of active duty service in the United States Army or number of years in a combination of service in the active army and the Georgia Army National Guard which corresponds to the period or number of years of such scholarship. Section 4 . Said subpart is further amended by striking paragraph (2) of subsection (a) of Code Section 20-3-425, relating to the failure of scholarship recipients to meet service obligations, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) Pay to the authority an amount equal to the amount of scholarship assistance received by the recipient under this subpart, plus interest, such amount to be paid, in accordance with regulations of the authority, within five years after the recipient graduates from or terminates his enrollment in North Georgia College. 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 March 18, 1983.

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SECURITIES DEALERS AND SALESMEN SURETY BONDSEXEMPTION FOR MEMBERS OF THE SECURITIES INVESTOR PROTECTION CORPORATION. Code Section 10-5-3 Amended. No. 404 (House Bill No. 427). AN ACT To amend Code Section 10-5-3 of the Official Code of Georgia Annotated, relating to the requirement for dealers and salesmen to file surety bonds or deposits, so as to provide exemption for members of the Securities Investor Protection Corporation; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 10-5-3 of the Official Code of Georgia Annotated, relating to the requirement for dealers and salesmen to file surety bonds or deposits, is amended by striking paragraph (2) of subsection (g) of said Code section in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) (A) The requirement for filing of such bond by an applicant for registration or renewal of registration as a dealer or limited dealer shall not be applicable if: (i) Such applicant has filed with the commissioner written proof of membership in the Securities Investor Protection Corporation and a written undertaking to comply continuously with all applicable provisions of the Securities Investor Protection Act of 1970, U.S.C.A. 78aaa et seq.; or (ii) As of the dates of the most recent balance sheet certified by an independent public accountant filed by such applicant pursuant to this Code section and any subsequent noncertified balance sheet so filed, such applicant had a minimum capital of not less than $250,000.00. For the purposes of this division, minimum capital shall mean net worth as determined in accordance with generally accepted

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accounting principles, unless for the purposes of this division the commissioner shall adopt rules and regulations for determining the minimum capital of a dealer or limited dealer, in which case minimum capital shall be determined in accordance with such rules and regulations. The aforesaid balance sheets filed by such applicant shall be used to determine the applicant's minimum capital unless the commissioner shall have adopted the rules or regulations authorized in the preceding sentence, in which case the applicant's minimum capital shall be determined from schedules prepared in accordance with such rules and regulations. The schedule prepared as of the date of the certified balance sheet referred to above shall be certified as having been prepared in accordance with the rules or regulations adopted by the commissioner, as provided in this division, by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence. (B) The requirement for the filing of such bond by an applicant for registration or renewal of registration as a salesman or limited salesman shall not be applicable if the dealer or limited dealer by whom such applicant is employed or is to be employed is not subject to the bond requirements of this Code section. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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LICENSED HOSPITALS AND OTHER HEALTH CARE FACILITIES REQUIRED TO HAVE APPROVED DISASTER PREPAREDNESS PLAN. Code Section 31-7-3 Amended. No. 405 (House Bill No. 585). AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide that facilities licensed by the Department of Human Resources pursuant to said chapter shall be required to have an approved disaster preparedness plan; 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 . Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, is amended by adding following subsection (b) of Code Section 31-7-3, relating to permits issued by the Department of Human Resources, a new subsection (c) to read as follows: (c) The department shall require a facility licensed under this article and rules and regulations adopted pursuant thereto to have a written and regularly rehearsed disaster preparedness plan, approved by the department, for staff and residents to follow in case of fire, explosion, or other emergency, including interruption of electrical power supply, gas-heating supply, and water supply. The plan shall include written procedures for personnel to follow in an emergency including care of the resident; notification of attending physician and other persons responsible for the resident; and arrangements for transportation, for hospitalization, for alternate living arrangements, for emergency energy sources, or for other appropriate services. 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 18, 1983. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAFEDERAL-STATE SHIPPING POINT INSPECTION SERVICE EMPLOYEES - CREDITABLE SERVICE, ETC. Code Section 47-2-310 Amended. No. 406 (Senate Bill No. 42). AN ACT To amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to the coverage of Georgia Federal-State Shipping Point Inspection Service employees under the Employees' Retirement System of Georgia, so as to change the provisions and requirements relating to granting creditable service for certain previous service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to the coverage of Georgia Federal-State Shipping Point Inspection Service employees under the Employees' Retirement System of Georgia, is amended by striking subsection (d) in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Any person who becomes a member of the retirement system under this Code section, upon certified proof of previous service with the inspection service, shall be eligible to receive up to five years of credit for such previous service by paying the regular employer and employee contributions, including accrued interest,

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that would have accumulated during such period of employment. In the computation of such contributions and interest, the compensation of such member shall be deemed to have been the same as the compensation such member received on the date he first became a member. For any member claiming creditable service under this subsection on and after July 1, 1983, the board of trustees shall calculate the period of time the contributions and interest provided for above will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement system; and the amount of creditable service so determined shall be the creditable service to which the member is entitled. The inspection service shall be authorized to supplement contributions and interest provided for above in an amount, as determined by the board of trustees, which, together with such contributions and interest, will fully fund as creditable service the total amount of previous service claimed without creating any additional accrued liability of the retirement system, and in the event such supplement is paid by the inspection service to the board of trustees, the member shall be entitled to receive all such previous service as creditable service up to the maximum of five years. Credit for previous service shall be available to a member only after he has worked for the inspection service for one full year following July 1, 1975, and must be exercised, if at all, within one year after the time any such member becomes eligible to elect such option or by not later than January 1, 1984, whichever date is later. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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VOTER REGISTRATION AND ELIGIBILITY TO VOTE. Code Title 21, Chapters 2 and 3 Amended. No. 407 (House Bill No. 28). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to add additional exceptions to the right to register and vote as required by Article II, Section I, Paragraph III of the Constitution of the State of Georgia; to revise and correct certain stylistic errors; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article II, Section I, Paragraph III of the Constitution of the State of Georgia. Section 2 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-219, relating to qualifications of voters, in its entirety and inserting in its place a new Code Section 21-2-219 to read as follows: 21-2-219. (a) No person shall vote in any primary or election held in this state unless he shall be: (1) Registered as an elector in the manner prescribed by law; (2) A citizen of this state and of the United States; (3) At least 18 years of age; (4) A resident of this state and of the county in which he or she seeks to vote; and (5) Possessed of all other qualifications prescribed by law.

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(a.1) (1) No person who has been convicted of a felony involving moral turpitude may register, remain registered, or vote except upon completion of the sentence. (2) No person who has been judicially determined to be mentally incompetent may register, remain registered, or vote unless the disability has been removed. (b) Any person who possesses the qualifications of an elector except that concerning age shall be permitted to register to vote if such person will acquire such qualification within six months after the day of registration; provided, however, that such person shall not be permitted to vote in a primary or election until the acquisition of all specified qualifications. (c) Notwithstanding any other provision of this article, any person who was qualified and registered to vote on June 24, 1964, shall not be required to reregister under the terms of this article unless such person shall have become or becomes disqualified to vote by reason of having been purged from the list of electors or for any other reason whatsoever, in which event such person shall, in order to become registered to vote, reregister under the terms of this article. (d) If any citizen of this state begins residence in another state after the thirtieth day next preceding any election for President and Vice President and, for that reason, does not satisfy the registration requirements of that state, he shall be allowed to vote for presidential and vice presidential electors, in that election, in person in this state if he satisfied, as of the date of his change of residence, the requirements to vote in this state, or by absentee ballot in this state if he satisfies, but for his nonresident status and the reason for his absence, the requirements for absentee voting in this state. (e) Any person willfully making a false statement or affidavit under this Code section shall, upon first offense, be guilty of a misdemeanor and, upon the second and any subsequent offense, be guilty of a felony. Section 3 . Said title is further amended by striking Code Section 21-3-125, relating to qualifications of voters, in its entirety and inserting in its place a new Code Section 21-3-125 to read as follows:

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21-3-125. (a) No person shall vote in any primary or election unless he shall be: (1) Registered as an elector in the manner prescribed by law; (2) A citizen of this state and of the United States; (3) At least 18 years of age; (4) A resident of the municipality in which he seeks to vote, notwithstanding any provision of any municipal charter to the contrary; and (5) Possessed of all other qualifications prescribed by law. (a.1) (1) No person who has been convicted of a felony involving moral turpitude may register, remain registered, or vote except upon completion of the sentence. (2) No person who has been judicially determined to be mentally incompetent may register, remain registered, or vote unless the disability has been removed. (b) Any person who possesses the qualifications of an elector except those concerning age shall be permitted to register to vote if such person will acquire such qualifications within six months after the day of registration; provided, however, that such person shall not be permitted to vote in a primary or election until the acquisition of such qualifications. (c) Notwithstanding any other provision of this article, any person who was qualified and registered to vote on September 1, 1968, shall not be required to reregister under the terms of this article unless such person shall have become or becomes disqualified to vote by reason of having been purged from the list of electors or for any other reason whatsoever, in which event such person shall, in order to become registered to vote, reregister under the terms of this article. (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

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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. (e) In a municipality maintaining its own registration list, any person desiring to register as an elector shall apply to a registrar or a deputy registrar and shall furnish such officer with proper identification and information which will enable him to fill in all blanks appearing on the registration card. For purposes of this Code section, proper identification may be made by exhibiting a valid driver's license, birth certificate, or any other document that will reasonably reflect the true identity of the applicant. On completion of the form, the officer shall administer the oath to the applicant and then have him sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant; and, if the applicant cannot sign his name, the officer shall sign it for him, the applicant making his mark thereto. Section 4 . This Act shall become effective July 1, 1983. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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PHARMACISTSQUALIFICATIONS FOR LICENSE CHANGED. NUCLEAR PHARMACY LAW ENACTED. Code Section 26-4-72 Amended. Code Sections 26-4-130 through 26-4-138 Enacted. No. 408 (Senate Bill No. 184). AN ACT To amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics, so as to change qualifications for pharmacist's license; to provide for nuclear pharmacies; to provide a short title; to define certain terms; to provide for licensure of nuclear pharmacies and pharmacists and exemptions; to establish licensure requirements; to provide for general requirements for nuclear pharmacies; to establish minimal radiopharmaceutical equipment requirements; to provide sanctions; to provide for the suspension or revocation of licenses; to provide for refusal of licenses; to provide for rules and regulations; to provide an effective date; to provide for construction; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics, is amended by striking paragraph (2) of subsection (a) of Code Section 26-4-72, relating to qualifications for pharmacist's license, and inserting in its place a new paragraph (2) to read as follows: (2) Be a graduate of a generally recognized school or college of pharmacy, as the same may be defined by the board; provided, however, that, if it would be impractical for the board to evaluate a foreign school or college of pharmacy, the board may determine that an applicant who is a graduate of such a school or college is qualified, based upon an individual evaluation of the applicant's educational background and proficiency in the English language;. Section 2 . Said article is further amended by adding after Part 4 thereof a new Part 4A to read as follows:

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Part 4A 26-4-130. This part shall be known as the `Nuclear Pharmacy Law.' 26-4-131. As used in this part, the term: (1) `Authentication of product history' means, but is not limited to, identifying the purchasing source, the ultimate fate, and any intermediate handling of any component of a radiopharmaceutical. (2) `Board' means the State Board of Pharmacy. (3) `Compounding of radiopharmaceuticals' means the addition of a radioactive substance to nonradioactive substances or the use of a radioactive substance in preparation for single or multidose dispensation upon the prescription order of a physician who is licensed to use radioactive materials. Compounding of radiopharmaceuticals may include: loading and eluting of radionuclide generators; using manufactured reagent kits to prepare radiopharmaceuticals; preparing reagent kits; aliquoting reagents; formulation and quality assurance testing of radiochemicals for use as radiopharmaceuticals; and radiolabeling of compounds or products, including biological products, for use as radiopharmaceuticals. (4) `Department' means the Department of Human Resources. (5) `Internal test assessment' means, but is not limited to, conducting those tests of a quality assurance necessary to ensure the integrity of the test. (6) `Manufacturing of radiopharmaceuticals' means the preparation, derivation, or production of a product to which a radioactive substance is or will be added to provide a radiopharmaceutical for sale, resale, redistribution, or reconstitution. (7) `Nuclear pharmacy' means a pharmacy providing radiopharmaceutical service.

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(8) `Radiopharmaceutical' means radioactive drugs and chemical products used for diagnostic and therapeutic purposes and includes the terms radioactive pharmaceuticals, radioisotopes, and radioactive tracers. (9) `Radiopharmaceutical quality assurance' means, but is not limited to, the performance of appropriate chemical, biological, and physical tests on radiopharmaceuticals and their component materials and the interpretation of the resulting data to determine their suitability for use in humans and animals, including internal test assessment, authentication of product history, and the keeping of proper records. (10) `Radiopharmaceutical service' means, but is not limited to, the compounding, dispensing, labeling, and delivering of radiopharmaceuticals; the participation in radiopharmaceutical selection and radiopharmaceutical utilization review; the maintenance of radiopharmaceutical quality assurance; and the responsibility for advising, where necessary or where regulated, of therapeutic values, hazards, and use of radiopharmaceuticals; and the offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, mangagement, and control of a nuclear pharmacy. 26-4-132. (a) All persons, firms, pharmacies, or corporations which receive, possess, transfer, or manufacture for sale or resale radiopharmaceuticals shall be licensed in accordance with the provisions of this part. No person may receive, acquire, possess, compound, or dispense any radiopharmaceutical except in accordance with the provisions of this part and the conditions of rules and regulations promulgated by the Board of Human Resources for radioactive materials and administered by the department. The requirements of this part are in addition to, and not in substitution of, other applicable statutes and regulations administered by the State Board of Pharmacy or the department. (b) Nothing in this part shall be construed as requiring a licensed physician to obtain a separate license as a nuclear pharmacist, when his use of radiopharmaceuticals is limited to the diagnosis and treatment of his own patients. (c) Nothing in this part shall be construed so as to require a licensed clinical laboratory which is also licensed by the department

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to handle radioactive materials to obtain the services of a nuclear pharmacist, or to have a nuclear pharmacy license, unless the laboratory is engaged in the commercial sale or resale of radiopharmaceuticals. (d) Nothing in this part shall be construed to require a department of nuclear medicine which is located in a hospital of 250 beds or less, which has a board certified radiologist in the practice of nuclear medicine, and which is licensed by the department to handle radioactive materials to obtain the services of a nuclear pharmacist or to have a nuclear pharmacy license. 26-4-133. (a) An applicant for a license as a nuclear pharmacist shall: (1) Be a currently licensed pharmacist in the State of Georgia; (2) Meet the minimum requirements and be licensed to possess and use radioactive materials for medical use, as authorized by the department; and (3) Have met all requirements for training and experience established by the board in rules and regulations promulgated pursuant to this authority; provided, however, rules and regulations prescribing training and experience requirements for nuclear pharmacists shall have first been approved by the department. (b) A license as a nuclear pharmacist shall be issued to any pharmacist who makes application to the board, together with a required fee, and meets the requirements of subsection (a) of this Code section. 26-4-134. (a) A permit to operate a nuclear pharmacy shall only be issued in accordance with Part 4 of this article with the added designation that the pharmacist in charge be a nuclear pharmacist. All personnel performing tasks in the preparation and distribution of radiopharmaceuticals shall be under the supervision of a licensed nuclear pharmacist. All acts of compounding and dispensing radiopharmaceuticals shall be performed by the nuclear pharmacist or by a pharmacist or pharmacy intern, under the direct supervision and control of a nuclear pharmacist. A nuclear pharmacist shall be responsible for all operations of the nuclear pharmacy and shall be in

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personal attendance at all times when the acts of compounding and dispensing are performed and the pharmacy is open for business. (b) Nuclear pharmacies shall have adequate space, commensurate with the scope of services provided and, as required by rules and regulations promulgated by the board pursuant to implementation of this law, shall meet minimal space requirements established for all pharmacies in the state. The nuclear pharmacy area shall be separate from the pharmacy areas for nonradiopharmaceuticals and shall be secured from unauthorized personnel. (c) Nuclear pharmacies shall only dispense radiopharmaceuticals which comply with acceptable professional standards of radiopharmaceutical quality assurance. (d) Nuclear pharmacies shall maintain records of acquisition and disposition of all radiopharmaceuticals in accordance with requirements of the board and the department. (e) Nuclear pharmacies shall comply with all applicable laws and regulations of federal and state agencies, including those laws and regulations governing nonradioactive drugs and pharmaceuticals. (f) Radiopharmaceuticals are to be dispensed only upon prescription order by a physician who is authorized by the department to possess, use, and administer radioactive materials. (g) A nuclear pharmacist may transfer to authorized persons radioactive materials not intended for drug use, in accordance with department regulations for radioactive materials. A nuclear pharmacy may also furnish radioactive materials for use to physicians, for individual patient use in accordance with subsection (f) of this Code section. (h) In addition to any labeling requirements required by rules and regulations of the board of nonradiopharmaceuticals, the immediate outer container of a radiopharmaceutical to be dispensed shall also be labeled as required in rules and regulations of the board and of the department. (i) The amount of radioactivity dispensed in each individual preparation shall be determined by the nuclear pharmacist through radiometric methods immediately prior to dispensing.

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(j) Nuclear pharmacies may redistribute Federal Food and Drug Administration approved radiopharmaceuticals if the pharmacy does not process the radiopharmaceuticals in any manner or violate the product packaging. Such redistribution may only be made to another nuclear pharmacy or other authorized person or institution. 26-4-135. Nuclear pharmacies shall meet all requirements for items and articles of equipment as required through rules and regulations of the board. Nuclear pharmacies shall also have equipment required for the safe handling and storage of radioactive materials, as established by rules of the department. 26-4-136. The board may limit, suspend, or revoke licenses issued under the provisions of this part, or impose any other reasonable sanctions upon holders of such licenses upon proof of any of the violations specified in Code Section 26-4-78 and 26-4-112. 26-4-137. The board may refuse to grant a license to any person, firm, or corporation for any of the grounds set forth in Code Sections 26-4-78 and 26-4-112. In addition, the board may refuse to grant a license if any applicant shall make any false statement in the application or cheats in any manner upon any examination administered pursuant to this part. 26-4-138. The board is authorized to promulgate rules and regulations to implement the provisions of this part. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . Nothing in this Act shall be construed to repeal the authority of the Department of Human Resources to regulate the use of radioactive materials. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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PODIATRISTSGROUNDS FOR REFUSAL OR REVOCATION OF LICENSES CHANGED. Code Section 43-35-7 Amended. No. 409 (Senate Bill No. 188). AN ACT To amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to change the provisions relating to the refusal and revocation of licenses; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, is amended by striking in its entirety Code Section 43-35-7, which reads as follows: 43-35-7. (a) The board may, by a majority vote, refuse to grant, revoke, or suspend for a specified period the license to practice podiatry in this state, of any person or applicant upon the following grounds: (1) Employment of fraud or deception in the examination of, consultation with, or treatment of patients; (2) Employment of fraud or deception in applying for or passing examination for license; (3) Habitual intemperance in the use of alcoholic beverages or narcotics; (4) Flagrant immorality; or (5) Failure to comply with the law in renewing licenses biennially by paying to the board a proper biennial license renewal registration fee.

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(b) In cases where a license is proposed to be revoked, the charges referred by the board shall be made known to the person in writing, stipulating the place of hearing and giving the person or his counsel 20 days' notice. (c) There may be an appeal from the judgment of the board by the person whose license is revoked in court, as in other cases now provided for by laws of this state. (d) The board shall have the power to compel the attendance of any witnesses in behalf of the board or the person and to issue subpoenas to compel the appearance of witnesses or material. Any witness refusing to appear and testify without legal excuse at such hearing of the board after having been served with a subpoena issued by the board requiring such witness to appear and testify at such hearing, shall be guilty of contempt; and the judge of the superior court in whose jurisdiction the hearing is held shall punish same as though committed before him, upon certification of said act to the judge by the board. Should the person not appear, the board must proceed with the hearing and, upon satisfactory proof of the charges preferred, revoke the license, regardless of the default of the person to appear. (e) In cases of failure to renew a license by paying the biennial license renewal fee, the board shall have the power to revoke this license directly without a court hearing, provided the person has been given proper and timely notification in writing that the renewal fee is past due and provided the person has not appealed to the board for an extension of time for payment of the renewal fee or has shown the board just cause why the biennial license renewal fee was not duly paid at the time specified under the terms of this chapter. (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., and inserting in lieu thereof a new Code Section 43-35-7 to read as follows: 43-35-7. (a) The board shall have the authority to deny a license to an applicant or to sanction a license issued under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has:

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(1) Failed to demonstrate the qualifications or standards for licensure contained in this chapter or in the rules or regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for the issuance of a license and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of podiatry or in any document connected therewith, or practiced fraud or deceit or cheated or intentionally made any false statement in taking an examination or in obtaining a license to practice podiatry, or made a false or deceptive registration with the board; (3) Been convicted of a felony in the courts of this state or any other state, territory, or country. `Conviction of a felony,' as used in this Code section, shall include a conviction of an offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, for purposes of this Code section, a `conviction' shall be deemed to include a finding of guilt or verdict of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of a felony or any crime involving moral turpitude where: (A) A plea of nolo contendere was entered to the charge; (B) First offender treatment was granted pursuant to the charge, without adjudication of guilt; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation [Illegible Text] first offenders, or other first offender treatment shall be [Illegible Text] evidence of arrest and sentencing for such crime;

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(5) Had his license to practice podiatry 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 or was refused the renewal of a license by any lawful licensing authority; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of podiatry but shows that the licensee or applicant is intellectually or morally incompetent to practice podiatry. `Unprofessional conduct' shall also include any departure from or the failure to conform to the minimal standards of acceptable and prevailing podiatric practice or the violation of any other standard of professional conduct as may be prescribed by the board, including, but not limited to, the division of fees for professional services with any person, firm, association, or corporation for bringing or referring a patient, or the submission of a claim for payment for podiatric services not performed, or the submission of a claim for payment for podiatric services performed, which claim is inflated in relation to the practitioner's usual charge for performing essentially the same services on a noninsured patient, or the submission of a claim for payment which knowingly reports incorrect treatment dates or services rendered, or the abrogation of the copayment provisions of a contract by accepting the payment received from the third party as full payment; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to practice podiatric medicine; (8) Violated or attempted to violate a statute or law or any lawfully promulgated rule or regulation of this state, any other state, the board, the United States, or any other lawful authority, without regard to whether the violation is criminally punishable, which statute, law, or rule or regulation relates to or in part regulates the practice of podiatry, when the licensee or applicant knew or should have known that such action was violative of such statute, law, or rule;

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(9) Violated a lawful order of the board previously entered by the board; (10) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect, unless the board, upon a finding that the licensee is mentally competent, orders otherwise. An applicant who has been so adjudged to be mentally incompetent shall not receive a license unless the board makes a finding that the applicant is mentally competent and orders otherwise; (11) Displayed an inability to practice podiatric medicine with reasonable skill and safety to patients or has become unable to practice podiatric medicine with reasonable skill and safety to patients by reason of illness, the use of alcohol, drugs, narcotics, chemicals, or any other substance or as a result of any mental or physical condition. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing podiatric medicine in this state or who shall file an application for a license to practice podiatric medicine in this state shall be deemed to have given his consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing podiatry under this subsection shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he can resume or begin the practice of podiatry with reasonable skill and safety to patients; (12) In light of the condition of the patient at the time of prescription, knowingly prescribed controlled drug substances or

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any other medication without a legitimate medical purpose or knowingly overprescribed controlled drug substances or other medication; (13) Practiced under a false name; impersonated another person, except as may be permitted by the laws of this state and rules and regulations of the board concerning professional corporations; or made misleading or deceptive claims or representations in any advertising. The board may regulate by rule the use of any trade names or corporate names in connection with the practice of podiatry; or (14) Violated any other rule prescribed by the board for which a license could be denied or sanctioned. (b) If the board finds that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in an order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined. (c) For the purposes of this Code section, the board may obtain and is authorized to subpoena, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute. (d) Upon a finding by the board that a license should be denied or sanctioned pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (1) Deny a license to an applicant or refuse to renew a license; (2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any license as the board deems necessary for the protection of the public;

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(5) Revoke any license; (6) Condition the penalty or withhold formal disposition upon the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; or (7) In addition to and in conjunction with the foregoing actions, may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty or may impose the judgment and penalty but suspend the enforcement thereof and place a licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (e) Initial judicial review of a final decision of the board shall be had solely in the Superior Court of Fulton County. (f) In its discretion, the board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may adopt by rule; and, as a condition thereof, the board may impose any disciplinary or corrective measure authorized by this chapter. (g) (1) The joint-secretary of the state examining boards is vested with the power and authority to make or cause to be made through employees or agents of the board such investigations as he or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The joint-secretary or his appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to podiatry may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the joint-secretary with the board retaining the right to have access at any time to such records.

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(3) All records relating to any patient of the licensee who is the subject of a board inquiry shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a patient shall be reviewed in camera and shall not be disclosed to the public. (4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant. (h) A person, partnership, firm, corporation, association, authority, or other entity shall be immune from civil or criminal liability for reporting or investigating the acts or omissions of a licensee or applicant or for initiating or conducting proceedings against such licensee or applicant pursuant to the provisions of this chapter or any other provision of law relating to the licensee's or applicant's fitness to practice podiatry, if such action is taken in good faith, without fraud or malice. Any person who testifies in good faith or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding concerning a violation of this chapter or any other law relating to the licensee's or applicant's fitness to practice podiatry shall be immune from civil and criminal liability for so testifying, participating, or recommending. (i) Neither a denial of a license on grounds other than those enumerated in subsection (a) of this Code section nor the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered a contested case within the meaning of the `Georgia Administrative Procedure Act.' Notice and hearing within the meaning of said Act shall not be required, but the applicant or licensee shall be allowed to appear before the board if he so requests. (j) If any licensee fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee and take action as if such licensee had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail, return receipt requested, to the last known address of record with the board. If such material is returned

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marked `unclaimed' or `refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the joint-secretary shall be deemed to be the agent for such service for such licensee or applicant for the purposes of this Code section; and service upon the joint-secretary shall be deemed to be service upon the licensee or applicant. (k) The voluntary surrender of a license shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of the board. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983. PROJECTIONS OF AVERAGE DAILY ATTENDANCE TO INCLUDE NONRESIDENT STUDENTS, ETC. Code Section 20-2-250 Amended. No. 410 (House Bill No. 532). AN ACT To amend Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to capital outlay funds for educational facilities, so as to provide that projections of average daily attendance shall include nonresident pupils whether or not such nonresident pupils attend school pursuant to a contract between local units of administration; to remove the total local funding authorized for capital outlay projects; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to capital outlay funds for educational facilities, is amended by striking therefrom paragraph (5) of subsection (c) in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows: (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, but such projections shall not be confined to resident pupils in average daily attendance but shall be based on average daily attendance which includes nonresident pupils, whether or not such nonresident pupils attend school pursuant to a contract between local units of administration. The nonresident projection shall be the most recent five-year ADA average. 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 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;. Section 2 . Said Code section is further amended by striking therefrom paragraph (4) of subsection (h) in its entirety and inserting in lieu thereof a new paragraph (4) of subsection (h) to read as follows: (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

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entitlement levels required in paragraph (1) of this Code section. 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. 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. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983. ALCOHOLIC BEVERAGE LAW AMENDEDPROVISIONS RELATING TO SPECIAL ELECTIONS CHANGEDREFERENDUMS. Code Title 3, Chapters 3 and 4 Amended. No. 411 (House Bill No. 625). AN ACT To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the provisions relating to the special elections held for the purpose of determining whether the manufacture, sale, and distribution of distilled spirits shall be authorized; to establish certain procedures and requirements for the filing of the petition and holding the election; to provide that the election on this question may be held as a special election or may be held at the time of holding any special or general primary or special or general election; to provide procedures for the legalization and regulation of the sale of distilled spirits by the drink, such sales for consumption only on the premises, in counties in which package sales

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are not lawful; to provide procedures for holding a referendum election; to change certain procedures for holding a referendum election in counties in which package sales are lawful; to provide for other matters relative to the foregoing; to provide that the governing authority of certain counties and the governing authority of all municipalities located in such counties may authorize the sale of alcoholic beverages for consumption on the premises on Sunday; to provide referendums to approve or reject such authorizations; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking in its entirety Code Section 3-4-41, which reads as follows: 3-4-41. (a) When a petition signed by at least 35 percent of the registered voters of a county or municipality is filed with the election superintendent of the county or municipality, the election superintendent shall call a special election to be held within 30 days from the filing of the petition. For purposes of this subsection, the number of registered voters of a political subdivision shall be the number of voters qualified to vote at the general election immediately preceding the presentation of the petition. (b) Notice of the call of the election shall be published by the election superintendent 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 preceding the election. (c) At such special election, the question of whether the manufacture, sale, and distribution of distilled spirits in the political subdivision shall be permitted or prohibited shall be submitted to the qualified voters of the political subdivision. (d) No election provided for in this Code section shall be held within two years after the date of the declaration of the result of the previous election held for such purpose under this article., and inserting in lieu thereof a new Code Section 3-4-41 to read as follows:

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3-4-41. (a) Upon a written petition containing the signatures of at least 35 percent of the registered and qualified voters of any municipality or county being filed with the election superintendent of the county or municipality, such superintendent, upon validation of the petition, shall be required to call and hold a referendum election for the purpose of submitting to the qualified voters of the municipality or county, as the case may be, the question of whether the manufacture, sale, and distribution of distilled spirits in the political subdivision shall be permitted or prohibited. Such petition shall not be amended, supplemented, or returned after its presentation to the appropriate authority. Validation shall, for the purposes of this Code section, be the procedure in which the election superintendent determines whether each signature on the petition is the name of a registered and qualified voter. (b) 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. Actual signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. Upon determining that 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 60 days after the call. The referendum may be held as a special referendum election or may be held at the time of holding any other primary or election in such county or municipality if such other primary or election is to be held not more than 60 days after the call. (c) Notice of the call for the referendum shall be published by the election superintendent in the official 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. (d) 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 subsection (a) of this Code section, is filed with the appropriate election superintendent.

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Section 2 . Said title is further amended by striking in their entirety Code Section 3-4-43, Code Section 3-4-44, and Code Section 3-4-45, which read as follows: 3-4-43. County elections shall be held according to the rules and regulations governing elections for members of the General Assembly but shall not be held at the time of holding any other primary or general election in the county. Municipal elections shall be held according to Chapter 3 of Title 21, the `Municipal Election Code,' but shall not be held at the time of holding any other primary or general election in the municipality. 3-4-44. Within three days after the election held under this article, the returns of the election shall be made to the election superintendent who shall ascertain and immediately declare the result after the receipt of the returns. 3-4-45. If a majority of the votes cast are in favor of the issuance of the licenses, the manufacture, possession, distribution, and sale by the package of distilled spirits in the political subdivision shall be permitted in accordance with this chapter at the expiration of 15 days from the declaration of the result., and inserting in lieu thereof a new Code Section 3-4-43, a new Code Section 3-4-44, and a new Code Section 3-4-45 to read as follows: 3-4-43. County elections shall be held according to Chapter 2 of Title 21, the `Georgia Election Code,' and may be held as a special election or at the time of holding any other special or general primary or special or general election in the county. Municipal elections shall be held according to Chapter 3 of Title 21, the `Municipal Election Code,' and may be held as a special election or at the time of holding any other special or general primary or special or general election in the municipality. 3-4-44. It shall be the duty of the election superintendent of the county or the municipality, as the case may be, 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. 3-4-45. If a majority of the votes cast are in favor of the issuance of the licenses, the manufacture, possession, distribution, and sale by

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the package of distilled spirits in the political subdivision shall be permitted in accordance with this chapter at the expiration of 15 days from the declaration of the results by the election superintendent. Section 3 . Said title is further amended by striking Code Section 3-4-91 in its entirety and inserting in lieu thereof a new Code Section 3-4-91 to read as follows: 3-4-91. (a) In every county and municipality in which package sales of distilled spirits are lawful, sales of distilled spirits as provided in this article may be authorized after approval as provided in this Code section. (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, through the election superintendent, shall conduct a 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 60 days after the call. The referendum may be held as a special referendum or may be held at the time of holding any other primary or election in such county or municipality, if such other primary or election is to be held not more than 60 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

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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 ofbe 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. If held as a special election, 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 Chapter 2 of Title 21, the `Georgia Election Code,' for county elections, or in Chapter 3 of Title 21, 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 the governing authority, as provided in subparagraph (A) of this paragraph, forwards a resolution to the election superintendent calling for such a referendum. (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

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in paragraph (1) of this subsection, 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, upon validation of the petition, shall be required to call and hold a 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. A petition shall not be amended, supplemented, or returned after presentation to the appropriate authority. `Validation' shall, for the purposes of this Code section, be the procedure in which the election superintendent determines whether each signature on the petition is the name of a registered and qualified voter. 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. Actual signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. Upon determining that 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 60 days after the call. The referendum may be held as a special referendum election or may be held at the time of holding any other primary or election in such county or municipality, if such other primary or election is to be held not more than 60 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:

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() YES () NO Shall the governing authority ofbe 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. If conducted as a special election, 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 Chapter 2 of Title 21, the `Georgia Election Code,' for county elections, or in Chapter 3 of Title 21, 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 election superintendent. (c) In any municipality or county which has at any time held an election in accordance with subsection (b) of this Code section resulting in the majority of the votes being cast in favor of sales of distilled spirits by the drink, the election superintendent of the municipality or county, upon a petition signed by at least 15 percent of the registered, qualified voters of the municipality or county, shall proceed to call another election for the purpose of nullifying the previous election in the same manner as prescribed in subsection (b) of this Code section. No election shall be called or held within two

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years after the date of the declaration by the election superintendent of the results of the previous election held for the purposes of this Code section. Section 4 . Said title is further amended by striking in its entirety Code Section 3-4-92, which reads as follows: 3-4-92. (a) In every county and municipality in which package sales of distilled spirits are not lawful, sales of distilled spirits as provided in this article may be authorized after approval as provided in this Code section. (b) (1) Upon a written petition containing the signatures of 35 percent of the registered and qualified voters of a municipality or 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. (2) In the event a majority of the persons voting in the election vote in favor of the sales, then the governing authority of the municipality or county shall issue the licenses and exercise the powers provided in this article. Otherwise, the governing authority shall have no authority to do so. (3) Following the expiration of two years after any election is held which results in disapproval of sales as provided in this article, another election on this question shall be held if another petition, as provided in paragraph (1) of this subsection, is filed with the appropriate governing authority. (c) In any municipality or county which has at any time held an election in accordance with subsection (b) of this Code section resulting in the majority of the votes being cast in favor of sales of distilled spirits by the drink, the governing authority of the municipality or county, upon a petition signed by at least 35 percent of the registered, qualified voters of the municipality or county, shall proceed to call another election for the purpose of nullifying the previous election in the same manner as prescribed in subsection (b) of this

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Code section. No election shall be called or held within two years after the date of the declaration by the governing authority of the results of the previous election held for the purposes of this Code section., and inserting in lieu thereof a new Code Section 3-4-92 to read as follows: 3-4-92. (a) In every county and municipality in which package sales of distilled spirits are not lawful, sales of distilled spirits as provided in this article may be authorized after approval as provided in this Code section. (b) (1) Upon a written petition containing the signatures of 35 percent of the registered and qualified voters of any municipality or county described in subsection (a) of this Code section being filed with the appropriate election superintendent, such election superintendent, upon validation of the petition, shall be required to call and hold a 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. A petition shall not be amended, supplemented, or returned after presentation to the appropriate authority. `Validation' shall, for the purposes of this Code section, be the procedure in which the election superintendent determines whether each signature on the petition is the name of a registered and qualified voter. For the 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. Actual signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. Upon determining that 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 60 days after the call. The referendum may be held as a special referendum election or may be held at the time of holding any other primary or election in such county or municipality, if such other primary or election is to be held not more than 60 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

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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 ofbe authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?' (2) 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 a 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. If conducted as a special election, 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 Chapter 2 of Title 21, the `Georgia Election Code,' for county elections or in Chapter 3 of Title 21, the `Georgia Municipal Election Code,' for municipal elections. It shall further be his 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. (3) 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 paragraph (1) of this subsection, is filed with the appropriate election superintendent. (c) In any municipality or county which has at any time held an election in accordance with subsection (b) of this Code section

Page 817

resulting in a majority of the votes being cast in favor of sales of distilled spirits by the drink, the election superintendent of the municipality or county, upon a petition signed by at least 35 percent of the registered qualified voters of the municipality or county, shall proceed to call another election for the purpose of nullifying the previous election in the same manner as prescribed by subsection (b) of this Code section. No election shall be called or held within two years after the date of the declaration by the election superintendent of the results of the previous election held for the purposes of this Code section. Section 5 . Said title is further amended by adding at the end of Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, a new subsection (k) to read as follows: (k) (1) In all counties having a population of not less than 54,600 and not more than 56,000 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 if Sunday sales are approved in a referendum as provided in this subsection. (2) Eating establishments located in the unincorporated area of the county, in the case of the county, or eating establishments located in the corporate limits of the municipality, in the case of a municipality, shall be authorized to sell alcoholic beverages for consumption on the premises 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. (3) Any governing authority desiring to permit and regulate Sunday sales shall so provide by proper resolution or ordinance. (4) Not less than ten nor more than 20 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county to issue the call for an

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election for the purpose of submitting the question of Sunday sales to the electors of the county for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words: `() YES () NO Shall the governing authority of (name of county) be authorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?' (5) All persons desiring to vote for approval of Sunday sales shall vote `Yes,' and those persons desiring to vote for rejection of Sunday sales shall vote `No.' If more than one-half of the votes cast on the question are for approval of Sunday sales, the governing authority in such counties and the governing authority of all municipalities within such counties may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees. (6) The expense of the election shall be borne by the county in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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DRIVERS' LICENSESAUTHORITY OF DEPARTMENT OF PUBLIC SAFETY TO ISSUE DUPLICATE LICENSES AND PERMITS ELIMINATED, ETC. Code Title 40, Chapter 5 Amended. No. 412 (Senate Bill No. 8). AN ACT To amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of licenses, so as to eliminate the authority of the Department of Public Safety to issue duplicate licenses and permits; to authorize individuals who lose or destroy a permit or license to obtain a new license or permit; to authorize a person who has a distinctive driver's license and who turns 19 years of age to obtain a new license; to provide procedures for obtaining a new permit or driver's license; 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 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of licenses, is amended by striking paragraph (1) of subsection (a) of Code Section 40-5-25, relating to drivers' license applications, which reads as follows: (1) For all instruction permits and duplicate license.....$1.50, and substituting in lieu thereof a new paragraph (1) to read as follows: (1) For all instruction permits.....$1.50. Section 2 . Said article is further amended by striking subsection (b) of Code Section 40-5-26, relating to minors' drivers' licenses, in its entirety and substituting in lieu thereof a new subsection (b) of Code Section 40-5-26 to read as follows:

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(b) The department shall, by rule and regulation, provide that all licenses issued to applicants under 19 years of age shall be so designed as to be readily distinguishable from all other licenses issued to other applicants. After having attained 19 years of age, the holder of any such distinctive license may obtain a new license which shall not be distinctive. Such new license shall be obtained in the same manner and under the same conditions and limitations as are provided in Code Section 40-5-32, relating to renewals of licenses. Section 3 . Said article is further amended by striking in its entirety Code Section 40-5-31, relating to duplicate driver's license, which reads as follows: 40-5-31. (a) In the event that an instruction permit or a driver's license issued under this chapter is lost or destroyed, the person to whom the same was issued may upon payment of the required fee obtain a duplicate, or a substitute therefor, upon furnishing proof satisfactory to the department that such permit or license has been lost or destroyed. (b) The department and the officers in charge of state patrol stations shall issue a temporary driver's license to each individual who has lost by misplacement, and not by revocation or suspension, his instruction permit or driver's license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid license which has been lost or misplaced. (c) A temporary license issued pursuant to this Code section shall be valid for 15 days but may be renewed in the event the applicant's duplicate license has not been received within such time. (d) Any person who falsely swears or falsely makes the oath provided for in subsection (b) of this Code section shall be guilty of a misdemeanor., and substituting in lieu thereof a new Code Section 40-5-31 to read as follows: 40-5-31. (a) In the event that an instruction permit or a driver's license issued under this chapter is lost or destroyed, the person to whom the same was issued may upon payment of the required fee obtain a new permit or license upon furnishing proof

Page 821

satisfactory to the department that such permit or license has been lost or destroyed. A new permit obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-24. A new license obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-32, relating to renewals of licenses. (b) The department and the officers in charge of state patrol stations shall issue a temporary permit or driver's license to each individual who has lost by misplacement, and not by revocation or suspension, his instruction permit or driver's license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid permit or license which has been lost or misplaced. (c) A temporary permit or license issued pursuant to this Code section shall be valid for 15 days but may be renewed in the event the applicant's new permit or license has not been received within such time. (d) Any person who falsely swears or falsely makes the oath provided for in subsection (b) of this Code section shall be guilty of a misdemeanor. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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TAX SALESAMOUNTS TO BE PAID UPON REDEMPTION. Code Section 48-4-42 Amended. No. 413 (House Bill No. 282). AN ACT To amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change the amount payable for redemption; to change other provisions relating to amount payable for redemption; 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 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended by striking in its entirety Code Section 48-4-42, relating to amount payable for redemption, and inserting in lieu thereof a new Code Section 48-4-42 to read as follows: 48-4-42. (a) Except as otherwise provided in subsection (b) of this Code section, the amount required to be paid for redemption of property from any sale for taxes as provided in this chapter, or the redemption price, shall be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus a premium of 10 percent of the amount for each year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made. If redemption is not made until after the required notice has been given, there shall be added to the redemption price the sheriff's cost in connection with serving the notice, the cost of publication of the notice, if any, and the further sum of 10 percent of the amount paid for the property at the sale to cover the cost of making the necessary examinations to determine the persons upon whom notice should be served. All of the amounts required to be paid by this Code section shall be paid in lawful money of the United States to the purchaser at the tax sale or to his successors.

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(b) In cases where a county, municipality, or other political subdivision purchases property at a tax sale, the amount required to be paid for redemption of property from any such sale for taxes as provided in this chapter, or the redemption price, shall be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus a premium of 20 percent of the amount for each year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made. If redemption is not made until after the required notice has been given, there shall be added to the redemption price the sheriff's cost in connection with serving the notice, the cost of publication of the notice, if any, and the further sum of 20 percent of the amount paid for the property at the sale to cover the cost of making the necessary examinations to determine the persons upon whom notice should be served. All of the amounts required to be paid by this Code section shall be paid in lawful money of the United States to the purchaser at the tax sale or to his successors. Section 2 . This Act shall become effective January 1, 1984. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983. PROGRAM OF GRANTS OF STATE FUNDS TO LOCAL SCHOOL SYSTEMS AUTHORIZED. Code Title 20, Chapter 2 Amended. No. 414 (House Bill No. 441). AN ACT To amend Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to state aid to local systems, so as to

Page 824

authorize a program of grants of state funds to local systems to alleviate financial burdens which may be imposed by alteration of the method of taxation of financial institutions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to state aid to local systems, is amended by adding a new Part 3 to read as follows: Part 3 20-2-360. The General Assembly recognizes that there exist serious areas of concern with respect to the method of taxation of financial institutions by the State of Georgia and that legislation to address these areas of concern may be enacted at the 1983 session or a future session of the General Assembly. The General Assembly further recognizes that if such legislation is enacted it may deprive local school systems of a revenue source and may provide an additional source of state revenue. The General Assembly therefore declares that the purpose of this part is to authorize a program of grants of state funds to local school systems, for which program state funds may be appropriated to alleviate financial burdens which may be imposed upon local school systems by any legislation affecting taxation of financial institutions. 20-2-361. (a) There may be allotted annually to each local school system in the state for educational purposes, in addition to funds provided pursuant to other laws, certain grants as provided in this part. (b) In any year in which the General Assembly shall appropriate funds for grants to local school systems by line-item appropriation and with reference to this part, such grants shall be allotted to each school system pro rata according to the difference between the amount of revenue which will be derived during that year by the school system from the taxation of financial institutions under the law in effect for that year and the amount of revenue which would have been derived during that year by the school system if the method of taxation of financial institutions in effect on January 1, 1983, were still in effect.

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(c) No funds shall be appropriated for purposes of this part unless legislation is enacted which changes the method of taxation of financial institutions in effect on January 1, 1983. 20-2-362. In any year in which funds are appropriated for purposes of this part, the State Board of Education shall determine what percentage of the total appropriation shall be allotted to each local school system under subsection (b) of Code Section 20-2-361. The state revenue commissioner shall provide to the State Board of Education any technical assistance necessary for purposes of determining such allotments. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983. COURTS OF MUNICIPALITIES AUTHORIZED TO TRY AND DISPOSE OF CERTAIN CRIMINAL CASES. Code Section 36-32-6 Enacted. No. 415 (House Bill No. 116). AN ACT To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipalities, so as to authorize such courts to try and dispose of criminal cases of possession of one ounce or less of marijuana under certain circumstances; 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:

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Section 1 . Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipalities, is amended by adding a new Code Section 36-32-6 to read as follows: 36-32-6. (a) The recorder's, mayor's, or police courts of any municipality are granted jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana if the offense occurred within the corporate limits of such municipality. The jurisdiction of such courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. (b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. (c) Any defendant charged with possession of an ounce or less of marijuana in a recorder's, mayor's, or police court shall be entitled on request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. (d) Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter. Section 2 . 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 repealed. Approved March 18, 1983.

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RUN-OFF ELECTIONSCONTINUATION OF ELECTION, ETC. Code Section 21-2-501 Amended. No. 416 (House Bill No. 35). AN ACT To amend Code Section 21-2-501 of the Official Code of Georgia Annotated, relating to certain prerequisites and procedures regarding the holding of a primary or election, so as to provide that a run-off primary or run-off election shall be a continuation of the primary or election and only persons who were entitled to vote in the primary or election shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such run-off primary or run-off election shall be counted in the tabulation and canvass of the votes cast as required by Article II, Section II, Paragraph II of the Constitution of the State of Georgia; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article II, Section II, Paragraph II of the Constitution of the State of Georgia. Section 2 . Code Section 21-2-501 of the Official Code of Georgia Annotated, relating to certain prerequisites and procedures regarding the holding of a primary or election, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a

Page 828

political party or body shall be elected to such office which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or election shall be held on the twenty-first day after the day of holding the preceding primary or election, provided that unless postponed by court order, a runoff in the case of a special primary or election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff. No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary. The run-off primary or run-off election shall be a continuation of the primary or election for the particular office concerned, and only the electors who were entitled to vote in the primary or election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such run-off primary or run-off election shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235. Section 3 . This Act shall become effective July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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DISPOSITION OF DELINQUENT OR UNRULY JUVENILES. Code Section 15-11-16 Amended. No. 417 (House Bill No. 58). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to provide that under certain circumstances disposition of an unruly or delinquent juvenile may be made by a court other than the court of the county where the juvenile resides; to provide for all related matters; 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 court proceedings, is amended by replacing Code Section 15-11-16, which reads as follows: 15-11-16. (a) If the child resides in a county of this state and the proceeding is commenced in a court of another county, the court shall, after adjudication of delinquency or unruliness, transfer the proceeding to the county of the child's residence for disposition. Like transfer may be made if the residence of the child changes pending the proceeding. (b) Certified copies of all legal and social documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer., with a new Code Section 15-11-16 to read as follows: 15-11-16. (a) As used in this subsection, the term: (1) `Adjudicating court' means the juvenile court which makes a finding that a child has committed an unruly or delinquent act.

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(2) `Nonresident child' means a child who is a resident of a county of this state other than the county in which the adjudicating court sits. (3) `Resident child' means a child who is a resident of the county in which the adjudicating court sits. (b) Except as provided in subsection (c) of this Code section, if the adjudicating court finds that a nonresident child has committed an unruly or delinquent act, the adjudicating court shall after adjudication of delinquency or unruliness transfer the proceeding to the county of the child's residence for disposition. Like transfer may be made if the residence of the child changes pending the proceeding. (c) If the adjudicating court finds that a nonresident child has committed an unruly or delinquent act and that the court has jurisdiction over one or more resident children who also participated in the same delinquent or unruly act, then the adjudicating court may retain jurisdiction over the disposition of the nonresident child or may transfer the proceedings as provided in subsection (a) of this Code section. Prior to making any order for disposition of the nonresident child the adjudicating court shall, if it retains jurisdiction, communicate to the court of the county of the child's residence the fact of the adjudication of delinquency or unruliness. This communication shall state the date upon which the adjudicating court plans to enter an order for disposition of the nonresident child and shall request any information or recommendations relevant to the disposition of the nonresident child. Any such recommendations shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition. (d) When any case is transferred pursuant to subsection (a) of this Code section certified copies of all legal and social documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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GRAIN DEALERSFINANCIAL STATEMENTS TO BE SUBMITTED WITH LICENSE APPLICATIONSEXCEPTIONS, ETC. Code Title 2, Chapter 9 Amended. No. 418 (House Bill No. 90). AN ACT To amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to require the submission of a financial statement with the application for a license; to change the amount of the bond required in order to transact business as a grain dealer; to specify what manner of payment is required of persons who are exempt from licensure as dealers because they buy for cash; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, is amended by striking Code Section 2-9-32, relating to the application for a license to transact business as a grain dealer, in its entirety and inserting in lieu thereof the following new Code Section 2-9-32: 2-9-32. (a) Every grain dealer desiring to transact business in this state shall file an application for a license with the Commissioner. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state: (1) The name of the business; (2) The business address of the applicant; (3) The complete telephone number of the applicant; (4) The type of ownership, whether individual, partnership, corporation, or other;

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(5) The name of the owner or, if a partnership or corporation, the name of the partners or stockholders; (6) The names of the certified public weighers; (7) The name of the manager; and (8) The dollar value of business transacted from producers for the highest month during the preceding calendar year. (b) (1) Each applicant for a license or renewal shall furnish with his application a current financial statement which shall include: (A) A balance sheet; (B) A profit and loss statement of income; (C) A statement of retained earnings; and (D) A statement of changes in financial position. (2) The chief executive officer for the business shall certify under penalties of perjury that the statements as prepared accurately reflect the financial condition of the business as of the date named and fairly represent the results of operations for the period named. (3) Each applicant shall have the financial statements required in paragraph (1) of this subsection audited by an independent certified public accountant. Alternatively, financial statements audited or reviewed by an independent public accountant will be accepted with the understanding that the applicant will be subject to an additional on-site examination by the Commissioner and to an audit by the Commissioner. Audits and reviews by independent certified public accountants and independent public accountants specified in this Code section shall be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on such statements, if any, shall be furnished along with the statements. Applicants who cannot immediately meet these requirements may apply to the Commissioner for a temporary waiver of this provision.

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The Commissioner may grant such waiver for a temporary period not to exceed 180 days if the applicants can furnish evidence of good and substantial reasons therefor. Section 2 . Said article is further amended by striking subsection (a) of Code Section 2-9-34, relating to the bond required to engage in business as a grain dealer, and inserting in lieu thereof the following: (a) Before any license is issued, the applicant shall make and deliver to the Commissioner a surety bond in the amount of 20 percent of the average of the highest dollar volume of grain purchases from producers made in any single month for each of the three preceding calendar years or such shorter period of years as the applicant has done business as a grain dealer, provided that the minimum amount of such bond shall be $20,000.00 and the maximum amount of such bond shall be $150,000.00. If a licensed grain dealer operates his grain-dealing activities at more than one physical location, he shall furnish a surety bond for each location of grain-dealing activities, each bond to be computed as stated in this Code section and each bond to be subject to the minimum and maximum amounts stated in this Code section. The bonds shall be executed by a surety corporation authorized to transact business in this state. Such bonds shall be upon forms prescribed by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to the producers or their agents or representatives of the proceeds of all grain handled or sold by such dealer. Section 3 . Said article is further amended by striking Code Section 2-9-44, relating to exemptions, and inserting in its place a new Code section to read as follows: 2-9-44. This article shall not apply to: (1) Farmers in the sale of grain grown by themselves; (2) Persons who buy for cash, paying at the time of the purchase in United States currency, certified check, or cashier's check; or (3) Persons licensed and bonded in accordance with Article 1 of Chapter 4 of Title 10, the `Georgia State Warehouse Act.'

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983. CONSUMERS' UTILITY COUNSELPRACTICES AND PROCEDURES, ETC. Code Title 46, Chapter 10 Amended. No. 419 (House Bill No. 139). AN ACT To amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to delete certain provisions with regard to prohibited activities of the counsel; to delete certain penalties; to provide for practices and procedures; to provide for access to certain reports, records, documents, files, and other information; to provide for the automatic repeal of this 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 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, is amended by striking Code Section 46-10-3, relating to the creation of the consumers' utility counsel, in its entirety and inserting in lieu thereof a new Code Section 46-10-3 to read as follows:

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46-10-3. There is created the position of consumers' utility counsel, which shall be attached for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Office of Planning and Budget. The counsel shall be appointed by the Governor and shall serve at his pleasure. The counsel shall be a practicing attorney qualified by knowledge and experience to practice in public utility proceedings. The counsel shall receive compensation in an amount to be determined by the Governor, but not to exceed that provided or authorized by law for the district attorney for the Atlanta Judicial Circuit, excluding all city and county supplemental compensation and expenses. In addition to such compensation, the counsel shall also receive reimbursement for his reasonable and necessary expenses incurred in the performance of his duties, as provided by law for state employees. No person employed as consumers' utility counsel shall engage in the private practice of law while employed as consumers' utility counsel. The actions of the counsel shall be reviewed annually by the appropriate committees of the House of Representatives and the Senate. Section 2 . Said chapter is further amended by striking Code Section 46-10-5, relating to service on counsel and depositions and discovery, in its entirety and inserting in lieu thereof a new Code Section 46-10-5 to read as follows: 46-10-5. (a) In addition to other requirements of service and notice imposed by law, a copy of any application, complaint, pleading, or notice filed with or issued by the commission shall also be served on the counsel, and counsel shall be notified of any other correspondence or paper filed with or issued by the commission or its staff. The commission shall not proceed to hear or determine any petition, complaint, or proceeding in which the counsel is entitled to appear unless it shall affirmatively appear that the counsel was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the counsel appears and specifically waives such notice. (b) The counsel is authorized to take depositions and obtain discovery of any matter which is not privileged and which is relevant to the subject matter involved in any proceeding or petition before the commission in the same manner and subject to the same procedures which would otherwise be applicable if such proceeding was then pending before a superior court. The superior courts and the judges and clerks thereof are authorized to issue all orders, injunctions,

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and subpoenas and to take all actions necessary to carry out this subsection. Section 3 . Said chapter is further amended by striking Code Section 46-10-9, relating to repeal of the chapter, in its entirety and inserting in lieu thereof a new Code Section 46-10-9 to read as follows: 46-10-9. This chapter shall be null and void and shall stand repealed in its entirety effective July 1, 1985. 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 18, 1983. CRIME OF FLEEING A POLICE OFFICERPUNISHMENT. Code Section 40-6-395 Amended. No. 420 (House Bill No. 231). AN ACT To amend Code Section 40-6-395, relating to the crimes of fleeing a police officer and impersonating a police officer, so as to change the punishment for the crime of fleeing a police officer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 40-6-395, relating to the crimes of fleeing a police officer and impersonating a police officer, is amended

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by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) Any person who flees or attempts to elude a police officer shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983. HUNTING LICENSESRECIPROCITY AGREEMENTS WITH CERTAIN STATES. Code Title 27, Chapter 2 Amended. No. 421 (House Bill No. 329). AN ACT To amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting licenses, permits, and stamps, so as to authorize the Department of Natural Resources to enter into certain reciprocity agreements with certain states; to authorize the commissioner to increase the fees for nonresident hunting licenses and nonresident big game licenses under certain circumstances; to change a certain fee; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting licenses, permits, and stamps, is amended by adding at the end of Code Section 27-2-7, relating to the powers of the department to make and enter into certain agreements, a new subsection (c) to read as follows:

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(c) The department is authorized and empowered to make and enter into agreements, from time to time, with the proper authorities of the States of Alabama, Florida, North Carolina, South Carolina, and Tennessee, regarding nonresident hunting license fees, seasons, and bag limits; provided, however, that such seasons and bag limits for nonresident hunters not be less restrictive than those which control Georgia residents; provided, further, that nonresident license fees in Georgia shall not be less than the amount established in Code Section 27-2-23 for a small game hunting license and for a big game hunting license. Section 2 . Said chapter is further amended by striking paragraph (1) of Code Section 27-2-23, relating to fees for licenses, permits, and stamps, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) Hunting licenses: (A) Resident hunting license Season $ 6.50 (B) Nonresident hunting license Season 36.00 (C) Nonresident hunting license Ten-day 21.00 (D) Archery license Season 4.50 (E) Resident big game license Season 5.50 (F) Nonresident big game license Season 64.00 (G) Nonresident shooting preserve hunting license Season 10.00 If the commissioner determines that any of the States of Alabama, Florida, North Carolina, South Carolina, and Tennessee has a nonresident hunting license fee which substantially exceeds the comparable fee which Georgia charges a citizen of that contiguous state, then the commissioner, notwithstanding the fees specified by this paragraph, shall be authorized to increase the nonresident hunting license fee and nonresident big game license fee, as applied to citizens of that contiguous state, to an amount equal to the fee a Georgia citizen is required to pay to hunt in that contiguous state. Section 3 . This Act shall become effective April 1, 1983, or on the date this Act is approved by the Governor or on the date it otherwise becomes law, whichever date is later. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983. STATE AND LOCAL BONDED OBLIGATIONSPURPOSES, ETC. Code Title 36, Chapter 82 Amended. Code Title 50, Chapter 17 Amended. No. 422 (Senate Bill No. 220). AN ACT To amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to the issuance of bonds, so as to include under

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the term undertaking, gas or electric generating and distribution systems; to provide for an election to authorize such undertaking; to authorize the use of a facsimile signature; to authorize contracts for services in connection with the borrowing of money; to provide for the payment of such services; to provide for the confidentiality of certain records; to evidence any repayment obligation for borrowed money in any form or manner determined to be desirable by the borrower; to provide a method of creating a repayment obligation for borrowed money without the issuance of a bond, note, or certificate; to provide for other matters relative to the foregoing; to provide for liberal construction; to amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, so as to change the requirement that at least one signature on public securities be manually subscribed; to provide for the use of a facsimile of the seal of the superior court on public securities; to change provisions relating to the Georgia State Financing and Investment Commission to provide an expanded definition of general obligation debt; to authorize the use of the facsimile signature of both the chairman and the secretary on debt instruments; to authorize the use of the facsimile of the official seal of the Superior Court of Fulton County on state debt instruments; to authorize use of a standardized registered bond certificate; to authorize out-of-state and in-state transfer agents; to authorize the use of depositories; to authorize the use of immobilized or book-entry delivery systems; to provide for the confidentiality of certain records; 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 82 of Title 36 of the Official Code of Georgia Annotated, relating to the issuance of bonds, is amended by striking subparagraph (C) of paragraph (4) of Code Section 36-82-61, relating to definitions under the Revenue Bond Law, in its entirety and substituting in lieu thereof a new subparagraph (C) to read as follows:

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(C) Systems, plants, works, instrumentalities, and properties: (i) Used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses; (ii) Used or useful in connection with the collection, treatment, and disposal of sewage, waste, and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment; (iii) Used or useful in connection with the collection, treatment, reuse, or disposal of solid waste; or (iv) Used or useful in connection with buying, constructing, extending, operating, and maintaining gas or electric generating and distribution systems together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate, and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation, or political subdivision affected;. Section 2 . Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to the issuance of bonds, is amended by adding a new Article 6 at the end thereof to read as follows:

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ARTICLE 6 36-82-140. Notwithstanding the provisions of other laws to the contrary, the following revisions of relevant laws shall apply to any municipality, as defined in paragraph (3) of Code Section 36-82-121, which incurs bonded indebtedness: (1) If a bond is to be issued to evidence the repayment obligation for borrowed money, the signatures of all officers of the municipality required by law or by the proceedings related to such borrowed money to sign such bond may be facsimile signatures and any seal required to be affixed thereon may be a facsimile seal if provision is also made for a manual authenticating signature on the bond by or on behalf of a designated financial institution or other person or other municipality with whom the municipality has a contract as provided in subparagraph (A) of paragraph (2) of this Code section with respect to such bond. In addition, any officer may adopt as a facsimile signature the signature or facsimile signature of a predecessor in office in the event the signature or facsimile signature of such predecessor appears on such bond. (2) (A) Any municipality borrowing money may contract for the services of a financial institution or other person within or without the state or another municipality to perform any of the following functions with respect to repayment obligations for borrowed money: (i) Issuance, authentication, transfer, registration, exchange, and related mechanical and clerical functions; (ii) Record or bookkeeping or book entry functions; (iii) Preparation, signing, and issuance of checks or warrants in payment of repayment obligations for borrowed money; (iv) Preparation and maintenance of reports and accounts; and (v) Performance of any other duties related to repayment obligations for borrowed money.

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(B) The cost of performing the aforesaid functions, whether incurred under a contract or through direct performance by the municipality, may be paid from the borrowed moneys or from other funds lawfully available for the purpose. (3) (A) Whenever any municipality shall borrow money any repayment obligation with respect thereto may be evidenced by: (i) Bonds issued in such form either coupon or fully registered or both coupon and fully registered in such denominations and with such provisions for registration, exchangeability, and transferability as the resolution authorizing the borrowing of money or any loan agreement, trust agreement, or other contract or agreement to be entered into in connection with the borrowing of money may provide; (ii) Book entries under which the right to receive payments of principal, redemption premium, if any, and interest shall be established and transferred only through subsequent book entries; or (iii) In such other manner as may be provided for in the resolution authorizing the borrowing of money or any loan agreement, trust agreement, or other contract or agreement to be entered into in connection with the borrowing of money may provide. (B) If any municipality elects to evidence any repayment obligation for borrowed money in a manner permitted by division (3)(A)(ii) or (3)(A)(iii): (i) No bond shall be issued to evidence such repayment obligation, and the adoption by the municipality of the resolution authorizing the borrowing of such money and the execution and delivery by the municipality of the loan agreement, trust agreement, or other contract or agreement to be entered into in connection with the borrowing of such money and the receipt by the municipality or by an agent acting on behalf of the municipality of the money borrowed shall be the only

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requirement to establish lawfully the repayment obligation with respect to such borrowed money; and (ii) The municipality shall provide for the sending of written statements which provide a record of certain rights with respect to such repayment obligation as of the time of issuance of the statements. Such statements shall be sent each person acquiring rights by registration in such repayment obligation but shall, in and of themselves, confer no rights on the recipient and shall be neither a negotiable instrument nor a security. (C) In the event any municipality elects to evidence any such repayment obligation in a manner permitted by division (3)(A)(ii) or (3)(A)(iii), the provisions of any other law of this state to the contrary notwithstanding, the interest of any person in such repayment obligation may be accepted, to the extent of such interest, as a deposit of the repayment obligation to which it relates, provided that the municipality has provided by contract for the pledge of such interest. 36-82-141. The records of ownership, registration, transfer, and exchange of repayment obligations for borrowed money and of persons to whom payment with respect to such obligations is made shall not be public records, it being understood that the available of such records to the general public would likely have a serious adverse impact on the ability of a municipality to consummate subsequent borrowings of money at the most advantageous cost to such municipality. 36-82-142. This article shall be liberally construed to effect the purposes hereof; and insofar as the provisions of this article may be inconsistent with the provisions of the Constitution of Georgia, under circumstances where the General Assembly has been granted the power by law to enlarge or restrict such provisions of the Constitution of Georgia, or inconsistent with the provisions of any law, including any general, local, or special Act of the General Assembly relating to bonds issued by any municipality, this article shall control. Section 3 . Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, is amended by striking subsection (a) of Code Section 50-17-1, relating to facsimile signatures on public securities in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

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(a) Public securities authorized to be issued and delivered at any one time may be executed with an engraved, imprinted, stamped, or otherwise reproduced facsimile of any signature, seal, or other means of authentication, certification, or endorsement required or permitted to be recorded thereon if so authorized by the board, body, or officer empowered by law to authorize the issuance of such securities. In addition to the foregoing, the clerk of the superior court of each county of this state may authorize the execution of any public securities, as defined in subsection (b) of this Code section, requiring or permitting his signature, with an engraved, imprinted, stamped, or otherwise reproduced facsimile of such signature and with an engraved, imprinted, stamped, or otherwise reproduced facsimile of the seal of the superior court of which he is clerk. Section 4 . Said chapter is further amended by striking paragraph (5) of Code Section 50-17-21, relating to definitions relating to the Georgia State Financing and Investment Commission, in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows: (5) `General obligation debt' means obligations of this state issued pursuant to this article to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and those state authorities which were created and activated prior to the amendment to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945, adopted November 8, 1960, for which the full faith, credit, and taxing power of the state are pledged for the payment thereof. `General obligation debt' also means obligations of this state issued to provide educational facilities for county and independent school systems. Section 5 . Said chapter is further amended by striking Code Section 50-17-24, relating to the administration of public debt, in its entirety and substituting in lieu thereof a new Code Section 50-17-24 to read as follows: 50-17-24. (a) The state, through action of the commission, is authorized to incur public debt as hereinafter provided. (b) (1) Public debt without a limit may be incurred to repel invasion, suppress insurrection, and defend the state in time of war.

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(2) Public debt may be incurred to supply such temporary deficit as may exist in the state treasury in any fiscal year because of necessary delay in collecting the taxes of that year, but the debt so incurred shall not exceed, in the aggregate, 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which such debt is incurred; and any debt so incurred shall be repaid out of the taxes levied for the fiscal year in which the loan is made. Such debt shall be payable on or before the last day of the fiscal year in which it is incurred, and no such debt may be incurred in any fiscal year under this paragraph if there is then outstanding unpaid debt from any previous fiscal year which was incurred under this paragraph. (3) Public debt for public purposes may be either general obligation debt or guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and those state authorities which were created and activated prior to the amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945. General obligation debt may also be incurred to provide educational facilities for county and independent school systems. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the state if such revenue obligations are issued to finance toll bridges, toll roads, or any other land public transportation facilities or systems, or water or sewage treatment facilities or systems, or to make or purchase, or lend or deposit against the security of, loans to citizens of the state for educational purposes; provided, however, that in no event shall general obligation debt or guaranteed revenue debt be incurred for water or sewage treatment facilities or systems for counties or municipalities. General obligation debt or guaranteed revenue debt may be incurred to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable. (c) No debt may be incurred under paragraph (3) of subsection (b) of this Code section at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent

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year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 are applicable exceed 10 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred. Within such limitation, the following limitations shall also be applicable: (1) No guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the state for outstanding or proposed guaranteed revenue debt for water or sewage treatment facilities or systems exceed 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; (2) The aggregate principal amount of guaranteed revenue debt incurred to make loans to citizens of the state for educational purposes that may be outstanding at any time shall not exceed $18 million and the aggregate principal amount of guaranteed revenue debt incurred to make or purchase, or to lend or deposit against the security of, loans to citizens of the state for educational purposes that may be outstanding at any time shall not exceed $72 million; and (3) The issuance of any funding or refunding debt pursuant to this Code section shall be subject to the 10 percent limitation provided for herein to the same extent as debt incurred under this article; provided, however, that in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. (d) For the purposes of subsection (c) of this Code section, annual debt service requirements shall mean the total principal and interest coming due in any fiscal year of the state; provided, however, that with regard to any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire

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such issue in full divided by the number of years from its issue date to its maturity date. Section 6 . Said chapter is further amended by striking subsection (d) of Code Section 50-17-25 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) (1) Every loan agreement and every evidence of indebtedness under a loan agreement shall be executed in the name of and for the state by the chairman and secretary of the commission. Every other evidence of indebtedness, except those issued in connection with the incurring of guaranteed revenue debt, shall be executed in the name of the state by the chairman and secretary of the commission and shall be sealed with the official seal of the commission or a facsimile thereof. Coupons shall be executed by the chairman of the commission. The facsimile signature of either the chairman or the secretary, or both, may be imprinted in lieu of the manual signature if the commission so directs, and the facsimile of the chairman's signature shall be used on coupons; provided, however, that the executive secretary may sign as secretary if the commission so directs. Evidence of indebtedness and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such 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. (2) Each bond representing guaranteed revenue debt shall have stamped or printed thereon a certificate reading as follows: `I hereby certify that the State of Georgia guarantees full payment of this obligation and the interest hereon in accordance with its terms and has pledged the full faith, credit, and taxing power of the state to such payment.' Immediately below the certificate shall appear the facsimile signature of the secretary of the commission. (3) Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the purposes separately, but the proceeds thereof must be allocated, disbursed, and used solely in accordance with the original purposes and without exceeding the principal amount authorized for

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each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. (4) Every evidence of indebtedness shall be dated not later than the date the same was issued; shall contain a reference by date of the appropriate authorizing resolution pursuant to which the same was issued; and may, but need not, state the purpose for which the debt is being incurred. When debt is being incurred at the same time for more than one purpose, the statement `for various purposes' shall be authorized. (5) Bonds issued as evidence of general obligation debt or guaranteed revenue debt shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County, stating the date on which the bonds were validated as hereinafter provided, 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 bonds may be sealed with the official seal of the Superior Court of Fulton County or a facsimile thereof. (6) The commission is authorized to use a standardized registered bond certificate. Such bond certificate may bear the facsimile signatures of the chairman and secretary of the commission and a manual authorizing signature of the registrar or transfer agent or an agent of the registrar or transfer agent. Section 7 . Said chapter is further amended by striking subsection (b) of Code Section 50-17-26, relating to evidences of indebtedness, generally, and substituting in lieu thereof a new subsection (b) to read as follows: (b) (1) The fiscal officer of the state or his agent shall act as registrar for evidences of indebtedness registrable as to principal or interest or both. No transfer of a registered evidence of indebtedness is valid unless made on the register maintained by the fiscal officer of the state or his agent for that purpose, and the state shall be entitled to treat the registered owner as the owner of such instrument for all purposes. Payment of principal and interest, when registered as to interest, of registered instruments shall be by check to the registered owner as it appears on the register unless the commission has otherwise provided. The

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commission may make such other provisions respecting registration as it deems necessary or useful. The fiscal officer of the state may employ out-of-state transfer agents or in-state transfer agents, or both, to perform registration duties or payment duties, or both, as agents of the fiscal officer of the state. (2) The commission may authorize debt having any provision for prepayment deemed necessary or useful, including the payment of any premium. (3) If any evidence of indebtedness becomes mutilated or is destroyed, lost, or stolen, the commission shall execute and deliver a new bond or note of like date of issue, maturity date, principal amount, and interest rate per annum as the bond or note so mutilated, destroyed, lost, or stolen, upon exchange and substitution for such mutilated bond or note and in lieu of and substitution for the bond or note destroyed, lost, or stolen, upon filing with the commission evidence satisfactory to it that such bond or note has been destroyed, lost, or stolen and proof of ownership thereof and upon furnishing the commission with indemnity satisfactory to it and upon complying with other reasonable rules of the commission and paying expenses connected therewith. Any bond or note surrendered for exchange shall be canceled. As provided in connection with the issuance of replacement bonds or notes under this Code section, the commission shall have authority to print the new bonds with a validation certificate bearing the facsimile signature of the clerk of the superior court then in office; and such certificate shall have the same force and effect as in the first instance. All responsibility with respect to the issuance of any such new bonds shall be on the commission and not on the clerk, and the clerk shall have no liability in the event an overissuance occurs. (4) Interest shall cease to accrue on public debt on the date that the debt becomes due for payment if the payment is made or duly provided for; but such debt and the accrued interest thereon shall continue to be public debt until 20 years overdue for payment. At that time, unless demand for their payment has been made, they shall be extinguished and shall be deemed no longer outstanding. (5) Unless otherwise directed by the commission, every evidence of indebtedness and interest coupon paid or otherwise

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retired shall forthwith be marked `canceled' and shall be delivered by the paying agent accepting payment thereof to the commission, which shall destroy them and provide a certificate of destruction to the fiscal officer of the state. (6) The fiscal officer of the state or his agent shall maintain records containing a full and correct description of each evidence of indebtedness issued, identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, destruction, and every other relevant transaction. The use of depositories or immobilized or book-entry delivery systems, or both, may be authorized by the commission. (7) Records maintained by the commission, the fiscal officer of the state or his agents, or by any paying agent appointed by the commission which reveal the names or identities of registered holders of bonds or notes shall not be deemed public records. Any information concerning the identity or the name of registered holders of bonds or notes shall be released only upon direction or authorization by the commission. Section 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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EVIDENCEUSE OF INTERPRETERS FOR HEARING IMPAIRED PERSONS. Code Title 24, Chapters 1 and 9 Amended. No. 423 (Senate Bill No. 176). AN ACT To amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to provide for the use of interpreters by hearing impaired persons; to provide legislative intent; to provide definitions; to provide for the situations and conditions under which an interpreter shall be provided; to provide the procedures for providing an interpreter; to provide for the manner in which interpreters shall be used; to provide for limitations on the use of certain communications with hearing impaired persons; to provide for a waiver of the right to an interpreter; to provide for compensation; 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 . Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-1-5, which reads as follows: 24-1-5. In the event a person who is deaf is arrested for any alleged violation of a criminal law of this state, the arresting officer may interrogate or take a statement from such person, provided that such interrogation and answers thereto shall be in writing and shall be preserved and turned over to the court in the event such person is tried for the alleged offense., and inserting in lieu thereof: 24-1-5. In the event a hearing impaired person is arrested for any alleged violation of a criminal law of this state, the arresting officer shall comply with the provisions of Article 5 of Chapter 9 of this title.

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Section 2 . Said title is further amended by striking Article 5 of Chapter 9 thereof, which reads as follows: ARTICLE 5 24-9-100. As used in this article, the term: (1) `Deaf person' means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal conversational tone. Such term further includes, but is not limited to, a person who is mute and a person who is both deaf and mute. (2) `Qualified interpreter' means an interpreter certified by the National Registry of Interpreters for the Deaf, Georgia Registry of Interpreters for the Deaf, or, in the event an interpreter so certified is unavailable, an interpreter whose actual qualifications are otherwise appropriately determined. 24-9-101. (a) Whenever any deaf person is a party to or a witness at a proceeding before any grand jury or in any trial court in this state, the court shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and to interpret his testimony. (b) Whenever any deaf person is the principal party in interest at a proceeding before any department, board, commission, agency, or licensing authority of the state, any political subdivision of the state, or any municipality, the department, board, commission, agency, or licensing authority conducting the proceedings shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and to interpret any testimony he may give. 24-9-102. (a) Except in a preliminary hearing in a criminal case under Code Section 24-1-5, every deaf person whose appearance before a proceeding entitles him to an interpreter shall notify the appointing authority of his disability not less than five days prior to any appearance and shall request at such time the services of an interpreter, provided that, where a deaf person reasonably expects the need for an interpreter to be for a period greater than a single day, he shall so notify the appointing authority and such notification shall be sufficient for the duration of his participation in the proceedings;

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provided, further, that whenever a deaf person receives notification of the time of an appearance before a proceeding less than five days prior to the proceeding, he shall provide his notification and request as soon thereafter as practicable. (b) An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of his disability when the appointing authority has reason to believe that the person is not so disabled. (c) No qualified interpreter shall be appointed unless the appointing authority makes a preliminary determination that the interpreter is able to communicate readily with the deaf person and is able to repeat and translate accurately the statements of the deaf person. 24-9-103. (a) The Department of Human Resources is authorized and directed to prepare and update continually a listing of qualified and available interpreters as defined in Code Section 24-9-100. When requested by an appointing authority to provide an interpreter, the department shall make all contacts and do all other things necessary to provide the appointing authority with the qualified interpreter at the time and place needed. (b) Whenever an appointing authority receives a valid request for the services of an interpreter, the authority shall request the Department of Human Resources to furnish the authority with a qualified interpreter at a time and place and for a period specified by the authority. 24-9-104. Before participating in any proceedings subsequent to an appointment under Code Section 24-9-101, an interpreter shall make an oath or affirmation that he will make a true interpretation in an understandable manner to the person for whom he is appointed and that he will repeat the statements of such person in the English language to the best of his skill and judgment. 24-9-105. (a) An interpreter appointed under Code Section 24-9-101 shall be entitled to a reasonable fee for his services, such fee not to exceed $50.00 per day of service, together with his actual expenses for travel and transportation.

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(b) When the interpreter is appointed by a court, the fee shall be paid out of general county funds; and, when the interpreter is otherwise appointed, the fee shall be paid out of funds available to the appointing authority., and inserting in lieu thereof a new Article 5 of Chapter 9 to read as follows: ARTICLE 5 24-9-100. It is the policy of the State of Georgia to secure the rights of hearing impaired persons who, because of impaired hearing, cannot readily understand or communicate in spoken language and who consequently cannot equally participate in or benefit from proceedings, programs, and activities of the courts, legislative bodies, administrative agencies, licensing commission, departments, and boards of the state and its subdivisions unless qualified interpreters are available to assist them. 24-9-101. As used in this article, the term: (1) `Agency' means any agency, authority, board, bureau, committee, commission, court, department, or jury of the legislative, judicial, or executive branch of government of the state or any political subdivision thereof. (2) `Department' means the Department of Human Resources. (3) `Hearing impaired person' means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal conversational tone. (4) `Intermediary interpreter' means any person, including any hearing impaired person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between the variance of sign language by acting as an intermediary between a hearing impaired person and a qualified interpreter. (5) `Proceeding' means any meeting, hearing, trial, investigation, or other proceeding of any nature conducted by an agency.

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(6) `Qualified interpreter' means any person certified as an interpreter by the National Registry of Interpreters for the Deaf or approved as an interpreter by the Georgia Registry of Interpreters for the Deaf. 24-9-102. (a) The agency conducting any proceeding shall provide a qualified interpreter to the hearing impaired person: (1) Whenever the hearing impaired person is a party to the proceeding or a witness before the proceeding; (2) Whenever a person below the age of 18 years whose parents are hearing impaired persons is a party to the proceeding or a witness before the proceeding conducted by an agency. (b) The hearing impaired person shall notify the agency not less than ten days, excluding weekends and holidays, prior to the date of the proceeding of the need for a qualified interpreter. If the hearing impaired person receives notice of the proceeding less than ten days, excluding weekends and holidays, prior to the proceeding, he shall notify the agency as soon as practicable after receiving such notice. Upon receiving a request for a qualified interpreter, the agency shall immediately forward such request to the department. Upon receiving a request from an agency, the department shall provide a qualified interpreter for the proceeding specified in the request. 24-9-103. (a) The arresting law enforcement agency shall provide a qualified interpreter to any hearing impaired person whenever the hearing impaired person is taken into custody for allegedly violating any criminal law or ordinance of the state or any political subdivision thereof. (b) (1) Except as provided in paragraph (2) of this subsection, the law enforcement agency shall immediately request a qualified interpreter from the department, and the department shall provide a qualified interpreter. No interrogation, warning, informing of rights, taking of statements, or other investigatory procedures shall be undertaken until a qualified interpreter has been provided; and no answer, statement, admission, or other evidence acquired from the hearing impaired person shall be admissible in any criminal or quasi-criminal proceeding unless such was knowingly and voluntarily given through and in the presence of a qualified interpreter. No hearing impaired person who has been

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taken into custody and who is otherwise eligible for release shall be detained because of the unavailability of a qualified interpreter. (2) If a qualified interpreter is not available one hour after the hearing impaired person has been taken into custody and a request has been forwarded to the department, the arresting officer may interrogate or take a statement from such person, provided that such interrogation and answers thereto shall be in writing and shall be preserved and turned over to the court in the event such person is tried for the alleged offense. 24-9-104. (a) A court shall provide a qualified interpreter to any hearing impaired person whenever the hearing impaired person has been provided with a court appointed legal counsel. The court shall request a qualified interpreter from the department, and the department shall provide a qualified interpreter. (b) The qualified interpreter authorized by this Code section shall be present at all times when the hearing impaired person is consulting with legal counsel. 24-9-105. Whenever a hearing impaired person shall be authorized a qualified interpreter, such person may waive the right to the use of such interpreter. Any such waiver shall be in writing and shall be approved by the agency, law enforcement agency, or court before which the hearing impaired person is to appear. In no event shall the failure of a hearing impaired person to request an interpreter be deemed to be a waiver. 24-9-106. (a) Whenever a hearing impaired person shall be authorized a qualified interpreter, the agency, law enforcement agency, or court shall determine whether the qualified interpreter so provided is able to communicate accurately with and translate information to and from the hearing impaired person. If it is determined that the qualified interpreter cannot perform these functions, the agency, law enforcement agency, or court shall request another qualified interpreter from the department or shall appoint an intermediary interpreter to assist the qualified interpreter in communicating with the hearing impaired person. (b) The department shall prepare and maintain a list of qualified interpreters and qualified intermediary interpreters from which such interpreters shall be provided.

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24-9-107. (a) Prior to providing any service to a hearing impaired person, any qualified interpreter or intermediary interpreter shall subscribe to an oath that he will interpret communications in an accurate manner to the best of his skill and knowledge. (b) Whenever a hearing impaired person communicates with any other person through the use of an interpreter and under circumstances which make such communications privileged, the presence of the interpreter shall not vitiate such privilege and the interpreter shall not be required to disclose the contents of such communication. (c) Whenever an interpreter is required by this article, the agency, law enforcement agency, or court shall not begin the proceeding or take any action until the interpreter is in full view of and spatially situated so as to assure effective communication with the hearing impaired person. (d) The agency, law enforcement agency, or court may, upon its own motion or upon motion of any party, witness, or participant, order that the testimony of the hearing impaired person be electronically and visually taped or filmed. Any such tape or film may be used to verify the testimony given by the hearing impaired person. 24-9-108. (a) Any qualified interpreter or intermediary interpreter providing service under this article shall be compensated by the agency, law enforcement agency, or court requesting such service. Compensation shall be as provided in the fee schedule developed by the department. (b) The department shall develop a fee schedule to be used in determining the compensation to be paid interpreters under this article. The schedule shall include reasonable fees commensurate with the services provided and shall include travel expenses and subsistence allowances as are authorized for state employees. (c) The expenses of providing a qualified interpreter or intermediary interpreter in any civil proceeding may be assessed by the court or agency as costs in such proceeding. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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TELEGRAPH COMPANIESPROCEDURE FOR INCORPORATION. Code Title 46, Chapter 5 Amended. No. 424 (Senate Bill No. 151). AN ACT To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telegraph service, so as to define certain terms; to provide that a percentage of incorporators be residents of Georgia; to provide that incorporators be of legal age; to provide for the filing of a copy of the petition with the Public Service Commission for approval; to provide for approval by the Public Service Commission of issuance of a license; to provide that a percentage of directors be residents of Georgia; to provide for amendment of corporate charter; 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 5 of Title 46 of the Official Code of Georgia Annotated, relating to telegraph service, is amended by striking Article 3 of said chapter in its entirety and inserting in lieu thereof a new Article 3 to read as follows: ARTICLE 3 46-5-140. As used in this article, the term: (1) `Telegraph company' means every corporation, company, association, joint-stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, or managing any telegraph line or part of a telegraph line used in the conduct of the business of affording for hire communication by telegraph within this state. (2) `Telegraph line' means conduits, poles, wires, cables, crossarms, instruments, machines, appliances, instrumentalities, and all devices, including radio and other advancements of the art of telegraphy, real estate, easements, apparatus, property, and

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routes used and operated to facilitate the business of affording communication service by telegraph to the public for hire within this state. 46-5-141. All corporate powers and privileges granted to telegraph companies in this state shall be granted in the manner described in this Code section. Whenever at least five persons who are 18 years of age or over and who are citizens of the United States, two-thirds of whom are residents of this state, propose to form a corporation for constructing, equipping, and operating any telegraph line or for carrying on the business of a telegraph company, they shall make and file in the office of the Secretary of State, in duplicate, a petition for charter, under their hands and seals, setting forth: (1) The name of the corporation proposed; (2) The object for which it is formed; (3) The amount of its proposed capital stock; or (4) The number of shares of such capital stock; (5) The places from and to which such telegraph line is intended to be constructed, equipped, and operated, or, if already constructed, then the places from and to which the same is intended to be operated, giving as nearly as practicable the counties and cities through which it may or does pass; (6) The location of the principal office of such corporation by city and county, which shall be in this state; (7) The time of commencement and duration of said corporation, the period of duration not to exceed 50 years; and (8) The name and residence of each applicant. 46-5-142. Upon the filing of the petition for charter as specified in the preceding Code section, the applicants shall pay to the Secretary of State the fee of $100.00. The Secretary of State shall thereafter transmit a copy of the petition to the Public Service Commission for approval prior to the issuance of a license. The Public Service Commission shall then approve or disapprove the issuance of a license based, in part, upon whether the proposed telegraph company has a

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sufficient amount of capitalization for incorporation. The Public Service Commission shall thereafter notify the Secretary of State in writing of its decision. If the petition is approved, the Secretary of State shall then issue to the applicants a license as commissioners to open books of subscription to the capital stock of the corporation at such times and places as a majority of the commissioners may determine after having given public notice thereof in the legal organ of the county where the principal office of the company will be located for at least two weeks and in one or more of the public newspapers of this state for at least two weeks. 46-5-143. As soon as possible after the capital stock has been fully subscribed, the commissioners shall call a meeting of the subscribers to the capital stock for the purpose of electing directors and transacting such other business as may come before the meeting. Notice of the meeting shall be given by depositing in the post office, properly addressed to each subscriber, at least ten days before the time fixed, a written or printed notice stating the object, time, and place of such meeting. In all elections for directors of the proposed corporation, each subscriber to the capital stock shall be entitled to one vote for each share of the capital stock subscribed for by him, which vote may be cast in person or by written proxy. At least three persons, two-thirds of whom shall be residents of Georgia, shall be elected as directors of the proposed corporation. 46-5-144. (a) The commissioners shall make a full report of their proceedings and of the proceedings of the meeting of the stockholders, including a copy of the notice provided for in Code Section 46-5-143; a copy of the list of subscribers, with a statement of their respective residences and the number of shares subscribed for by each; and the names and residences of the directors elected at the stockholders' meeting and their respective terms of office. This report shall be sworn to by at least a majority of the commissioners and shall be filed with the Secretary of State in duplicate. Attached to the report of the commissioners shall be the publishers' affidavits certifying that the aforementioned required publication has been completed. The Secretary of State shall forward a copy of the report to the Public Service Commission for its approval. (b) Upon the filing of the report and its approval by the Public Service Commission, the Secretary of State shall issue a certificate of the complete organization of the corporation, duly authenticated under his official signature and the seal of the state, and the proceedings shall be recorded in his office in a book for that purpose.

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(c) Upon the recording of such proceedings in the manner required by this Code section, the corporation shall be deemed fully organized and shall become and be duly incorporated under the corporate name set forth in the written declaration on file in the office of the Secretary of State and shall be authorized to proceed to business. Unless such corporation shall have so completed its organization within two years after the date of the filing of the written declaration for that purpose in the office of the Secretary of State, the license to the commissioners shall be held and deemed revoked and forfeited. 46-5-145. Any telegraph company incorporated under this article may amend its charter as provided by Code Sections 14-4-100 through 14-4-105. 46-5-146. (a) Any corporations created under and by virtue of this article shall exist and shall have and enjoy succession under its corporate name and may, under such name: (1) Make and enter into contracts; (2) Sue and be sued; (3) Purchase and hold such real or personal property as may be required for the purposes of the corporation within the scope of its business and sell, alienate, mortgage, pledge, convey, or otherwise dispose of the same, with all rights and privileges therewith connected; and (4) Make and establish such bylaws, rules, and regulations for its government as may be necessary. (b) Such corporation shall also have power: (1) To have and use a corporate seal, and to alter the same at pleasure; (2) To appoint such officers or agents as may be necessary for the proper management of the affairs of such corporation; and (3) To erect and maintain telegraph lines in and throughout this state or elsewhere in the United States, with all necessary stations, offices, apparatus, improvements, and machinery, and to

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employ the same with any new inventions which may from time to time be acquired, in the rapid transmission, for remuneration and profit, of information, messages, and intelligence to and from the various places and stations on the telegraph line of such corporation. 46-5-147. Every telegraph company which has a line of wires in this state and which is engaged in telegraphing for the public shall, during its usual business hours, receive dispatches or messages, whether from other telegraphic lines or from individuals, and, on payment or tender of the usual charge according to the regulations established by the commission, shall transmit and deliver the same with impartiality and good faith and with due diligence, under penalty of $25.00, which penalty may be recovered by action in a court having jurisdiction thereof, by either the sender of the dispatch or message or the person to whom sent or directed, whichever may first bring an action, provided that nothing in this Code section shall be construed as impairing or in any way modifying the right of any person to recover damages for any breach of contract or duty by any telegraph company; and such penalty and such damages may, if the party so elects, be recovered in the same action. 46-5-148. Telegraph companies shall deliver all dispatches or messages to the persons to whom the same are addressed or to their agents, on payment of any charges due for the same, provided that such persons or agents reside within the city in which the station is located or, if the station is not located in a city, within one mile of the station. 46-5-149. (a) Whenever any person has any claim or demand upon any telegraph company having offices or more than one place of doing business in this state, such person may institute an action against such telegraph company within the county where the principal office of such company is located, or in any county where such telegraph company may have an agency or place of business, or where such place of business was located at the time the cause of action accrued or the contract was made out of which the cause of action arose. (b) In all actions brought under this Code section, service shall be effected upon such telegraph company by leaving a copy of the summons and complaint with the agent of the company, if any; if there is no such agent in the county, then a copy of the summons and

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complaint shall be left at the agency or place of doing business where the same was located at the time such cause of action accrued or the contract was made out of which the cause of action arose. 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 repealed. Approved March 18, 1983. PROPERTY INSURANCE REDEFINED, ETC. Code Section 33-7-6 Amended. No. 425 (Senate Bill No. 130). AN ACT To amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risks, and reinsurance, so as to change the provisions relating to property insurance; to provide that property insurance shall also include any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion thereof for the cost of repair or replacement of a product if such contract, agreement, or instrument is made by a person other than the manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of the product sold in conjunction therewith; to provide an exception; to require certain provisions in contracts of property insurance; to provide for the cancellation of contracts, agreements, or instruments for failure of the holder to pay the consideration due therefor; to provide for refunds upon cancellation of a contract, agreement, or instrument by the holder; 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 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risks, and reinsurance, is amended by striking in its entirety Code Section 33-7-6, relating to property insurance, and inserting in lieu thereof a new Code Section 33-7-6 to read as follows: 33-7-6. (a) Property insurance is insurance on real or personal property of every kind and interest therein against loss or damage from any or all hazard or cause and against loss consequential upon such loss or damage other than noncontractual legal liability for any such loss or damage. Property insurance shall also include miscellaneous insurance as defined in paragraph (11) of Code Section 33-7-3, except as to any noncontractual liability coverage includable therein. (b) Property insurance also includes: (1) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion thereof for the mechanical breakdown or mechanical failure of a motor vehicle and shall include those agreements commonly known as vehicle service agreements or extended warranty agreements, if made by a person other than the motor vehicle manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract; (2) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion of such expense for the structural or mechanical breakdown, loss of, or damage to a one- or two-family residential building structure or any part thereof from any cause, including loss of or damage to or loss of use of the building structure or major components thereof which are attached to and become a part of said structure by reason of depreciation, deterioration, wear and tear, use, obsolescence or breakage, if made by a person other than the constructing contractor or manufacturer of the building structure or part thereof in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the

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cost of such building structure sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract; or (3) Any contract, agreement, or instrument, other than an agreement, contract, or instrument covered by paragraphs (1) and (2) of this subsection whereby a person assumes the risk of and the expense or portion thereof for the cost of repair or replacement of a product if such contract, agreement, or instrument is made by a person other than the manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of the product sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or to any contract, agreement, or instrument relating to similar services furnished by any air carrier that provides interstate air transportation. (c) (1) Any contract, agreement, or instrument, as defined in paragraphs (1), (2), and (3) of subsection (b) of this Code section, shall state the name and address of the licensed insurer which has underwritten the contract, agreement, or instrument, either directly or through a reinsurance contract. (2) In the event a contract, agreement, or instrument is issued by a party other than an insurer so that the holder thereof, in the first instance, must make a claim or request for refund pursuant to paragraph (3) of this subsection against a party other than the insurer, the contract, agreement, or instrument shall provide that the holder shall be entitled to make a direct claim against the insurer upon the failure of the issuer to pay any claim or to refund the consideration paid by the holder for the contract, agreement, or instrument within 60 days after proof of loss has been filed with the issuer. (3) The contract, agreement, or instrument shall be noncancelable by the issuer except for fraud, material misrepresentation, or failure to pay the consideration due therefor. The cancellation shall be in writing and shall conform to the requirements of Code Section 33-24-44. The holder may cancel at any time upon demand and surrender of the contract, agreement, or instrument

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whereupon the issuer shall refund the excess of the consideration paid for the contract, agreement, or instrument above the customary short rate for the expired term of the contract, agreement, or instrument. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983. PROBATE COURTSSCHEDULE OF COSTS CHANGED. Code Section 15-9-60 Amended. No. 426 (Senate Bill No. 31). AN ACT To amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by striking subsections (a), (b), and (c) in their entirety and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows: (a) The judges of the probate courts are entitled to the following court costs for specific services:

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(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 $ 32.50 (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 39.50 (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 30.00 (4) Cost of probating in solemn form: Filing will for purpose of probating `in solemn form'; receiving application; docketing and filing application; order for service, including all citations issue 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 40.00 (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 5.00 (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 32.50 (7) Year's support: All services of the probate court (except sheriff service and advertising), excluding recording cost 39.50 Recording certificate in superior court 3.00 (8) Conveying or encumbering a year's support: Whole service, excluding recording cost 26.00 (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 39.50 (10) Compromise claim: Receiving application; docketing and filing application; services in hearing evidence for determination of the matter; and final order; excluding recording cost 26.00 (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 16.00 Of all estates worth more than $5,000.00, excluding recording cost 20.00 (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 25.00 (13) Habeas corpus: Receiving application; docketing and filing application; issuance of writ; filing answer of respondent; excluding recording cost 25.00 (14) Order of title: Receiving application; docketing and filing application; granting citation; hearing evidence and determining matter; order; excluding recording cost 17.50 (15) Establishment of lost papers: Receiving application; docketing and filing application; granting citation or notice; order; excluding recording cost 17.50 (16) Constitutional homesteads: For the whole service in setting apart of homestead of realty and personalty when not litigated 20.00 Where objections are filed and heard, in addition to the proceedings 7.50 Surveyor, actual charge made (not included in fee base) (17) Statutory homestead (pursuant to Code Section 44-13-100): For whole services in setting apart short homestead exemption 12.50 (18) Nonwaiverable homestead exemption (pursuant to Code Section 44-13-42): Short homestead, $300.00 limit 4.00 (19) 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 45.00 For services when petition filed but subsequently withdrawn or dismissed before hearing 24.00 (20) Letters of guardianship for mentally ill, mentally retarded, or mentally incompetent: For whole service, including hearing ($45.00) and appointment of guardianship ($30.00) 75.00 (21) Inventory and appraisement: Whole service for inventory, excluding recording cost 10.00 Whole service for appraisement, excluding recording cost 10.00 (22) Sale of realty, personalty, or perishable property under administration or guardianship: Sale of perishable personalty, excluding recording cost 25.00 (23) Leave of sale of realty and nonperishable personalty: Public sale 25.00 Private sale 40.00 (24) Sale bill: Whole service for same, excluding recording cost 4.00 (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 his 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 37.50 (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 8.00 Receiving written application for warrant 4.50 (28) Petition for change of birth certificate: Whole service for same 24.00 (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 3.50 (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 25.00 (5) All contested hearings (uncontested hearings included in base fee), per one-half day or less 15.00 (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 publication 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 $ 10.00 (2) For every case litigated before the judge of the probate court where no costs are prescribed, per day 25.00 (3) For every case litigated before the judge of the probate court where no costs are prescribed, per one-half-day minimum charge 15.00 (4) For filing and docketing any application, petition, or case where no costs are prescribed 10.00 (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) 2.00 (6) For each affidavit where no case is pending before judge of the probate court .50 (7) For issuing process against a person for not making return 12.50 (8) For rule nisi 12.50 (9) For each subpoena .50 (10) For hearing election contests, to be taxed as cost per day 20.00 (11) For certificate of residency 3.00 (12) For recording marks and brands 3.50 (13) For bond when necessary 5.00 (14) For recording vouchers .25 (15) Base fee for entering an appeal and transmitting the proceeding to superior court 7.50 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) 3.00 (18) For each fi. fa. issued by the clerk of the probate court 2.00 (19) For seal and certificate 3.00 (20) Disabled veterans, certificate of eligibility, filing fee 1.00 (21) For every explosive permit 5.00 (22) For every peddler's license 1.50 (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) 25.00 (25) For registration of corporation, business profession, or commodity subject to special tax, each 1.00 (26) For every pistol license issued 15.00 (27) For preparing all papers, appointing managers, consolidating returns in general and special election, each ballot box 22.50 (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 7.50 (32) For petition to encroach over $500.00 12.50 (33) For granting letters of administration CTA, DBN, or DBN-CTA, whole service 45.00 (34) For granting letters to successor executor 30.00 (35) For petition to determine heirs 40.00 (36) For petition to enter safe-deposit box 12.50 (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. 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 repealed. Approved March 18, 1983.

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PRACTICE OF MEDICINEREQUISITES FOR TAKING LICENSING EXAMINATION CHANGED. Code Section 43-34-27 Amended. No. 427 (House Bill No. 400). AN ACT To amend Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to the licensing requirements for persons engaged in the practice of medicine, so as to delete the provision authorizing a graduate to stand a regular examination to practice medicine before completing a year's training as an intern; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to the licensing requirements for persons engaged in the practice of medicine, is amended by striking paragraph (2) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Any such graduate after completing a year's training as an intern as required by paragraph (3) of this subsection shall be eligible to stand any regular examination given by the board for a license to practice medicine in this state. However, before such person shall be eligible to receive a license to practice medicine in this state, he shall furnish the board with satisfactory evidence of attainments and qualifications under this Code section and the rules and regulations of the board. Nothing contained in this Code section shall be construed so as to require a person who has previously passed an examination given by the board for a license to practice medicine in this state to stand another examination. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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MEDICAL PRACTICEREPORTS RELATING TO DENIALS, REVOCATIONS OR RESTRICTIONS OF MEDICAL STAFF PRIVILEGES, ETC. Code Section 31-7-8 Amended. Code Section 33-3-27 Amended. No. 428 (House Bill No. 639). AN ACT To amend Code Section 31-7-8 of the Official Code of Georgia Annotated, relating to reports of certain disciplinary actions against persons authorized to practice medicine, so as to change the conditions under which those reports are required; to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to require reports concerning medical malpractice claims; 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 31-7-8 of the Official Code of Georgia Annotated, relating to reports of certain disciplinary actions against persons authorized to practice medicine, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows: (a) The hospital administrator or chief executive officer of each institution subject to this chapter shall submit a written report to the Composite State Board of Medical Examiners when a person who is authorized to practice medicine in this state under Chapter 34 of Title 43 and who is a member of the medical staff at the institution, has medical staff privileges at the institution, or has applied for medical staff privileges at the institution has his medical staff privileges denied, restricted, or revoked for any reason involving the medical care given his patient. Each such administrator or officer shall also report to the board resignations from practice in that institution by persons licensed under Chapter 34 of Title 43. This Code section shall not require reports of temporary suspensions for failure to comply with medical record regulations.

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Section 2 . Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, is amended by adding at the end a new Code Section 33-3-27 to read as follows: 33-3-27. (a) For the purposes of this Code section, the term `medical malpractice claim' means any claim for damages resulting from the death of or injury to any person arising out of health, medical, or surgical service, diagnosis, prescription, treatment, or care rendered by a person authorized by law to practice medicine in this state or by any person acting under such person's supervision and control. (b) Every insurer providing medical malpractice insurance coverage in this state shall notify in writing the Composite State Board of Medical Examiners when it pays a judgment in excess of $10,000.00 or enters into an agreement to pay an amount in excess of $10,000.00 to settle a medical malpractice claim against a person authorized by law to practice medicine in this state; such judgments or agreements shall be reported to the board regardless of the dollar amount if the records of the insurer establish that there have been two or more previous judgments against or settlements with a licensed physician which relate to the practice of medicine. Such notice shall be sent within 30 days after the judgment has been paid or the agreement has been entered into by the parties involved in the claim. 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 18, 1983.

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STATE-WIDE SYSTEM OF MAGISTRATE COURTS CREATEDJUSTICE COURTS ABOLISHED, ETC. No. 429 (House Bill No. 121). AN ACT To implement certain changes required by Article VI of the Constitution of the State of Georgia; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for a magistrate court in each county and for the jurisdiction, powers, officers, proceedings, and operation of such courts; to abolish constables, justices of the peace, and justice courts; to amend the Official Code of Georgia Annotated, so as to delete references to justices of the peace and their court and to change other references so that they refer to magistrates and magistrate courts; to repeal certain specific Code sections and chapters of the Official Code of Georgia Annotated, relating to constables, justices of the peace, and justice courts and proceedings therein; to repeal Chapter 22 of Title 15 of the Official Code of Georgia Annotated, the Courts of Limited Jurisdiction Compensation Act of 1982; to provide for the compensation of officers who will become magistrates; to provide for the compensation of certain probate judges; to provide for all 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 1-1 . It is the intent of this Act to implement certain changes required by Article VI of the Constitution of the State of Georgia. Part 2 Section 2-1 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Chapter 10, relating to justice of the peace courts, and inserting in its place a new Chapter 10, relating to magistrate courts, to read as follows:

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CHAPTER 10 ARTICLE 1 15-10-1. There shall be one magistrate court in each county of the state which shall be known as the Magistrate Court ofCounty. 15-10-2. Each magistrate court and each magistrate thereof shall have jurisdiction and power over the following matters: (1) The hearing of applications for and the issuance of arrest and search warrants; (2) Issuance of warrants and related proceedings as provided in Article 4 of Chapter 6 of Title 17, relating to bonds for good behavior and bonds to keep the peace; (3) The holding of courts of inquiry; (4) The trial of charges of violations of county ordinances; (5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $2,500.00; (6) The issuance of summons, trial of issues, and issuance of writs and judgments in dispossessory proceedings and distress warrant proceedings as provided in Articles 3 and 4 of Chapter 7 of Title 44; (7) The punishment of contempts by fine not exceeding $200.00 or by imprisonment not exceeding ten days or both; (8) The administration of any oath which is not required by law to be administered by some other officer; (9) The granting of bail in all cases where the granting of bail is not exclusively committed to some other court or officer; (10) The issuing of subpoenas to compel attendance of witnesses in the magistrate court; and

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(11) Such other matters as are committed to their jurisdiction by other general laws. 15-10-2.1. (a) Any magistrate court in existence on June 30, 1983, which on that date has, under the law creating the court, any jurisdiction over misdemeanor cases and over the enforcement of municipal ordinances shall until July 1, 1985, continue to have the same jurisdiction over such matters as it had on June 30, 1983. (b) This Code section shall be repealed effective July 1, 1985; but any case in which a court assumed jurisdiction under the Code section prior to July 1, 1985, may be retained for disposition by that court after that date. 15-10-3. (a) All magistrates, constables, and clerks of magistrate court shall before entering on the duties of their offices subscribe before the judge of the probate court the oaths prescribed by Code Section 45-3-1 and 45-3-13 and the following oath: `I swear or affirm that I will duly and faithfully perform all the duties required of me as (magistrate, constable, or clerk of magistrate court) ofCounty.' (b) The probate judge shall make an entry of the oath on the minutes of the probate court and shall issue to the officer taking the oath a certificate which shall serve as the officer's commission. (c) In the case of a probate judge serving as a magistrate, a clerk of superior court serving as clerk of magistrate court, or a sheriff or sheriff's deputy serving as constable, no oath, certificate, or commission shall be required except the oath and commission of the probate judge as probate judge, clerk of superior court as clerk of superior court, or sheriff or deputy as such. 15-10-4. The magistrate court shall not have fixed terms. The chief magistrate shall provide for sessions of court to be held at such times and in such places, within or without the county seat, as are necessary or convenient. 15-10-5. The county governing authority shall provide suitable offices and courtrooms for the use of the magistrate court and shall supply all fixtures, supplies, and equipment necessary for the proper functioning magistrate court.

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15-10-6. The chief magistrate may with the approval of the chief judge of superior court adopt local rules for the court not inconsistent with law and the rules adopted by the Supreme Court. ARTICLE 2 15-10-20. (a) Each magistrate court shall have a chief magistrate and may have one or more other magistrates. Such magistrates shall be the judges of the magistrate court and shall be known as magistrates of the county. Unless otherwise provided by local law, the number of magistrates in each county shall be fixed from time to time by majority vote of the judges of the superior court of the county, but no magistrate shall be removed from office during a term of office except for cause as provided by Code Sections 15-10-24 and 15-10-25. The number of magistrates authorized for the county shall be one magistrate until increased by the judges of superior court or by local law; but this subsection shall not operate to remove a magistrate from office during his term of office. (b) The term of office of any magistrate taking office prior to January 1, 1985, shall expire on December 31, 1984, except that this paragraph shall not operate to shorten any term of office in violation of Article VI, Section X, Paragraph II of the Constitution. The term of office of any magistrate taking office on or after January 1, 1985, shall be for four years beginning on the first day of an odd-numbered year, except that in selecting magistrates to fill newly created positions or if otherwise necessary, a magistrate may be selected for a term of less than four years to expire on the last day of an even-numbered year. (c) (1) Unless otherwise provided by local law, all magistrates, other than the officers becoming magistrates pursuant to Code Section 15-10-120, who are selected to take office prior to January 1, 1985, shall be selected as provided in this subsection. The judges of the superior court of the county shall be majority vote appoint as chief magistrate either an officer becoming a magistrate pursuant to Code Section 15-10-120 or some other person meeting the qualifications specified in subsection (a) of Code Section 15-10-22. Any other magistrates, other than the officers becoming magistrates pursuant to Code Section 15-10-120, shall be appointed by the chief magistrate with the consent of the judges of superior court.

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(2) (A) If the chief magistrate so selected is an officer becoming a magistrate pursuant to Code Section 15-10-120, then his term as chief magistrate will be as provided by this paragraph. (B) If the term which he was serving on June 30, 1983, will expire on the last day of 1984 or 1986, then his term as chief magistrate will likewise expire on the last day of 1984 or 1986. (C) If the term which he was serving on June 30, 1983, will expire other than on the last day of 1984 or 1986, then his term as chief magistrate shall expire on December 31, 1984, even though he is granted a longer term as magistrate by Article VI, Section X, Paragraph II of the Constitution; but his term as magistrate shall not be shortened in violation of said paragraph of the Constitution. In any case covered by this subparagraph, the person whose term as chief magistrate expires December 31, 1984, but who is granted by the Constitution a longer term as magistrate shall be eligible to succeed himself for a four-year term as chief magistrate beginning January 1, 1985, if he resigns his current term as magistrate prior to beginning such four-year term as chief magistrate. (d) Unless otherwise provided by local law, all magistrates taking office on or after January 1, 1985, shall be selected as provided in this subsection. The chief magistrate shall be elected by the voters of the county at the general election next preceding the expiration of the term of the incumbent chief magistrate, in a partisan election in the same manner as county officers are elected, for a term beginning on the first day of January following his election. His successors shall likewise be elected quadrennially thereafter for terms beginning on the first day of January following their election. Magistrates other than the chief magistrate shall be appointed by the chief magistrate with the consent of the judges of superior court. The term of a magistrate so appointed shall run concurrently with the term of the chief magistrate by whom he was appointed. (e) Unless otherwise provided by local law, a vacancy in the office of chief magistrate shall be filled by an appointment by majority vote of the judges of superior court for the remainder of the unexpired term; and a vacancy in the office of any other magistrate shall be filled by an appointment by the chief magistrate with the

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consent of the judges of superior court for the remainder of the unexpired term. If, however, a vacancy occurs which does not reduce the number of magistrates for the county below the number of magistrates authorized for the county, then such vacancy shall not be filled. (f) The General Assembly may by local law provide for the number of magistrates of a county, provide for a different method of selecting magistrates than that specified in subsections (c) and (d) of this Code section, and provide for a different method of filling vacancies than that specified in subsection (e) of this Code section. (g) The General Assembly may at any time provide by local law that the probate judge shall serve as chief magistrate and provide for compensation of the probate judge in his capacity as chief magistrate; and in such a case the chief magistrate shall not be separately elected but shall be the probate judge. In the absence of local law, the judges of superior court may, with the consent of the probate judge, provide that the probate judge shall serve as chief magistrate until January 1, 1985, and provide for his compensation in such capacity. Any compensation paid under this subsection shall be paid from county funds. 15-10-21. The chief magistrate shall assign cases among the several magistrates of the county and shall decide any disputes between the magistrates of the county. 15-10-22. (a) Each magistrate shall have been a resident of the county for one year next preceding the beginning of his term of office and shall as of such date be at least 21 years of age and shall possess a high school diploma or its equivalent. However, an officer becoming a magistrate pursuant to Code Section 15-10-120 shall be eligible to the office of magistrate without the necessity of meeting these qualifications. Additional qualifications for the office of chief magistrate or magistrate or both may be imposed by local law. (b) A magistrate who is an attorney may practice in other courts but may not practice in his own court or appear in any matter as to which his court has exercised any jurisdiction. 15-10-23. (a) Unless otherwise provided by local law, the chief magistrate of each county other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

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Population Minimum Salary 0 - 5,999 $ 3,950.00 6,000 - 11,999 5,885.00 12,000 - 19,999 6,710.00 20,000 - 29,999 7,500.00 30,000 - 39,999 8,910.00 40,000 - 49,999 9,720.00 50,000 - 99,999 10,320.00 100,000 - 199,999 13,475.00 200,000 - or more 17,700.00 The minimum salary for each affected magistrate shall be fixed from the above table 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. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office. (b) Unless otherwise provided by local law, each magistrate other than the chief magistrate shall receive a minimum monthly salary of $50.00 per month. The salary of each magistrate other than the chief magistrate may be supplemented by the county governing authority in such amount as it may fix from time to time; but no such magistrate's compensation or supplement shall be decreased during any term of office. (c) Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees; and the salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds. (d) The General Assembly may by local law fix the compensation of any or all of a county's magistrates. (e) Notwithstanding the provisions of subsection (a) of this Code section, unless otherwise provided by local law, in any county in which more than 70 percent of the population 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 minimum annual salary of the chief

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magistrate shall be $2,500.00, which minimum annual salary may be supplemented by the county governing authority as in other cases; and the salary of each magistrate other than the chief magistrate shall be fixed by the county governing authority without regard to the minimum specified by this Code section. 15-10-24. Magistrates shall be subject to discipline, removal, and involuntary retirement by the Judicial Qualifications Commission. 15-10-25. (a) All magistrates shall periodically satisfactorily complete a training course as provided in Article 8 of this chapter. A magistrate who is an active member of the State Bar of Georgia shall be exempt from such training requirements after he has completed the initial 40 hour training requirement. (b) The Georgia Magistrate Courts Training Council shall keep records of training completed by magistrates. (c) If any magistrate does not satisfactorily complete the required training in any year, the Georgia Magistrate Courts Training Council shall promptly notify the Judicial Qualifications Commission which shall remove the magistrate from office unless the Judicial Qualifications Commission finds that the failure was caused by facts beyond the control of the magistrate. (d) The reasonable costs and expenses of such training shall be paid by the county governing authority from county funds. 15-10-26. In any case in which action is authorized under this chapter to be taken by local Act or local ordinance, no local ordinance shall be enacted which is inconsistent with a local Act. 15-10-27. (a) With respect to any county in which there exists a civil court of the county continued in existence by Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution and in which there are as of June 30, 1983, no officers who will become magistrates pursuant to Code Section 15-10-120, the provisions of this Code section shall control over any other conflicting provisions of this chapter. (b) In any county subject to this Code section the judge of such civil court shall serve as chief magistrate for a term of office concurrent with his term as judge of civil court. The chief judge of superior

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court of any such county shall fix the compensation to be received by the chief magistrate for his services as chief magistrate, and such compensation may be less than the minimum salary otherwise specified by this chapter. (c) In any county subject to this Code section the clerk of civil court shall serve as clerk of magistrate court and the sheriff and deputies of civil court shall serve as constables of magistrate court. ARTICLE 3 15-10-40. This article shall govern civil proceedings in the magistrate court. 15-10-41. (a) There shall be no jury trials in the magistrate court. (b) Appeals may be had from judgments returned in the magistrate court to the superior court of the county and the same provisions now provided for by general law for appeals contained in Code Section 5-3-29 shall be applicable to appeals from the magistrate court, the same to be a de novo appeal. 15-10-42. Proceedings in the magistrate court shall not be subject to Chapter 11 of Title 9, the `Georgia Civil Practice Act.' 15-10-43. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall sign and verify the statement of claim by oath or affirmation. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. The statement of claim shall include the address at which the plaintiff desires to receive the notice of hearing. (b) A copy of the verified statement of claim shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said process shall be made within the county as provided in this Code section. Service outside the county shall be by second original as provided in Code Section 9-10-72. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a constable, or by any person sui juris who is not a party to, or otherwise interested in, the

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action, who is specially appointed by the judge of said court for that purpose. When the claim and notice are served by a private individual, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (c) Upon the failure of the defendant to answer or appear for the hearing, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. Upon the failure of the defendant to answer or appear for the hearing, the plaintiff may proceed to prove his damages and receive judgment if the claim is for an unliquidated amount. (d) An answer to the claim must be filed with the court or orally presented to the judge of the court within 30 days after service of the statement of claim on the defendant to avoid a default judgment. The answer shall be in concise form and free from technicalities but must admit or deny the claim of the plaintiff. The answer shall contain the address at which the defendant desires to receive the notice of hearing. If the answer is presented to the judge orally, the judge shall reduce the answer to writing. A copy of the answer shall be forwarded to the plaintiff and defendant with the notice of hearing. If an answer is timely filed or presented, the judge shall within ten days of filing or presentation of the answer notify the defendant and the plaintiff of the calling of a hearing on the claim. The notice shall include the date, hour, and location of the hearing which date shall be not less than 15 nor more than 30 days after the date the notice is given. The notice shall be served on the plaintiff and the defendant by registered or certified mail to the address given by the plaintiff at the time he files his claim and the address given by the defendant at the time he files or presents his answer. The date of mailing shall be the date the notice is given. 15-10-44. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall counsel the parties to make an earnest effort to settle the controversy by conciliation. If the parties fail to settle their differences without a trial, the judge shall proceed with the hearing on its merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice.

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(c) If the plaintiff fails to appear, the action may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. 15-10-45. (a) If any defendant has a claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim which claim does not require for its adjudication the presence of third parties over whom the court cannot obtain jurisdiction, such claim must be asserted by the defendant at or before the hearing on plaintiff's claim or thereafter be barred. (b) If any defendant has a claim against the plaintiff other than a compulsory counterclaim described in subsection (a) of this Code section, such claim may be asserted by the defendant at or before the hearing on the plaintiff's claim. (c) If any defendant asserts a claim against the plaintiff, the defendant shall file with the court a statement of the claim in concise form and free from technicalities. The defendant shall sign and verify the statement of claim by oath or affirmation. At the request of a defendant, the judge or clerk may prepare the statement. (d) If the amount of a counterclaim exceeds the jurisdictional limits of the magistrate court, the case shall be transferred to the state court of the county or to the superior court of the county if there is no state court. (e) A counterclaim may in the discretion of the magistrate be tried either separately or jointly with the plaintiff's claim. 15-10-46. (a) When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is fully and completely satisfied.

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(b) The judge of the magistrate court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby, not to exceed 10 percent of each payment. 15-10-47. A judgment of the magistrate court shall constitute a lien on both the real and personal property of a defendant, regardless of where such property is situated within the state. Said lien shall become perfected at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for the appropriate county and the entry thereof is made by the clerk in the general execution docket for said county. 15-10-48. The statement of claim, verification, and notice shall be in substantially the following form: (Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his agent as follows:)

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YOU ARE REQUIRED TO FILE OR PRESENT AN ANSWER TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY TO THE JUDGE. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you have any claim against the plaintiff, you should notify the court at once. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. 15-10-49. (a) Procedure in attachment cases shall be subject to Chapter 3 of Title 18. (b) Procedure in garnishment cases shall be subject to Chapter 4 of Title 18. (c) Procedure in dispossessory proceedings and in distress warrant proceedings shall be subject to Articles 3 and 4 of Chapter 7 of Title 44. ARTICLE 4 15-10-60. This article governs trials of violations of county ordinances which violations may be punished by increceration or monetary penalty. Nothing in this chapter shall grant to any county more authority to enact or enforce such ordinances than the county

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has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $500.00 or 60 days' imprisonment or both and shall not exceed the maximum punishment specified by the ordinance. 15-10-61. There shall be no jury trials in the magistrate court. Any defendant who is charged with one or more ordinance violations may, at any time before trial, demand that the case be removed for a jury trial to the state court of the county or to the superior court of the county if there is no state court. Such a demand shall be written. Upon such a demand the court shall grant the demand. Failure to so demand removal of the case shall constitute a waiver of any right to trial by jury which the defendant may otherwise have. 15-10-62. (a) Prosecutions for violations of county ordinances shall be upon citation as provided in Code Section 15-10-63 or upon accusation by the county attorney or such other attorney as the county governing authority may designate; and such attorney shall be the prosecuting attorney in cases tried upon accusation. (b) Accusations of violations of county ordinances and citations shall be personally served upon the person accused. Each accusation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior to the time of trial; but any defendant who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for his future appearance. 15-10-63. (a) The governing authority of any county may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations. (b) Each citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the county agent who completes and serves it. (c) Prosecutions for violations of county ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations. The original of the citation

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shall be personally served upon the accused; and a copy shall promptly be filed with the court. (d) No person shall be arrested prior to the time of trial; but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the magistrate and required to post a bond for his future appearance. 15-10-64. (a) Execution may issue immediately upon any fine imposed by the court and not immediately paid. (b) The sheriff of the county shall receive and house all persons sentenced to confinement for contempt or violation of county ordinances. 15-10-65. Review of convictions shall be by certiorari to the superior court. 15-10-66. The county attorney or another attorney designated by the county governing authority may act as prosecuting attorney. ARTICLE 5 15-10-80. (a) Upon filing any civil action the plaintiff shall pay a filing deposit as established by local court rule not to exceed $20.00 which shall cover all costs of the action except service of process. (b) Upon filing any civil action the plaintiff shall pay the actual cost of serving each party required to be served but not more than the amount of the fee charged by sheriffs for serving process for each party to be served. (c) For issuing a writ of fieri facias the fee charged shall be $2.00 which shall be paid by the person requesting the same. (d) As between the parties, costs shall be taxed against the losing party. 15-10-81. In cases of conviction of violation of county ordinances, costs of $30.00 shall be taxed against the defendant. 15-10-82. For hearing an application for an arrest or search warrant the fee charged shall be $5.00 but this fee may be waived by

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the issuing magistrate if he finds that because of the financial circumstances of the party applying for the warrant or for other reasons this fee should not be charged in justice. 15-10-83. For levying on executions and conducting judicial sales constables shall collect the same fees as are charged by sheriffs. 15-10-84. For administering any oath other than in connection with a matter before the court, a magistrate shall collect a fee of $1.00. 15-10-85. All fees, costs, and other funds collected by officers of the magistrate court shall be accounted for and paid into the county treasury not less often than once a month. 15-10-86. Law library fees shall not be charged unless otherwise provided by local law. 15-10-87. When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee, but as between the parties the costs shall be as in other cases in the state court or superior court. ARTICLE 6 15-10-100. (a) Unless otherwise provided by local law, the county governing authority may provide for the appointment of constables by the chief magistrate. Constables so appointed shall serve at the pleasure of the chief magistrate. The compensation of constables so appointed shall be fixed by the county governing authority. (b) If no provision is made for the appointment of constables the sheriff and his deputies shall perform the duties of constables. (c) The General Assembly may by local law provide for the appointment of constables and their salaries. (d) All constables shall be compensated solely on a salary basis and not in whole or in part from fees; and their salaries shall be paid in equal monthly installments from county funds.

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(e) If there is more than one constable, one shall be appointed as chief constable and shall supervise the other constables. 15-10-101. The eligibility for constable is the same as for magistrate. 15-10-102. The powers and duties of constables include the following: (1) To attend regularly all sessions of magistrate court; (2) To promptly pay over money collected by them to the magistrate court; (3) To execute and return all warrants, summonses, executions, and other processes directed to them by the magistrate court; and (4) To perform such other duties as are required of them by law or as necessarily appertain to their offices. 15-10-103. Constables shall exercise the power of arrest only with a warrant or at the direction of and in the presence of a magistrate or the judge of another court. 15-10-104. Constables shall not be subject to Chapter 8 of Title 35 relating to employment and training of peace officers. 15-10-105. (a) The General Assembly may provide by local law for the superior court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magistrate court. In the absence of local law, the selection and compensation of the clerk of magistrate court shall be as provided by subsections (b), (c), and (d) of this Code section. (b) With the consent of the clerk of superior court the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his services as clerk of magistrate court in an amount not less than $200.00 per month. Such compensation shall be retained by the clerk of superior court as his personal funds without regard to whether he is otherwise compensated on a fee basis or salary basis or both.

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(c) If the clerk of superior court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $200.00 per month. (d) If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive in addition to any other compensation to which he is entitled compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $200.00 per month. (e) The compensation of the clerk or magistrate performing the duties of clerk shall be paid in equal monthly installments from county funds. (f) The eligibility for clerk is the same as for magistrate. (g) In any case any magistrate may perform any duty to be performed by the clerk. 15-10-106. If necessary, the county governing authority may provide for the appointment by the chief magistrate of secretaries and other personnel to assist the magistrates or clerk or both. Personnel so appointed shall serve at the pleasure of the chief magistrate. The compensation of such personnel shall be fixed by the county governing authority and paid from county funds. ARTICLE 7 15-10-120. (a) Except as otherwise provided in subsection (b) of this Code section, on July 1, 1983, each of the following officers shall become a magistrate of the county in which he formerly exercised jurisdiction: (1) Each justice of the peace in office on June 30, 1983; (2) Each notary public ex officio justice of the peace in office on June 30, 1983;

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(3) Each judge of a small claims court in office on June 30, 1983; (4) Each magistrate or judge of a magistrate court in office on June 30, 1983; and (5) Each judge of the County Court of Echols County. (b) Any officer who was required to be certified under former Article 5 of this chapter, `The Georgia Justice Courts Training Council Act,' and who was not so certified as of June 30, 1983, or any officer holding over beyond the expiration of the term for which he was selected shall not so become a magistrate on July 1, 1983. (c) Each magistrate taking office on July 1, 1983, shall continue in office for a term which shall expire on the date of expiration of the term which he was serving in such other capacity. Such magistrates may thereafter be reappointed or reelected as provided in Article 2 of this chapter. However, at the expiration of the term of any magistrate other than the chief magistrate, no magistrate shall be selected to replace him unless the number of magistrates remaining in office is less than the number fixed by local law or by the judges of superior court under Code Section 15-10-20. 15-10-121. On July 1, 1983, any matter pending in the court of an officer referred to in Code Section 15-10-120 shall by operation of law be transferred to the magistrate court of the same county. Such pending matters shall be decided by the magistrate court of the county even if the magistrate court would not otherwise have jurisdiction over the case. 15-10-122. This chapter, the Act enacting this chapter, and future Acts amending this chapter shall not be construed as laws affecting municipal courts, county recorder's courts, or the civil courts of Richmond and Bibb counties. 15-10-123. Unless otherwise apparent from the context, references in local laws to justices of the peace and their courts shall be deemed on and after July 1, 1983, to refer to magistrates and magistrate courts.

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ARTICLE 8 15-10-130. This article shall be known and may be cited as `The Georgia Magistrate Courts Training Council Act.' 15-10-131. As used in this article, the term: (1) `Certified magistrate' means a magistrate judge who has the appropriate required certificate of training issued by the council and on file with the council. (2) `Council' means the Georgia Magistrate Courts Training Council. (3) `School' means any school, college, university, academy, or training program approved by the council and the Judicial Council of Georgia which offers basic, in-service, advanced, specialized, or continuing judicial training or a combination thereof, and includes within its meaning a combination of course curriculum, instructors, and facilities which meet the standards required by the council. 15-10-132. (a) There is established a council which shall be known and designated as the `Georgia Magistrate Courts Training Council' and which shall be composed of the director of the Administrative Office of the Courts or his designee, which member shall not be a voting member, and five magistrate judges, either elected or appointed, who shall be appointed by the Governor for terms of two years. (b) Membership on the council does not constitute public office and no member shall be disqualified from holding office by reason of his membership. (c) Members of the Georgia Justice Courts Training Council serving as of June 30, 1983, shall continue on and automatically become members of the Georgia Magistrate Courts Training Council with the same term and office as held on June 30, 1983. 15-10-133. Immediately and before entering upon the duties of office, the members of the Georgia Magistrate Courts Training Council shall take the oath of office and shall file the same in the office of the Judicial Council, which, upon receiving the oath of office, shall issue to each member a certificate of appointment.

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15-10-134. (a) A chairman and vice-chairman shall be elected at the first meeting of each calendar year. (b) The director of the Administrative Office of the Courts or his designee shall serve as secretary to the council. (c) A simple majority of the members of the council shall constitute a quorum for the transaction of business. (d) The council shall maintain minutes of its meetings and such other records as it deems necessary. (e) The council shall report at least annually to the Governor and to the General Assembly as to its activities. 15-10-135. The members of the council shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their functions; provided, however, that such expenses shall not exceed those allowed to members of the General Assembly. 15-10-136. The council is vested with the following functions, powers, and responsibilities: (1) To make all the necessary rules and regulations to carry out this article; (2) To cooperate with and secure the cooperation of every department, agency, or instrumentality of the state government or its political subdivisions in furtherance of the purposes of this article; (3) To approve schools and to prescribe minimum qualifications for instructors at approved schools; (4) To issue a certification to any magistrate judge satisfactorily complying with an approved training program established; (5) To do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; and

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(6) To prescribe, by rules and regulations, the minimum requirements for curricula and standards composing the initial inservice, advanced, specialized, and continuing training courses for certification. 15-10-137. (a) Any person who takes office as a magistrate on July 1, 1983, and who was certified under the former Justice Courts Training Council shall satisfactorily complete 40 hours of training prior to December 31, 1984, in order to become certified under this article. (b) Except as provided in subsection (a) of this Code Section, any person who becomes a magistrate on or after July 1, 1983, shall satisfactorily complete 40 hours of training in the performance of his duties and shall attend the first scheduled training session held after the date of his election or appointment in order to become certified under this article. (c) In order to maintain the status of a certified magistrate judge, each person certified as such who is not an active member of the State Bar of Georgia shall complete 20 hours of additional training per annum during each calendar year after the year of his initial certification in which he serves as a magistrate judge. Part 3 Section 3-1 . Code Section 5-3-29 of the Official Code of Georgia Annotated, relating to de novo appeals to superior court, is amended to read as follows: 5-3-29. An appeal to the superior court from a magistrate court or probate court, and in any other case where not otherwise provided by law, is a de novo investigation. It brings up the whole record from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not. Either party is entitled to be heard on the whole merits of the case. Section 3-2 . Code Section 5-3-31 of the Official Code of Georgia Annotated, relating to damages for frivolous appeals, is amended to read as follows: 5-3-31. If upon the trial of any appeal it shall appear to the jury that the appeal was frivolous and intended for delay only, they shall

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assess damages against the appellant and his security, if any, in favor of the appellee for such delay, not exceeding 25 percent on the principal sum which they shall find due, which damages shall be specially noted in their verdict. Section 3-3 . Subsection (a) of Code Section 9-10-5 of the Official Code of Georgia Annotated, relating to written charges of court in civil cases, is amended to read as follows: (a) The judges of the superior, state, and city courts, when counsel for either party requests it before argument begins, shall write out their charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read; provided, however, that this Code section shall not apply when there is an official court reporter in attendance thereon who records the full charge of the trial judge in the case upon the direction of the court. Section 3-4 . Code Section 9-10-180 of the Official Code of Georgia Annotated, relating to time limits for arguments of counsel, is amended to read as follows: 9-10-180. Counsel shall be limited in their arguments to two hours on a side. Section 3-5 . Subsection (b) of Code Section 9-12-86, relating to recording of judgments, is amended to read as follows: (b) No judgment, decree, or order or any writ of fieri facias issued pursuant to any judgment, decree, or order of any superior court, city court, magistrate court, municipal court, or any federal court shall in any way affect or become a lien upon the title to real property until the judgment, decree, order, or writ of fieri facias is recorded in the office of the clerk of the superior court of the county in which the real property is located and is entered in the indexes to the applicable records in the office of the clerk. Such entries and recordings must be requested and paid for by the plaintiff or the defendant, or his attorney at law. Section 3-6 . Code Section 9-13-163 of the Official Code of Georgia Annotated, relating to judicial sales of perishable property, is amended to read as follows:

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9-13-163. Whenever any personal property which is of a perishable nature or liable to deteriorate from keeping or the keeping of which is attended by expense is levied on by virtue of any fi. fa., attachment, or other process, and the defendant fails to recover possession of the same and it remains in the hands of the levying officer, upon the facts being made plainly to appear to the judge of the court from which the process has issued or to the judge of the superior court of the county or to the judge of the probate court of the county in which the levy has been made during the absence of the judge of the superior court, it shall be the duty of the judge to order a sale of the property. The sale shall be at the usual place of holding sheriff's sales for the county where the property is located. Section 3-7 . Subsections (a) and (b) of Code Section 9-13-164 of the Official Code of Georgia Annotated, relating to notice of judicial sales, are amended to read as follows: (a) The time and place of holding a sale under Code Section 9-13-163 shall be advertised at the courthouse and at two other public places at least ten days before the day of sale. (b) The judge or judge of the probate court may order a sale of livestock, fruit, or other personal property in a perishable condition, after three days' notice. Section 3-8 . Code Section 9-13-165 of the Official Code of Georgia Annotated, relating to sales of perishable property under tax fi. fas. or county court fi. fas., is amended to read as follows: 9-13-165. Whenever a tax fi. fa. is levied on property which is of a perishable nature or is liable to deteriorate in value from keeping or which is attended with expense in keeping, the same may be sold under Code Sections 9-13-163 and 9-13-164. Section 3-9 . Subsection (c) of Code Section 10-1-186 of the Official Code of Georgia Annotated, relating to stop-sale orders of adulterated brake fluid, is amended to read as follows: (c) Any brake fluid not in compliance with this part shall be subject to seizure upon complaint of the Commissioner or any of his agents, inspectors, or representatives to a superior court in the county in which said brake fluid is located. In the event the court finds that any brake fluid is adulterated or misbranded, it may order the

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condemnation of said brake fluid; and such brake fluid shall be disposed of in any manner consistent with the rules and regulations of the Commissioner and the laws of this state, provided that in no instance shall the disposition of said brake fluid be ordered by the court without first giving the claimant or owner of same an opportunity to apply to the court for the release of said brake fluid or for permission to process or label said brake fluid so as to bring it into compliance with this part. Section 3-10 . Paragraphs (3) and (4) of Code Section 15-6-8 of the Official Code of Georgia Annotated, relating to jurisdiction and powers of superior courts, is amended to read as follows: (3) To exercise appellate jurisdiction from judgments of the probate or magistrate courts as provided by law; (4) To exercise a general supervision over all inferior tribunals and to review and correct, in the manner prescribed by law, the judgments of: (A) Magistrates; (B) Municipal corporation or police courts or councils; (C) Any inferior judicature; (D) Any person exercising judicial powers; and (E) Judges of the probate courts, except in cases touching the probate of wills and the granting of letters of administration, in which a jury must be impaneled; . Section 3-11 . Code Section 15-6-51 of the Official Code of Georgia Annotated, relating to authority of clerks of superior courts to sit as clerks of other courts, is amended to read as follows: 15-6-51. Clerks of the superior courts shall be eligible to hold the office of clerk of the city or state court in the counties of their residence, on taking the oath and giving bond and security as prescribed by law. Section 3-12 . Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to additional remuneration of superior court clerks, is amended to read as follows:

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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, 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. Section 3-13 . Code Section 15-9-10 of the Official Code of Georgia Annotated, relating to vacancies in office of the judge of probate court, is amended to read as follows: 15-9-10. (a) Until a vacancy in the office of judge of the probate court is filled, the chief judge of the city or state 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

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compensation that the judge of the probate court was receiving at the time the office became vacant. Section 3-14 . Subsection (a) of Code Section 15-9-13 of the Official Code of Georgia Annotated, relating to replacement of the judge of the probate court where he is disqualified or unable to act, is amended to read as follows: (a) Whenever a judge of the probate court is disqualified to act in any case or because of sickness, absence, or any other reason is unable to act in any case, the judge of the city or state court, as the case may be, shall exercise all the jurisdiction of the judge of the probate court in the case. Section 3-15 . Subsection (a) of Code Section 15-12-4 of the Official Code of Georgia Annotated, relating to ineligibility of jurors to serve at next succeeding terms, is amended to read as follows: (a) Any juror who has served as a grand or trial juror at any session of the superior courts, state courts, or city courts shall be ineligible for duty as a juror at the next succeeding term of the court in which he has previously served. Nothing herein contained shall prevent any trial juror from serving as a grand juror at the next term of the superior court of his county. This subsection shall not apply to any court in any county wherein the grand jury box contains not exceeding 100 names and the trial jury box contains not exceeding 350 names. Section 3-16 . Subsection (a) of Code Section 16-13-46 of the Official Code of Georgia Annotated, relating to administrative inspections and warrants, is amended to read as follows: (a) Issuance and execution of inspection warrants shall be as follows: (1) A judge of the superior, state, city, or magistrate court, or any municipal officer clothed by law with the powers of a magistrate, upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting inspections authorized by this article, or rules hereunder, and seizures of property appropriate to the inspections. For purpose of the issuance of inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this article, or

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rules hereunder, sufficient to justify inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the warrant; (2) A warrant shall issue only upon an affidavit of a designated officer, drug agent, or employee of the State Board of Pharmacy having knowledge of the facts alleged, sworn to before the judicial officer and establishing the grounds for issuing the warrant. If the judicial officer is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, registrant, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. The warrant shall: (A) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof; (B) Be directed to persons authorized by Code Section 16-13-45 to execute it; (C) Command the persons to whom it is directed to inspect the area, premises, building, registrant, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified; (D) Identify the item or types of property to be seized, if any; and (E) Designate the judicial officer to whom it shall be returned; (3) A warrant issued pursuant to this Code section must be executed and returned within ten days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be provided upon request to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. A copy of the inventory shall be delivered upon request to the person from whom or from whose premises the property was taken and to the applicant for the warrant;

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(4) The judicial officer who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the superior court for the county in which the inspection was made. Section 3-17 . Code Section 17-4-40 of the Official Code of Georgia Annotated, relating to persons authorized to issue arrest warrants, is amended to read as follows: 17-4-40. Any judge of a superior, city, state, or magistrate court, or any municipal officer clothed by law with the powers of a magistrate may issue his warrant for the arrest of any offender against the penal laws, based either on his own knowledge or on the information of others given to him under oath. Any warrant for the arrest of a peace officer for any offense alleged to have been committed while in the performance of his duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court. Section 3-18 . The introductory language of subsection (a) of Code Section 17-6-3 of the Official Code of Georgia Annotated, relating to recognizance bonds for military personnel, not including the five paragraphs of the subsection, is amended to read as follows: In the case of any person engaged in military service who is charged with a misdemeanor and whose bond has been fixed at not more than $400.00 plus costs, any sheriff shall be allowed to accept, in lieu of bail, a recognizance bond executed and signed by the commanding officer of the person or the officer's lawfully delegated subordinates. Any person so charged may be taken into custody on behalf of the military installation by his commanding officer or by persons designated by the commanding officer of the military installation under the following terms and conditions: . Section 3-19 . Code Section 17-7-20 of the Official Code of Georgia Annotated, relating to courts of inquiry, is amended to read as follows: 17-7-20. Any judge of a superior or state court, judge of the probate court, magistrate, or officer of a municipality who has the criminal jurisdiction of a magistrate 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.

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Section 3-20 . Code Section 17-8-36 of the Official Code of Georgia Annotated, relating to entry of continuances on court dockets, is amended to read as follows: 17-8-36. The judges of the superior, state, and city courts shall, upon the continuance of any case, enter the date of the continuance upon their dockets opposite the case and in open court make public announcement of the continuance. Section 3-21 . Subsection (a) of Code Section 17-8-54 of the Official Code of Georgia Annotated, relating to written charges of court in criminal cases, is amended to read as follows: (a) The judges of the superior, state, and city courts shall, when the counsel for either party requests it before argument beings, write out their charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read. Section 3-22 . Paragraph (1) of Code Section 17-13-1 of the Official Code of Georgia Annotated, relating to applications for extradition of fugitives, is amended to read as follows: (1) The application for a requisition shall be made to the Governor by a district attorney, prosecuting attorney of a state court, judge of a city or state court, or the mayor of any municipal corporation of this state and must show the full name of the fugitive for whom extradition is asked, the crime charged, the state or territory to which he has fled, the full name of the person suggested to act as agent of this state to receive and convey the fugitive to this state, the agent in no case to be the prosecutor; but the Governor may, in his discretion, appoint some other suitable person as agent of this state to receive and convey the fugitive. The application must also show that the ends of public justice require that the fugitive shall be brought back to this state for trial and that the requisition is not wanted for the purpose of enforcing the collection of a debt or for any private purpose whatever but solely for the purpose of a criminal prosecution as provided by law; . Section 3-23 . Subsection (a) of Code Section 24-8-24 of the Official Code of Georgia Annotated, relating to establishment of lost or destroyed papers, is amended to read as follows:

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(a) The owner of a lost or destroyed paper which is not an office paper as defined in Code Section 24-8-20 who desires to establish the same shall present to the clerk of the superior court of the county where the maker of the paper resides, if the maker is a resident of this state, a petition in writing, together with a copy, in substance, of the paper lost or destroyed, as nearly as he can recollect, which copy shall be sworn to by the petitioner, his agent, or his attorney. Section 3-24 . Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for police officers, is amended to read as follows: 24-10-27. Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force, or any deputy sheriff who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal or police court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20.00 per diem, whichever is greater. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation, the commanding officer of the Georgia State Patrol, the chief of police, or the sheriff shall certify that the claimant has been paid no additional compensation nor given any time off on account of such service. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day.

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Section 3-25 . Code Section 31-21-20 of the Official Code of Georgia Annotated, relating to the board for distribution of dead bodies, is amended to read as follows: 31-21-20. Professors and demonstrators of anatomy and the deans of medical and dental colleges incorporated under the laws of this state shall constitute a board for the distribution and delivery of dead bodies described in Code Section 31-21-21 to and among such institutions as are entitled thereto. This board shall have power to establish rules and regulations for its governance and to appoint and remove its officers and shall keep minutes of its transactions. Records shall be kept, under its direction, of all bodies received and distributed and of the persons or institutions to whom they may be distributed, which records shall be open at all times to the inspection of members of this board, any district attorney, or prosecuting attorney of any city or state court. Section 3-26 . Code Section 36-32-3 of the Official Code of Georgia Annotated, relating to criminal jurisdiction of police and recorders' courts, is amended to read as follows: 36-32-3. All police court recorders and judges of all recorders' courts in this state shall have and are given the same powers and authorities as magistrates in the matter of and pertaining to criminal cases of whatever nature in the several courts of this state. Section 3-27 . Subsection (b) of Code Section 38-2-6 of the Official Code of Georgia Annotated, relating to ordering organized militia into active service, is amended to read as follows: (b) Whenever any judge of a superior, city, or state court, sheriff, or mayor of a municipality shall apprehend the outbreak of insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence within the jurisdiction of which such officer is by law the conservator of the peace, or in the event of disaster or other grave emergency, it shall be the duty of the judge, sheriff, or mayor, when it appears that the unlawful combination or disaster has progressed beyond the control of the civil authorities, to notify the Governor, and the Governor may then, in his discretion, if he deems the apprehension well founded or the disaster or emergency of sufficient magnitude, order into the active service of the state for such period, to such extent, and in such manner as he may deem necessary all or any part of the organized militia.

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Section 3-28 . Subsection (b) of Code Section 40-11-4 of the Official Code of Georgia Annotated, relating to liens for removal or storage of automobiles, is amended to read as follows: (b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts. Section 3-28.1 . Subsection (b) of Code Section 44-7-53, relating to answer and trial in dispossessory cases, is amended to read as follows: (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 except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. 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 3-29 . Code Section 44-7-71 of the Official Code of Georgia Annotated, relating to applications for distress warrants, is amended to read as follows: 44-7-71. When rent is due or the tenant is seeking to remove his property, the landlord, his agent, his attorney in fact, or his attorney at law may, upon a statement of the facts under oath, apply for a distress warrant before the judge of the superior court, the state court, the civil court, or the magistrate court within the county where the tenant may reside or where his property may be found. Section 3-30 . Code Section 44-7-72 of the Official Code of Georgia Annotated, relating to issuance of process regarding distress warrants, is amended 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 magistrate court before whom it was made shall grant

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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. Section 3-30.1 . Subsection (c) of Code Section 44-7-74, relating to answer and trial in dispossessory warrant cases, is amended to read as follows: (c) 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 except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. Every effort shall 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 and his property pending the final outcome of the litigation, provided that he complies with Code Section 44-7-75. Section 3-31 . Code Section 44-14-303 of the Official Code of Georgia Annotated, relating to defenses to certain mortgage foreclosures, is amended to read as follows: 44-14-303. The mortgagor may avail himself of any defense he may have to the foreclosure in the same manner and upon the same conditions as allowed by law in case of foreclosure of chattel mortgages in the superior courts. Whenever any such defense is filed by the mortgagor, the magistrate issuing the execution shall have the power and jurisdiction to hear and determine the issues made thereon as in other cases at law. Section 3-32 . Code Section 45-3-31 of the Official Code of Georgia Annotated, relating to officers' commissions, is amended to read as follows: 45-3-31. The commissions of all other civil officers except officers of magistrate courts of the state or county shall be under the

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seal of the Office of the Governor, signed by the Governor, and countersigned by one of his secretaries. All officers of the militia of the grade of lieutenant or higher shall have commissions under the seal of the office of the Governor. Section 3-33 . The first sentence of Code Section 45-11-4 of the Official Code of Georgia Annotated, relating to malpractice in office, is amended to read as follows: Any judge of the probate court or member of any board of commissioners who shall be charged with malpractice in office; or with using oppression or tyrannical partiality; or with willfully refusing or failing to preside in or hold his court at the regular terms thereof, or when it is his duty under the law to do so; or with using any other means to delay or avoid the due course or proceeding of law; or with any other conduct unbecoming the character of an upright magistrate; or who shall willfully and knowingly demand more cost than he is entitled to by law in the administration and under color of his office may be indicted. Section 3-34 . Code Section 48-4-1 of the Official Code of Georgia Annotated, relating to procedure for sales under tax executions, is amended to read as follows: 48-4-1. If the levy is made upon real or personal property, the property shall be advertised and sold as provided for fi. fas. and judicial sales. Sales under tax executions shall be made under the rules governing judicial sales. Section 3-35 . Subsection (f) of Code Section 48-5-359 of the Official Code of Georgia Annotated, relating to sales of property for taxes due municipalities, is amended to read as follows: (f) The marshal of a municipality and other officers of the municipality whose duty it is to collect the taxes and other revenues of the municipality by levy and sale shall be subject to be ruled for money in the hands of the officer arising from the public sale of any property pursuant to process issued by the municipality. Action pursuant to this Code section may be taken either in the superior court, city court, or state court in the county where the municipality is located and shall be accomplished in the same manner as sheriffs and constables are ruled for the distribution of money coming into their hands from the sale of any property.

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Part 4 Section 4-1 . The following Code sections of the Official Code of Georgia Annotated are amended by striking the terms justice of the peace and justices of the peace wherever they occur and inserting in their places the terms magistrate and magistrates, respectively: (1) Code Section 4-5-6, relating to destruction of diseased and disabled animals; (2) Code Section 9-10-113, relating to verification of pleadings; (3) Code Section 9-12-18, relating to confession of judgment; (4) Code Section 9-12-80, relating to dignity of judgments; (5) Code Section 9-15-9, relating to costs on recoveries of less than $50.00; (6) Code Section 9-15-11, relating to inclusion of costs in judgments; (7) Code Section 14-9-114, relating to acknowledgement of certificates of limited partnership; (8) Code Section 15-1-8, relating to disqualification of judicial officers; (9) Code Section 15-9-33, relating to authority of probate courts to take oaths; (10) Code Section 15-13-3, relating to demand for money collected by court officers; (11) Code Section 15-13-4, relating to grant of rule nisi; (12) Code Section 15-13-7, relating to liability of court officers to be ruled;

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(13) Code Section 15-13-8, relating to liability of court officers to be ruled; (14) Code Section 15-13-30, relating to court fees not charged to the state; (15) Code Section 19-3-30, relating to marriage licenses; (16) Code Section 19-3-39, relating to certification of marriage; (17) Code Section 19-3-42, relating to marriages performed by unauthorized officers; (18) Code Section 19-3-46, relating to penalties for performing unauthorized marriages; (19) Code Section 19-3-48, relating to penalties for performing illegal marriages; (20) Code Section 29-2-82, relating to attestation of receipts of guardians from wards; (21) Code Section 35-3-36, relating to duties of criminal justice agencies to submit data to the Georgia Crime Information Center; (22) Code Section 44-2-15, relating to attestation of registerable instruments; (23) Code Section 44-7-50, relating to dispossessory demands; (24) Code Section 44-7-51, relating to dispossessory summons; (25) Code Section 44-14-231, relating to petitions for writs of possession; (26) Code Section 44-14-300, relating to foreclosure of mortgages on personal property;

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(27) Code Section 44-14-301, relating to notice of foreclosure proceedings; (28) Code Section 45-3-5, relating to oaths of county officers; (29) Code Section 50-18-91, relating to definitions used in the Georgia Records Act; (30) Code Section 51-7-42, relating to malicious prosecution in courts of inquiry; (31) Code Section 53-7-166, relating to receipts of settlement given to administrators and executors; and (32) Code Section 53-12-152, relating to small claims against trust estates. Section 4-2 . The following Code sections and chapters of the Official Code of Georgia Annotated are stricken in their entirety and each such Code section or chapter shall be designated in the Official Code of Georgia Annotated as Reserved.: (1) Chapter 2 of Title 5, relating to appeals to juries in justice of the peace courts; (2) Code Section 5-3-1, relating to appeals from county courts and justice of the peace courts; (3) Code Section 5-3-26, relating to written defenses in appeals from justice of the peace courts; (4) Code Section 5-4-4, relating to certiorari from justice of the peace court cases tried by a jury; (5) Code Section 15-16-17, relating to service of sheriffs in justice of the peace courts; (6) Chapter 17 of Title 15, relating to constables; (7) Code Section 17-7-33, relating to billing and payment of costs of justices of the peace and constables;

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(8) Code Section 24-7-22, relating to transcripts of proceedings in justice of the peace courts; (9) Code Section 24-8-23, relating to establishment of lost papers in justice of the peace courts; (10) Code Section 36-2-5 through 36-2-7, relating to the effect on justice of the peace courts of changes in militia district lines; and (11) Chapter 8 of Title 51, relating to actions for forcible entry and detainer. Part 5 Section 5-1 . Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, is amended by striking Code Section 15-21-2, relating to payment into the county treasury, and inserting in its place a new Code section to read as follows: 15-21-2. (a) The officers of the several courts, including the prosecuting officers, shall pay into the county treasury of the county where the court is held all moneys arising from fines and forfeitures collected by them and, upon failure to do so, shall be subject to rule and attachment as in the case of defaulting sheriffs. (b) No officer shall be required to pay any money into the treasury until all the legal claims on the funds held and owned by the officer bringing the money into court in the particular case by which the funds for distribution were brought into court have been allowed and paid. Section 5-2 . Said chapter is further amended by striking Code Section 15-21-6 which reads as follows: 15-21-6. Any officer of the county court having jurisdiction for the trial of misdemeanors in any county or any notary public or justice of the peace having a like claim for costs or before whom a preliminary investigation has been conducted and also constables having a like claim for costs shall present the same to the judge of the county court in the form prescribed in Code Section 15-21-5. When an order is approved and entered on the minutes of the county court, if

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any, and if not, on a book prepared and kept by the county court, notary public, or justice of the peace for that purpose, the same shall be a warrant on the county treasurer to be paid out of any fines and forfeitures arising from proceedings in the county court, in accordance with the laws providing for the distribution of fines and forfeitures in the superior court., and inserting in its place the following: 15-21-6. Reserved. Section 5-3 . Said chapter is further amended by striking Code Section 15-21-11, relating to priorities for distribution, and inserting in its place a new Code section to read as follows: 15-21-11. Unless otherwise provided by law, money arising from fines for a violation of the penal laws or collected on forfeited recognizances in the superior courts shall be first applied to the extinguishment of the insolvent lists of the officers bringing the funds into court and then to the orders of former officers in proportion to their claims. Section 5-4 . Said chapter is further amended by striking Code Section 15-21-12 which reads as follows: 15-21-12. (a) Costs due justices of the peace and constables in the cases listed in subsection (b) of this Code section shall be paid out of fines and forfeitures upon the order of the judge of the superior court, are of equal dignity with the accounts of the officers of the superior court, and are entitled to participate pro rata upon a distribution of any funds arising from fines and forfeitures. (b) This Code section shall apply to cases: (1) When a party has been acquitted; (2) When a party is unable to pay costs; (3) In counties in which there are no county courts, when persons have been bound over by the justice of the peace or have been committed to jail in default of bail and the grand jury makes a return of `no bill';

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(4) When, after an investigation, the party has been discharged by the justice of the peace; (5) In counties where there are county courts, in felony cases; and (6) In misdemeanor cases in which an indictment has been demanded., and inserting in its place the following: 15-21-12. Reserved. Section 5-5 . Said chapter is further amended by striking Code Section 15-21-13, relating to priority of claims, and inserting in its place a new Code section to read as follows: 15-21-13. (a) All claims for fees of solicitors of city courts, sheriffs, clerks, and district attorneys shall be paid from the funds arising from fines imposed in criminal cases before any claim or order of any claimant or distributee shall be paid. (b) Nothing contained in subsection (a) of this Code section shall in any way affect the fines and forfeitures of any court whose officers are on salaries and where the fines and forfeitures are remitted to the county treasury. Section 5-6 . Said chapter is further amended by striking Article 2, relating to compensation of justices of the peace and constables in certain criminal cases, and inserting in its place the following: ARTICLE 2 Reserved. Part 6 Section 6-1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking from subsection (a) of Code Section 21-2-5, relating to qualifications of candidates, the following: , except for the office of justice of the peace,.

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Section 6-2 . Said title is further amended by striking from subsection (a) of Code Section 21-2-6, relating to qualifications of candidates for county office, the following: and for the office of justice of the peace. Section 6-3 . Said title is further amended by striking from Code Section 21-2-9, relating to election dates, the following: county officers, and justices of the peace, and inserting in lieu thereof the following: and county officers. Section 6-4 . Said title is further amended by striking from paragraph (1) of subsection (a) of Code Section 21-2-131, relating to qualification fees, the following: , except that the fee for the office of justice of the peace shall be $100.00. Section 6-5 . Said title is further amended by striking from paragraph (1) of subsection(c) of Code Section 21-2-132, relating to notice of candidacy, the following: , except that such filing shall not apply to a candidate for a militia district office (justice of the peace). Section 6-6 . Said title is further amended by striking from subparagraph (C) of paragraph (4) of Code Section 21-2-497, relating to election returns, the following: , justice of the peace,. Section 6-7 . Said title is further amended by striking from subsection (d) of Code Section 21-2-502, relating to certificates of election, the following: and justices of the peace, and by striking from said subsection (d) the following:

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or justice of the peace. Section 6-8 . Said title is further amended by striking from subparagraph (A) of paragraph (3) of Code Section 21-4-3, relating to definitions pertaining to recall, the following: except justices of the peace, and by striking from subparagraph (B) of said paragraph (3) the following: and justices of the peace. Section 6-9 . Said title is further amended by striking from paragraph (2) of subsection (b) of Code Section 21-4-12, relating to recall elections, the following: or justice of the peace, by striking from paragraph (1) of subsection (d) of said Code section the following: other than a justice of the peace, and by striking from paragraph (2) of subsection (d) of said Code section the following: or justice of the peace. Section 6-10 . Said title is further amended by striking from paragraph (1) of subsection (a) of Code Section 21-5-5, relating to campaign financial disclosure reports, the following: and justices of the peace, by striking from paragraph (3) of subsection (a) of said Code section the following: or for justice of the peace, and by striking from paragraph (5) of subsection (g) of said Code section the following:

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, county officials, or justices of the peace, and inserting in lieu of said immediately preceding stricken matter the following: or county officials. Part 7 Section 7-1 . Effective June 30, 1983, Chapter 22 of Title 15 of the Official Code of Georgia Annotated, the Courts of Limited Jurisdiction Compensation Act of 1982, is repealed in its entirety. Section 7-2 . Not later than June 15, 1983, the governing authority of each county shall fix the compensation to be received by each officer other than a probate judge who will become a magistrate pursuant to this Act. Such compensation shall not be less than the minimum compensation specified by Code Section 15-10-23 of the Official Code of Georgia Annotated enacted by this Act. The salaries so fixed shall become effective on June 30, 1983. If, however, any county governing authority fails to act under this section, it will be deemed to have fixed for such officer a salary equal to the greater of the salary he was receiving immediately prior to June 30, 1983, or the minimum specified by Code Section 15-10-23 enacted by this Act. Probate judges formerly compensated under Chapter 22 of Title 15 of the Official Code of Georgia Annotated shall, on and after June 30, 1983, continue to receive the same salary they were receiving immediately prior to that date but not less than the amount specified in Code Sections 15-9-63 through 15-9-67; and such salary shall be in lieu of any and all fees formerly received by such probate judges as compensation for their services as probate judges, which fees shall be accounted for and paid to the county treasury not less often than monthly. This section shall not prohibit any otherwise lawful local Act relating to any probate judge's or magistrate's compensation. Section 7-3 . As to any other matter which a county governing authority or judges of superior court will after July 1, 1983, be authorized to act upon under Chapter 10 of Title 15 of the Official Code of Georgia Annotated, as enacted by this Act, the county governing authority or judges of superior court may act prior to July 1, 1983, if the effective date of such action is delayed until July 1, 1983, or later.

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Section 7-4 . With respect to each officer other than a probate judge who becomes a magistrate on July 1, 1983, pursuant to Article VI, Section X, Paragraph II of the Constitution, the position or office in which such officer was formerly serving shall be abolished for all purposes immediately upon the expiration of the term of the incumbent; and no person shall be selected to fill such office thereafter. This section shall not operate to shorten the term which any such officer will serve as magistrate pursuant to said paragraph of the Constitution and shall not operate to prevent any such officer from thereafter being selected as a magistrate. Part 8 Section 8-1 . The provisions of Parts 3, 4, 5, and 6 of this Act shall wherever possible be construed in harmony with other Acts of the 1983 General Assembly. In the event of an irreconcilable conflict between the provisions of Part 3, 4, 5, or 6 of this Act and another Act of the 1983 General Assembly, the provisions of such other Act shall control over the provisions of Part 3, 4, 5, or 6 of this Act. Section 8-2 . (a) Part 7 of this Act shall become effective upon approval of this Act by the Governor. (b) Except as provided in subsection (a) of this section, this Act shall become effective July 1, 1983. Section 8-3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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ELIGIBILITY REQUIREMENTS OF PERSONS HOLDING OFFICE. Code Title 21, Chapters 2 and 3 Amended. No. 433 (House Bill No. 32). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise and update certain eligibility requirements for persons holding office in this state as required by Article II, Section II, Paragraph III of the Constitution of the State of Georgia; to revise and update certain qualifications pertaining to a person's right to register and vote as required by Article II, Section I, Paragraph III of the Constitution of the State of Georgia; to revise and correct certain references to the Constitution of the State of Georgia; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article II, Section I, Paragraph III and Article II, Section II, Paragraph III of the Constitution of the State of Georgia. Section 2 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-8 in its entirety and inserting in its place a new Code Section 21-2-8 to read as follows: 21-2-8. No person shall be eligible for party nomination for or election to public office, nor shall he perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other state, or the United States he has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude, unless such person's civil rights have been restored. In the event of the disqualification of the superintendent as

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described in this Code section, the clerk of the superior court shall act in his stead. Section 3 . Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-2-132 in its entirety and inserting in its place a new paragraph (7) to read as follows: (7) That he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored; and. Section 4 . Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-2-153 in its entirety and inserting in its place a new paragraph (7) to read as follows: (7) That he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored; and. Section 5 . Said title is further amended by striking subsections (a) and (b) of Code Section 21-2-217 in their entirety and inserting in their places new subsections (a) and (b) to read as follows: (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.'

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(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: I do swear (or affirm) that I am a citizen of the United States,

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Page 935

Section 6 . Said title is further amended by striking subsection (a) of Code Section 21-2-222 in its entirety and inserting in its place a new subsection (a) to read as follows: (a) If the answer to the question propounded to the applicant relating to the offenses enumerated in Article II, Section I, Paragraph III of the Constitution of Georgia is answered in the affirmative and the applicant has not been pardoned or the applicant has not completed his sentence, the registration officer shall reject the application. If such question is answered in the negative, the applicant shall be immediately subjected to an examination as to his qualifications. The examination of the applicant shall be conducted in accordance with the procedure prescribed in this article. Section 7 . Said title is further amended by striking Code Section 21-3-5 in its entirety and inserting in its place a new Code Section 21-3-5 to read as follows: 21-3-5. No person shall be eligible for party nomination for or election to municipal office, nor shall he perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other state, or the United States he has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude, unless such person's civil rights have been restored.

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Section 8 . Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-3-91 in its entirety and inserting in its place a new paragraph (7) to read as follows: (7) That he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored; and. Section 9 . Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-3-98 in its entirety and inserting in its place a new paragraph (7) to read as follows: (7) That he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored; and. Section 10 . This Act shall become effective July 1, 1983. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983. GENERAL ASSEMBLYOATH OF OFFICE OF MEMBERS. Code Section 28-1-4 Amended. No. 434 (House Bill No. 33). AN ACT To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General

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Assembly of Georgia, so as to provide for the oath of office of members of the General Assembly; to change the provisions relating to the administration of the oath of office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement the provisions of Article III, Section IV, Paragraph II of the Constitution of the State of Georgia. Section 2 . Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly of Georgia, is amended by striking Code Section 28-1-4, relating to the administration of the oath of office to members of the General Assembly, in its entirety and inserting in lieu thereof a new Code Section 28-1-4 to read as follows: 28-1-4. (a) In addition to any other oath prescribed by law, each Senator and Representative, before taking the seat to which elected, shall take the following oath: `I do hereby solemnly swear or affirm that I will support the Constitution of this state and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conductive to the interests and prosperity of this state.' (b) The oath of office prescribed by subsection (a) of this Code section may be administered to the members of the General Assembly by any Justice of the Supreme Court, Judge of the Court of Appeals, or judge of the superior courts. Such Justice or judge shall be procured by the person organizing each branch. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW AMENDED. Code Section 33-7-11 Amended. Code Title 40, Chapter 9 Amended. No. 435 (House Bill No. 43). AN ACT To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to motor vehicle liability and uninsured motorist insurance, so as to provide for coverage for accidents caused by unknown motorists where the unknown motorist's vehicle does not physically contact the insured's vehicle; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the Motor Vehicle Safety Responsibility Act, so as to redefine the term proof of financial responsibility; to increase the amount of liability insurance required; to provide when judgments shall be deemed satisfied; 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 33-7-11 of the Official Code of Georgia Annotated, relating to motor vehicle liability and uninsured motorist insurance, is amended by replacing paragraph (2) of subsection (b) with a new paragraph to read as follows: (2) A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown. In those cases, recovery under the endorsement or provisions shall be subject to the conditions set forth in subsections (c) through (j) of this Code section and, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured. Such physical contact shall not be required if the description by the claimant of how the occurrence occurred is corroborated by an eyewitness to the occurrence other than the claimant.

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Section 2 . Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the Motor Vehicle Safety Responsibility Act, is amended by striking paragraph 5 of Code Section 40-9-2, relating to definitions, and inserting in its place a new paragraph to read as follows: (5) `Proof of financial responsibility' means: (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 $15,000.00 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 $30,000.00 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 Chapter 34 of Title 33, the `Georgia Motor Vehicle Accident Reparations Act. Section 3 . Said chapter is further amended by striking subsection (a) of Code Section 40-9-37, relating to requirements for certain liability insurance policies, and inserting in its place a new subsection to read as follows: (a) No liability insurance policy shall be effective under Code Section 40-9-34 unless issued by an insurance company authorized to do business in this state, except as provided in subsection (b) of this Code section, and 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 $15,000.00 because of bodily injury or death of one person in any one accident and, subject to such limit for one person, to a limit of not less than $30,000.00 because of bodily injury or death to two or more persons in any one accident and, if the accident has resulted in injury 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 4 . Said chapter is further amended by striking Code Section 40-9-62, relating to duration of suspension of license, and inserting in its place a new Code Section 40-9-62 to read as follows:

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40-9-62. (a) A driver's license, vehicle registration, or nonresident's operating privilege suspended pursuant to Code Section 40-9-61 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of the judgment debtor, whether or not he was previously licensed, unless and until every such judgment is stayed, or satisfied in full or to the extent provided in subsection (b) of this Code section, subject to the exceptions provided in this article. (b) Judgment referred to in this article shall, for the purpose of this chapter only, be deemed satisfied: (1) When $15,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; (2) When, subject to such limit of $15,000.00 because of bodily injury to or death of one person, $30,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or (3) When $10,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident. (c) Notwithstanding the provisions of subsection (b) of this Code section, a judgment referred to in this article, which is based upon an accident which occurred prior to January 1, 1984, shall be deemed satisfied: (1) When $10,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; or (2) When, subject to such limit of $10,000.00 because of bodily injury to or death of one person, $20,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or

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(3) When $5,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident. (d) Payments made in settlement of any claims because of bodily injury, death, or property damage arising from the accident shall be credited in reduction of the amounts provided for in this subsection. Section 5 . Sections 2 through 4 of this Act shall become effective on January 1, 1984. All other provisions of this Act shall become effective July 1, 1983. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983. STATE BOXING COMMISSION CREATED. Code Title 31, Chapter 31 Enacted. No. 436 (House Bill No. 50). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a State Boxing Commission; to provide for its membership, meetings, powers, and duties; to provide for certain licenses; to provide for fees; to assign the commission to the Department of Human Resources for administrative purposes; to provide for penalties; to provide effective dates; to provide for the repeal of this Act on a certain 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 31 to read as follows: CHAPTER 31 31-31-1. As used in this chapter, the term: (1) `Applicant' means any person, firm, or corporation promoting or holding a professional boxing match in Georgia. (2) `Commission' means the State Boxing Commission. (3) `Local license' means any license required to be obtained from a county or municipality in order to hold a professional boxing match within such county or municipality. 31-31-2. (a) The State Boxing Commission is created which shall have concurrent jurisdiction with county and municipal governments to license the promotion or holding of each professional boxing match promoted or held within this state. (b) The commission shall be composed of three members appointed by the Governor. All original appointments shall be for initial terms of two years and subsequent appointments shall be for terms of four years. Vacancies shall be filled for the unexpired term under the same procedures and requirements as appointments for full terms. (c) The commission shall elect a chairman from among its own membership for a term of two years, and successor chairmen shall hold office for terms of two years. The commission may elect a vice-chairman from its membership for such term as the commission may determine. Any member serving as chairman shall be eligible for successive election to such office by the commission. (d) Each member of the commission shall be reimbursed for expenses and travel as provided for members of various state examining boards in subsection (f) of Code Section 43-1-2 but such reimbursement shall not exceed $44.00 per day, per member.

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31-31-3. Before any person, firm, or corporation shall promote or hold a professional boxing match within the state, it shall first be necessary to obtain, in addition to any local license that may be required, a state license from the commission. The applicant shall make application to the commission on a form provided for such purpose by the commission. The application shall be accompanied by a cashier's check made out to the State Boxing Commission. The amount of the check shall be determined by the commission, but the amount, which shall be a nonrefundable fee, shall not be less than $150.00. The chairman of the commission, upon receiving the application and check along with proof that any required local license has been issued to the applicant, shall, within ten days of receiving same, call a meeting of the commission for the purpose of approving or rejecting the application. The application shall also be accompanied by a performance bond in such amount as the commission may require. At the discretion of the commission, the fee or any portion thereof may be waived if the major portion of the gross receipts of any boxing match goes to charity. The meeting shall be held at a place designated by the chairman within 20 days of the chairman's call. 31-31-4. (a) The commission shall meet on call of the chairman or upon the call of any two members and shall decide by majority vote whether or not to issue any state license requested. The commission is authorized to inquire into the financial backing of any professional boxing match and to obtain answers to written or oral questions propounded to the applicant or others associated with such match. The commission shall not issue the requested state license unless: (1) Any required local license has first been issued to the applicant, which local license remains valid and unrevoked; and (2) The commission has determined, on the basis of facts submitted or available to it, that no harm to the health, welfare, morals, or safety of the citizens of Georgia will result from the holding of such match. (b) The commission may, by majority vote, after prior notice to the holder of the state license and after affording such holder an opportunity to be heard on the question of revocation of the state license, revoke the state license. 31-31-5. (a) It shall be unlawful for any person, firm, or corporation to promote or hold any professional boxing match without

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having first obtained a state license from the commission or to continue to promote or to hold such match without valid, current state and required local licenses covering such match. (b) Violations of this chapter shall be punished as for a misdemeanor. (c) The commission shall adopt rules and regulations to enforce the provisions of this chapter. 31-31-6. The commission shall be assigned to the Department of Human Resources for administrative purposes only, as provided in Code Section 50-4-3, relating to assignments for administrative purposes. Section 2 . This Act shall become effective on July 1, 1983, for administrative purposes and for the purposes of the appointment of the members of the State Boxing Commission to take office on January 1, 1984. This Act shall be effective for all purposes on January 1, 1984. Section 3 . This Act shall stand repealed in its entirety on June 30, 1986, notwithstanding the terms of office of the members of the State Boxing Commission established by subsection (b) of quoted Code Section 31-31-2 of Section 1 of this Act. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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CONVICTED FELONSRELIEF FROM RESTRICTIONS ON POSSESSION OF FIREARMS IN CERTAIN CASES. Code Section 16-11-131 Amended. No. 437 (House Bill No. 68). AN ACT To amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the unlawful possession of firearms by convicted felons, so as to change the provisions relating to the granting of relief from the disabilities imposed by this Code section; 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 16-11-131 of the Official Code of Georgia Annotated, relating to the unlawful possession of firearms by convicted felons, is amended by striking subsection (d) 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 person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the applicant

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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. 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 repealed. Approved March 18, 1983. STATE LICENSED AND BONDED WAREHOUSESFINANCIAL STATEMENTS OF LICENSEES AND APPLICANTS, ETC. Code Title 10, Chapter 4 Amended. No. 438 (House Bill No. 89). AN ACT To amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to state licensed and bonded warehouses, so as to remove an exemption from the provisions of said article; to require licensees and applicants to submit certain financial statements; to change the amount of certain required bonds; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to state licensed and bonded warehouses, is amended by striking Code Section 10-4-4, relating to exemptions, and inserting in its place a new Code section to read as follows: 10-4-4. (a) The provisions of this article shall not be construed to apply to: (1) Any warehouse licensed under the United States Warehouse Act, as amended, if the licensee has in effect a federal bond in an amount not less than the amount of the bond which would be required under subsections (a) and (b) of Code Section 10-4-12; or (2) Any warehouse kept or maintained by any warehouseman on the premises of any other person under a contract between the warehouseman and the other person for the primary purpose of storage therein of agricultural products of the other person, provided that no agricultural products are stored therein for the account of any producer other than the other person; provided, however, that such warehouseman may come under this article at his option. (b) Any person, firm, corporation, or association storing peanuts, cottonseed, or tobacco may be required only, at his or its option, by application, to qualify and come under this article. Section 2 . Said article is further amended by adding at the end of Code Section 10-4-10, relating to annual licenses, a new subsection (c) to read as follows: (c) (1) Each applicant for a license or renewal shall furnish with his application a current financial statement which shall include: (A) A balance sheet; (B) A profit and loss statement of income; (C) A statement of retained earnings; and

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(D) A statement of changes in financial position. (2) The chief executive officer for the business shall certify under penalties of perjury that the statements as prepared accurately reflect the financial condition of the business as of the date named and fairly represent the results of operations for the period named. (3) Each applicant shall have the financial statements required in paragraph (1) of this subsection audited by an independent certified public accountant. Alternatively, financial statements audited or reviewed by an independent public accountant will be accepted with the understanding that the applicant will be subject to an additional on-site examination by the Commissioner and to an audit by the Commissioner. Audits and reviews by independent certified public accountants and independent public accountants specified in this Code section shall be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on such statements, if any, shall be furnished along with the statements. Applicants who cannot immediately meet these requirements may apply to the Commissioner for a temporary waiver of this provision. The Commissioner may grant such waiver for a temporary period not to exceed 180 days if the applicants can furnish evidence of good and substantial reasons therefor. Section 3 . Said article is further amended by striking Code Section 10-4-12, relating to bonds, and inserting in its place a new Code section to read as follows: 10-4-12. (a) Every person intending to engage in business as a warehouseman under this article shall, prior to commencing such business and periodically thereafter as the Commissioner shall require, execute and file with the Commissioner a good and sufficient bond to the state to secure the faithful performance of his obligation as a warehouseman under the terms of this article and the rules and regulations prescribed under this article, such bond to be computed in direct ratio to the licensed storage capacity of the warehouse bonded. The Commissioner shall have authority to fix the bond for any part of licensed storage capacity of the warehouse being used; but in no event shall the amount of the bond be required to exceed 12 percent of the value of the products stored and the bond shall be in such form and

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amount and shall have such surety or sureties, subject to service of process in actions on the bonds with this state, as the Commissioner may prescribe; provided, however, the minimum bond to be posted for each warehouse shall be $20,000.00 and the maximum bond to be required for each warehouse shall be $150,000.00. (b) If a warehouseman is also a grain dealer, the amount of the required bond shall be the greater of the bond required by subsection (a) of this Code section or the bond required under Code Section 2-9-34 for grain dealers who are not licensed under this article. (c) Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, he may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by a written demand therefor, the license of such warehouseman shall be suspended or revoked, in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Code Section 10-4-6 and 10-4-7 shall apply to this as well as all other Code sections of this article. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983. TEACHERS RETIREMENT SYSTEMBENEFICIARIES AS TEACHERS' AIDES OR SUBSTITUTES. Code Section 47-3-127 Amended. No. 439 (House Bill No. 138). AN ACT To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so

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as to authorize a retired teacher to elect to return to service as a classroom aide or substitute teacher and still receive retirement benefits; 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 of Georgia, is amended by adding at the end of Code Section 47-3-127, relating to the effect of restoration to service as a teacher, a new subsection (d) to read as follows: (d) Anything in this chapter to the contrary notwithstanding, a beneficiary may elect to return to service on an hourly basis as a classroom aide, provided such service is less than full time, or as a substitute teacher without reinstating his membership in the system. If such election is made, he shall continue to receive his retirement benefits and any postretirement benefit adjustments granted, if any, during such part-time service. Such part-time service shall not constitute creditable service and such beneficiary shall not be entitled to a recomputation of retirement benefits upon a cessation of part-time service. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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STATE MEDICAL EDUCATION BOARD CREATEDORGANIZATION, POWERS, ETC. Code Title 20, Chapter 3 Amended. No. 440 (House Bill No. 159). AN ACT To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to create the State Medical Education Board as the successor to and a continuation of the heretofore existing State Medical Education Board; to provide for a secretary and treasurer of the board and for clerical assistance; to provide for a chairman and other officers and for meetings; to provide for loans and scholarships and for requirements in connection therewith; to provide for certain contracts; to provide for certain arrangements with certain medical colleges; to provide for the cancellation of contracts under certain conditions; to provide for funding; to provide for reports; to provide for a statement of purpose; to provide 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 . Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by striking Part 6, which reads as follows: Part 6 20-3-510. The State Medical Education Board and its functions are continued. The State Medical Education Board is assigned to the board of regents for administrative purposes only as prescribed in Code Section 50-4-3., in its entirety and substituting in lieu thereof a new Part 6 to read as follows:

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Part 6 20-3-510. (a) The State Medical Education Board is created which shall consist of seven members appointed by the Governor who shall be qualified electors of the State of Georgia. The State Medical Education Board (hereinafter referred to as `board') created by this Code section shall be the successor to and a continuation of the heretofore existing State Medical Education Board. The members of the board in office on July 1, 1983, shall serve out the remainder of their respective terms. The Governor shall appoint two additional members to take office on July 1, 1983, for terms expiring on April 1, 1987. Thereafter, as the term of office of each member expires, the Governor shall appoint their successors for a term of four years and until their successors are appointed and qualified. Vacancies shall be filled by appointment by the Governor for the unexpired term. (b) The board shall elect annually a chairman and also a vice-chairman to serve in the absence or inability of the chairman. The board shall maintain an office in Atlanta, Georgia, and shall meet at said office or elsewhere at least once each year at such time as may be fixed by the board. Special meetings shall be held upon call of the chairman. Four members of the board shall constitute a quorum for the transaction of business, and the board shall keep full, complete, and permanent minutes and records of all its proceedings and actions. (c) For attending meetings of the board and for traveling in carrying out their official duties, the members of the board shall receive the compensation and allowances specified by Code Section 45-7-21. 20-3-511. (a) The secretary of the board shall be whosoever is serving as the secretary of the board of regents, and the secretary shall keep the records and minutes of the proceedings of the board and the books, records, and accounts of the board. The secretary's compensation shall be fixed by the board. The secretary shall also be the treasurer of the board and shall keep an account for all the funds of the board. The secretary shall execute and file with the board a surety bond in the sum of $10,000.00, payable to the State of Georgia, and conditioned upon the faithful performance of duties and properly accounting for all funds coming into said officer's hands as secretary and treasurer. The premium on such bond shall be paid out of the funds of the board.

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(b) The board may employ clerical assistance as is required and their compensation shall be fixed by the board. 20-3-512. (a) It shall be the duty of the board to receive and pass upon, allow or disallow all applications for loans made to or scholarships given students who are bona fide citizens and residents of the State of Georgia and who desire to become doctors of medicine and who are acceptable for enrollment in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Composite State Board of Medical Examiners of Georgia. The purpose of such loans shall be to enable such applicants to obtain a standard four-year medical education which will qualify them to become licensed to practice medicine in the State of Georgia. It shall be the duty of the board to make a careful and full investigation of the ability, character, and qualifications of each applicant and determine the applicant's fitness to become the recipient of such loan or scholarship, and for that purpose the board may propound such examination to each applicant which it deems proper. The said board may also prescribe such rules and regulations as it deems necessary and proper to carry out the purpose and intention of this part. The investigation of the applicant shall include an investigation of the ability of the applicant, and of the parents of such applicant, to pay his or her own tuition at such medical school, and the board in granting such loans and scholarships shall give preference to qualified applicants who, and whose parents, are unable to pay the applicant's tuition at such a medical school. (b) The board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same a loan or scholarship on a one-year renewable basis for the purpose of acquiring a standard four-year medical education, upon such terms and conditions as in the judgment of the board may be necessary or desirable. The board is authorized to consider, among other criteria, the home area of the student and the likelihood, if determinable, that the student will practice medicine in an area of this state which may entitle the student to repay the loan through services rendered as provided in this part.

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20-3-513. Applicants who are granted loans or scholarships by the board shall receive a loan or scholarship not to exceed $24,000.00 with which to defray the tuition and other expenses of any such applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Composite State Board of Medical Examiners of Georgia. The loans and scholarships shall be paid in such manner as the board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a board approved community in Georgia of 15,000 population or less according to the United States decennial census of 1980 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Human Resources or at any facility operated by or under the jurisdiction of the Department of Offender Rehabilitation. For each year of practicing his or her profession in such board approved location, the applicant shall receive credit, with the interest due thereon, for the amount of the scholarship received during any one year in medical school. 20-3-514. (a) Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia agreeing to the terms and conditions upon which the loan or scholarship is granted, which contract shall include such terms and provisions as will carry out the full purpose and intent of this part. The form of such contract shall be prepared and approved by the Attorney General, and each contract shall be signed by the chairman of the board, countersigned by the secretary, and shall be signed by the applicant. For the purposes of this part the disabilities of minority of all applicants granted loans or scholarships pursuant to this part are removed, and the said applicants are declared to be of full lawful age for the purpose of entering into the contract provided for in this Code section and such contract so executed by an applicant is declared to be a valid and binding contract the same as though the said applicant

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were of the full age of majority. The board is vested with full and complete authority to bring an action in its own name against any applicant for any balance due the board on any such contract. (b) The board shall have the authority to cancel the contract of any applicant at any time for cause deemed sufficient by the board. Upon cancellation of the contract for any cause whatsoever, including default or breach thereof by the applicant, the total uncredited amount of the scholarship paid to the applicant shall at once become due and payable to the board in cash with interest at the minimum rate of 12 percent per annum from the date of each payment by the board and compounded annually to the date the scholarship or loan is paid in full. The board is authorized to increase annually said rate of interest due on loans granted to new recipients; provided, however, that the increased rate of interest shall not exceed by more than 2 percent the prime rate published by the Board of Governors of the Federal Reserve System and in effect at the time of the increase. 20-3-515. It shall be the duty of the board to make inquiry of such four-year medical schools as it deems proper and make arrangements, within the limitations as to cost as provided for in Code Section 20-3-513, for the payment of tuition or matriculation fees of enrolled students granted loans or scholarships by the board. 20-3-516. The funds necessary for the loans or scholarships provided for by this part and to administer the terms of this part shall come from funds made available to the board from appropriations to the board of regents for medical scholarships or other purposes. The State Medical Education Board shall be assigned to the board of regents for administrative purposes only. 20-3-517. The board shall make a biennial report to the General Assembly of its activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those receiving the same, the location of the applicants who have received their education and become licensed to practice medicine within this state, and where they are practicing, and shall make a full report of all its expenditures for loans or scholarships and expenses incurred pursuant to this part. 20-3-518. It is the purpose and intent of this part to bring about an adequate supply of persons licensed to practice medicine in the more sparsely populated areas of the State of Georgia by increasing

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the number of medical students from Georgia in the various medical schools and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983. SUPREME COURTTERMS, DIVISIONS, PROCEDURE, RECORDS, MINUTES, ETC. Code Title 15, Chapter 2 Amended. No. 441 (House Bill No. 580). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the Supreme Court may extend its terms by rule or order; to repeal provisions relating to the Supreme Court sitting in divisions; to provide that four Justices shall constitute a quorum; to provide alternative methods of recording the court's proceedings; to provide for a judicial council of Georgia; 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 striking subsection (b) of Code Section 15-2-4, relating to the place of sessions and the terms of the Supreme Court, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

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(b) Unless the Supreme Court by rule or order chooses to extend its terms of court, the terms shall be as follows: (1) January term beginning the first Monday in January; (2) April term beginning the first Monday in April; and (3) September term beginning the first Monday in September. Section 2 . Said title is further amended by striking Code Sections 15-2-10 through 15-2-15, relating to procedures by which the Supreme Court may sit in divisions, which Code sections read as follows: 15-2-10. As used in Code Section 15-2-11 through 15-2-15, the term `court as a whole' means the Supreme Court when not sitting or acting in divisions, and such court shall consist of four or more Justices. 15-2-11. The court may, in its discretion, sit either for the hearing or for the decision of cases as a whole, of which not less than four Justices shall constitute a quorum or, for like purposes, in separate divisions of at least three Justices each. Whenever three Justices are assigned to a division, two of them shall constitute a quorum for that division. 15-2-12. (a) It shall be the duty of the Chief Justice to separate the court into two divisions, designating which Justices shall compose each. The personnel of each division, under the direction of the Chief Justice and in accordance with such rules as the court may prescribe, shall be changed from time to time so that the two divisions will not become permanent in their constituency. (b) The division of which the Chief Justice is a member shall be known and distinguished as the `First Division,' and he shall be its Presiding Justice. The other division shall be known and distinguished as the `Section Division,' and its Presiding Justice shall be designated by the Chief Justice. (c) Whenever the Chief Justice is absent or disqualified, any duty devolving specially upon him shall be performed by the Presiding Justice who has been elected pursuant to Article VI, Section VI, Paragraph I of the Constitution of this state.

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15-2-13. Either division of the court shall have the power to issue the writ of mandamus or to take any other action necessary to the perfection of records, according to the practice of the court. Either division may render a final judgment in any case argued before it, and the judgment shall have the same force and effect as if rendered by the court as a whole. Nevertheless, the court shall, as far as practicable, endeavor so to conduct its proceedings as to have the concurrence of all the Justices in all judgments rendered except in cases where there is an express dissent upon the part of one or more of them. 15-2-14. Every case argued before either division may be considered and decided by the court as a whole, or any one or more Justices of the other division may participate in the decision thereof without further argument. Where, for any reason, a case is heard in a division by only two Justices, the Chief Justice shall direct one or more Justices of the other division to participate in deciding it or direct that it be decided by the court as a whole. 15-2-15. Whenever any Justice in a division differs from the other two Justices as to any particular case pending before the division, the case shall go to the court as a whole for decision. Whenever the court as a whole decides a case which has been argued before one division only, it may, upon its own motion, but not otherwise, order a reargument therein., in their entirety. Section 3 . Said title is further amended by striking subsection (a) of Code Section 15-2-16, relating to reversal and affirmative of cases, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) In all cases decided by the Supreme Court, the concurrence of a majority of the Justices shall be essential to a judgment of reversal. If the Justices are evenly divided, the judgment of the court below shall stand affirmed. In all cases decided by the court, with at least a quorum but less than seven Justices, the concurrence of at least four shall be essential to the rendition of a judgment; and, if only four Justices act upon a case and they are evenly divided, the case shall be reargued before a full bench, if possible, before the term closes; and, if not possible, the judgment of the court below shall stand affirmed.

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Section 4 . Said title is further amended by striking Code Section 15-2-17, relating to the rules promulgated by the Supreme Court, in its entirety and substituting in lieu thereof a new Code Section 15-2-17 to read as follows: 15-2-17. The Supreme Court shall have full power and authority to make all rules, not in conflict with the Constitution or laws of this state, as may be necessary for carrying the Constitution into effect and regulating the court's proceedings thereunder. To these ends it may, by rules, provide and declare when the court shall sit, how its minutes shall be kept, and how the cases upon its dockets shall be apportioned; and it generally may make all regulations as to practice and procedure which experience may show to be convenient and expedient for the proper transaction of its business, with due regard to the rights of the parties and counsel concerned. Section 5 . Said title is further amended by striking paragraph (3) of Code Section 15-2-43, relating to duties of the clerk, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) To keep fair and regular minutes of the court's proceedings, a record of its judicial acts, a docket of its cases, and such other books as the court may require;. Section 6 . Said title is further amended by striking in its entirety Code Section 15-5-20, which reads as follows: 15-5-20. (a) There is created the Judicial Council of the State of Georgia. The council shall be composed of 11 members, nine of whom shall be judges of courts of record of the state. The two remaining members shall be the president of the State Bar and the immediate past president of the State Bar. The initial nine judicial members of the council shall be appointed by the Governor, with three initial members being appointed for a term of four years, three initial members being appointed for a term of three years, and three initial members being appointed for a term of two years. Immediately prior to the expiration of a member's term of office as a member, the council shall elect a new member to succeed the member whose term is expiring. Following the terms of the initial members who took office on May 1, 1973, the term of office of each judicial member of the council shall be for a period of four years. Members of the council shall take office on May 1 following their election by the council. No

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judicial member of the council shall be eligible to succeed himself for a consecutive term as a member. The president and immediate past president of the State Bar shall serve as members of the council only during their tenure as president or immediate past president of the State Bar. (b) In the event a vacancy occurs in the judicial membership of the council as a result of the death, resignation, retirement, removal, or failure of reelection as a judge of a court of record, 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 the vacancy shall take office immediately upon his election. (c) The 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 desires. 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., and inserting in lieu thereof a new Code Section 15-5-20 to read as follows: 15-5-20. (a) The Supreme Court shall create a judicial council of Georgia, which council shall have such powers, duties, and responsibilities as may be provided by law or as may be provided by rule of the Supreme Court. (b) Members of the council and their terms shall be as provided by the Supreme Court. 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 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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JUDGESEXERCISE OF JUDICIAL POWERS OUTSIDE THEIR OWN COURTCIRCUMSTANCES AND PROCEDURES. Code Title 15, Chapter 1 Amended. No. 442 (House Bill No. 581). AN ACT To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for courts, so as to provide the circumstances and procedures for the exercise of judicial powers by judges outside their own court upon the disqualification, disability, illness, or absence of a resident judge of a court or upon a request for temporary assistance; to provide that such procedures shall be supplementary to other laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for courts, is amended by inserting after Code Section 15-1-9 a new Code Section 15-1-9.1 to read as follows: 15-1-9.1. (a) As used in this Code section, the term: (1) `Chief judge' means the judge most senior in time of service or, if applicable, the judge to whom the administrative duties of a court have been assigned. (2) `Judge' includes Justices, judges, senior judges, magistrates, and every other such judicial office of whatever name existing or created. (b) The chief judge of any court of this state may make a written request for assistance to the chief judge of any other court, a senior judge of the superior court, a retired judge, or a judge emeritus of any court. The request by the chief judge may be made if one of the following circumstances arise:

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(1) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (2) A judge of the requesting court is unable to preside because of disability, illness, or absence; or (3) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges. (c) The written request for judicial assistance shall identify the chief judge to whom the request is directed and the court, the county, the time period, and, if applicable, the specific case or cases for which the assistance is sought. A chief judge of a requesting court or assisting court shall be presumed to act with the consent of all judges of the court. However, if a judge of a court shall insist, all judges of that court shall vote upon whether to ratify the action taken by the chief judge under this Code section. (d) If the chief judge is unable because of disability, illness, or absence to make a request for assistance, a majority of the judges of the court may make such a request for him. If a court is served by only one judge who, himself, is unable to make a request because of disability, illness, or absence, or when the judge or judges of the court fail to procure assistance in the event of the absence, illness, disability, or disqualification of one of the judges, and it is satisfactorily made to appear to the Governor that any regular or special term of any court will not be held or continued in session because of such failure to procure assistance, the Governor shall name and assign a judge to hold the regular or special term of such court. However, no judge shall be named or assigned to hold court when the time fixed by law for holding the term of court conflicts with the holding of any regular or special term already called by him in his own court. (e) The chief judge of the court receiving a request for assistance shall designate a judge to preside as requested. The designated judge may consent to preside in the requesting court provided he is otherwise qualified to serve as a judge in the requesting court. The qualifications of residency within a particular political or geographic subdivision of the state shall not apply to a designated judge. The designation and its acceptance or rejection shall be made in writing and delivered to the judge requesting assistance.

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(f) A copy of each request, designation, and acceptance or refusal of assistance shall be filed and recorded on the minutes of the clerk of the court requesting assistance. Any amendment to the request or extension of the assistance shall be written, filed, and recorded as is the original request and the acceptance of assistance. (g) A judge rendering assistance in accordance with this Code section shall discharge all the duties and shall exercise all of the powers and authority of a judge of the court in which he is presiding. (h) The governing authority responsible for funding the operation of the requesting court shall bear the expenses of the judge rendering assistance in accordance with this Code section, except that such judges presiding in the appellate or superior courts in accordance with this Code section shall be compensated by state funds appropriated or otherwise available for the operation of these courts. (i) Senior judges of the superior courts shall receive the amount of compensation and payment for expenses as provided by subsection (d) of Code Section 47-8-64. All other judges rendering assistance in accordance with this Code section shall be entitled to actual travel and lodging expenses, but shall not be entitled to any additional compensation for this assistance. (j) The court reporter, support personnel, facilities, equipment, and supplies necessary to perform the duties requested shall be provided to any judge rendering assistance in accordance with this Code section by the requesting court, unless otherwise agreed. (k) This Code section shall be supplementary to other laws relating to the authorization of replacement judges. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1983.

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ELECTIONSREIMBURSEMENT OF EXPENSES TO COUNTIES IN CERTAIN CASES, ETC. Code Title 21, Chapters 2 and 3 Amended. No. 443 (House Bill No. 622). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that counties shall be reimbursed for all or part of the expenses necessitated by Code Section 21-2-261.1 from funds appropriated to the Secretary of State for such purposes; to provide for the reopening of qualification for office upon the death of a candidate in nonpartisan municipal 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety Code Section 21-2-264, relating to appropriation of funds to the Secretary of State for counties to implement the requirements of Code Section 21-2-261.1, and substituting in lieu thereof a new Code Section 21-2-264 to read as follows: 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 for purposes of meeting the requirements of Code Section 21-2-261.1. Upon the filing of a written request by the election officials of any qualified county, a qualified county shall be reimbursed for all reasonable expenses incurred by such county which are directly related to the redrawing of voting precinct boundaries, verification of voting precinct residency, notification of voter precinct and polling place changes, and compilation and preparation of the electors list as necessitated by Code Section 21-2-261.1; provided, however, that such reimbursement of costs shall not exceed 25[UNK] per registered voter whose name appeared on such county's electors list as of January 1, 1982. Any qualified county seeking reimbursement of

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such costs shall present an itemized description of such costs to the Secretary of State. If the Secretary of State, after a review of the report of such costs incurred by a county, shall find that all or portions of such costs were reasonable and were directly related to the preparation of such descriptions and lists, he shall approve all of those parts of the costs deemed reasonable and shall reimburse the counties for such expenses. Any state funds necessary to carry out the provisions of this subsection shall come only from those funds appropriated to the Secretary of State specifically for the purpose of implementing the provisions of Code Section 21-2-261.1. If such funds are not sufficient to bear completely the cost of fully implementing the provisions of Code Section 21-2-261.1, payment to the counties seeking assistance and payment shall be made on a pro rata basis subject to the availability of appropriated funds. Section 2 . Said title is further amended by striking in its entirety Code Section 21-3-94, relating to reopening of qualification for office upon the death of a candidate in nonpartisan municipal elections, and substituting in lieu thereof a new Code Section 21-3-94 to read as follows: 21-3-94. (a) In the event of the death of a candidate prior to the date of a nonpartisan election which causes only one person to be a candidate for the office, the governing authority may reopen qualification for the office sought by the deceased candidate for a period of not less than one nor more than three days. (b) In the event of the disqualification of the sole remaining candidate prior to the date of a nonpartisan election, the governing authority may reopen qualification for the office sought by the disqualified candidate for a period of not less than one nor more than three days. 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 18, 1983.

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LAND CONVEYANCE TO CITY OF ADAIRSVILLE. No. 17 (House Resolution No. 15). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Adairsville; 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 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, less and except the Depot lot, containing 1.57 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. 3 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.; and WHEREAS, the above-mentioned property has been utilized by the city as a community park and main street with parking facilities for numerous years; 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, the City of Adairsville is desirous of obtaining all of the above-described real property in order to make improvements to the downtown area. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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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: (1) 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; and (2) the City of Adairsville providing a current plat of survey, approved by the State Properties Commission, prepared by a Georgia registered land surveyor, depicting the exact area to be conveyed, less and excepting the Depot lot. Section 3 . That the above-described real property shall be sold and conveyed by appropriate instrument to the City of Adairsville by the State of Georgia, acting by and through the State Properties Commission, for a consideration 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 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. Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 18, 1983. LAND CONVEYANCE TO BROOKS COUNTY. No. 19 (House Resolution No. 66). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Brooks County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of certain real property located within Brooks County, Georgia; and WHEREAS, the said real property, now administered by the Georgia Forestry Commission, comprises approximately.306 acre and is more particularly described as All that parcel, approximately 340[UNK]x40[UNK], outlined in red, shown on a plat prepared by the State of Georgia Department of Transportation, Project P.R.N. 122-1(027) Brooks County, dated March 19, 1982, surveyed by Willis on file in the office of the director of the Georgia Forestry Commission.; and WHEREAS, the State of Georgia purchased property in 1958 from Brooks County, of which the above-mentioned parcel is part; and WHEREAS, the Georgia Forestry Commission utilizes such property for public purposes as an office and shop site; and WHEREAS, Brooks County is desirous of obtaining all of the above-described said real property to improve the right of way and entrance to the state facility; and WHEREAS, the above-described property in Brooks County is not 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 Brooks County by the

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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 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. Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 29, 1983. LAND CONVEYANCE TO THE HEIRS OF W. R. TUCKER AND OTHERS. No. 23 (House Resolution No. 14). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Dawson County; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property within Dawson County, Georgia; and

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WHEREAS, the said real property, now administered by the Georgia Forestry Commission, comprises approximately 1.3 acres, more or less, and is more particularly described as follows: All that tract or parcel of land lying and being in the northwest corner of original Lot of Land Number Four Hundred Eighty-eight (488), in the Fourth (4th) District and First (1st) Section of Dawson County, Georgia, containing 1.30 acres, more or less; and bounded as follows: Beginning at an iron stake at the original northwest corner of said lot, thence running south along the original west line of said lot a distance of 106 feet to the northeast right-of-way boundary of State Highway No. 153, thence running southeastward along said highway right-of-way boundary a distance of 282 feet to an iron stake on said highway right-of-way boundary, thence running north, 55 degrees and 15 minutes east, along a straight marked line a distance of 255 feet to the center of Gold Mine Branch, thence running northwestward up the center of said Branch, with its meanders, to the north original line of said Lot No. 488; and thence running west along the north original line of said lot a distance of 103 feet to the point of beginning.; and WHEREAS, the State of Georgia purchased the property from Mr. W. R. Tucker in 1955 for the sum of $1.00 and other valuable consideration; and WHEREAS, the Georgia Forestry Commission has used such property since 1955 for public purposes; and WHEREAS, the heirs of Mr. W. R. Tucker and certain others are desirous of obtaining all of said real property; and WHEREAS, the above described real property is no longer needed by the Georgia Forestry Commission or the State of Georgia and is therefore surplus. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, by its chairman, the Governor, acting for and on behalf and in the name of the State of Georgia, is authorized and empowered to convey

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by appropriate instrument the hereinabove described state owned property to the following: (1) Myrtie Vera Turner, an individual; (2) Harold M. Hendrix, an individual; (3) Edgar George David, Jr., and Nancy Noblin, Executors of the Estate of Annie M. Anderson; and (4) Myrtie Vera Turner and Clinton W. Turner, Executors of the Estate of Mamie O. Tucker, subject to the following conditions: (1) That said tract of property shall be conveyed to the above named individuals and executors for the consideration of the benefit accruing to the state and $1.00; (2) That the conveyance of said tract of property shall be conditioned on the voiding and rescinding by the State Properties Commission, as Grantor, and the Estate of Mr. W. R. Tucker, as Grantee, of the Quitclaim deed signed pursuant to a resolution authorizing the conveyance of certain state owned real property located in Dawson County, approved April 11, 1979 (Ga. L. 1979, p. 571); and (3) That the conveyance of said tract of property shall be approved by the State Properties Commission. BE IT FURTHER RESOLVED that, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 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.

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BE IT FURTHER RESOLVED that a resolution entitled A Resolution authorizing the conveyance of certain State owned real property located in Dawson County; and for other purposes., approved April 11, 1979 (Ga. L. 1979, p. 571), is repealed in its entirety. Approved March 29, 1983. PROPOSED AMENDMENT TO THE CONSTITUTIONVACANCY DECLARED IN OFFICE WHEN ELECTED OFFICIAL QUALIFIES FOR DIFFERENT OFFICE. No. 24 (House Resolution No. 30). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the office of any state, county, or municipal elected official shall be declared vacant upon such elected official qualifying, in a general election or primary, or special election or special primary, for another state, county, or municipal office or qualifying for the House of Representatives or the Senate of the United States if the term of the office for which such official is qualifying for begins prior to the expiration of such official's present term of office; to provide for the filling of vacancies; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article II, Section II of the Constitution is amended by adding at the end thereof a new Paragraph V to read as follows: Paragraph V. Vacancies created by elected officials qualifying for other office. The office of any state, county, or municipal elected official shall be declared vacant upon such elected

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official qualifying, in a general primary or general election, or special primary or special election, for another state, county, or municipal elective office or qualifying for the House of Representatives or the Senate of the United States if the term of the office for which such official is qualifying for begins more than 30 days prior to the expiration of such official's present term of office. The vacancy created in any such office shall be filled as provided by this Constitution or any general or local law. This provision shall not apply to any elected official seeking or holding more than one elective office when the holding of such offices simultaneously is specifically authorized by law. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II 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 office of any state, county, or municipal elected official shall be declared vacant upon such elected official qualifying for another state, county, or municipal office or qualifying for the House of Representatives or the Senate of the United States if the term of the office for which such official is qualifying for begins more than 30 days prior to the expiration of such official's present term of office? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved March 29, 1983.

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ROGER H. LAWSON MEMORIAL BRIDGE DESIGNATED. No. 25 (House Resolution No. 67). A RESOLUTION Designating the bridge on U. S. Highway 341 over the Ocmulgee River at Hawkinsville in Pulaski County as the Roger H. Lawson Memorial Bridge; and for other purposes. WHEREAS, Honorable Roger H. Lawson was born November 12, 1913, in Hawkinsville, Pulaski County, Georgia, and graduated from the Citadel in 1933 and from the University of Georgia Law School in 1936; and WHEREAS, after engaging in the practice of law, he served his country as a special agent with the FBI during World War II; and WHEREAS, he was Solicitor General of the Oconee Judicial Circuit from 1949 to 1955 and compiled an outstanding record of achievement in that office; and WHEREAS, he contributed immeasurably to the improvement of the transportation system in Georgia while serving on the State Highway Board from July 8, 1955, to July 1, 1957, serving as chairman of said board during the last year of his tenure of office; and WHEREAS, he was active in the civic, business, political, and religious affairs of his region until his passing in 1982; and WHEREAS, it would be appropriate that his memory be honored by the designation of a bridge as the Roger H. Lawson Memorial Bridge. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on U. S. Highway 341 over the Ocmulgee River at Hawkinsville, Pulaski County, Georgia, is dedicated as a memorial to Roger Hugh Lawson and shall be designated as the Roger H. Lawson Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is directed to place and maintain appropriate markers at said bridge designating it as the Roger H. Lawson Memorial Bridge.

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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is instructed to transmit a copy of this resolution to Mr. Lawson's widow, Mrs. Barbara Lawson, and a copy to the commissioner of transportation. Approved March 29, 1983. EASEMENT TO P. D. OIL AND CHEMICAL STORAGE, INC. No. 26 (House Resolution No. 72). A RESOLUTION Authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to P. D. Oil Chemical Storage, Inc., a Georgia corporation, its successors and assigns, an easement over, under, across, and through certain property owned and claimed by the state, located in Chatham County, Georgia, in the Savannah River, for the construction, installation, operation, maintenance, repair, and replacement of berthing, docking, and storage facilities and improvements to be used in connection with the receiving, storing, loading, and unloading of liquid container ships, to be built over, under, across, or through such state owned or claimed properties, and authorizing the removal and utilization of material from said state property by P. D. Oil Chemical Storage, Inc., its successors and assigns; and for other purposes. WHEREAS, P. D. Oil Chemical Storage, Inc., is long-term tenant of Seaboard Coast Line Railroad Company of a tract of land on Hutchinson Island in Chatham County, Georgia, and is contract purchaser of an adjacent tract of land, both of which properties lie on the north bank of Savannah River; and WHEREAS, P. D. Oil Chemical Storage, Inc., proposes to construct on said properties and will maintain a receiving, storing,

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and loading-unloading facility, 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, and loading-unloading equipment; and WHEREAS, a portion of the proposed facilities is to be located adjacent to the said property leased or owned by P. D. Oil Chemical Storage, Inc., on certain property owned or claimed by the State of Georgia, in Chatham County, Georgia, in the Savannah River; and WHEREAS, the Georgia Department of Natural Resources, in association with the State Properties Commission, and also the U. S. Army Corps of Engineers will review the applications of P. D. Oil Chemical Storage, Inc., and, upon determination that all proposed facilities comply with the standards as set forth in the laws, rules, and regulations administered by the Department of Natural Resources and the U. S. Army Corps of Engineers, will issue any and all permits and other approvals that may be necessary to construct, operate, and maintain said facility in the location of the easement area and on adjacent lands, and P. D. Oil Chemical Storage, Inc., desires, prior to commencing construction following granting of the necessary permits, to have an 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 easement and certain river bottom material in the construction of the harbor basin 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

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Georgia of the sum of $5,000.00 and upon such other terms and conditions as approved by the State Properties Commission, the State of Georgia, acting by and through the State Properties Commission, is authorized to grant to P. D. Oil Chemical Storage, Inc., a Georgia corporation, its successors and assigns, an easement to use, occupy, employ, and enjoy for the purposes of constructing, installing, operating, maintaining, repairing, and replacing a receiving, storing, docking, loading, and unloading facility and improvements, and for installing, repairing, and removing piers, docks, breasing dolphins, pilings, appurtenances thereto, and all facilities and improvements that shall be reasonably necessary for or in connection therewith, and for dredging the river bottom for navigational purposes, across, under, over, and through the bed or bottom of the Savannah River and the intertidal area of the north bank thereof, subject always to the initial and continuing compliance by P. D. Oil Chemical Storage, Inc., its successors and assigns, with all applicable laws pertaining to the subject matter hereof and the properties affected hereby, and subject always to the use and enjoyment by the public of any navigable waters involved herein, the property subject to said easement being more particularly described as follows: ALL that portion of river bottom and intertidal land situate, lying and being in Chatham County, Georgia, on the North bank of the Savannah River lying between the ordinary high water line or mark of the Savannah River on the North; the Harbor or Pier Line of the Savannah River (as designated by the U. S. Army Corps of Engineers) on the South; the North-South projection of Harbor Line Marker P-76 on the East; and the North-South projection of Harbor Line Marker P-77 on the West. ALL as will more fully appear by reference to a plat of said property which P. D. Oil Chemical Storage, Inc. will cause to be prepared and filed with and approved by the Commissioner of the Georgia Department of Natural Resources and the State Properties Commission. 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 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 owned or leased by P. D. Oil Chemical Storage, Inc., its successors and assigns), wherever its exact location, on the north, and

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the harbor or pier line of the north bank of the Savannah River, as now or hereafter established and designated by the U. S. Army Corps of Engineers, on the south. BE IT FURTHER RESOLVED that P. D. Oil Chemical Storage, Inc., its successors and assigns, are authorized to utilize materials removed from the river bottom of the Savannah River in construction of said facility in accordance with the plans and specifications attached to the application to the U. S. Army Corps of Engineers for such consideration and terms as the State Properties Commission shall determine to be in the best interests of the State of Georgia but in no case to be less than $250.00. BE IT FURTHER RESOLVED that said easement is made only for the purposes aforesaid and shall continue only so long as P. D. Oil Chemical Storage, Inc., its successors and assigns, continue to maintain and operate the aforesaid facilities, and should said facilities be permanently abandoned or the use thereof permanently discontinued, said easement shall terminate. Approved March 29, 1983. LEASE OF CERTAIN TRACTS LOCATED IN FULTON COUNTY AUTHORIZED. No. 27 (House Resolution No. 76). A RESOLUTION Authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton 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 1.5 acres located in Fulton County, Georgia; and

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WHEREAS, said property is under the custody and management of the State Properties Commission; and WHEREAS, said real property is all that tract or parcel of land lying and being in Fulton County, Georgia, and being generally described as follows: All that certain parcel or tract of real property situate, lying and being in Fulton County, Georgia, and being more particularly described as follows: Beginning at a point located at coordinate y 1,365,150.38 x 434,204.20 and running thence along an azimuth of 136 11[UNK] 59[UNK] a distance of 69.23 feet to a point located at coordinate y 1,365,200.35 x 432,156.28; running thence along an azimuth of 140 04[UNK] 20[UNK] a distance of 40.19 feet to a point located at coordinate y 1,365,231.17 x 432,130.48; running thence along an azimuth of 149 30[UNK] 43[UNK] a distance of 25.72 feet to a point located at coordinate y 1,365,253.34 x 432,117.43; running thence along an azimuth of 125 41[UNK] 56[UNK] a distance of 25.83 feet to a point located at coordinate y 1,365,268.41 x 432,096.45; running thence along an azimuth of 139 31[UNK] 08[UNK] a distance of 109.72 feet to a point located at coordinate y 1,365,351.86 x 432,025.23[UNK]

Page 980

running thence along an azimuth of 133 43[UNK] 17[[UNK]stance of 39.60 feet to a point located at coordinate y 1,365,379.24 x 431,996.60; running thence along an azimuth of 176 43[UNK] 24[UNK] a distance of 00.88 feet to a point located at coordinate y 1,365,380.11 x 431,996.55; running thence along an azimuth of 134 57[UNK] 04[UNK] a distance of 8.27 feet to a point located at coordinate y 1,365,385.95 x 431,990.70; running thence along an azimuth of 135 04[UNK] 49[UNK] a distance of 10.08 feet to a point located at coordinate y 1,365,393.09 x 431,983.58; running thence along an azimuth of 134 27[UNK] 36[UNK] a distance of 11.99 feet to a point located at coordinate y 1,365,401.49 x 431,975.02; running thence along an azimuth of 133 56[UNK] 19[UNK] a distance of 12.03 feet to a point located at coordinate y 1,365,409.84 x 431,966.36; running thence along an azimuth of 126 13[UNK] 26[UNK] a distance of 11.70 feet to a point located at coordinate y 1,365,416.75 x 431,956.92; running thence along an azimuth of 144 55[UNK] 25[UNK] a distance of 7.00 feet to a point located at coordinate y 1,365,422.48 x 431,952.90;

Page 981

running thence along an azimuth of 246 43[UNK] 41[UNK] a distance of 28.84 feet to a point located at coordinate y 1,365,433.87 x 431,979.40; running thence along an azimuth of 308 30[UNK] 10[UNK] a distance of 51.90 feet to a point located at coordinate y 1,365,401.56 x 432,020.01; running thence along an azimuth of 324 42[UNK] 32[UNK] a distance of 5.16 feet to a point located at coordinate y 1,365,397.35 x 432,022.99; running thence along an azimuth of 213 52[UNK] 06[UNK] a distance of 8.94 feet to a point located at coordinate y 1,365,404.77 x 432,027.97; running thence along an azimuth of 303 24[UNK] 42[UNK] a distance of 288.86 feet to a point located at coordinate y 1,365,245.71 x 432,269.09; running thence along an azimuth of 034 17[UNK] 10[UNK] a distance of 2.96 feet to a point located at coordinate y 1,365,243.26 x 432,267.43; running thence along an azimuth of 034 01[UNK] 44[UNK] a distance of 6.09 feet to a point located at coordinate y 1,365,238.21 x 432,264.02; running thence along an azimuth of 034 05[UNK] 50[UNK] a distance of 6.24 feet to a point located at coordinate y 1,365,233.04 x 432,260.52;

Page 982

running thence along an azimuth of 129 36[UNK] 30[UNK] a distance of 1.51 feet to a point located at coordinate y 1,365,234.00 x 432,259.36; running thence along an azimuth of 033 24[UNK] 48[UNK] a distance of 100.18 feet to a point located at coordinate y 1,365,150.38 x 432,204.20; All grid coordinate referenced being based on the Georgia State Plane Coordinate System. The above-described real property being the real property designated as PARCEL NO. 2 on a certain plat of survey entitled PROPERTY OF STATE OF GEORGIA W A RAILROAD BETWEEN WHITEHALL-PEACHTREE AND CENTRAL AVENUE dated October 11, 1963, revised February 1, 1971 and further revised May 27, 1971, and prepared by State Highway Department of Georgia, Division of Surveys and Aerial Mapping, more particularly by Joe V. Evans, Georgia Registered Land Surveyor No. 1105, revised by Division of Surveys and Aerial Mapping, more particularly by John O. Rosser, Jr., Georgia Registered Land Surveyor No. 1267; and WHEREAS, the property is currently not 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 leasing 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 lease any or all of the above-described property for a period not to exceed 5 years and upon such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia.

Page 983

Section 3 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing. 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 March 29, 1983. LAND CONVEYANCE TO THE CITY COUNCIL OF AUGUSTA. No. 28 (House Resolution No. 106). A RESOLUTION Authorizing the State of Georgia to convey certain state-owned real and personal property located within the City of Augusta, Richmond County, Georgia, to the City Council of Augusta; 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 lying within the County of Richmond and the City of Augusta, Georgia, being four tracts in the same general area separated by streets and alleys, one tract being commonly known as the Mackay House, the Ezekiel Harris House, or the White House property and three tracts sometimes called the Harrisburg Gospel Center property, hereinafter collectively sometimes called said real property; and WHEREAS, said real property, which is presently under the custody of the Department of Natural Resources, comprises in the

Page 984

aggregate 3.7 acres, more or less, and is more particularly described as follows: All those certain tracts or parcels of land, with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, and being the same parcels or tracts of land as described in the following deeds conveying said property to the State of Georgia and recorded in the deed records of Richmond County as indicated: (1) Harrisburg Gospel Center, Inc. , to the State of Georgia, dated February 5, 1975, recorded at Reel 44, Pages 1315-1322, plat recorded at Realty Reel 43, Pages 2501-2506; (2) Edgar E. Murrah to the State of Georgia, dated January 8, 1975, recorded at Reel 43, Pages 2498-2500, plat attached to deed; (3) Marion Hubbard to the State of Georgia, dated August 15, 1974, recorded at Reel 39, Pages 1607-1612, plat attached to deed; (4) The Richmond County Historical Society, Inc. , to the State of Georgia, dated October 23, 1956, recorded in Book 23Z, Pages 308-310, plat recorded in Realty Book 5-W, Page 501; (5) Emmett F. Barnes to the State of Georgia, dated August 12, 1958, recorded in Book 25J, Pages 510-511, plat attached to deed; (6) Wilmer D. Lanier to the State of Georgia, dated July 12, 1963, recorded in Book 29K, Pages 697-700, plat attached to deed; (7) W. K. Whittle to the State of Georgia, dated July 15, 1963, recorded in Book 29K, Pages 846-849, plat attached to deed; Reference is hereby made to the heretofore identified deeds of conveyance and respective plats for a more particular description of said real property.; and

Page 985

WHEREAS, the State of Georgia is the owner of certain personal property located at the Mackay House, also known as the Ezekiel Harris House, an inventory of which is on file in the office of the commissioner of the Department of Natural Resources; and WHEREAS, the above-described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia and is, therefore, surplus; and WHEREAS, by Resolution dated October 4, 1982, the City Council of Augusta authorized acceptance of title to said real property. 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 3.7 acres, more or less, of real property in the City of Augusta, Richmond 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 the City Council of Augusta the hereinabove-described real property for the monetary consideration of the sum of $1.00, subject to the covenant stated herein. Section 3 . That in the quitclaim deed conveying the hereinabove-described real property, the City Council of Augusta shall covenant to use only for public purposes that portion of the property acquired by the state from Marion Hubbard, The Richmond County Historical Society, Inc., Emmett F. Barnes, Wilmer D. Lanier, and W. K. Whittle, all being adjoining tracts and collectively known as the Mackay House or Ezekiel Harris House property. Section 4 . That the above covenant by the City Council of Augusta shall be a covenant running with the land and not a limitation upon the estate granted to the City Council of Augusta. Section 5 . That the conveyance to the City Council of Augusta of said real property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission.

Page 986

Section 6 . That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance. Section 7 . That for purposes of compliance with the provisions of 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 several plats of said real property referenced in the deeds of conveyance heretofore identified shall collectively constitute an acceptable plat for filing with the Secretary of State. Section 8 . That the Department of Administrative Services is authorized and directed to sell and transfer by appropriate instrument to the City Council of Augusta that certain personal property located on the above-referenced real property which is listed on an inventory on file in the office of the commissioner of the Department of Natural Resources and declared as surplus by the Department of Natural Resources. Section 9 . That said personal property shall be sold and transferred to the City Council of Augusta for the monetary sum of $1.00, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances. Section 10 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 11 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 29, 1983.

Page 987

EASEMENT TO THE CITY OF BRUNSWICK. No. 29 (House Resolution No. 158). A RESOLUTION Authorizing and empowering the State of Georgia, acting by and through its State Properties Commission, to grant and convey to the City of Brunswick, Georgia, its successors and assigns, an easement in certain real property owned or claimed by the state, situated on the Brunswick-Altamaha Canal in Glynn County, Georgia, for the construction, installation, operation, maintenance, repair, and replacement thereon of an expansion of the existing Academy Creek Wastewater Treatment Facility and authorizing in the easement and as a part of said construction the removal of old garbage and buried mud from said state property and the discharge of fill material onto said state property; and for other purposes. WHEREAS, the City of Brunswick, Georgia, proposes to construct an expansion of the existing Academy Creek Wastewater Treatment Facility on the Brunswick-Altamaha Canal in Glynn County, Georgia; and WHEREAS, the City of Brunswick, Georgia, its successors and assigns, desires an easement from the state in order to construct, operate, and maintain said proposed expansion facility; and WHEREAS, the construction of said proposed expansion facility includes the removal of old garbage and buried mud from real property owned or claimed by the state and the filling of said property to form a solid foundation for construction; and WHEREAS, the property is all that tract of land, consisting of approximately 5.2 acres of wetlands, situate, lying and being in the City of Brunswick, West of the intersection of T Street and Newcastle Street on the Brunswick-Altamaha Canal in Glynn County, Georgia, and more particularly shown on a Location Map attached to the Joint Public Notice SASOP-FP 074 OYN 004505 issued on July 12, 1982, by the United States Army Savannah District Corps of Engineers on file in the office of the State Properties Commission and the Department of Natural Resources; and

Page 988

WHEREAS, the Department of Natural Resources will review the plans of the City of Brunswick, Georgia, for the proposed expansion facility and, upon a determination that the proposed removal of material from said property, the filling of said property, and the construction of the proposed expansion facility on said property 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 construct, operate, maintain, and repair said proposed expansion facility in the location of the easement area and on adjacent lands; and WHEREAS, the construction of the proposed expansion facility is also subject to a United States Army Corps of Engineers permit; and WHEREAS, the grant of such easement by the General Assembly of Georgia would be in the public interest, and the State of Georgia is willing to grant and convey an easement in the above-described 5.2 acres of wetlands in Glynn County, Georgia, to the City of Brunswick, Georgia, in consideration of the monetary sum specified herein and upon the conditions set forth herein. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant and convey to the City of Brunswick, Georgia, its successors and assigns, an easement in the above-described 5.2 acres of wetlands in Glynn County, Georgia, for the purpose of constructing, operating, maintaining, repairing, and replacing thereon of an expansion of the Academy Creek Wastewater Treatment Facility and for removing garbage and mud therefrom and for discharging fill material thereon in connection with said construction, upon the following conditions: (1) Issuance of a permit by the United States Army Corps of Engineers which authorizes the construction, operation, maintaining, repairing, and replacing of the proposed expansion facility and the removal of material from the subject property and the discharge of fill material onto the subject property; and (2) Approval by the Department of Natural Resources of the City of Brunswick, Georgia, plans for the construction of the proposed expansion facility; and

Page 989

(3) Continuing compliance by the City of Brunswick, Georgia, its successors and assigns, with all applicable laws, rules, and regulations pertaining to the subject matter hereof; and (4) Preparation of a current and accurate field survey, and a plat thereof, showing with particularity the location of the property subject to the easement and the easement area, the cost of which survey shall be paid by the City of Brunswick, Georgia, and which survey shall be approved by the State Properties Commission; and (5) Payment to the State of Georgia of $10.00 consideration by the City of Brunswick, Georgia; and (6) Such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. BE IT FURTHER RESOLVED AND ENACTED that said easement is made only for the purposes set out above and shall continue only so long as the City of Brunswick, Georgia, its successors and assigns, continues to maintain and operate the proposed expansion of the existing Academy Creek Wastewater Treatment Facility; and, should said proposed expansion facility be permanently abandoned or the use thereof permanently discontinued, said easement shall terminate. Approved March 29, 1983. EASEMENT TO THE CITY OF ATLANTA. No. 30 (House Resolution No. 220). A RESOLUTION Authorizing and empowering the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the

Page 990

City of Atlanta an easement over, under, across, and through certain property owned by the State of Georgia and located in Fulton County, Georgia, for the construction, installation, operation, maintenance, repair, improvement, and replacement of sewerage and drainage system improvements to be built over, under, across, or through such state owned properties; and for other purposes. WHEREAS, the City of Atlanta proposes to acquire, construct, improve, maintain, and place into operation and to operate or cause to be placed into operation and operated sewerage and drainage system improvements known as Task 2 of the Three Rivers Water Quality Management Program in Fulton County, Georgia; and WHEREAS, located on the above-mentioned property is the Confederate Soldiers Home of Georgia, which property is now under the custody and management of the State of Georgia Department of Defense; 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 system to be established and that the State of Georgia grant and convey an easement under 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 the State of Georgia, acting by and through its State Properties Commission, is authorized to grant and convey to the City of Atlanta an easement to use, occupy, employ, and enjoy for the purposes of constructing, installing, operating, maintaining, repairing, improving, and replacing sewerage and drainage system improvements and all facilities and improvements that shall be reasonably necessary in connection therewith over, under, across, and through certain property in Fulton County, Georgia, upon the following conditions:

Page 991

(1) The specific property of said easement area shall be shown on a current and accurate field survey, and a plat thereof, showing with particularity the location of the property subject to the easement and the easement area, which property is a part of the following described property: All that tract or parcel of land lying and being in the 14th District of originally Henry, now Fulton County, Georgia, and parts of Land Lots Nos. 9 and 10, 23 and 24, known as part of the Julius A. Hayden Farm, and being more particularly described as follows: COMMENCING on the Land Lot Line between Land Lots No. 10 and 23 at W. P. Robinson's Southeast corner; running thence S85-1/2, 682 feet; running thence N5 640 feet; running thence N88 1,021 feet to a branch; running thence southwardly, along the meanderings of said branch, 3,320 feet, more or less, to the center of Entrenchment Creek; running thence westwardly, along the center of Entrenchment Creek, 1,950 feet, more or less, to within 50 feet of Benteen's line; running thence N1130[UNK]W 1,700 feet, more or less, to the east prong of Entrechment Creek; running thence northeastwardly 650 feet, more or less, to W. P. Robinson's line; running thence S80 433 feet to the beginning point; containing 119-1/4 acres, and more fully shown in the plat thereof attached to and recorded with, the deed to said property by Emma con der Hoya Schultze to the Committee on location of said Home, and recorded in Book L-3, page 398, in the Clerk's office of the Superior Court of said County; the same surveyed and platted by R. M. Clayton, Civil Engineer, the cost of which survey shall be paid by the City of Atlanta, and which survey shall be approved by the State Properties Commission and the State Department of Defense; and (2) Approval by the State Department of Defense of said easement to ensure that the access to the easement area will not interfere with the department's needs for physical security of military and real property; and (3) The City of Atlanta shall agree that any additional construction, alterations, or repairs shall be done in a manner so as not to interfere with the control of access by the State Department of Defense commensurate with the needs for physical security of military and real property; and

Page 992

(4) Continuing compliance by the City of Atlanta with all applicable laws, rules, and regulations pertaining to the subject matter hereof; and (5) Payment to the State of Georgia of a consideration of $10.00 by the City of Atlanta; and (6) Such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. BE IT FURTHER RESOLVED that said easement is made only for the purposes set out above and shall continue only so long as the City of Atlanta continues to maintain and operate the proposed facility; and, should said proposed facility be permanently abandoned or the use thereof permanently discontinued, said easement shall terminate. Approved March 29, 1983. LAND CONVEYANCE TO THE BIBB COUNTY BOARD OF COMMISSIONERS. No. 31 (House Resolution No. 222). A RESOLUTION Authorizing and empowering the State of Georgia, acting by and through its State Properties Commission, to grant and convey to the Bibb County Board of Commissioners, its successors and assigns, certain real property owned or claimed by the state, located within the City of Macon, Bibb County, Georgia; and for other purposes. WHEREAS, the Bibb County Board of Commissioners proposes to construct, on the above-mentioned state property, facilities to house the Bibb County Department of Family and Children Services; and

Page 993

WHEREAS, the Bibb County Board of Commissioners, its successors and assigns, desires a conveyance from the state in order to construct, operate, maintain, and repair said facility; and WHEREAS, the Bibb County Department of Family and Children Services desires to consolidate its services and provide services to the public within the City of Macon, Bibb County, Georgia; and WHEREAS, the property is all that tract of land, consisting of approximately 2.4 acres lying and being in the City of Macon, south of Oglethorpe Street, east of Third Street, west of Broadway, and north of the properties of Moate Produce Company and Stokes Shaheen Produce Company, and more particularly shown as Parcel A on a plat of survey dated December 19, 1980, prepared for the State of Georgia by Tommie M. Donaldson, Jr., of Tribble Richardson, Inc., Georgia Registered Land Surveyor No. 1617, said plat on file in the office of the State Properties Commission; and WHEREAS, the conveyance of such real property would be in the public interest, and the State of Georgia is willing to grant and convey the above-described 2.4 acres of property located within the City of Macon, Bibb County, Georgia, to the Bibb County Board of Commissioners, in consideration of the monetary sum specified herein and upon the terms and conditions set forth herein. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant and convey to the Bibb County Board of Commissioners, its successors and assigns, the above-described 2.4 acres of real property located within the City of Macon, Bibb County, Georgia, for the purpose of constructing, operating, maintaining, and repairing a facility that will be utilized by the Bibb County Department of Family and Children Services, upon the following conditions: (1) Construction of the above-mentioned facility shall begin no later than five years from the date of execution of said conveyance between the State of Georgia and the Bibb County Board of Commissioners; and (2) Payment to the Sta[UNK]te of Georgia of $10.00 and other valuable considerations; and

Page 994

(3) Such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. BE IT FURTHER RESOLVED AND ENACTED that said real property is conveyed only for the purposes set out above and shall be valid only so long as the Bibb County Board of Commissioners, its successors and assigns, continues to maintain and operate the proposed facility to be utilized by the Bibb County Department of Family and Children Services; and, should said proposed facility be permanently abandoned or the use thereof permanently discontinued, said real property shall revert to the State of Georgia. Authorizing the conveyance of certain State owned property to Mr. G. B. Lee; and for other purposes. WHEREAS, Mr. G. B. Lee made a gift of certain property to the Georgia Department of Transportation for use as a roadside park; and WHEREAS, the property has been abandoned as a roadside park and is no longer needed by the State; and WHEREAS, said real property is more particularly described as follows: One acre of land in land lot number 510 in the 12th land district of Clinch County, Georgia and more fully described as follows: For point of beginning start at North East corner of Lot of Land number 510 and running in a southernly direction along land lot line between land lot number 510 and land lot number 511 992 feet to south side of right of way of State Highway 38; thence South 70 degrees 00 minutes West 360 feet along South side of right of way number 38 to a point of beginning, a concrete marker; thence South 20 degrees 00 minutes East 175 feet to a concrete marker; thence South 70 degrees 00 minutes West 248.9 feet to a concrete marker; thence North 20 degrees 00 minutes West 175 feet to a concrete marker; thence North 70 degrees 00 minutes East 248.9 feet to a point of beginning. WHEREAS, Mr. G. B. Lee is desirous of obtaining the abandoned property.

Page 995

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Department of Transportation is hereby authorized and directed to convey to Mr. G. B. Lee the hereinabove described tract of property for and in consideration of the sum of $1.00. Approved March 29, 1983. SALE OF CERTAIN TRACT LOCATED IN SPALDING COUNTY AUTHORIZED. No. 32 (House Resolution No. 64). A RESOLUTION Authorizing and empowering the State of Georgia, acting by and through its Department of Human Resources, to sell and convey by quitclaim deed all of its rights, title, and interests in and to all or any portion or portions of a certain tract of property situated in Spalding County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia, through its Department of Human Resources, claimed a lien on the herein described property pursuant to the Child Support Recovery Act, Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated; and WHEREAS, the herein described property was sold in 1982 at a sheriff's sale in order to enforce said lien; and WHEREAS, the State of Georgia purchased the herein described property at said sheriff's sale in order to collect the amount of the debt owed by the previous owner of the herein described property pursuant to said Child Support Recovery Act; and

Page 996

WHEREAS, pursuant to said sheriff's sale, the State of Georgia acquired by virtue of a sheriff's deed the following described property: All that tract or parcel of land, situate, lying and being in Land Lot 247, Second Land District of originally Monroe, now Spalding County, Georgia, and more particularly described as follows: Said lot or tract of land contains one acre, more or less, and fronts on the East margin of McDonough Road (Highway No. 155) a distance of 106 feet, and extends back, in an easterly direction of even width, a distance of 314 feet, on both the North and South line with a rear width on the East side of 106 feet. Said property is bounded, North by property of Horace Mangham; East by Slade lands, South by other lands of Wadie Slaton; and West by McDonough Road (Highway No. 155). The above described property is the same property as that conveyed by Sallie Mae Stanley by deed dated November 14, 1970, and recorded in Deed Book 287, Page 490, Spalding County Superior Court records.; and WHEREAS, the State of Georgia does not need the above-described property and desires to sell and convey by quitclaim deed all of its rights, title, and interests in and to all or any portion or portions of the same in order to satisfy all or part of the debt owed by the previous owner pursuant to the said Child Support Recovery Act. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia, acting by and through its Department of Human Resources, is authorized and empowered to sell and convey by quitclaim deed all of its rights, title, and interests in and to all or any portion or portions of the above-described property, at either private or public sale, with or without prior advertisement and pursuant to or not pursuant to public competitive bidding, as the Department of Human Resources shall deem to be in the best interest of the State of Georgia, at a price and upon such terms and conditions as the Department of Human Resources shall deem to be in the best interest of the State of Georgia.

Page 997

Section 2 . That the Department of Human Resources is authorized and empowered to do all acts necessary and proper to effect such sales and conveyances. Section 3 . That any existing plat of survey of the above-described property, which is acceptable to the Department of Human Resources, shall be deemed sufficient to satisfy the requirements of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated; and, in the event the Department of Human Resources cannot find an existing plat of survey, then no plat of survey of the above-described property shall be required to be filed with the Secretary of State in implementing this resolution. Section 4 . That this resolution shall become effective 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 March 29, 1983. TAX CREDIT FOR FAMILY SUPPORT OF THE MENTALLY RETARDED, HANDICAPPED, AND ELDERLY STUDY COMMITTEE CREATED. No. 33 (House Resolution No. 12). A RESOLUTION Creating the Tax Credit for Family Support of the Mentally Retarded, Handicapped, and Elderly Study Committee; and for other purposes. WHEREAS, federal and state regulations raise barriers to family support of the mentally retarded, handicapped, and elderly; and

Page 998

WHEREAS, federal and state payment plans include nursing home care but not care in the home; and WHEREAS, families that provide care at home for a mentally retarded, handicapped, or elderly relative requiring considerable medical attention are denied comprehensive coverage by both medicare or Medicaid; and WHEREAS, relatives cannot be reimbursed for housing the mentally retarded, handicapped, or elderly person or for providing personal attention, even though one working member of the family might have to stay home with the patient, or for other necessary expenses; and WHEREAS, the cost to the state of housing the mentally retarded, handicapped, or elderly in institutions far exceeds the cost of housing the relative with family members; and WHEREAS, it might be desirable to provide for a state income tax credit to taxpayers who maintain and support such persons. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Tax Credit for Family Support of the Mentally Retarded, Handicapped, and Elderly Study Committee to be composed of three members of the Senate to be appointed by the President of the Senate and three members of the House of Representatives to be appointed by the Speaker of the House. The Speaker of the House of Representatives shall appoint the chairman of the committee, and the President of the Senate shall appoint the vice chairman. The committee shall meet upon the call of the chairman.

Page 999

BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems mentioned above and any other problems related thereto and recommend necessary steps needed to be undertaken to alleviate any such problems. The committee may conduct such meetings at such places 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 ten 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 15, 1983 at which time the committee shall stand abolished. Approved March 29, 1983. RESOLUTION CREATING THE STATE-WIDE FIRE PROTECTION STUDY COMMITTEE AMENDED. No. 34 (House Resolution No. 90). A RESOLUTION To amend a resolution creating the State-wide Fire Protection Study Committee, approved April 14, 1981 (Ga. L. 1981, p. 1517), as amended, so as 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.

Page 1000

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), as amended, is 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, 1984. 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, 1984, on which date the committee shall stand abolished. 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 March 29, 1983. OFFENSE OF OPERATING MOTOR VEHICLE WHILE INTOXICATED, ETC.PUNISHMENT. Code Title 40 Amended. No. 445 (House Bill No. 130). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to amend and revise the

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laws relating to the criminal penalties and administrative sanctions imposed for operating a motor vehicle while under the influence of alcohol or drugs; to provide procedures and sanctions for violations of the offense of driving under the influence of alcohol or drugs; to provide for applicability; to provide definitions; to provide for the surrender of the drivers' licenses of persons charged with driving under the influence of alcohol or drugs; to provide for the issuance of temporary driving permits; to provide for the disposition of drivers' licenses; to provide for the suspension and revocation of the drivers' licenses of persons convicted of driving under the influence of alcohol or drugs; to provide procedures and conditions for pleas of nolo contendere; to provide for a suspension of a driver's license upon a failure to comply with certain conditions; to provide limitations of periods of suspensions; to provide for the reinstatement of suspended drivers' licenses; to limit the applicability of certain provisions of the Code subject to the provisions of the article dealing with violations of the offense of driving under the influence of alcohol or drugs; to provide for the reinstatement of driving privileges upon attending certain courses and programs; to provide for the suspension of the driver's license of any person convicted of homicide by vehicle in the first degree; to provide that it shall be unlawful to be in actual control of any moving vehicle with 0.12 percent or more by weight of alcohol in the blood; to provide penalties for convictions of that offense; to change the penalties for a conviction of the offense of driving under the influence of alcohol or drugs; to change the penalties for a conviction of related offenses; to change the period of time during which prior violations shall be considered; to provide for the conditions under which such penalties may be suspended, stayed, or probated; to limit the authority to suspend, stay, or probate these penalties; to provide that certain courts shall be authorized to impose these penalties notwithstanding limits in municipal charters; to authorize certain courts to probate, stay, or suspend sentences imposed for certain offenses; to provide that the provisions of Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, shall not apply to certain convictions; to change the penalty imposed for

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violations of certain provisions of Code Section 40-6-393, relating to homicide by vehicle; to allow certain evidence to be introduced at trials; to change certain references to the offense of driving under the influence of alcohol or drugs to include the offense of being in actual control of any moving vehicle with 0.12 percent or more by weight of alcohol in the blood; to provide for all other matters relative to the foregoing; to amend Code Section 15-11-49 of the Official Code of Georgia Annotated, relating to juvenile traffic offenses, so as to continue the exception which states that driving under the influence of alcohol or drugs shall not constitute a juvenile traffic offense; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding between Article 3 and Article 4 of Chapter 5 of said title a new Article 3.1 to read as follows: ARTICLE 3.1 40-5-67. From and after September 1, 1983, provisions of this article shall apply to all cases in which a person is charged with violating the provisions of Code Section 40-6-391, relating to operating a motor vehicle while under the influence of alcohol or drugs. All provisions of this Code which are applicable to traffic offenses generally and to violations of Code Section 40-6-391 shall continue to be applicable to the extent that such provisions are not inconsistent with the provisions of this article. 40-5-68. As used in this article, the term: (1) `Code Section 40-6-391' means Code Section 40-6-391 of the Official Code of Georgia Annotated, as now or hereafter amended, and any local ordinance adopted pursuant to Article 14 of Chapter 6 of Title 40, which ordinance adopts the provisions of Code Section 40-6-391. (2) `Conviction' means a forfeiture of bail or other collateral deposited to secure a defendant's appearance in court; the imposition of a fine or imprisonment, regardless of whether such fine or imprisonment is suspended, probated, stayed, or rebated; a plea of guilty; a finding of guilt; or a plea of nolo contendere.

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40-5-69. (a) Whenever a person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within 15 days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17. (b) At the time the law enforcement officer takes the driver's license, he shall issue a temporary driving permit to the person. This temporary driving permit shall be valid until the expiration of 180 days, or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed. (c) (1) If the person is convicted of violating Code Section 40-6-391, the court shall, within 15 days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section. (2) If the person is not convicted of violating Code Section 40-6-391, the court shall return the driver's license to the person, unless the person refused to submit to a blood alcohol test as required by Code Section 40-5-55. If the person refused to submit to such test, the driver's license shall be forwarded to the Department of Public Safety for disposition in accordance with Code Section 40-5-55 unless the person can show that he prevailed at a hearing which was held in accordance with subsection (d) of Code Section 40-5-55. 40-5-70. (a) The driver's license of any person convicted of violating Code Section 40-6-391 shall by operation of law be suspended,

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and such suspension shall be subject to the terms and conditions provided in subsection (b) of this Code section. (b) (1) The driver's license of any person convicted of violating Code Section 40-6-391 shall be suspended as follows: (A) Upon the first conviction, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, the period of suspension shall be for one year. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a certified and approved basic alcohol or drug course from an approved driver improvement clinic and pays a restoration fee of $25.00. For the purposes of this subparagraph only, an accepted plea of nolo contendere, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under subparagraphs (B) and (C) of this paragraph; (B) Upon the second conviction within five years, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a certified and approved advanced alcohol or drug program from an approved driver improvement clinic and pays a restoration fee of $25.00. For the purposes of this subparagraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere within five years shall be considered and counted as convictions; and (C) Upon the third conviction within five years, such person shall be a habitual violator, and his license shall be indefinitely suspended pending revocation. The Department of Public Safety shall revoke such person's driver's license as

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provided in Code Section 40-5-58 and Code Section 40-5-62. For the purposes of this subparagraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere within five years shall be considered and counted as convictions. (2) Notwithstanding the provisions of paragraph (1) of this subsection which provide for the early reinstatement of a person's driver's license, the Department of Public Safety shall not reinstate the driver's license during any period of suspension imposed under subsection (b) of Code Section 40-5-63. (c) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of violating Code Section 40-6-391. (d) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance. (e) The commissioner may, before returning a license to a person prior to the full period of a suspension, require such person to maintain and present proof of present and future minimum motor vehicle insurance coverage as defined in paragraph (8) of Code Section 40-5-1 for a period not to exceed the remaining full period of suspension. If a person who is required to maintain present and future motor vehicle insurance coverage ceases to maintain such coverage, that person's license shall become immediately suspended without further action by the department and the person shall forthwith surrender his license to the department. The license shall remain suspended until present and future minimum motor vehicle insurance coverage is restored or no longer required. The department shall establish by rules and regulations the method and manner by which present and future minimum motor vehicle insurance coverage shall be proved and maintained, provided that when the full period of suspension has run, the license shall unconditionally be returned to the driver. 40-5-71. (a) Any person convicted of violating Code Section 40-6-391 who has not previously been convicted of violating said Code section within the preceding five years and who has not had his driver's license suspended under Code Section 40-5-72 may apply to the Department of Public Safety for a limited driving permit.

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(b) Applications for limited driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant before a person authorized to administer oaths. (c) The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this Code section, `extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from: (1) Going to his place of employment or performing the normal duties of his occupation; (2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he is regularly enrolled as a student; or (4) Attending under court order any driver education or improvement school approved by the court which entered the judgment of conviction resulting in suspension of his driver's license or by the commissioner. (d) A limited driving permit shall be endorsed with such conditions as the department deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; and

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(5) Such other restrictions as the department may require. (e) A permit issued pursuant to this Code section shall be nonrenewable and shall become invalid upon the expiration of 120 days following the conviction of violating Code Section 40-6-391. (f) No official or employee of the department shall be criminally or civilly liable for issuing a limited driving permit as provided for in this Code section. (g) (1) Any permittee who is convicted of violating any state law or local ordinance to which Code Section 40-5-54 or Code Section 40-5-70 is applicable or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the Department of Public Safety with a copy of the conviction. (2) Any person whose limited driving permit has been revoked shall not be eligible for reinstatement of his driver's license until six months from the date such permit was revoked under this subsection. (h) The department shall not issue a limited driving permit to any person whose driver's license has been suspended under the provisions of Code Section 40-5-55; and any limited driving permit issued under this Code section shall immediately be revoked if, subsequent to its issue, the permittee's driving privilege is suspended under the provisions of Code Section 40-5-55. (i) Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said Act. (j) The department may promulgate such rules and regulations as are necessary to implement this Code section.

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(k) Any permittee who operates a vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor. 40-5-72. (a) The driver's license of any person whose plea of nolo contendere to a charge of violating Code Section 40-6-391 was accepted as provided in Code Section 40-6-391.1 but who fails to complete a certified and approved basic alcohol or drug course from an approved driver improvement clinic by the date specified in the court's order issued pursuant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such license shall be suspended for a period of one year from such date. At any time after suspension begins, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a certified and approved basic alcohol or drug course from an approved driver improvement clinic and pays a restoration fee of $25.00. (b) Any person whose driver's license has been suspended by operation of law as provided in subsection (a) of this Code section shall immediately return such license to the department. It shall be unlawful for any person to operate any motor vehicle in this state after such person's driver's license has been suspended under this Code section, if such person has not thereafter obtained a valid driver's license. 40-5-73. If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-70 or Code Section 40-5-72, the fact that the person's driver's license was not surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety as provided in Code Section 40-5-69 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension. Section 2 . Said title is further amended by striking Code Section 40-5-54, relating to mandatory suspensions of drivers' licenses, in its entirety and substituting in lieu thereof a new Code Section 40-5-54 to read as follows: 40-5-54. The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether

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charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title: (1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Manslaughter resulting from the operation of a vehicle; (3) Reserved; (4) Any felony in the commission of which a motor vehicle is used; (5) Failure to stop, render aid, or identify himself as required by Code Section 40-6-271; (6) Knowingly making a false affidavit or statement under oath or affirmation to the department under this chapter or any other law relating to the ownership or operation of motor vehicles; (7) Racing on highways and streets; (8) Using a motor vehicle in fleeing or attempting to elude an officer; (9) Fraudulent or fictitious use of a license; or (10) Hit and run or leaving the scene of an accident. Section 3 . Said title is further amended by striking Code Section 40-5-55, relating to implied consent to blood alcohol tests, in its entirety and substituting in lieu thereof a new Code Section 40-5-55 to read as follows: 40-5-55. (a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol content of 0.12 percent or greater while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways of this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining

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the alcoholic or drug content of his blood if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a motor vehicle upon the highways of this state in violation of Code Section 40-6-391. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered. (b) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392. (c) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the department, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the highways of this state in violation of Code Section 40-6-391 and that the person had refused to submit to the test upon the request of the law enforcement officer, shall in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and except as otherwise provided in this Code section, notify the person that his license is to be suspended, subject to review as provided for in this chapter. (d) The person so notified may request a hearing within ten days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended. (e) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision,

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as provided for in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed. Section 4 . Said title is further amended by adding immediately following subsection (c) of Code Section 40-5-56, relating to suspensions of drivers' licenses for failing to respond to a citation, a new subsection (d) to read as follows: (d) The provisions of this Code section shall not apply to persons charged with violating Code Section 40-6-391. Such persons shall be subject to having their drivers' licenses suspended as provided in Article 3.1 of this chapter. Section 5 . Said title is further amended by striking subsection (f) of Code Section 40-5-58, relating to habitual violators, in its entirety and substituting in lieu thereof a new subsection (f) of Code Section 40-5-58 to read as follows: (f) If a person's license was revoked for a violation of Code Section 40-6-391 resulting from a motor vehicle collision in which any person lost his life, the person whose license was revoked shall not be entitled to a probationary license as set forth in this Code section. Section 6 . Said title is further amended by striking in its entirety Code Section 40-5-63, relating to periods of suspension, and substituting in lieu thereof a new Code Section 40-5-63 to read as follows: 40-5-63. (a) Any person who is convicted of an offense listed in Code Section 40-5-54 or has such points assessed against him as to require the suspension of his license pursuant to Code Section 40-5-57 shall, except as provided in subsection (f) of this Code section, have his license suspended as follows: (1) Upon a first conviction of any such offense or assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 60 days of suspension, such person may apply to the department for the return of his license; (2) For a second conviction of any such offense or assessment of the requisite points within five years, the period of suspension shall be three years, provided that at any time after 90 days of suspension, such person may apply to the department for the return of his license;

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(3) For a third assessment of requisite points or third conviction of any such offense within five years, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For the purposes of this paragraph, all accepted pleas of nolo contendere shall be considered convictions. (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. (c) The periods of suspension provided for in this Code section shall begin on the date the license is surrendered to and received by the department, or from the date a license is surrendered to a court under any provision of this chapter, whichever date shall first occur. If the license cannot be surrendered to the department, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is accepted by the department. (d) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a fee of $10.00 for the return of his license. (e) The commissioner may, before returning a license to a person prior to the full period of a suspension, require such person to maintain and present proof of present and future minimum motor vehicle insurance coverage as defined in paragraph (8) of Code Section 40-5-1 for a period not to exceed the remaining full period of suspension. If a person who is required to maintain present and future motor vehicle insurance coverage ceases to maintain such coverage, that person's license shall become immediately suspended without further action by the department and the person shall forthwith surrender his license to the department. The license shall remain suspended until present and future minimum motor vehicle insurance coverage is restored or no longer required. The department shall establish by rules and regulations the method and manner by which present and future minimum motor vehicle insurance coverage shall be proved and maintained, provided that when the full period of

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suspension has run, the license shall unconditionally be returned to the driver. (f) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree shall constitute a conviction. Section 7 . Said title is further amended by striking subsection (a) of Code Section 40-5-64, relating to limited driving permits, and substituting in lieu thereof a new subsection (a) to read as follows: (a) Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended pursuant to accumulating 15 or more points for traffic violations in any 24 month period. Section 8 . Said title is further amended by striking Code Section 40-5-84, relating to reinstatement of licenses, in its entirety and substituting in lieu thereof a new Code Section 40-5-84 to read as follows: 40-5-84. (a) The license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 or as a result of the assessment of points pursuant to Code Section 40-5-57, shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $20.00. (b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 or as a result of the assessment of points pursuant to Code Section 40-5-57, shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course and the payment of a restoration fee of $20.00.

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Section 9 . Said title is further amended by striking Code Section 40-5-85, relating to reinstatement of licenses, in its entirety and substituting in lieu thereof a new Code Section 40-5-85 to read as follows: 40-5-85. (a) The license of any person whose license is suspended for the first time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-70 or 40-5-72. (b) The license of any person whose license is suspended for the second time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-70. Section 10 . Said title is further amended by striking subsection (b) of Code Section 40-5-121, relating to driving with a suspended or revoked license, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended or revoked, shall extend the period of suspension or revocation for an additional year if the prior suspension or revocation was imposed under Code Section 40-5-54, 40-5-57, 40-5-70 or 40-5-72. If the prior suspension was imposed under any other provision of this chapter, or any other provision of Georgia law, the department shall extend the period of suspension for an additional six months. The additional periods of suspension or revocation provided for in this Code section shall begin on the date the license is surrendered to the department or a court of competent jurisdiction, or the conviction date of the offense, whichever date is later. Section 11 . Said title is further amended by striking paragraph (3) of Code Section 40-6-3, relating to the applicability of traffic laws, in its entirety and substituting in lieu thereof a new paragraph (3) of Code Section 40-6-3 to read as follows: (3) The provisions of this chapter relating to reckless driving, driving in violation of Code Section 40-6-391, and homicide by vehicle

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shall apply to vehicles operated upon highways and elsewhere throughout the state. Section 12 . Said title is further amended by striking Code Section 40-6-391 in its entirety, which reads as follows: 40-6-391. (a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol; (2) Under the influence of any drug to a degree which renders him incapable of driving safely; or (3) Under the combined influence of alcohol and any drug to a degree which renders him incapable of driving safely. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section. (c) Every person convicted of violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than ten days nor more than one year, or by a fine of not less than $100.00 nor more than $1,000.00, or by both such fine and imprisonment. On a second or subsequent conviction within three years, he shall be punished by imprisonment for not less than 90 days nor more than one year, and, in the discretion of the court, a fine of not more than $1,000.00. The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the three provisions of subsection (a) of this Code section. No provision of this Code section shall be construed so as to deprive the court imposing the sentence of the power given by law to the court to stay or suspend the execution of such sentence or to place the defendant on probation., and inserting in lieu thereof a new Code Section 40-6-391 to read as follows: 40-6-391. (a) A person shall not drive or be in actual physical control of any moving vehicle while:

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(1) Under the influence of alcohol; (2) Under the influence of any drug to a degree which renders him incapable of driving safely; (3) Under the combined influence of alcohol and any drug to a degree which renders him incapable of driving safely; or (4) There is 0.12 percent or more by weight of alcohol in his blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section. (c) Every person convicted of violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) A period of imprisonment of not less than ten days nor more than one year, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; (2) For the second conviction within a five-year period of time: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) (i) A period of imprisonment of not less than 90 days nor more than one year. The judge, at his sole

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discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph (2). (ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum 48 hour term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum 48 hour term of imprisonment shall be that the defendant shall perform not less than 80 hours of community service; and (3) For the third or subsequent conviction within a five-year period of time: (A) A fine of $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) (i) A mandatory period of imprisonment of not less than 120 days nor more than one year. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this paragraph. (ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum ten-day term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum ten-day term of imprisonment shall be that the defendant shall perform not less than 30 days of community service. (d) (1) Notwithstanding the limits set forth in any municipal charter, any recorder's, mayor's, or police court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.

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(2) Notwithstanding any provision of this Code to the contrary, any court authorized to hear cases involving violations of Code Section 40-6-391 shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section. (e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section. (f) The provisions of Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section. (g) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. Section 13 . Said title is further amended by adding between Code Section 40-6-391 and Code Section 40-6-392 a new Code Section 40-6-391.1 to read as follows: 40-6-391.1 (a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed. (b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in subparagraph (b)(1)(A) of Code Section 40-5-70, no such plea shall be accepted unless, at a minimum, the following conditions are met:

Page 1019

(1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and (2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his reasons for accepting the plea of nolo contendere. (d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a certified and approved basic alcohol and drug course from an approved driver improvement clinic. The order shall stipulate that the defendant shall complete such course within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that if he fails to complete such course by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-72. (e) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Public Safety as required in subsection (c) of Code Section 40-5-69. (f) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, the court shall, subject to subsection (d) of this Code section, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety as provided in subsection (c) of Code Section 40-5-69. Section 14 . Said title is further amended by striking Code Section 40-6-392, relating to chemical tests for alcohol or drugs, in its entirety and substituting in lieu thereof a new Code Section 40-6-392 to read as follows:

Page 1020

40-6-392. (a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, evidence of the amount of alcohol or drug in a person's blood at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substance shall be admissible. Where such a chemical test is made, the following provisions shall apply: (1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences; (2) When a person shall undergo a chemical test at the request of a law enforcement officer under Code Section 40-5-55, only a physician, registered nurse, laboratory technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer; (3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; (4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made

Page 1021

available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Code section; (5) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood. (b) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions: (1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; (2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; (3) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; (4) If there was at that time 0.12 percent or more of weight of alcohol in the person's blood, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 40-6-391. (c) In any criminal trial, the refusal of the defendant to permit a chemical analysis to be made of his blood, breath, urine, or other bodily substance at the time of his arrest shall be admissible in evidence against him.

Page 1022

Section 15. Said title is further amended by striking in its entirety Code Section 40-6-393, which reads 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 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., 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 degree and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 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

Page 1023

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 15 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 16 . Said title is further amended by striking Code Section 40-13-53, relating to the release of certain persons for certain offenses, in its entirety and substituting in lieu thereof a new Code Section 40-13-53 to read as follows: 40-13-53. (a) Subject to the exceptions set out in subsection (b) of this Code section, any officer who arrests any person for the violation of a traffic law or traffic ordinance alleged to have been committed outside the corporate limits of any municipality shall permit such person to be released upon being served with a citation and complaint and agreeing to appear, as provided in this article, unless such officer has reasonable and probable grounds to believe that the person will not obey such citation and agreement to appear. (b) Persons arrested for the following offenses may not be released as provided in subsection (a) of this Code section: (1) Operating a motor vehicle in violation of Code Section 40-6-391; (2) Any motor vehicle registration violation; (3) Speeding in excess of 15 miles per hour over the speed limit; or (4) Any other offense which the court has excepted by order.

Page 1024

(c) The court may, by its order, add to the exceptions set out in subsection (b) of this Code section but shall have no authority to remove any of such exceptions. Section 17 . Code Section 15-11-49 of the Official Code of Georgia Annotated, relating to juvenile traffic offenses, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) A juvenile traffic offense shall not include any offense to which Code Section 40-5-54 or Code Section 40-5-70 is applicable. Section 18 . This Act shall become effective on September 1, 1983. Section 19 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT AMENDED. Code Title 50, Chapter 17 Amended. No. 446 (House Bill No. 566). AN ACT To amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated known as the Georgia State Financing and Investment Commission Act, so as to enable the use of guaranteed revenue bonds to finance local water and sewer projects through a special purpose state authority; to provide that payments from such authorities receiving funds from bonds issued by the state and which must generate sufficient revenues to pay debt service on such bonds

Page 1025

may pay said revenue directly into the debt sinking funds from which debt service on the bonds will be paid; to provide for other matters relative to the forgoing; 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 17 of Title 50 of the Official Code of Georgia Annotated known as the Georgia State Financing and Investment Commission Act, is amended by striking paragraph (6) of Code Section 50-17-21, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (6) to read as follows: (6) `Guaranteed revenue debt' means revenue obligations issued by an instrumentality of the state pursuant to this article to finance toll bridges, toll roads, and any other land public transportation facilities or systems and water and sewer facilities or to make or purchase, or lend or deposit against the security of, loans to citizens of the state for educational purposes, the payment of which has been guaranteed by the state as provided in this article. Section 2 . Said article is further amended by striking paragraph (3) of subsection (b) of Code Section 50-17-24, relating to the administration of public debt and purposes, and limitations relative thereto, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) Public debt for public purposes may be either general obligation debt or guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and those state authorities which were created and activated prior to the amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the state if such revenue obligations are issued to finance toll bridges, toll roads, or any other land public transportation facilities or systems, or water or sewage treatment facilities or systems, or to make or purchase, or lend or deposit against the security of, loans to citizens of the state for educational purposes; provided, however, that in no event shall general obligation debt or guaranteed revenue debt be incurred

Page 1026

for water or sewage treatment facilities or systems for counties or municipalities unless such facilities are financed in whole or in part through an instrumentality of the state created by the General Assembly for the purpose of assisting the state, counties, or municipalities in the financing of water or sewage treatment facilities or systems for the benefit of the citizens of Georgia. General obligation debt or guaranteed revenue debt may be incurred to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the second paragraph of Article IX, Section VI, Paragraph I (a) of the Constitution is applicable. 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, 1983. GEORGIA DEVELOPMENT AUTHORITY LAW AMENDED. Code Title 50, Chapter 10 Amended. No. 447 (House Bill No. 567). AN ACT To amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to revise extensively the provisions relating to the Georgia Development Authority; to expand the purpose of the authority; to enable the authority to utilize more fully development capital assistance programs of the United States government and in support of this program to assist local governments in meeting their environmental facility needs; to assist local governments so as to benefit the economy of the local government and of the state; to add certain definitions; to

Page 1027

change the membership, appointment, and terms of members of the authority; to expand the powers of the authority; to provide for the issuance of revenue bonds, bonds, notes, obligations, and evidences of indebtedness by the authority; to provide for certain of the terms which may be contained in instruments executed by the authority and for limitations and procedures in connection therewith; to provide that bonds, revenue bonds, notes, and other obligations issued by the authority shall not constitute indebtedness of the State of Georgia; to provide that the state may guarantee the payment of bonds, revenue bonds, notes, or other obligations of the authority; to provide that the proceeds of general obligation bonds of the state may be used to improve authority property; to provide that property of the authority shall be tax exempt; to provide for the venue of legal actions brought against the authority; to provide that certain funds shall be withheld from local governments upon the happening of certain events; 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 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, is amended by striking in its entirety Code Section 50-10-2, which reads as follows: 50-10-2. (a) It is the purpose and intent of this chapter to provide an instrumentality to assist agricultural and industrial interests in their effort to commence, expand, or diversify their operations by providing credit and servicing functions to better enable the farmers and businessmen within this state to obtain needed capital funds and to encourage and secure financial institutions in the lending of money for such purposes. (b) It is the purpose of this chapter to clothe the authority with corporate power to operate and to administer the funds held and received by it and to possess and operate under licenses or permits granted it by the United States or this state., and inserting in lieu thereof a new Code Section 50-10-2 to read as follows:

Page 1028

50-10-2. (a) It is the purpose and intent of this chapter to provide an instrumentality to assist agricultural and industrial interests in their effort to commence, expand, or diversify their operations by providing credit and servicing functions to better enable the farmers and businessmen within this state to obtain needed capital funds and to encourage and secure financial institutions in the lending of money for such purposes. (b) It is the purpose of this chapter to clothe the authority with corporate power to operate and to administer the funds held and received by it and to possess and operate under licenses or permits granted it by the United States or this state. (c) It is found and declared that there exists a great and growing need in the state for the construction of environmental facilities for the furnishing of clear and wholesome water to the general public and for the preservation and improvement of the quality of the environment. Financial assistance is an important inducement to construct such facilities and, therefore, this necessity, in the public interest and for the public benefit and good, is declared as a matter of legislative determination. (d) It is further the purpose and intent of this chapter to provide an instrumentality to provide environmental facilities to assist local governments in constructing, extending, rehabilitating, repairing, and renewing environmental facilities and to assist in the financing of such needs by providing grants, loans, bonds, and other assistance to local governments. Section 2 . Said chapter is further amended by striking from Code Section 50-10-3, relating to the creation of the authority and its membership, the following language: and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts. The authority shall consist of 11 members or directors, one of whom shall be the Commissioner of Agriculture, ex officio, one of whom shall be the commissioner of industry and trade ex officio, one of whom shall be an economist from the staff of the University of Georgia, appointed by the Governor, whose term shall expire July 1, 1967, and one of whom at the time of appointment by the Governor shall be a member of the General Assembly, whose term shall expire July 1, 1968. Six other members of the authority shall be appointed by the Governor in

Page 1029

such manner that the term of one member shall expire July 1, 1961, the term of another member shall expire July 1, 1962, the term of another member shall expire July 1, 1963, the term of another member shall expire July 1, 1964, the term of another member shall expire July 1, 1965, and the term of another member shall expire July 1, 1966. The successors to other than ex officio members shall be appointed for terms of eight years from the date of expiration of their respective terms of office except that any person appointed to fill a vacancy shall serve only for the unexpired term. Immediately after his appointment a member of the authority shall enter upon his duties. The authority shall elect one of its members as chairman, another as vice-chairman, and a president and general manager, who shall also be a member of the authority, ex officio, to serve at the pleasure of the other members of the authority. (b) Six members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority, with the exception of the president and general manager, whose compensation shall be fixed by the authority, shall be entitled to receive as compensation a director's fee, or perdiem, of $50.00 for attendance at all properly constituted meetings and shall be entitled to, and shall be reimbursed for, their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own governance. It shall have a perpetual existence. (c) The members or directors of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books, together with a statement of the authority's financial position, to the state auditor for such audit and inspection as the state auditor may deem wise, once a year, on or about the close of the state's fiscal year, but the authority may cause such additional independent audits to be made as it may deem necessary., and inserting in lieu thereof the following language: and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of nine members: the Commissioner of Agriculture, ex officio; the state auditor, ex officio; the commissioner of the Department of Industry and Trade, ex officio; and six

Page 1030

members to be appointed by the Governor. Two members are to be from and represent the interests of agriculture, two members are to be from and represent the interests of industry, and two members are to be from and represent the interests of local governments in Georgia. The terms of all members of the authority who are in office on March 1, 1983, shall terminate on July 1, 1983. The Governor shall then appoint three members, one each representing agriculture, industry, and local governments, to serve until July 1, 1986, and three members, one each representing agriculture, industry, and local governments, to serve until July 1, 1987. After expiration of these terms, the terms of all succeeding members shall be for four years. (b) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The members of the authority shall be entitled to and shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties and shall receive the same per diem as do members of the General Assembly. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. Any change in the name or compensation of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. The Attorney General shall provide legal services for the authority and in connection therewith Code Sections 45-15-13 through Code Section 45-15-16 shall be fully applicable. (c) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state's fiscal year for the purpose of obtaining a certified audit of the authority's finances. (d) There shall be an executive committee consisting of five members of the authority to be known as the Rural Rehabilitation Committee. The chairman of the Rural Rehabilitation Committee shall be the Commissioner of Agriculture, ex officio. The other members of the committee shall be the state auditor, ex officio, the two members of the authority who represent the interests of agriculture, and one member of the authority designated by the authority.

Page 1031

The Rural Rehabilitation Committee shall administer all assets received by the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, and all assets of the authority derived therefrom and shall be authorized to employ agents to accomplish such administration. Neither the Rural Rehabilitation Committee nor the authority shall at any time commingle assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, with other assets of the authority. The Rural Rehabilitation Committee shall maintain a separate accounting of such assets and shall maintain suitable books and records of such assets which shall be audited as are the books and records of the authority for other assets. Contracts concerning assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, shall be executed by the committee., so that when so amended Code Section 50-10-3 shall read as follows: 50-10-3. (a) There is created a body corporate and politic to be known as the Georgia Development Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of nine members: the Commissioner of Agriculture, ex officio; the state auditor, ex officio; the commissioner of the Department of Industry and Trade, ex officio; and six members to be appointed by the Governor. Two members are to be from and represent the interests of agriculture, two members are to be from and represent the interests of industry, and two members are to be from and represent the interests of local governments in Georgia. The terms of all members of the authority who are in office on March 1, 1983, shall terminate on July 1, 1983. The Governor shall then appoint three members, one each representing agriculture, industry, and local governments, to serve until July 1, 1986, and three members, one each representing agriculture, industry, and local governments, to serve until July 1, 1987. After expiration of these terms, the terms of all succeeding members shall be for four years. (b) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The members of the authority shall be entitled to and shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties and

Page 1032

shall receive the same per diem as do members of the General Assembly. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. Any change in the name or compensation of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. The Attorney General shall provide legal services for the authority and in connection therewith Code Sections 45-15-13 through Code Section 45-15-16 shall be fully applicable. (c) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state's fiscal year for the purpose of obtaining a certified audit of the authority's finances. (d) There shall be an executive committee consisting of five members of the authority to be known as the Rural Rehabilitation Committee. The chairman of the Rural Rehabilitation Committee shall be the Commissioner of Agriculture, ex officio. The other members of the committee shall be the state auditor, ex officio, the two members of the authority who represent the interests of agriculture, and one member of the authority designated by the authority. The Rural Rehabilitation Committee shall administer all assets received by the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, and all assets of the authority derived therefrom and shall be authorized to employ agents to accomplish such administration. Neither the Rural Rehabilitation Committee nor the authority shall at any time commingle assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, with other assets of the authority. The Rural Rehabilitation Committee shall maintain a separate accounting of such assets and shall maintain suitable books and records of such assets which shall be audited as are the books and records of the authority for other assets. Contracts concerning assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, shall be executed by the committee. Section 3 . Said chapter is further amended by striking Code Section 50-10-4 and Code Section 50-10-5, which read as follows:

Page 1033

50-10-4. (a) The corporate purpose and the general nature of the business of the Georgia Development Authority shall be: (1) Rural rehabilitation permissible under the charter of the Georgia Rural Rehabilitation Corporation and contained in paragraph (3) thereof and within the meaning of Public Law 499, Eighty-first Congress, Second Session; (2) The development of agriculture and industry generally within the state by providing, securing, or guaranteeing loans for such purposes; and (3) Possession of and operation under any franchise, license, or permit granted to it by the United States or this state for a business purpose. (b) The corporate powers of the authority shall be those provided in this chapter and those additional powers provided in subparagraph (a)(3)(C) and paragraphs (1) through (6), (8), (11), and (19) of subsection (b) of Code Section 14-2-21, and in Code Section 14-2-147. (c) In addition to, and not in limitation of, the powers granted in this chapter, the Georgia Development Authority shall have and may exercise the power and authority to guarantee or insure loans made for rural rehabilitation purposes or for agricultural and industrial development, provided that the authority shall maintain a reserve or insurance fund in an amount not less than 15 percent of the contingent liability existing by reason of any contracts of insurance or guarantee. The reserve or insurance fund of the authority shall be invested in securities and investments permitted to insurance companies under the laws of this state. 50-10-5. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes hereof., and inserting in lieu thereof new Code sections to read as follows: 50-10-4. As used in this chapter, the term: (1) `Authority' means the Georgia Development Authority.

Page 1034

(2) `Bond' includes revenue bond. (3) `Cost of project' or `cost of any project' means: (A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services; fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges, bond insurance, and loan or loan gurantee fees and all interest on revenue bonds, notes, or other obligations of the authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, and accountants in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative

Page 1035

to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, including bond insurance; (G) All fees of any type charged by the authority in connection with any project; (H) All expenses of or incidental to determining the feasibility or practicability of any project; (I) All costs of plans and specifications for any project; (J) All costs of title insurance and examinations of title with respect to any project; (K) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (M) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture or trust or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority. (4) `County' means any county created under the Constitution or law of this state. (5) `Environmental facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned:

Page 1036

(A) For the purposes of supplying, distributing and treating water and diverting, channeling, or controlling water flow and head including, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, water works or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water; and (B) For the purposes of collecting, treating, or disposing of sewerage including, but not limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall, pumping stations, treatment and disposal plants, ground water rechange basins, backflow prevention devises, sludge dewatering or disposal equipment and facilities, clarifiers, filters, phosphorus removal equipment and other plants, soil absorption systems, innovative systems or equipment, structures, equipment, vehicles, conveyances, real or personal property or rights therein, and appurtenances thereto necessary or useful and convenient for the collection, conveyance, pumping, treatment, neutralization, storing, and disposing of sewage. (6) `Environmental services' means the provision, collectively or individually, of water facilities, sewage facilities, or management services. (7) `Local government' or `local governing authority' means any municipal corporation or county or any local water or sewer or sanitary district and any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of the state. (8) `Municipal corporation' or `municipality' means any city or town in this state.

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(9) `Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds. (10) `Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities. (11) `Revenue bond' includes bond. (12) `Sewerage facility' means any environmental facility described in subparagraph (B) of paragraph (4) of this Code section, defining `environmental facilities.' (13) `Water facility' means any environmental facility described in subparagraph (A) of paragraph (4) of this Code section, defining `environmental facilities.' 50-10-5. (a) The corporate purpose and the general nature of the business of the Georgia Development Authority shall be: (1) Rural rehabilitation permissible under the charter of the Georgia Rural Rehabilitation Corporation and contained in paragraph (3) thereof and within the meaning of Public Law 499, Eighty-first Congress, Second Session; and nothing contained in this chapter shall be construed to permit the violation of trust agreements, contracts, or other obligations entered into by the state or the authority pursuant to Public Law 499, Eighty-first Congress, Second Session, or to encumber assets of the authority necessary to the performance of such trust agreements, contracts, or obligations, and no bonds, revenue bonds, notes, or other

Page 1038

obligations of the authority issued for an environmental facility project may encumber assets of the authority provided to it under the provisions of Public Law 499, Eighty-first Congress, Second Session, nor any funds derived or to be derived from such assets. The authority shall at no time commingle funds obtained under the provisions of Public Law 499, Eighty-first Congress, Second Session, or funds derived from such assets with other funds of the authority, and such funds shall not be liable for any deficit, default, or failure of any environmental facility project; nor shall funds obtained by the authority, through the issuance of obligations or otherwise, for environmental facility projects be liable for any deficit, default, or failure of any program insured, guaranteed, or involving funds obtained by the authority under Public Law 499, Eighty-first Congress, Second Session, or arising under Public Law 499, Eighty-first Congress, Second Session; (2) The development of agriculture and industry generally within the state by providing, securing, or guaranteeing loans for such purposes; (3) Possession of and operation under any franchise, license, or permit granted to it by the United States or this state for a business purpose; and (4) Assistance to local governments in constructing, extending, rehabilitating, repairing, replacing, and renewing environmental facilities needs necessary for public purposes and commercial, residential, and industrial development or necessary or incidental to such development by providing grants, loans, bonds, and other forms of financial and technical assistance to local governments by providing such facilities. (b) The corporate powers of the authority shall be those provided in this chapter. (c) In addition to, and not in limitation of, the powers granted in this chapter, the Georgia Development Authority shall have and may exercise the power and authority to guarantee or insure loans made for rural rehabilitation purposes or for agricultural and industrial development, provided that, with respect to any such guarantee or contract of insurance made by the Rural Rehabilitation Committee involving an asset provided to the authority under Public Law 499,

Page 1039

Eighty-first Congress, Second Session, the authority shall maintain a reserve or insurance fund out of such assets in an amount not less than 15 percent of the contingent liability existing by reason of any such contracts of insurance or guarantee made by the Rural Rehabilitation Committee. The reserve or insurance fund of the authority may be invested. (d) Except as otherwise limited by this chapter, the authority's powers are reaffirmed and expanded as follows, which reaffirmed and expanded powers are to be considered cumulative of the powers previously given the authority. The authority shall have power: (1) To sue and be sued in all courts of this state, the original jurisdiction and venue of such actions being the Superior Court of Fulton County; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by local government, the authority, or by the state or any state authority; and any and all local governments, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority for such consideration and for such purposes as they deem advisable; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their compensation; (6) To finance by loan, loan guarantee, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renew, replace, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, lease, equip,

Page 1040

expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, 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, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; (7) To make loans, through the acquisition of bonds, revenue bonds, notes, or other obligations, and to make grants to local governments or state or local governmental agencies for the acquisition or construction of agricultural, industrial, or commercial facilities and of environmental facilities by any such local government or state or local governmental agency and to adopt rules, regulations, and procedures for making such loans and grants; (8) To borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust 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, and to evidence and to provide security for such loans; (9) To issue revenue bonds, bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay, all or any part of the cost of any project and otherwise to use the proceeds to further or carry out the public purpose of the authority and to pay all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out such purpose and to pay all costs of the authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations; (10) To collect fees and charges in connection with its loans, commitments, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority; (11) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry

Page 1041

out the purposes of this chapter, 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; (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, the Federal Intermediate Credit Bank, and the 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 any 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 any 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 any Georgia Deposit Insurance

Page 1042

Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta of 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: (i) Direct and general obligations of the state or of any county or municipality in the state; (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 subparagraph (A), (B), (C), or (D) of this paragraph, equal at all times to the amount of the

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interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangements; (12) To acquire or contract to acquire from any person, firm, corporation, local government, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the authority; (13) To invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (11) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal installments and interest payments, schedule for which such moneys are to be applied; (14) To provide advisory, technical, consultative, training, educational, and project assistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local governments are authorized to enter into contracts with the authority for such services and to pay for such services as may be provided them; (15) To make loan commitments and loans to local government and to enter into option arrangements with local government for the purchase of said bonds, revenue bonds, notes, or other obligations; (16) To sell or pledge any bonds, revenue bonds, notes, or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable; (17) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in

Page 1044

any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (18) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; (19) To contract with state agencies or any local government for the use by the authority of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority and such state agencies and local governments are authorized to enter into such contracts; (20) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations to the state, any local government, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or secured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit of loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (21) As security for repayment of any bonds, revenue bonds, notes, or other obligations of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement

Page 1045

for the sale of the authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; (22) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter; (23) To use income earned on any investment for such corporate purposes of the authority as the authority in its discretion shall determine; (24) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local government, and joint agencies are authorized and empowered to cooperate and act in conjunction, and to enter into contracts or agreements with the authority and local government to achieve or further the policies of the state declared in this chapter; (25) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; (26) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; (27) To do all things necessary or convenient to carry out the powers conferred by this chapter; and

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(28) To designate three or more of its number to constitute an executive committee who, to the extend provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs and property of the authority and the exercise of its powers. (e) The authority shall not have the power of eminent domain. 50-10-6. (a) The authority may make loans to a local government to pay all or any part of the cost of a project. The authority may require the local government to issue bonds or revenue bonds as evidence of such loans. The authority and a local government may enter into such loan commitments and option agreements as may be determined appropriate by the authority. (b) The authority may require as a condition of any loan to a local government that such local government shall perform any or all of the following: (1) In the case of loans for a sewerage facility, establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) costs of operation, maintenance, replacement, renewal, and repairs and (B) outstanding indebtedness incurred for the purposes of such sewerage facility, including the principal of and interest on the bond, revenue bond, note, or other obligation issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (2) In the case of loans for a water facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) costs of operation, maintenance, renewal, replacement, and repairs of the water facility of such local government and (B) outstanding indebtedness incurred for the purposes of such water facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (3) Create and maintain a special fund or funds, as additional security for the payment of the principal of such revenue bonds and the interest thereon and any other amounts becoming

Page 1047

due under any agreement, entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such payment as the same shall become due and payable; (4) Create and maintain such other special funds as may be required by the authority; and (5) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other actions as may be deemed necessary or desirable by the authority to secure the payment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment. (c) All local governments issuing and selling bonds, revenue bonds, notes, or other obligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this chapter. (d) In connection with the making of any loan authorized by this chapter, the authority may fix and collect such fees and charges including, but not limited to, reimbursement of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges. 50-10-7. (a) For the purposes of this chapter, the term `lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government or any combination thereof. (b) A local government by resolution of its governing body may enter into a lease agreement for the provision of environmental services utilizing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom.

Page 1048

(c) No lease agreement shall be deemed to be a contract subject to any law requiring that contract shall be let only after receipt of competitive bids. (d) Any lease agreement may provide for the construction of such environmental facility by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provisions of law otherwise applicable to the letting of such contracts by such local government and with the provisions of state law pertaining to prevailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same. (e) Any lease agreement executed by the authority directly with any local government may provide that at the termination thereof and upon payment in full of all amounts due thereunder and otherwise to the authority, title to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens of encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority. (f) Any lease agreement directly between the state or authority and a local government may contain provisions requiring the local government to perform any or all of the following: (1) In the case of a sewerage facility, to establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, replacement, and repairs of the sewerage facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such sewerage facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease

Page 1049

agreement, including amounts for the creation and maintenance of any required reserves; (2) In the case of a water facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all of a specified portion of: (A) The costs of operation, maintenance, renewal, and repairs of the water facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (3) To create and maintain reasonable reserves or other special funds; (4) To create and maintain a special fund or funds, as additional security for the punctual payment of any rentals due under such lease agreement and for the deposit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall become due and payable; or (5) To perform such other acts and take such other actions as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the authority in the event of a default by such local government in such payment. 50-10-8. (a) The authority shall have the power and is authorized from time to time to issue bonds, in such principal amounts as it may determine to be necessary to pay all or a portion of the cost of any project or environmental facilities, to provide amounts necessary for any corporate purposes, including incidental expenses in connection with the issuance of the bonds. (b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems

Page 1050

appropriate, such bonds to be primarily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to local environmental facility projects. (c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose. (d) Bonds issued by the authority shall be special obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be issued, subject to any agreements entered into between the authority and state agencies, local government, or private parties and subject to any agreements with the holders of outstanding bonds pledging any particular revenues or moneys. (e) (1) The authority is authorized to obtain from any department, agency, or corporation of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or local governments purchased or held by the authority; and to enter into any agreement or contract with respect to any such insurance or guaranty, except to the extent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the authority. (2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any renewal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in such form, either coupon or registered, as to principal or interest or both principal and interest, carry such registration privileges,

Page 1051

be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide. Bonds may be sold at public or private sale for such price or prices as the authority shall determine. (3) Any resolution or resolutions authorizing bonds or any issue of bonds may contain provisions which may be a part of the contract with the holders of the bonds thereby authorized as to: (A) Pledging all or part of its revenues, together with any other moneys, securities, contracts, or property to secure the payment of the bonds, subject to such agreements with bondholders as may then exist; (B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof; (C) Limiting the purpose to which the proceeds from the sale of bonds may be applied; (D) Limiting the right of the authority to restrict and regulate the use of any project or part thereof in connection with which bonds are issued; (E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding or other bonds; (F) Setting the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, including the proportion of bondholders which must consent thereto and the manner in which such consent may be given; (G) Creating special funds into which any revenues or other moneys may be deposited; (H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued; (I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may

Page 1052

determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to Code Section 50-10-11 and limiting or abrogating the rights of the bondholders to appoint a trustee under such Code section or limiting the rights, duties, and powers of such trustee; (J) Defining the acts or omissions to act which may constitute a default in the obligations and duties of the authority to the bondholders and providing for the rights and remedies of the bondholders in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter; (K) Limiting the power of the authority to sell or otherwise dispose of any environmental facility or any part thereof or other property, including municipal bonds held by it; (L) Limiting the amount of revenues and other moneys to be expended for operating, administrative, or other expenses of the authority; (M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and (N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bondholders. (4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable concerning the use or disposition of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including

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refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the holders of bonds of the authority. (5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the authority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collateral or further act, and the lien of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such parties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed. (6) All bonds issued by the authority shall be executed in the name of the authority by the chairman and secretary of the authority and shall be sealed with the official seal or a facsimile thereof. Coupons, if any, shall be executed in the name of the authority by the chairman of the authority, the facsimile signature of the chairman and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs; and the facsimile of the chairman's signature shall be used on coupons, if such are attached. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, notwithstanding the fact that before or after delivery thereof such person ceased to hold such office. (7) Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (8) All bonds issued by the authority under this chapter may be executed, confirmed, and validated under and in accordance

Page 1054

with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter. (9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings. (10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state 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 of this state. (11) The authority shall reimburse the district attorney for his actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond: (A) One dollar each for the first 100 bonds; (B) Twenty-five cents each for the next 400 bonds; and (C) Ten cents for each such bond over 500. (12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration. (13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof. (14) The authority, subject to such agreements with bondholders as then may exist, shall have power out of any moneys available therefor to purchase bonds of the authority, which shall thereupon be canceled, at a price not in excess of the following:

Page 1055

(A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or (B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemption, plus accrued interest to the next interest payment date. (15) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. 50-10-9. The authority shall not enter into any contract or agreement with any local government with respect to the financing of any environmental facility pursuant to this act, unless the director of the Environmental Protection Division of the Department of Natural Resources shall have completed all existing statutory reviews and approvals with respect to such project. Nothing in this chapter shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division for existing statutory reviews and approvals. 50-10-10. The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and

Page 1056

loan associations, investment companies and other persons carrying on a banking business, and 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 other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state is now or hereafter may be authorized. 50-10-11. The State of Georgia does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, 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 or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders. 50-10-12. Neither the members of the authority nor any officer or employee of the authority acting in behalf thereof, while acting within the scope of his authority, shall be subject to any liability resulting from: (1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; (2) The construction, ownership, maintenance, or operation of any sewerage system, environmental facility, or water system owned by a local government; or (3) Carrying out any of the powers expressly given in this chapter. 50-10-13. The provisions of this chapter shall be liberally construed to effect the purpose hereof. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 1 of Title 10, known as the `Georgia

Page 1057

Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any such act be subject to referendum. 50-10-14. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt. 50-10-15. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. 50-10-16. The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights. 50-10-17. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority

Page 1058

must be approved by the commission established by Article VII, Section III, Paragraph III of the Constitution of the State of Georgia of 1976 and Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1982 or its successor, provided that, except as to the use of the proceeds of bonds guaranteed as to payment by the state or with respect to funds provided to the authority by the state from the sale of state general obligation bonds, the authority shall not acquire any bond, revenue bond, note, or other obligation from a local government issued to pay all or part of the cost of any local project to be acquired or constructed by a local government unless such local government shall have first undertaken to sell such bond, revenue bond, note, or other obligation pursuant to a request for bids or a request for proposal, for negotiation or otherwise, in accordance with and on terms and conditions prescribed by the above commission. 50-10-18. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter. 50-10-19. The authority is specifically authorized, to the extent permitted under the Constitution of this state, to use the proceeds of general obligation debt incurred by the state on such projects and for such purposes as are described by the General Assembly of Georgia in legislation stating the purposes for which such debt is incurred. 50-10-20. Nothing contained in this chapter shall permit the authority to issue bonds or revenue bonds at any time when the sum of: (1) The highest aggregate annual debt service requirements for the then current fiscal year or any subsequent fiscal year for outstanding authority bonds or revenue bonds, including the proposed bonds or revenue bonds; and (2) The highest annual debt service requirements for the then current fiscal year or any subsequent fiscal year on general obligation debt of the state issued for authority projects exceeds 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such bond or revenue bond is to be issued.

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50-10-21. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government, it shall be the duty of the authority to notify the director of the Fiscal Division of the Department of Administrative Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state. 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 29, 1983. METROPOLITAN RIVERS LAND USELAW AMENDED. Code Title 12, Chapter 5 Amended. No. 448 (Senate Bill No. 204). AN ACT To amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the protection of metropolitan

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rivers, so as to define certain terms; to provide additional legislative findings; to provide for duties of the commission; to prohibit certain land and water use; to provide exceptions; to delete certain requirements on applications for certificates; to provide for the powers of the commission with regard to certain land and water use activities; to provide for powers of local governing authorities with regard to certain land and water use activities; to provide for procedures; to provide criteria for applying minimum standards for certificates and recommendations; to provide for appeals; to delete provisions providing for local option coverage; to provide for exceptions; to provide for enforcement; to require certain action by local governing authorities; to provide for enforcement by the state under certain conditions; to provide procedures; to preserve certain powers; to provide for other matters relative 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 . Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the protection of metropolitan rivers, is amended by striking Code Section 12-5-441, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 12-5-441 to read as follows: 12-5-441. As used in this part, the term: (1) `Applicant' means any person who requests the issuance of a certificate under this part. (2) `Area' means a standard metropolitan statistical area recognized by the United States Department of Commerce, Bureau of the Census, and as set forth in Appendix C, County and City Data Book 1977: A Statistical Abstract Supplement, U. S. Department of Commerce, Bureau of the Census , 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. (3) `Board' means the Board of Natural Resources. (4) `Certificate' means a building permit or other written authorization issued under this part and shall include, as a part

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thereof, the application and all documents supplied in support thereof and the approval by the governing authority together with any conditions thereto. (5) `Commission' means the area planning and development commission or metropolitan area planning and development commission created for any county or group of counties included in each such area pursuant to the authority contained in Article 2 or 4, respectively, of Chapter 8 of Title 50. (6) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (7) `Flood plain' means that area adjacent to a major stream which is subject to being flooded with a probable frequency of at least once every 100 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. (8) `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. (9) `Impoundment' means any body of water, formed by a dam, which is less than 25,000 acres in size. (10) `Land-disturbing activity' means scraping, plowing, clearing, dredging, grading, excavating, transporting, or filling of land or placement of any structure or impervious surface, dam, obstruction, or deposit. (11) `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. (12) `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.

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(13) `Plan' means the comprehensive plan prepared by the commission pursuant to Code Section 12-5-443. (14) `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. (15) `Public notice' means a legal notice in a newspaper of general circulation in the political subdivision at least once a week for two consecutive weeks. (16) `Stream corridor' means all land in the area in the watercourse, within 2,000 feet of the watercourse, or within the flood plain, whichever is greater. (17) `Tributary' means any flowing stream which flows into the major stream at a point which is within the stream corridor. (18) `Watercourse' means the banks of a major stream, including any impoundments thereon, in the area as defined by the low-water mark of such stream and any impoundments and including the entire bed of such stream and any impoundments 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. Section 2 . Said part is further amended by striking subsection (b) of Code Section 12-5-442, relating to legislative intent, which reads as follows: (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.,

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and inserting in lieu thereof a new subsection (b) to read as follows: (b) The General Assembly finds that the stream corridors of major streams in certain metropolitan areas as set forth in this part are vital areas within the meaning of Article III, Section VIII, Paragraph IIIA of the Constitution of the State of Georgia of 1976 and Article III, Section VI, Paragraph II of the Constitution of the State of Georgia of 1983. The purpose of this part is to provide a method whereby political subdivisions in certain metropolitan areas shall utilize the police power of the state, in accordance with a comprehensive plan, to protect consistently the water quality of any major stream, the public water supplies of such political subdivision and of the area, recreational values of the major stream, and private property rights of landowners; to prevent activities which contribute to floods and flood damage; to control erosion, siltation, and intensity of development; to provide for the location and design of land uses in such a way as to minimize the adverse impact of development on the major stream and flood plains; and to provide for comprehensive planning for the stream corridor in such areas., and by adding at the end of Code Section 12-5-442 a new subsection (d) to read as follows: (d) The General Assembly intends to authorize and require political subdivisions in any such area to enforce this part so as to protect the watercourse and the adjacent stream corridor. The General Assembly further intends that the state have the authority to enforce this part if the appropriate political subdivisions have failed or refused to do so and if the public interest requires it. Section 3 . Said part is further amended by striking Code Section 12-5-443, relating to land and water use plans, generally, and inserting in lieu thereof a new Code Section 12-5-443 to read as follows: 12-5-443. The commission shall, consistent with the purposes of this part: (1) Prepare, adopt, 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

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commission, shall be transmitted to each political subdivision by June 16, 1973. The plan as adopted by the commission for any and all land brought within the stream corridor after March 1, 1983, shall be transmitted to each political subdivision and to the director by July 1, 1983. The commission may, after hearing, utilize or 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; (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; and (4) Charge a reasonable fee to each applicant for review of any application for a certificate, which fee shall be sufficient to defray all or any portion of the administrative costs of review of the application by the commission and of the cost to the commission of monitoring and inspection of compliance with such certificates. Section 4 . Said part is further amended by striking Code Section 12-5-444, relating to prohibited land and water use, generally, and inserting in lieu thereof a new Code Section 12-5-444 to read as follows:

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12-5-444. (a) (1) Pending adoption of the plan by the commission, 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 by the commission, issue a letter or written statement signed by the executive director of the commission ruling with respect to any proposed land or water use in any 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. (2) Pending adoption of the plan by the commission as to any land brought within the stream corridor after March 1, 1983, it shall be unlawful for any person to engage in any land-disturbing activity in or on such land within 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 by the commission as to any land brought within the stream corridor after March 1, 1983, issue a letter or written statement signed by the executive director of the commission, ruling with respect to any proposed land-disturbing activity in or on such land that none of the above-listed adverse effects will occur as a result of the proposed use. (b) (1) After adoption by the commission of the plan or any portion thereof or any amendment thereto, it shall be unlawful within those areas regulated by the plan or any portion thereof or any amendment thereto for any person to engage in any land-disturbing activity in or on the stream corridor which will be

Page 1066

incompatible or inconsistent with the plan or any portion thereof or any amendment thereto. 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 issues a certificate for the proposed use pursuant to Code Section 12-5-445. (2) The governing authority shall, before referring the application to the commission pursuant to Code Section 12-5-445, require the applicant to furnish such detailed information on the proposed land or water use as the governing authority shall reasonably request and as required by the plan and rules and regulations adopted pursuant to this part. (3) Any land-disturbing activity shall be done strictly in accordance with the certificate issued under this part. Any substantial change or modification of a proposed land-disturbing activity for which a certificate has been issued shall require a new certificate, which must be issued in accordance with the requirements of this part. (4) The governing authority shall adopt ordinances, regulations, or procedures as necessary to assure that any land-disturbing activity is conducted in compliance with the plan and the certificate. (c) The governing authority shall give public notice of and shall hold a public 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. (d) The governing authority shall delineate and clearly label the stream corridor on the zoning map and the official map of such governing authority. Section 5 . Said part is further amended by striking Code Section 12-5-445, relating to processing and reviewing certificates, and inserting in lieu thereof a new Code Section 12-5-445 to read as follows:

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12-5-445. (a) After receipt of a complete application for a certificate, the governing authority shall transmit to the commission a copy of such complete application and all supporting documents. (b) (1) If, from the application or from its own investigation, the commission finds that there are inconsistencies between the plan and the land-disturbing activity proposed by the application, the commission may do any one of the following: (A) Recommend modification of the application in such manner as to be consistent with the plan; (B) Make a finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or (C) Recommend modification of the application in such manner that the application as to modified, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan. (2) If the commission fails to recommend modification of the application within 60 days from submission of such application to the commission and if the governing authority makes a specific finding that the application is consistent with the plan or makes a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, the governing authority shall be deemed to have complied with this Code section and may issue the certificate. (c) In any case where the commission has recommended modification of an application, the governing authority may: (1) Adopt such recommendation, incorporate it as a condition of the certificate, and issue a certificate with such conditions, in which case any land-disturbing activity under the certificate must be strictly in accordance with the recommendation so incorporated;

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(2) After making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, override such recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing body; however, such action by the governing authority is not final unless and until the governing authority: (A) Following the affirmative vote to override, holds a second public hearing on the application and the proposed override of the commission's recommendation, after giving public notice and after mailing notice to the applicant and to the commission at least five days prior to the hearing; (B) Gives full consideration to all comments made at the second public hearing; and (C) Reaffirms the vote to override the commission's recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing authority, after again making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or (3) Request reconsideration of such recommendation by the commission at a public hearing. 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 be issued. 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 and public notice shall be given. 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.

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(d) In making the finding required by subsection (b) of paragraph (2) of subsection (c) of this Code section, the commission and the governing authority shall follow the purposes set forth in this part and the goals set forth by the plan, as amended. Section 6 . Said part is further amended by striking in its entirety Code Section 12-5-446, which reads as follows: 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: (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

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(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., and inserting in lieu thereof the following: 12-5-446. Reserved. Section 7 . Said part is further amended by striking Code Section 12-5-447, relating to standards for certification, in its entirety and inserting in lieu thereof a new Code Section 12-5-447 to read as follows: 12-5-447. Every certificate issued by a governing authority and every recommendation of the commission, 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, shall comply with the following minimum standards: (1) No land or water use shall be permitted in the flood plain; and

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(2) No land or water use shall be permitted within 150 horizontal feet of the watercourse. Section 8 . Said part is further amended by striking Code Section 12-5-448, relating to appeals, in its entirety and inserting in lieu thereof a new Code Section 12-5-448 to read as follows: 12-5-448. Any person aggrieved by any final determination, cease and desist order, other order, or other final action of the commission or a governing authority under this part and who has exhausted any administrative remedies 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 final determination, cease and desist order, other order, or other final action of the governing authority or committee of such governing authority or of the commission. Upon failure to file an appeal within 30 days, the decision of the governing authority or committee of such governing authority or of the commission shall be final. The appeal shall be heard by the judge of the superior court without a jury. Section 9 . Said part is further amended by striking in its entirety Code Section 12-5-450, which reads as follows: 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., and inserting in lieu thereof the following: 12-5-450. Reserved. Section 10 . Said part is further amended by striking Code Section 12-5-451, relating to applicability, and inserting in lieu thereof a new Code Section 12-5-451 to read as follows: 12-5-451. This part shall not apply to the following uses:

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(1) Any land or water use for agriculture or animal husbandry as defined in the ordinances adopted by the governing authority, provided that a buffer of natural vegetation is maintained for a distance of 50 horizontal feet from the bank of the watercourse; (2) Ordinary maintenance and landscaping operations, except for a distance of 50 horizontal feet from the bank of the watercourse and except for the removal of healthy trees over two inches diameter breast height (DBH) anywhere in the stream corridor; (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; (4) (A) With regard to any land included in the stream corridor for the first time after March 1, 1983, any land or water use or land-disturbing activity: (i) Which, on March 1, 1983, is completed, under construction, fully approved by the governing authority, or for which all requests for approval of construction are pending before the governing authority; or (ii) Which is to be located on land which, on March 1, 1983, 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; however, prior to March 1, 1984, construction of such land-disturbing activity must have actually commenced and expenditures must have been made in connection with such construction in excess of 10 percent of the estimated cost of the total projected land-disturbing activity, exclusive of the cost of the land, or in excess of $100,000.00, exclusive of the cost of the land, whichever is less; otherwise a certificate for the project must be obtained pursuant to this part.

Page 1073

(B) Upon request by the owner of any land included in the stream corridor for the first time after March 1, 1983, the commission shall make a determination whether any land or water use or land-disturbing activity on such land satisfies the conditions set forth in this subsection for exclusion from application of this part. Any such request shall be accompanied by any information concerning the land or water use or land-disturbing activity as the commission may reasonably request. If the commission determines that the land or water use or land-disturbing activity fails to satisfy the conditions set forth in this subsection, the commission shall state the reasons therefor. The commission shall be authorized to delegate this authority to its executive director. If such delegation is made, any person aggrieved by any such determination of the executive director may appeal such determination to the commission within 30 days of the issuance of such determination; or (5) Any land or water use or land-disturbing activity which is undertaken or financed, in whole or in part, by the Department of Transportation of the State of Georgia. Section 11 . Said part is further amended by striking Code Section 12-5-452, relating to violations, and Code Section 12-5-453, relating to jurisdiction, and inserting in lieu thereof a new Code Section 12-5-452 and a new Code Section 12-5-453 to read as follows: 12-5-452. (a) If a governing authority determines that any person is violating any provision of this part, any rule or regulation adopted pursuant to this part, or the terms and conditions of any certificate issued under this part, the appropriate governing authority shall employ any one or any combination of any or all of the following enforcement methods: (1) The appropriate governing authority may issue a cease and desist order specifying the provision of this part or the rule or the term or condition of a certificate violated and requiring the person so ordered to cease and desist from such activity and to take corrective action within a reasonable period of time as prescribed in the order. Such corrective action may include, but shall not be limited to, requiring that the affected portion of the stream corridor be returned to its condition prior to the violation insofar as practical. Any such order shall become final unless the

Page 1074

person named therein requests in writing a hearing before the governing authority no later than 30 days after the issuance of such order. On the basis of such hearing, the governing authority shall be authorized to continue such order in effect, to revoke the order, or to modify it; (2) Whenever the appropriate governing authority finds that an emergency exists requiring immediate action to protect the watercourse and the public interest, the governing authority may issue an emergency cease and desist order, effective immediately, reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Any person against whom such order is directed shall comply therewith immediately but, on application to the governing authority, shall be afforded a hearing within five business days. On the basis of such hearing the governing authority shall be authorized to continue such order in effect, to revoke the order, or to modify it; (3) The appropriate governing authority may seek injunctive relief pursuant to subsection (b) of this Code section; or (4) The governing authority shall be authorized to delegate to a responsible official thereof the authority to issue the orders set forth in this subsection. (b) Any land-disturbing activity in violation of this part, any rule or regulation adopted pursuant to this part, or any certificate issued pursuant to 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, the director, or any person. (c) Any person who violates this part or any rule or regulation adopted pursuant to this part, any certificate issued pursuant to this part, or any final cease and desist order or emergency order issued pursuant to this part may be fined a civil penalty not to exceed $1,000.00 for each acre or part thereof on which such violation occurs. Each day on which such violation exists is a separate offense. (d) The superior court having jurisdiction over an action brought pursuant to this Code section shall have the authority to require that the land within the stream corridor be restored to its

Page 1075

original condition prior to the unauthorized land-disturbing activity, if possible and if environmentally appropriate. If such restoration is ordered by the court and not carried out within the time limits set forth in a final court order, the governing authority shall be authorized to carry out total or partial restoration within the stream corridor, and the person or persons responsible for the unauthorized land-disturbing activities shall be liable for the amount expended upon restoration. Such amount shall be recoverable by the governing authority in an action against such person or persons. 12-5-453. (a) On or before January 1, 1984, each governing authority shall adopt ordinances or regulations governing use of all land which is in the drainage basin of any tributary. Such regulations and ordinances shall, at a minimum, include the following: (1) Buffer areas of adequate width as determined by local governing authorities along all flowing streams in the drainage basin of any tributary, in which areas there will be no land-disturbing activity; and (2) Soil erosion and sediment control regulations consistent with the `Erosion and Sedimentation Act of 1975,' Chapter 7 of Title 12 of the Official Code of Georgia Annotated, as now or hereinafter amended. Requirements of the plan, other than those requirements consistent with the `Erosion and Sedimentation Act of 1975,' shall not apply in the drainage basin of any tributary outside the stream corridor. (b) If the governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations which effectively control erosion and sedimentation in a tributary, the commission shall give written notice to the governing authority of its intent to request the director to undertake enforcement of erosion and sediment control regulations in the drainage basin of such tributary. If, after such notice from the commission, the governing authority fails to demonstrate, to the satisfaction of the commission, its intent and ability to enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of such tributary, the commission shall request the director to assume enforcement of erosion and sediment control regulations in the drainage basin of such tributary.

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(c) Upon notification by the commission of a governing authority's failure to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary or upon a determination by the director, after consultation with the commission, that a governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary, the director may revoke the certification of a governing authority as an issuing authority for permits required by the `Erosion and Sedimentation Act of 1975,' for the land within the drainage basin of such tributary. Section 12 . Said part is further amended by adding at the end thereof a new Code Section 12-5-456 and a new Code Section 12-5-457 to read as follows: 12-5-456. (a) If the commission has reason to believe that any person is carrying out any land-disturbing activity in or on the stream corridor without a certificate pursuant to this part, in violation of the terms and conditions of a certificate issued pursuant to this part, or in any other respect in violation of this part, the commission shall notify the governing authority of the political subdivision in which such illegal activity is taking place and shall recommend action to correct the situation. A copy of such notice to the governing authority shall be furnished to the director. If the commission has determined that the violation requires immediate enforcement action, the notice to the governing authority shall so state. (b) If, after notice from the commission, pursuant to subsection (a) of this Code section, of a violation which requires immediate enforcement action, a governing authority has failed to initiate an enforcement action or otherwise secure cessation of the violation within three business days of receipt of such notice, the commission shall so advise the director. (c) Upon notice from the commission pursuant to subsection (b) of this Code section of a violation of this part which requires immediate enforcement action and as to which the governing authority has failed to initiate enforcement action or otherwise secure cessation of the violation or upon a determination by the director, after consultation with the commission, that any person is violating any provision of this part, any rule or regulation adopted pursuant to this part, or the terms and conditions of any certificate issued pursuant to this part and that the public interest requires that the state take immediate

Page 1077

action, the director shall have the authority to employ any one or any combination of any or all of the following enforcement methods: (1) The director may issue a cease and desist order specifying the provision of this part or the rule or the term or condition of a certificate violated and requiring the person so ordered to cease and desist from such activity and to take corrective action within a reasonable period of time as prescribed in the order. Such corrective action may include, but shall not be limited to, requiring that the affected portion of the stream corridor be returned to its condition prior to the violation, insofar as practical. Any such order shall become final unless the person named therein requests in writing a hearing before a hearing officer appointed by the board no later than 30 days after the issuance of such order. Review of such order shall be available as provided in subsection (d) of this Code section; (2) Whenever the director finds that an emergency exists requiring immediate action to protect the watercourse and the public interest, the director may issue an emergency cease and desist order, effective immediately, reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Any person against whom such order is directed shall comply therewith immediately but, on application to the director, shall be afforded a hearing within five business days. On the basis of such hearing, the director shall be authorized to continue such order in effect, to revoke the order, or to modify it. Review of such order shall be available pursuant to subsection (d) of this Code section; (3) The director may seek injunctive relief pursuant to subsection (b) of Code Section 12-5-452; (4) Any person who engages in any land-disturbing activity in violation of this part, any rule or regulation adopted pursuant to this part, any certificate issued pursuant to this part, or any final or emergency order of the director shall be subject to a civil penalty not to exceed $1,000.00 for each acre or part thereof on which such violation occurs. Each day on which such violation exists is a separate offense. Whenever the director has reason to believe that any person has violated this part, any rule or regulation adopted pursuant to this part, any certificate issued pursuant to this part, or any order or emergency order issued pursuant to

Page 1078

this part, he may upon written request cause a hearing to be conducted before a hearing officer appointed by the board. Upon finding that such person has violated any provision of this part, any rule or regulation adopted pursuant to this part, any certificate issued pursuant to this part, or any final cease and desist order or emergency order issued pursuant thereto, the hearing officer shall issue his decision imposing civil penalties as provided in this Code section; or (5) In administrative proceedings or in judicial proceedings, the director may seek, among other relief, the restoration of the affected portion of the stream corridor to its original condition prior to the unauthorized land-disturbing activity, if possible and if environmentally appropriate. If such restoration is ordered by a final order of the Board of Natural Resources or of the superior court and not carried out within the time limit set forth in the final administrative order or final court order, the director shall be authorized to carry out such restoration, and the person responsible for the unauthorized land-disturbing activities shall be liable for the amount expended upon restoration. Such amount shall be recoverable by the director in an action against such person. (d) All hearings on and review of contested matters, orders, or other enforcement actions initiated by the director under this part shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and review procedure of this Code section shall be to the exclusion of all other means of hearings or review. (e) If, pursuant to this Code section, the director determines that the public interest requires initiation of an enforcement action by the director and if the director, after initiation of such enforcement action, secures cessation of the unauthorized activity or achieves the imposition of a civil penalty and the restoration of the land or is otherwise successful in correcting or penalizing the violation of this part, whether by formal legal action or by settlement, the governing authority within whose jurisdiction such violation occurred shall be liable to the state for the costs incurred by the state in such enforcement action, including the reasonable cost of attorneys' services. 12-5-457. No provision of this part shall repeal, supersede, or preempt any function, power, authority, duty, or responsibility

Page 1079

assigned to the Environmental Protection Division of the Department of Natural Resources by any other provision of this Code. Section 13 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 14 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. LEVY OF RETAIL SALES TAX FOR METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY EXTENDED. Georgia Laws 1965, Page 2243 Amended. No. 449 (House Bill No. 339). AN ACT To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved April 16, 1979 (Ga. L. 1979, p. 4634) and an Act approved April 7, 1981 (Ga. L. 1981, p. 4289), so as to provide that the retail sales and use tax for the Authority shall be at the rate of one percent until and including June 30, 2012, and shall thereafter be reduced to one-half of one percent, and to provide for the use of the proceeds of that tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved April 16, 1979 (Ga. L. 1979, p. 4634) and an Act approved April 7, 1981 (Ga. L.

Page 1080

1981, p. 4289), is amended by striking subsection (b) of Section 25 and inserting in its place a new subsection (b) to read as follows: (b) Rate of Tax. The tax when levied shall be at the rate of one (1%) percent until and including June 30, 2012, and shall thereafter be reduced to one-half (1/2%) of one percent. Said tax shall be added to the State Sales and Use Tax imposed by Article 1 of Chapter 8 of Title 48 of the O.C.G.A., and the State Revenue Commissioner is hereby authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax herein imposed in the areas affected. Section 2 . Said Act is further amended by striking subsection (i) of Section 25 and inserting in its place a new subsection (i) to read as follows: (i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation and amortization, until July 1, 2012, after which time no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation and amortization, and that commencing with July 1, 2012, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation and amortization. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980 or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent

Page 1081

herein provided, the Board may, in its sole discretion, reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words `operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction and improvement of the rapid transit system, according to accepted principles of accounting. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, constructing, or improving the rapid transit system and are invested, then all interest earned from such investments shall be used only for planning, designing, acquiring, constructing, or improving the rapid transit system or for paying the principal of or interest on bonds or certificates issued for such purposes. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes.

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This 8th day of December, 1982. John W. Greer Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 24, 31, 1982, and January 7, 1983. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes.

Page 1083

This 8th day of December, 1982. John W. Greer Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur DeKalb News Era which is the official organ of DeKalb County, on the following dates: December 23, 30, 1982, and January 6, 1983. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes.

Page 1084

This 8th day of December, 1982. John W. Greer Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 5, 12, 19, 1983. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes.

Page 1085

This 6th day of January, 1983. John W. Greer Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1983. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes.

Page 1086

This 8th day of December, 1982. John W. Greer Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 21, 28, 1982 and January 4, 1983. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1983.

Page 1087

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITYCONSTRUCTION, ETC., PRIORITIES CHANGED. Georgia Laws 1965, Page 2243 Amended. No. 450 (House Bill No. 648). AN ACT To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), so as to change the construction, completion, and operation priority of portions of the Authority's rapid rail system; to provide for legislative intent; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), is amended by striking in subsection (k) of Section 25 the following: and third, to construct, complete, and operate that portion of the rail system described in the Rapid Transit Contract and Assistance Agreement by and between the Authority, the counties of Fulton and DeKalb, and the City of Atlanta, dated September 1, 1971, as amended, which extends from the City of Doraville, Georgia, to the new mid-field terminal in Clayton County, Georgia, at the Hartsfield International Airport, giving equal priority to extending said rail system to serve the City of Doraville and the Hartsfield International Airport, and inserting in its place the following: and third, to construct, complete, and operate that portion of the rail system described as Phases A, B, and C in the Rapid Transit Contract and Assistance Agreement by and between the Authority,

Page 1088

the counties of Fulton and DeKalb, and the City of Atlanta, dated September 1, 1971, as amended, in the following manner and order of priority: (1) Phase A; (2) Phase B; (3) That portion of Phase C extending from Lenox Road to Brookhaven on the Northeast Line and from Lakewood to East Point on the South Line, with completion of Brookhaven occurring before completion of East Point; (4) That portion of Phase C extending from Brookhaven to Chamblee on the Northeast Line; (5) That portion of Phase C extending from East Point to College Park to the mid-field terminal in Clayton County, Georgia, at the Hartsfield International Airport on the South Line and Southwest Branch; and (6) That portion of Phase C extending from Chamblee to Doraville on the Northeast Line. Section 2 . It is the intent of the General Assembly, through the passage of this Act, to change the construction, completion, and operation priority of portions of the rapid rail system of the Metropolitan Atlanta Rapid Transit Authority without unlawfully impairing the obligation of any contract in effect on the effective date of this Act. Section 3 . This Act shall become effective July 1, 1984. Section 4 . 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 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 8th day of December, 1982. John W. Greer Representative, 39th District

Page 1089

Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 21, 28, days of December, 1982 and on the 4, 11, 18, 25, days of January, 1983. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 27th day of January, 1983. /s/ April M. Elmore Notary Public, Georgia State at Large. My Commission Expires Feb. 17, 1986. (Seal). Notice. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 6th day of January 1983. John W. Greer Representative, 39th District

Page 1090

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. D. Adams, who, on oath, deposes and says that he is Representative from the 36th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1983. /s/ G. D. Adams Representative, 36th District Sworn to and subscribed before me, this 17th day of February, 1983. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 8th day of December, 1982. John W. Greer Representative, 39th District

Page 1091

Publisher's Certificate. Georgia, Gwinnett County. Personally appeared before the undersigned, a notary public within and for said county and State, Bruce R. Still, publisher of the Home Weekly, a newspaper published at Lawrenceville, county of Gwinnett, State of Georgia, who, being duly sworn, states on oath that the report of Metropolitan Atlanta Rapid Transit, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 5, 12, 19, 26 days of January, 1983. /s/ Bruce R. Still Publisher Sworn to and subscribed before me, this 31st day of January, 1983. /s/ Ann Dover Notary Public, Georgia State at Large. My Commission Expires February 18, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an

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Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 8th day of December, 1982. John W. Greer Representative, 39th District Publisher's Certificate. Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper published at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-Marta-1983 Session of General Assembly of Georgia a true copy of which is hereto annexed was published in said newspaper in its issue of the 23, 30, days of December 1982 and 6, 13, 20, 27, days of January 1983. /s/ Gerald W. Crane Co-Publisher /s/ Linda L. Orr Agent Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1983 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes.

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This 8th day of December, 1982. /s/ John W. Greer Representative, 39th District Publisher's Affidavit. Georgia, Cobb County. Before me the undersigned, a Notary Public, this day came Otis A. Brumby, personally known to me who being first duly sworn according to law, says that he is Publisher of Times-Journal, Inc. Publisher of The Marietta Daily Journal, the official newspaper of which Sheriff's advertisements in and for said County are published and a newspaper of general circulation with its principal place of business in said county, Legal Ad M 685 Notice to Introduce Local Legislation appeared in said paper on December 28, 31, 1982 and January 7, 14, 21, 28, 1983. /s/ Otis A. Brumby, Jr. Sworn to and subscribed before me, this 28th day of January, 1983. /s/ Thelma Kemp Richards Notary Public, Georgia State at Large. My Commission Expires October 17, 1983. (Seal). Approved March 29, 1983.

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Sworn to and subscribed before me, this 27th day of January, 1983. /s/ Linda L. Orr Notary Public. My Commission Expires June 21, 1985. (Seal). Approved March 29, 1983. PEACE OFFICER AND PROSECUTOR TRAINING FUND ACT OF 1983. Code Title 15, Chapter 21, Article 4 Enacted. No. 451 (Senate Bill No. 70). AN ACT To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments for offenses against the criminal and traffic laws of this state and political subdivisions thereof; to provide that such additional assessments may be used for the training of peace officers and prosecuting officials as well as other purposes; to provide for the authority for said additional penalty assessments; to provide for the collection and distribution of said penalty assessments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, is amended by adding at the end thereof a new Article 4 to read as follows:

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ARTICLE 4 15-21-70. This article shall be known as and may be cited as the `Peace Officer and Prosecutor Training Fund Act of 1983.' 15-21-71. This article is enacted pursuant to Article III, Section IX, Paragraph VI, subparagraph (d) of the Constitution of Georgia, which provision authorizes additional penalty assessments in criminal and traffic cases and provides that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting officials. 15-21-72. It is the intent of this article to provide funding for the training of law enforcement and prosecutorial officers. 15-21-73. (a) (1) In every case in which any state court; probate court; municipal court, whether known as mayor's, recorder's, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to the lesser of $50.00 or 10 percent of the original fine. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to the lesser of $50.00 or 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court; probate court; municipal court, whether known as mayor's, recorder's, or police court; or superior court shall order the forfeiture of bail or bond, the additional sum equal to the lesser of $50.00 or 10 percent of the original bail or bond shall be paid over as provided in Code Section 15-21-74. (b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Probate Judge Retirement Fund. 15-21-74. The sums provided for in Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be

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paid over to the commissioner of the Department of Revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of the Department of Revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter. 15-21-75. When any such person, agency, or unit of government whose duty it is to collect and pay over such moneys within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. 15-21-76. Any person whose duty it is to collect and remit the sum provided for in this article who fails or refuses to so remit shall be guilty of a misdemeanor. 15-21-77. An amount equal to all funds remitted as provided in Code Section 15-21-74 in the immediately preceding year shall be appropriated to fund law enforcement or prosecutorial officers' training, or both, and activities incident thereto, including, but not limited to, payment or repayment to the state treasury for capital outlay, general obligation bond debt service, administrative expenses and any other expense or fund application which the General Assembly may deem appropriate. This Code section shall not preclude the appropriation of a greater amount for this purpose. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983.

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FAIR EMPLOYMENT PRACTICES ACT OF 1978 AMENDED. Code Title 45, Chapter 19, Article 2 Amended. No. 452 (House Bill No. 348). AN ACT To amend Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices, so as to revise extensively and supersede existing provisions of Article 2 of said chapter, known as the Fair Employment Practices Act of 1978; to change the definition of public employer and employer; to change the name of the Fair Employment Practices Advisory Board; to change the provisions relating to the membership and officers of the board; to change the provisions relating to the administrator and the administrator's powers and duties; to change certain time periods; to change the provisions relating to practices and procedures; to provide for records; to provide for jurisdiction; to prohibit certain actions; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices, is amended by striking Article 2, known as the Fair Employment Practices Act of 1978, in its entirety and substituting in lieu thereof a new Article 2 to read as follows: ARTICLE 2 45-19-20. This article shall be known and may be cited as the `Fair Employment Practices Act of 1978.' 45-19-21. (a) The general purposes of this article are: (1) To provide for execution within public employment in the state of the policies embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended by the Equal Employment Opportunity Act of 1972 (86 Stat. 103), as from time

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to time amended, the federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), as from time to time amended, and the federal Rehabilitation Act of 1973 (87 Stat. 355), as from time to time amended; (2) To safeguard all individuals in public employment from discrimination in employment; (3) To promote the elimination of discrimination against all individuals in public employment because of such individuals' race, color, religion, national origin, sex, handicap, or age thereby to promote the protection of their interest in personal dignity and freedom from humiliation; to make available to the state their full productive capacities; to secure the state against domestic strife and unrest which would menace its democratic institutions; to preserve the public safety, health, and general welfare; and to further the interests, rights, and privileges of individuals within the state. (b) This article shall be broadly construed to further the general purposes stated in this Code section and the special purposes of the particular provision involved. (c) Nothing in this article shall be construed as indicating an intent to exclude local or federal laws on the same subject matter, which laws are not inconsistent with this article. (d) Nothing contained in this article shall be deemed to repeal any other nonconflicting law of this state relating to discrimination because of race, color, religion, national origin, sex, handicap, or age. 45-19-22. As used in this article, the term: (1) `Administrator' means the administrator of the Office of Fair Employment Practices provided for by Code Section 45-19-24. (2) `Board' means the Fair Employment Practices Board created by Code Section 45-19-23. (3) `Discrimination' means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation

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or preference in the treatment of a person or persons because of race, color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting, coercing, or compelling of such an act or practice. This term shall not include any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of religion if an employer demonstrates that the employer is unable to accommodate reasonably an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's operation. (4) `Handicap' means a physical or mental impairment which substantially limits one or more of a person's major life activities, unless an employer demonstrates that the employer is unable to accommodate reasonably to an employee's or prospective employee's handicap without undue hardship on the conduct of the employer's operation. (5) `Public employer' or `employer' means any department, board, bureau, commission, authority, or other agency of the state which employs 15 or more employees within the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A person elected to public office in this state is a public employer with respect to persons holding positions or individuals applying for positions which are subject to the State Merit System of Personnel Administration or any personnel merit system of any agency or authority of this state. A person elected to public office in this state is not a public employer with respect to persons holding positions or individuals applying for positions on such officer's personal staff or on the policy-making level or as immediate advisors with respect to the exercise of the constitutional or legal powers of the office held by such officer. The term `public employer' shall include the State Merit System of Personnel Administration whether or not such agency is the immediate employer of the party or parties claiming to be aggrieved. (6) `Public employment' means employment by any department, board, bureau, commission, authority, or other agency of the State of Georgia.

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(7) `Religion' means all aspects of religious observance and practice as well as belief. (8) `Unlawful practice' means an act or practice declared to be an unlawful practice in Code Sections 45-19-29 through 45-19-31, 45-19-32, or 45-19-45. 45-19-23. (a) A Fair Employment Practices Board is created. The board shall consist of nine persons. Subject to confirmation by the Senate, the members of the board shall be appointed by the Governor for three-year terms, except as hereafter provided. Of the Governor's initial appointments, three shall be for one-year terms, three shall be for two-year terms, and three shall be for three-year terms. In the event of a vacancy during the term of any member appointed by the Governor whether by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be only for the remainder of the unexpired term. The membership of the board shall be representative of a fair and reasonable cross section of the population of the state and one-third of the members shall have experience in labor or Title VII law enforcement, or other legal human rights experience. (b) The board shall annually elect a chair and such other officers as it deems appropriate and shall meet at least three times a year at a time and place specified in writing by the administrator. The board may also meet from time to time upon its own motion, as deemed necessary by a majority of the members thereof, for the purposes of conducting routine or special business. Each member of the board shall serve without pay; but the members who are not otherwise state officials or employees shall receive a per diem of $44.00 for each day said members are engaged in their official duties plus the legal mileage allowance authorized for state employees for the use of their personal automobiles while engaged in the official duties of the board. (c) The board shall make a written report to the Governor and to the General Assembly by December 31 of each year. Such report shall advise the Governor and the members of the General Assembly of the board's activities and the administration of this article and shall make such recommendation for change, if any, as the board deems proper. (d) The board shall assist the administrator of the Office of Fair Employment Practices in an advisory capacity in carrying out the

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duties and functions of the office including but not limited to matters relating to fair employment practices and the effectiveness of the state programs and operations. (e) The board shall establish and certify to the Governor at the beginning of each fiscal year a list of not less than 12 persons, including females and minorities, licensed to practice law in Georgia, who have experience in labor law, in employment law, or administrative law, from which list the Governor may select, on the basis of rotation in sequential order, special masters as provided for in Code Section 45-19-37. The board may from time to time certify to the Governor additional persons to be added to the aforementioned list. 45-19-24. There is created the Office of Fair Employment Practices. The Governor shall appoint an administrator of the Office of Fair Employment Practices who shall serve at the pleasure of the Governor. The Office of Fair Employment Practices shall be attached to the office of the Governor for administrative purposes only. 45-19-25. The function of the administrator shall be to encourage fair treatment for public employees and to discourage unlawful discrimination in public employment. 45-19-26. The Attorney General shall be the legal adviser for the administrator. 45-19-27. In the enforcement of this article the administrator shall have the following powers and duties: (1) To maintain an office in the City of Atlanta and such other offices within the state as the administrator may deem necessary; (2) To meet and exercise the administrator's powers at any place within the state; (3) Within the limitations provided by law, to appoint clerks and other employees and agents as the administrator may deem necessary, to include employees and agents to represent complainants at special master hearings as provided in Code Section 45-19-37;

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(4) To cooperate with individuals and with state, local, and other agencies, both public and private, and to obtain upon request and utilize the services of all governmental departments and agencies; (5) To cooperate with the United States Equal Employment Opportunity Commission created by Section 705 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, and with other federal and local agencies in order to achieve the purposes of that act; and to cooperate with other federal and local agencies in order to achieve the purposes of this article; (6) To accept gifts, bequests, grants, or other public or private payments on behalf of the state and to pay such moneys into the state treasury; (7) To accept on behalf of the state reimbursement pursuant to Section 709(b) of the Civil Rights Act of 1964 (78 Stat. 241), as amended, for services rendered to assist the United States Equal Employment Opportunity Commission; (8) To receive, initiate, investigate, seek to conciliate, and make determinations regarding complaints alleging violations of this article and to approve or disapprove plans required by the Governor to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, national origin, or age; (9) To furnish technical assistance requested by persons subject to this article to further their compliance with this article or an order issued thereunder; (10) To investigate and make studies, subject to approval by the Governor, of unlawful practices in public employment and, in connection therewith, to hold hearings, to request the attendance of persons to give testimony, to receive for the record at any such hearing written statements, documents, exhibits, and other items pertinent to the subject matter of any such hearing, and, following any such investigation or hearing, to issue such report and recommendations as will in its opinion assist in carrying out the purposes of this article;

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(11) To require answers to interrogatories, examine witnesses, and require the production of documents so long as it is relevant to the investigation of a complaint; (12) To render written reports to the Governor and the General Assembly. The reports may contain recommendations of the administrator for legislative or other action to effectuate the purposes and policies of this article; (13) To make provision for technical and clerical assistance to the Fair Employment Practices Board; (14) To adopt, promulgate, amend, and rescind, subject to approval of the board and the Governor and after giving proper notice and hearing to all public employers pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' such rules and regulations as may be necessary to carry out the provisions of this article, including regulations requiring the posting or inclusion in advertising material of notices prepared or approved by the administrator and regulations regarding the filing, approval, or disapproval of plans to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, national origin, or age; (15) To cooperate with other organizations, public and private, to discourage unlawful practices and discrimination in employment; (16) To maintain with the United States Equal Employment Opportunity Commission status as a `deferral agency' under Section 706 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, as provided by the rules and regulations of said commission or as a `referral agency' under Section 709 of the Civil Rights Act of 1964 (78 Stat. 241), as amended; and (17) To require, pursuant to rules and regulations promulgated by the administrator under the authority of paragraph (14) of this Code section, from any state agency or department such reports and information at such times as it may deem reasonably necessary to carry out the purposes of this article. 45-19-28. The provisions of this article relating to discrimination in employment on the basis of age shall apply only to individuals who are at least 40 years of age but less than 70 years of age.

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45-19-29. It is an unlawful practice for an employer: (1) To fail or refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, national origin, sex, handicap, or age; (2) To limit, segregate, or classify their employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect an individual's status as an employee because of such individual's race, color, religion, national origin, sex, handicap, or age; or (3) To hire, promote, advance, segregate, or affirmatively hire an individual solely because of race, color, religion, national origin, sex, handicap, or age, but this paragraph shall not prohibit an employer from voluntarily adopting and carrying out a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, national origin, or age if the plan has first been filed with the administrator for review and comment for a period of not less than 30 days. 45-19-30. It is an unlawful practice for an employer controlling apprenticeship or other training or retraining including on-the-job training programs to discriminate against an individual because of such individual's race, color, religion, national origin, sex, handicap, or age in admission to or employment in any program established to provide apprenticeship or other training or to discriminate by allowing admission or promotion to an apprenticeship or training program solely because of race, color, religion, national origin, sex, handicap, or age. 45-19-31. It is an unlawful practice for an employer to print or publish or cause to be printed or published a notice or advertisement relating to employment by such an employer indicating any preference, limitation, specification, or discrimination based on race, color, religion, national origin, sex, handicap, or age, except that such a notice or advertisement may indicate a preference, limitation, or specification based on race, color, religion, national origin, sex, handicap, or age when religion, national origin, sex, handicap, or age is a bona fide occupational qualification for employment.

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45-19-32. It is an unlawful practice for a party to a conciliation agreement made pursuant to subsection (d) of Code Section 45-19-36 to violate the terms of the agreement. 45-19-33. It is not an unlawful practice for an employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, handicap, or age; nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration, or action upon the results thereof is not designed, intended, or used to discriminate because of race, color, religion, national origin, sex, handicap, or age. 45-19-34. It is not an unlawful practice for an employer to hire and employ employees or to select an individual in any training program on the basis of religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualification reasonably necessary to the normal functions of that particular employer's responsibilities. 45-19-35. (a) Quotas because of imbalances in employee ratios shall not be permitted. (b) Nothing contained in this article requires an employer to grant preferential treatment to an individual or to a group because of the race, color, religion, national origin, sex, handicap, or age of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, national origin, sex, handicap, or age in the state or a community, section, or other area or in the available work force in the state or a community, section, or other area. (c) It is specifically provided that neither subsection (a) nor (b) of this Code section nor any other provision of this article shall prohibit an employer from adopting or carrying out a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, national origin, or age if such plan is required by the Governor and filed with and approved by the administrator prior to its final adoption and implementation.

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(d) Nothing contained in this article prohibits: (1) Minimum hiring ages otherwise provided by law; (2) State compliance with federal regulations; (3) Termination of the employment of any person who is unable or incompetent or refuses to perform the person's duties; (4) Any physical or medical examinations of applicants or employees which an employer requires to determine fitness for the job or position sought or held; or (5) An employer from observing the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan which is not a subterfuge to evade the purposes of this article. 45-19-36. (a) An individual claiming to be aggrieved by an unlawful practice or another person on behalf of an individual claiming to be aggrieved by an unlawful practice may file with the administrator a written, sworn complaint stating that an unlawful practice has been committed setting forth the facts upon which the complaint is based and setting forth facts sufficient to enable the administrator to identify the employer, hereinafter called the respondent, charged. The administrator's staff shall promptly investigate the allegations of unlawful practice set forth in the complaint and within 15 days of filing, shall serve the respondent with a copy of the complaint. The complaint shall be barred unless filed within 180 days after the alleged unlawful practice occurs. (b) Within 90 days after the complaint has been filed, the administrator shall determine whether there is reasonable cause to believe the respondent has engaged in an unlawful practice. If it is determined that there is no reasonable cause to believe that the respondent has engaged in an unlawful practice, the administrator shall issue an order dismissing the complaint. (c) Within ten days after receiving a copy of the order dismissing the complaint, the complainant may file with the administrator an application for reconsideration of the order. Upon such application, the administrator shall determine within 15 days whether there is reasonable cause to believe that the respondent has engaged in an

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unlawful practice. If it is again determined that there is no reasonable cause to believe that the respondent has engaged in an unlawful practice, the administrator shall issue an order dismissing the complaint and notifying the complainant that such complainant has the right to request a right to sue letter from the appropriate federal agency or petition for review in the appropriate superior court as provided for in Code Section 45-19-39. (d) After investigation or after the review provided for in subsection (c) of this Code section, if the administrator determines that there is reasonable cause to believe that the respondent has engaged in an unlawful practice, then the administrator's staff shall first endeavor to eliminate the alleged unlawful practice by conference, conciliation, and persuasion. The terms of a conciliation agreement reached with a respondent may require the respondent to refrain from the commission of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the administrator and the respondent. If a conciliation agreement is entered into, the administrator shall issue and serve on the complainant a final order stating its terms. Except for the terms of the conciliation agreement, neither the administrator nor any agent thereof shall make public without the written consent of the complainant and the respondent information concerning efforts in the particular case to eliminate an unlawful practice by conference, conciliation, or persuasion, whether or not there is a determination of reasonable cause or a conciliation agreement. (e) In the event the administrator determines that there is reasonable cause to believe that an agency or authority has engaged in an unlawful practice as defined in this article and the administrator's staff is unable to eliminate the alleged unlawful practice by conference, conciliation, and persuasion, the administrator shall refer the complaint to a special master as provided for in Code Section 45-19-37. (f) At the expiration of one year from the date of a conciliation agreement and at other times in its reasonable discretion, the administrator's staff may investigate whether the terms of the agreement have been and are being complied with by the respondent. The administrator shall report the findings to the complainant and respondent. If the administrator finds reasonable cause to believe that the agreement has been breached, the complainant may seek enforcement of the agreement in the superior court of the county in

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which the alleged violation took place or in the county of the respondent's residence. 45-19-37. (a) Unless the administrator has issued an order dismissing the complaint or stating the terms of a conciliation agreement within 90 days after a complaint is filed, the administrator shall request that the Governor appoint, from the list provided for by subsection (e) of Code Section 45-19-23, a special master to conduct a hearing in accordance with this article. Not more than 15 working days after such request, the Governor shall select and appoint a special master who must be an attorney licensed to practice law in this state. The special master shall have all of the power and authority granted to agencies in conducting hearings and rendering final orders under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' including but not limited to subpoena power. (b) Not more than seven days after the appointment of the special master, the administrator shall serve on the respondent and on the complainant or the complainant's attorney by registered or certified mail a written notice together with a copy of the complaint requiring the respondent to answer the charges contained therein at a hearing before the special master at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent. (c) The respondent shall serve an answer with the special master by registered or certified mail not more than 20 working days after receipt of the notice of hearing, which 20 working days may be extended by the special master in the special master's discretion for an additional time not to exceed ten working days. The respondent's answer must show by a certificate of service that the respondent has served a copy of the answer on the complainant or the complainant's attorney at the last known address of the complainant or the complainant's attorney where complainant is represented by an attorney. Upon leave of the special master, the complainant may amend the charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the special master, may amend thereafter. No final order shall be issued unless the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. If the respondent fails to answer the complaint, the special master may enter the respondent's default. Unless the default is set aside for good cause shown, the hearing may proceed on the evidence in support of the complaint.

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(d) At any time after a notice of hearing is served upon a respondent, discovery shall be authorized in the same manner and fashion as discovery is permitted under Code Sections 9-11-26 through 9-11-37. Any order contemplated in Code Sections 9-11-26 through 9-11-37 may be issued by the special master. Judicial enforcement of any such order may be obtained by the complainant or respondent in the same manner as is provided for the enforcement of final orders in Code Section 45-19-40. (e) A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the complainant, and may offer evidence. The complainant and, at the discretion of the special master, any other person may intervene, examine and cross-examine witnesses, and present evidence. (f) Efforts at conference, conciliation, and persuasion shall not be received in evidence. (g) Testimony taken at the hearing shall be under oath and shall be stenographically or otherwise recorded by a certified court reporter. After the hearing, the special master at the special master's discretion may take further evidence or hear arguments upon notice to all parties with an opportunity to be present. (h) Except as otherwise specifically provided for in this article, all proceedings of the special master shall be conducted as provided for with respect to contested cases in Chapter 13 of Title 50. (i) A complainant may retain at the complainant's own expense private counsel to represent the complainant in any proceeding provided for under this article; however, the complainant may utilize the services of an individual employed by the administrator pursuant to paragraph (3) of Code Section 45-19-27 in presenting the complainant's case before the special master. 45-19-38. (a) If the special master determines that the respondent has not engaged in an unlawful practice, the special master shall state the special master's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor, dismissing the complaint.

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(b) If the special master determines that the respondent has engaged in an unlawful practice, the special master shall state the special master's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor, requiring the respondent to cease and desist from the unlawful practice and to take such remedial action as in the judgment of the special master will carry out the purposes of this article. (c) Remedial action under this Code section may include but is not limited to: (1) Hiring, reinstatement, or upgrading of employees with or without back pay. No award of back pay shall be ordered pursuant to this article with respect to any period more than two years prior to the date of the filing with the administrator of the complaint with respect to which such award of back pay is ordered. Interim earnings, unemployment benefits, workers' compensation benefits, or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable; (2) Admission or restoration of individuals to participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program and the utilization of objective criteria in the admission of individuals to such programs; (3) The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent; (4) Reporting as to the manner of compliance; (5) Posting notices in conspicuous places in the respondent's place of operation in the form prescribed by the administrator or special master; (6) Restoration of employment benefits not otherwise specified in this Code section; or (7) Recommending to the Governor that the respondent be required to adopt and file with the administrator, within a specified

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time limitation, for the administrator's approval a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, national origin, or age. (d) Any monetary award ordered pursuant to this article shall be for actual damages only. (e) The respondent shall comply without delay with the terms and conditions of such a final order. 45-19-39. (a) Any party to a hearing before a special master or a complainant whose complaint has been dismissed by the administrator may appeal any adverse final order of a special master by filing a petition for review in the superior court in the county in which the alleged unlawful practice occurred or in the superior court of the residence of the respondent within 30 days of the issuance of the final order. Neither the administrator nor the special master shall be a named party; however, the administrator must be served with a copy of the petition for review. Within 30 days after the petition is served on the administrator, the administrator shall forward to the court a certified copy of the record of the hearing before the special master, including the transcript of the hearing before the special master and all evidence, administrative pleadings, and orders, or the entire record if no hearing has been held. For good cause shown, the court may require or permit subsequent corrections or additions to the record. All appeals for judicial review shall be in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; provided, however, that if any provisions of Chapter 13 of Title 50 conflict with any provision of this article, this article controls. An individual employed by the administrator pursuant to paragraph (3) of Code Section 45-19-27 shall not have the authority to represent the complainant in any appeal to superior court of a final order of the special master or in any proceeding in any court, except to secure judicial enforcement of preliminary procedural orders of a special master. (b) The court shall not substitute its judgment for that of the special master as to the weight of the evidence on questions of fact. The court may affirm a final order of the special master or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

Page 1112

(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support said findings, inferences, conclusions, or decisions; or (6) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (c) If, upon judicial review of any order of a special master or in a proceeding in which a complainant seeks enforcement of a conciliation agreement, the court rules in favor of the complainant, then the court may in its discretion render an award of reasonable attorney's fees and costs of litigation in the superior court to the complainant. 45-19-40. Any person affected by a final order of the administrator or a special master may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the administrator or of a special master unappealed from or of a final order of a special master affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. 45-19-41. The administrator shall have exclusive jurisdiction over any claim of any unlawful practice under this article. A final determination of a claim alleging an unlawful practice under this article shall exclude any other action or proceeding brought by the same person based on the same complaint, except for any remedies which may be available under the United States Constitution and federal laws. 45-19-42. It shall not be a defense to a violation of this article by any person subject to this article that the violation was requested, sought, or otherwise procured by a person not subject to this article.

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45-19-43. (a) In connection with an investigation of a complaint of an unlawful practice filed under this article, the administrator or the administrator's designee shall have access at any reasonable time to premises, records, and documents relevant to the complaint and shall have the right to examine, photograph, and copy evidence. (b) Any person subject to this article shall: (1) Make and keep such records as may be prescribed by rules and regulations of the administrator which are necessary and relevant to the determination of whether an unlawful practice has been or is being committed; and (2) Make such reports therefrom as the administrator shall prescribe by rules and regulations which are reasonable, necessary, or appropriate for the enforcement of this article or orders or regulations under this article. (c) If a person fails to permit access, examination, photographing, or copying or fails to make or keep records or reports as required by this Code section, the administrator may issue an order requiring compliance. Upon a failure to comply with the order of the administrator, the administrator may apply to the superior court for an order directing compliance. (d) The administrator, by regulation, shall require each person subject to this article who controls an apprenticeship or other training program to keep all records reasonably necessary to carry out the purposes of this article, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which such applications were received. Such records shall be furnished to the administrator upon the administrator's request. The administrator may also request and receive a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training program. (e) Records and reports required by the administrator under this Code section shall conform as closely as practicable to similar records and reports required by federal law and to customary recordkeeping practices. (f) An employer or other person who believes that the application to them of an order issued under this article would result in

Page 1114

undue hardship may apply to the administrator for relief from the application of the order. If the administrator finds that the application of the regulation or order to the employer or person in question would impose an undue hardship, the administrator may grant appropriate relief. (g) With respect to a particular employer or person, it is unlawful without the employer's or the person's consent for the administrator or an employee of the administrator to make public information obtained by the administrator or the administrator's employees pursuant to the administrator's authority under this Code section, except such information as shall reasonably be necessary to the conduct of a proceeding under this article. 45-19-44. (a) It shall be an unlawful practice for a person willfully to: (1) Make public with respect to a particular employer or person without the employer's or person's consent information obtained by the administrator or the administrator's employees pursuant to its authority under Code Section 45-19-41, except as shall reasonably be necessary to carry out the provisions of this article; (2) Retaliate or discriminate in any manner against a person because the person has opposed a practice declared unlawful by this article or because the person has made a charge, filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing concerning an unlawful practice under this article; (3) Aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this article; (4) Obstruct or prevent a person from complying with this article or with any order issued under this article; (5) Resist, prevent, impede, or interfere with the administrator or any of its representatives, employees, or with a special master in the lawful performance of duty under this article; provided, however, that it shall not be a violation of this article for anyone to challenge or resist any action by the administrator or any of its employees or by a special master when there is a good

Page 1115

faith belief that the administrator is, or its employees are, or the special master is acting unlawfully or acting in excess of statutory authority; or (6) Initiate frivolous and unwarranted charges of discrimination against a public employer. (b) A violation of this Code section shall not be deemed a crime; but any person who willfully violates this Code section may be punished by a civil fine not to exceed $1,000.00. 45-19-45. It shall be an unlawful practice for a person or for two or more persons to conspire: (1) To retaliate or discriminate in any manner against a person because the person has opposed a practice declared unlawful by this article or because the person has made a charge, filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing concerning an unlawful practice under this article; (2) To aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this article; (3) To obstruct or prevent a person from complying with this article or any order issued under this article; (4) To resist, prevent, impede, or interfere with the administrator or any of its employees or a special master in the lawful performance of duty under this article; provided, however, that it shall not be a violation of this article for anyone to challenge or resist any action by the administrator or any of its employees or a special master when there is a good faith belief that the administrator or its employees or a special master is acting unlawfully or acting in excess of their statutory authority; or (5) To willfully initiate frivolous and unwarranted charges of discrimination against a public employer. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983.

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SALES OF FARM PRODUCED WINES AUTHORIZED. Code Title 3, Chapter 6 Amended. No. 453 (House Bill No. 171). AN ACT To amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to provide for licensing and regulation of farm wineries and sales by farm wineries; to exempt from taxation certain wine sold outside the state; 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 . Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, is amended by striking Code Section 3-6-21.1 and inserting in its place a new Code section to read as follows: 3-6-21.1. (a) As used in this Code section, the term: (1) `Farm winery' means a domestic winery located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the winery. (2) `Tasting room' means an outlet for the promotion of a farm winery's wine by providing complimentary samples of such wine to the public and for the sale of such wine at retail. (b) The commissioner may authorize any licensee which is a farm winery to sell its wine at retail in a tasting room or other facility on the premises of the winery for consumption on the premises and in closed packages for consumption off the premises and to sell its wine at retail in tasting rooms at five additional locations in the state but only if the annual production of wine by the farm winery is made in Georgia from at least 40 percent of Georgia grown agricultural products or was manufactured during calendar year 1981, 1982, or 1983 outside Georgia from 100 percent Georgia grown fruits, berries, or grapes.

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(c) (1) Except as provided in paragraph (2) of this subsection, the commissioner may authorize any licensee which is a farm winery to sell its wine at wholesale within the state but only if the annual production of wine by the farm winery is made in Georgia from at least 40 percent of Georgia grown agricultural products or was manufactured during calendar year 1981, 1982, or 1983 outside Georgia from 100 percent Georgia grown fruits, berries, or grapes and only if the annual production of wine by the farm winery in Georgia does not exceed 24,000 gallons per annum. (2) The commissioner shall not authorize any licensed farm winery to sell its wine at wholesale as provided in paragraph (1) of this subsection, unless such licensed farm winery shall have first offered its products for sale at a fair market wholesale price to a licensed Georgia wholesaler. If such wholesaler does not accept the farm winery's product within 30 days of such offer, the provisions of paragraph (1) of this subsection shall apply. (d) A farm winery licensee shall also be authorized to sell, deliver, or ship its wine in bulk, in accordance with regulations of the commissioner, to other farm winery licensees inside the state and shall be authorized to acquire and receive deliveries and shipments of wine made by farm winery licensees inside the state. (e) The annual license tax for each license issued pursuant to this Code section shall be $50.00. (f) The surety bond required as a condition upon issuance of a license pursuant to this Code section shall be the same as that required pursuant to Code Section 3-6-21 with respect to wineries. (g) Wines sold at retail by a manufacturer as provided in subsection (b) of this Code section shall have levied thereon an excise tax as prescribed by Code Section 3-6-50, and such tax shall be reported and remitted to the commissioner as provided in Code Section 3-2-6. Section 2 . Said chapter is further amended by striking Code Section 3-6-70 and inserting in its place a new Code section to read as follows: 3-6-70. The taxes imposed by this article shall not be levied with respect to:

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(1) Wine sold to and used by established and recognized churches and synagogues for use in sacramental services only; (2) Any sale of wine which is exempt from taxation by the state under the Constitution of the United States; or (3) Wine sold to persons outside this state for resale or consumption outside this state. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. AIRPORT AUTHORITIES CREATED FOR CERTAIN COUNTIES25,400 - 25,900. No. 464 (House Bill No. 705). AN ACT To create and establish an airport authority 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 and to provide for the powers of the authority; 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 provide that no debt of such counties shall be incurred in the exercise of any powers granted by this Act; to provide for termination of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . There is created a body corporate and politic to be known as the airport authority 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 which shall be deemed to be a political subdivision of the State of Georgia and a public corporation; and said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of laws and equity, except that the authority shall in no event be liable for any torts committed by any of its officers, agents, and employees. The authority may select any appropriate name for itself and thereafter shall be known by such name and style. The authority shall consist of five members, two of whom shall be appointed by the governing authorities of such counties and three of whom shall be elected and appointed by the governing authorities of the county seat in such counties. The terms of all members shall expire December 31, 1984. Upon the approval of this Act, the members above provided shall be appointed. Upon the approval of this Act and at the first meeting of the authority, the authority shall elect one of its members as its chairman and another member as vice-chairman, both of whom shall be elected for a term ending on December 31, 1984. The authority shall also elect a secretary and treasurer who shall be elected in the same manner and for the same term as the chairman and vice-chairman. One person may hold the office of secretary and treasurer, but no member of the authority shall hold any other two offices. The majority of the authority eligible to vote shall constitute a quorum and a majority of the quorum is empowered to exercise all the rights and perform all of the duties of the authority, except that it shall be necessary for three members of the authority to concur before any of the real property owned by the authority shall be sold or disposed of. In the event of a vacancy on the authority by 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 by the governing body which appointed such member. The members of the authority shall serve without compensation, except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 2 . As used in this Act, the term:

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(1) Authority means an airport authority in all counties of this state having a population of not less than 25,4000 nor more than 25,900 according to the United States decennial census of 1980 or any future such census. (2) Cost of the project embraces the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and during construction, cost of engineering, architectural, fiscal, and legal expenses, plans and specifications, and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of any project and improvements on the same, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority. (3) Project means and includes the acquisition, construction, equipping, maintenance, improving, and operation of airports and landing fields for the use of aircraft and related buildings and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such airports and landing fields for the use of aircraft deemed by the authority to be necessary, convenient, or desirable. Section 3 . The authority shall have powers: (1) To have a seal and alter the same at pleasure; (2) 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; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power and right of eminent domain, which is hereby granted, by condemnation in accordance with the provisions

Page 1121

of any and all existing 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 contract with respect to the use of or disposition 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 this Act except from the funds provided under the authority of this Act; and, in any proceeding to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as 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. 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; (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 or projects or leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; 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 may deem advisable. The authority is further granted the authority to make contracts and leases and to execute all instruments necessary or convenient with the United States government or any agency or department thereof concerning the projects of the authority; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in paragraph (3) of Section 2, 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;

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(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 or political subdivision 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 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 (10) To do all things necessary or convenient to carry out the powers especially given in this Act. Section 4 . The authority created by this Act shall be the successor to any airport authority created by an Act approved April 5, 1961 (Ga. L. 1961, p. 2819), and abolished pursuant to paragraph (542) of Section 2 of an Act approved February 27, 1981 (Ga. L. 1981, p. 3). This authority shall be vested with the title and interest to all personal and real property owned by the former authority. Section 5 . Notwithstanding any other provisions of this Act, the authority shall dispose of all real and personal property of every kind and character owned by it prior to December 31, 1984. All such property, or the proceeds therefrom, shall be divided between the county and the municipality which comprises the county seat. Such division of property shall be made in an equitable manner as determined by the authority. Section 6 . This Act shall stand repealed and the authority created hereunder shall be abolished on December 31, 1984. Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. STATE REPRESENTATIVE DISTRICTSCOMPOSITION OF CERTAIN DISTRICTS CHANGED. Code Section 28-2-1 Amended. No. 478 (House Bill No. 638). AN ACT To amend Code Section 28-2-1, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain state representative districts; to provide for all related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 28-2-1, relating to apportionment of the House of Representatives and qualifications of its members, is amended by striking from subsection (a) the description of Representative Districts No. 1 through 3, 5, 13 through 16, 20, 21, 44, 45, 71, 75 through 77, 91, 114, 115, 131, 136, 151, and 152 and inserting in lieu thereof the following new descriptions of said districts: District No. 1 - 2 Representatives Dade Tract 401 Blocks 101 through 104 and 401 That part of Block 402 which lies east of Lookout Mountain Ridge

Page 1124

Block 412 Block Groups 7 and 8 Walker Tracts 201 through 205, 206.01, 206.02, and 207 Tract 208 Block Groups 1 and 2 Blocks 301 through 309 Block Group 4 Tracts 209.01 and 209.02 District No. 2 - 1 Representative Catoosa Tract 301 Blocks 308, 315, 316, and 318 Tract 302 Tract 303 That part of Block 101 which lies north of the Georgia Power Company line Blocks 401 through 414 and 417 Block Group 5 Tract 304 Block Groups 1 through 3 Blocks 401 through 419 Tracts 305 and 306 Tract 307 Block Groups 1 through 3 Blocks 401 through 417 District No. 3 - 1 Representative Catoosa Tract 301 Block Groups 1 and 2 Blocks 301 through 307, 309 through 314, 317, and 319 through 321 Block Group 9 Tract 303 That part of Block 101 which lies south of the Georgia Power Company line Blocks 102 through 114, 415, 416, and 418 through 424

Page 1125

Tract 304 Blocks 420 through 431 Block Group 5 Tract 307 Blocks 418 through 420 Murray Whitfield Tract 9901 Blocks 101 through 126 Block Groups 2 and 3 Blocks 401 through 408 and 412 through 429 District No. 5 - 1 Representative Chattooga Dade Tract 401 Blocks 105, 106, and 197 through 199 Block Groups 2 and 3 That part of Block 402 which lies west of Lookout Mountain Ridge Blocks 403, 404, 406 through 411, 413 through 421, 423, and 424 Block Groups 5 and 6 Tract 402 Walker Tract 208 Blocks 310 through 317 District No. 13 - 2 Representatives Clarke Tract 13.02 Block Group 1 Tract 14.01 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

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Blocks 101 through 114 and 126 through 134 Franklin Hart Madison Tract 9901 Tract 9902 Blocks 103 through 105, 179 through 185, and 187 Blocks 201 through 220 and 223 through 228 Block Groups 3 and 4 Tract 9903 District No. 14 - 1 Representative Elbert Madison Tract 9902 Blocks 101, 102, 106 through 174, 177, 186, and 188 through 195 Blocks 221, 222, 229 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 Those parts of Blocks 101 and 102 outside the City of Rome Blocks 103 through 105 That part of Block 106 outside the City of Rome

Page 1127

Blocks 107 and 108 That part of Block 109 outside the City of Rome Blocks 110 through 112 That part of Block 113 outside the City of Rome Block 114 That part of Block 115 outside the City of Rome Block Groups 2 and 3 Tract 4 Blocks 101 through 103 That part of Block 104 outside the City of Rome Block 105 That part of Block 106 outside the City of Rome Blocks 107 through 134 That part of Block 135 outside the City of Rome Blocks 136 through 141 Those parts of Blocks 144 through 146 outside the City of Rome Blocks 147 through 149 Tract 6 That part of Block 101 outside the City of Rome Blocks 104 through 132 Those parts of Blocks 134 and 135 outside the City of Rome Block 137 That part of Block 138 outside the City of Rome Block 141 That part of Block 204 outside the City of Rome Tract 7 Tract 8 Blocks 101 through 103 That part of Block 111 outside the City of Rome Blocks 112, 118, and 121 through 139 Those parts of Blocks 140 and 148 outside the City of Rome

Page 1128

Blocks 151 through 153 and 155 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 Block 222 Those parts of Blocks 223 and 224 outside the City of Rome Blocks 227 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 Those parts of Blocks 201 and 202 outside the City of Rome Blocks 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 243 Tract 14 Tract 15 That part of Block 149 outside the City of Rome

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Tract 16 Blocks 213 and 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 Tract 17 Blocks 101 through 121 That part of Block 122 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, 113, 116 through 121, and 124 Those parts of Blocks 125 and 126 outside the City of Rome Blocks 127 through 150 and 155 Those parts of Blocks 201 and 202 outside the City of Rome Blocks 203 through 251 Tract 19 That part of Block 102 outside the City of Rome Blocks 104 through 111 and 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

Page 1130

District No. 16 - 1 Representative Floyd Tract 3 Those parts of Blocks 101, 102, 106 109, 113, and 115 within the City of Rome Tract 4 Those parts of Blocks 104, 106, and 135 within the City of Rome Blocks 142 and 143 Those parts of Blocks 144 through 146 within the City of Rome Blocks 150 through 152 Tract 5 Tract 6 That part of Block 101 within the City of Rome Blocks 102, 103, and 133 Those parts of Blocks 134 and 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 251 Block Groups 3 and 4 Tract 8 Blocks 104 through 110 That part of Block 111 within the City of Rome Blocks 113 through 117, 119, and 120 That part of Block 140 within the City of Rome Blocks 141 through 147 That part of Block 148 within the City of Rome Blocks 149, 150, 154, 156, 157, and 201 through 210 That part of Block 211 within the City of Rome

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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 Blocks 225 and 226 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 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 Tract 15 Blocks 101 through 148 That part of Block 149 within the City of Rome Blocks 150 and 151 Tract 16 Block Group 1

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Blocks 201 through 212 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, 301 through 303, 305 through 327, and 333 Tract 17 That part of Block 122 within the City of Rome Blocks 123 and 124 Those parts of Blocks 128 and 131 within the City of Rome Tract 18 Block 101 That part of Block 102 within the City of Rome Blocks 109 through 112, 114, 115, 122, and 123 Those parts of Blocks 125 and 126 within the City of Rome Block 154 Those parts of Blocks 201 and 202 within the City of Rome Tract 19 Block 101 That part of Block 102 within the City of Rome Block 112 That part of Block 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 Block Group 3 Tract 304.03 Blocks 419 through 421, 423, 424, and 427

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Block Groups 6 and 7 Tract 305 Blocks 512 and 515 through 522 Block Group 6 Blocks 724 through 729 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 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

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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, 2, 4 through 6, and 9 Tracts 304.01 and 304.02 Tract 304.03 Block Group 3 Blocks 401 through 405, 408 through 415, 418, 425, 426, and 428 through 430 Block Groups 5 and 9 Tract 305 Block Groups 1 through 4 Blocks 502, 504 through 511, 523 through 526, 702, 705 through 712, 714, 716 through 723, 798, and 799 Block Group 8 Tract 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

Page 1135

Tract 313.01 Blocks 234 and 235 Block Groups 4 and 9 District No. 44 - 1 Representative DeKalb Tract 212.05 Tract 212.06 Block Group 1 Blocks 202 through 207, 215 through 221, and 228 Block Groups 3 and 4 Tract 212.07 Block Groups 1 and 2 Blocks 315 and 320 Tract 213.03 Blocks 101 through 108 and 221 through 223 Tract 213.04 That part of Block 113 outside the City of Doraville Blocks 114 through 117, 203, and 204 That part of Block 301 outside the City of Doraville Blocks 302 through 307 District No. 45 - 1 Representative DeKalb Tracts 211, 212.02, and 212.03 Tract 212.06 Blocks 208 through 213 and 222 through 227 Tract 212.07 Blocks 303, 304, 306 through 309, 311, 314, and 316 through 319 Tract 213.01 Tract 213.03 Blocks 109 through 113, 201, 204, 205, 209, 210, 212, and 216 through 220. Tract 213.04 Blocks 106 through 111 That part of Block 113 within the City of Doraville Blocks 118 through 122, 205 through 215,

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217 through 221, 225, 227 through 230, 232, and 233 That part of Block 301 within the City of Doraville District No. 71 - 1 Representative Carroll Tract 9906 Block Group 1 Tract 9907 Block Group 3 Blocks 404 through 450, 453, 454, and 514 through 517 Coweta Tract 9902 Blocks 105 through 110 and 116 Block Groups 2 through 4 Tracts 9903 and 9904 Tract 9905 Block Groups 1 and 2 Blocks 301 through 318 Blocks 401 through 413 and 416 through 420 Tract 9906 Block Groups 2 through 4 Blocks 501 through 518 District No. 75 - 1 Representative Coweta Tract 9901 Block Groups 1 through 3 Blocks 401 through 424 and 426 through 430 Block Groups 5 through 7 Tract 9902 Blocks 101 through 104 and 111 through 115 Tract 9906 Blocks 101 through 128 Tract 9907 Blocks 101 through 104, 112 through 116, and 134

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Pike Tract 9901 Blocks 101 through 127 Those parts of Blocks 128 and 129 outside the City of Zebulon Blocks 130 through 144 and 201 through 207 Those parts of Blocks 208, 214, and 215 outside the City of Zebulon Blocks 216 through 223 and 251 through 253 Block Group 3 Spalding Tract 9901 Blocks 105 through 117 and 127 Tract 9902 Tract 9903 Blocks 102 through 115 That part of Block 116 outside the City of Griffin Blocks 117, 118, and 124 through 126 That part of Block 127 outside the City of Griffin Blocks 128 through 130 Those parts of Blocks 131, 132, 138, and 139 outside the City of Griffin Blocks 140 through 144, 146, and 147 Block Group 5 Tract 9904 Block Group 1 Tract 9905 Blocks 511 through 514 That part of Block 531 outside the City of Griffin Block 535 Those parts of Blocks 536 and 538 outside the City of Griffin Blocks 539 through 546 Tract 9906 That part of Block 121 outside the City of Griffin Block 131 That part of Block 322 outside the City of Griffin

Page 1138

Block 324 Those parts of Blocks 326 through 329 outside the City of Griffin Block Group 4 Tract 9907 Block 227 District No. 76 - 1 Representative Spalding Tract 9901 Blocks 101 through 104, 118 through 126, and 128 through 145 Block Group 2 Tract 9903 That part of Block 116 within the City of Griffin Blocks 120, 122, and 123 Those parts of Blocks 127 and 131 within the City of Griffin Blocks 132 and 133 through 137 Those parts of Blocks 138 and 139 within the City of Griffin Block 145 Tract 9904 Block Groups 2 and 3 Tract 9905 Block Groups 1 through 4 Blocks 501 through 510 and 515 through 530 That part of Block 531 within the City of Griffin Blocks 532 through 534 That part of Block 536 within the City of Griffin Block 537 That part of Block 538 within the City of Griffin Tract 9906 Blocks 101 through 120 That part of Block 121 within the City of Griffin Block Group 2 Blocks 301 through 321

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That part of Block 322 within the City of Griffin Blocks 323 and 325 Those parts of Blocks 326 through 329 within the City of Griffin Tract 9907 Block Group 1 Blocks 201 through 226 and 238 through 242 Tract 9908 District No. 77 - 1 Representative Coweta Tract 9905 Blocks 319 through 321 Blocks 414, 415, and 421 through 425 Tract 9907 Block Groups 2 and 3 Block 428 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 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

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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 That 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 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. 91 - 1 Representative Coweta Tract 9901 Block 425

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Tract 9907 Blocks 105 through 111, 117 through 133, and 135 through 153 Blocks 401 through 427 and 429 through 431 Meriwether Talbot District No. 114 - 1 Representative Houston Tract 205 Blocks 218 through 230, 234 through 237, and 901 That part of Tract 206 bounded as follows: begin at the southwesterly corner of Robins Base which lies at the intersection of State Highway 247 and Laundry Drive; proceed thence in an easterly direction along the southern boundary of Robins Base to the southeasterly corner of Robins Base; proceed thence in a northerly direction along the eastern boundary of Robins Base to its point of intersection with 7th Street; proceed thence in a westerly direction along 7th Street to its point of intersection with Page Road; proceed thence in a northerly direction along Page Road to its point of intersection with Oak Street; proceed thence in a westerly direction along Oak Street to its termination and thence due west to a point of intersection with the western boundary of Robins Base; proceed thence in a southerly direction along the western boundary of Robins Base to the point of beginning; said boundary being as shown on the census maps for the United States decennial census of

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1980 for the State of Georgia Tracts 207 and 208 Tract 209 Blocks 201 through 224, 302 through 316, and 407 through 430 Tracts 210 and 211.01 Tract 211.02 Blocks 102 through 111 and 114 through 118 Blocks 201 through 207 District No. 115 - 1 Representative Houston Tract 211.02 Blocks 101, 112, 113, 119, and 120 Block Group 3 Tracts 211.03, 212 through 214, 215.01, and 215.02 Macon Tract 9901 Blocks 112 through 115 That part of Block 130 outside the City of Marshallville Blocks 131 through 142 Those parts of Blocks 143, 159, and 162 through 164 outside the City of Marshallville Blocks 165 and 169 through 191 Block Groups 4 and 5 Tract 9902 District No. 131 - 1 Representative Calhoun Clay Lee Tract 201 Blocks 201 through 236, 238, and 241 Tract 202 Tract 203 Blocks 119 through 135 Block Groups 2 and 3 Blocks 401 through 448

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That part of Block 449 within the City of Leesburg That part of Block 503 within the City of Leesburg Blocks 504 through 522 Terrell District No. 136 - 1 Representative Lee Tract 201 Block Group 1 Blocks 237, 239, 240, and 242 through 247 Tract 203 Blocks 101 through 118 That part of Block 449 outside the City of Leesburg, Blocks 450, 501, and 502 That part of Block 503 outside the City of Leesburg Turner Tract 9901 Blocks 201 through 274 and 276 through 298 Blocks 322 through 325, 345, 356, and 357 Tract 9902 Worth District No. 151 - 1 Representative Camden That part of Tract 9901 within the City of St. Marys Tract 9902 Blocks 103 through 118 That part of Block 125 within the City of Kingsland Blocks 126 and 127 Those parts of Blocks 128 and 129 within the City of Kingsland Blocks 130 through 143 and 145 That part of Block 146 within the City of Kingsland Blocks 147 through 199, 201, 202, 204 through 210, and 214 through 288

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Charlton Tract 9901 Blocks 101 through 114, 116 through 122, 146, 201, 202, and 204 Ware Those parts of Tracts 9901 through 9903 within the City of Waycross Tracts 9904 and 9905 District No. 152 - 1 Representative Bacon Brantley Tract 9901 Blocks 143 through 145, 151, 153 through 156, and 219 through 223 Those parts of Blocks 225 through 227 outside the City of Nahunta Blocks 228 through 251 Tract 9902 Blocks 149 and 150 That part of Block 151 outside the City of Nahunta Blocks 152 through 165 Block Groups 2 and 3 Camden That part of Tract 9901 outside the City of St. Marys Tract 9902 Blocks 101, 102, and 119 through 124 Those parts of Blocks 125, 128, and 129 outside the City of Kingsland Block 144 That part of Block 146 outside the City of Kingsland Blocks 211 through 213 Tract 9902.99 Pierce Section 2 . Said Code section is further amended by striking paragraph (2) of subsection (e) which reads 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., and inserting in its place a new paragraph to read as follows: (2) (A) Except as provided in subparagraphs (B) and (C) 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. 126 or District No. 129 to the City of Richmond Hill; (ii) Any reference in the description of District No. 132 or District No. 134 to the City of Albany. (C) Any reference in the description of District No. 15 or District No. 16 to the City of Rome shall mean the actual geographical boundaries of the City of Rome as they existed on February 11, 1983.

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Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply to all elections for members of the House of Representatives held on or after its effective date. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. INTEREST AND USURYPERMISSIBLE RATES, ETC. Code Title 7, Chapter 4 Amended. No. 489 (House Bill No. 128). AN ACT To amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to provide for higher rates of interest under certain conditions; to provide the method of expressing interest; to provide for exceptions; to provide for a maximum rate of interest on certain loans; to provide that certain items shall not be considered interest or taken into consideration in the calculation of interest or subject to rebate; to specify the method of rebating unearned interest; to define interest; to provide for exceptions; to provide that any retail installment contract pertaining to a manufactured home or any consumer loan secured by such a home shall contain certain consumer credit contract provisions; to provide for a penalty for violations; to preserve certain benefits; to define certain terms; to prohibit certain advertising; to provide that there shall be no liability for advertising violations under certain conditions; to provide for an exception; to provide for penalties; to prohibit class actions; to authorize the Department of Banking and Finance to bring civil actions; to authorize the industrial loan commissioner to

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bring civil actions under certain conditions; to override the federal preemptions pertaining to loans, mortgages, credit sales, advances, and certain business and agricultural loans; to repeal specific laws relating to interest rates on certain types of loans; to repeal a Code section relating to refunds on loans on which the interest is calculated under the add-on interest method and paid off prior to maturity; to repeal a comprehensive law relating to the interest rate and finance charges which may be imposed and collected on loans secured by secondary security deeds on residential real property; 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 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, is amended by striking Code Section 7-4-2, relating to the legal rate of interest and the maximum rate of interest generally, in its entirety and substituting in lieu thereof a new Code Section 7-4-2 to read as follows: 7-4-2. (a) (1) The legal rate of interest shall be 7 percent per annum simple interest where the rate percent is not established by a written contract. Notwithstanding the provisions of other laws to the contrary, except Code Section 7-4-18, the parties may establish any rate of interest, expressed in simple interest terms as of the date of the evidence of the indebtedness, and charges and any manner of repayment, prepayment, or, subject to the provisions of paragraph (1) of subsection (b) of this Code section, acceleration, agreed upon in writing by the parties where the principal amount involved is more than $3,000.00 or where the lender or creditor has committed to lend, advance, or forbear with respect to any loan, advance, or forbearance to enforce the collection of more than $3,000.00. Nothing contained in this subsection shall be construed to prohibit the computation and collection of interest at a variable rate or on a negative amortization basis or on an equity participation basis or on an appreciation basis. (2) Where the principal amount involved is $3,000.00 or less, such rate shall not exceed 16 percent per annum simple interest on any loan, advance, or forbearance to enforce the collection of any sum of money unless the loan, advance, or forbearance to enforce the collection of any sum of money is made pursuant to another law.

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(3) As used in this Code section, the term `interest' means a charge for the use of money computed over the term of the contract at the rate stated in the contract or precomputed at a stated rate on the scheduled principal balance or computed in any other way or any other form. Principal includes such charges to which the parties may agree under paragraph (1) of subsection (a) of this Code section. Amounts paid or contracted to be paid as either an origination fee or discount points, or both, on any loan secured by an interest in real estate shall not be considered interest and shall not be taken into consideration in the calculation of interest and shall not be subject to rebate as provided in paragraph (1) of subsection (b) of this Code section. (b) (1) Upon acceleration of the maturity of any loan, advance of money, or forbearance to enforce the collection of any sum of money upon which interest has been precomputed, unearned interest shall be rebated to the debtor in such amount as would result in the rate of interest earned being no greater than the rate of interest established by the original contract. In the case of a loan in which the principal and the interest for the entire term of the loan are included in the face amount of the loan and the loan is to be paid back in weekly, monthly, quarterly, semiannual or yearly installments, with the interest and principal portions of each installment determined under the pro rata method, any such rebate shall be determined on the pro rata method. (2) Unless stipulated in the contract, there shall be no prepayment penalty. (c) Nothing contained in this Code section shall be construed to amend or modify the provisions of the `Georgia Industrial Loan Act,' the `Retail Installment and Home Solicitation Sales Act,' `The Lender Credit Card Act,' the `Insurance Premium Finance Company Act,' Part 5 of Article 3 of Chapter 12 of Title 44, relating to pawnbrokers, and, except as provided in Code Section 7-4-3, the `Motor Vehicle Sales Finance Act.' Section 2 . Said chapter is further amended by striking Code Section 7-4-3, relating to the flexible maximum rate of interest on real estate loans, in its entirety and substituting in lieu thereof a new Code Section 7-4-3 to read as follows:

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7-4-3. (a) Notwithstanding the provisions of subsections (a) through (c) of Code Section 10-1-33, any retail installment contract pertaining to: (1) Any manufactured home with a cash sale price of more than $3,000.00; or (2) Any motor vehicle with a cash sale price of $25,000.00 or more may provide for such finance charge as the parties may agree in writing. (b) (1) Any retail installment contract pertaining to a manufactured home or any consumer loan secured by such a home shall contain the contract provisions required by subsection (c) of Section 501 of the Depository Institutions Deregulation and Monetary Control Act of 1980, Public Law 96-221 (12 U.S.C. 1735f-7, notes). (2) Any person violating this subsection shall be subject to the liability specified in Code Section 7-4-5; but the contract or loan shall still be entitled to the benefits of the other provisions of Code Section 7-4-2. (c) As used in this Code section, the term: (1) `Finance charge' means the amount agreed upon between the buyer and the seller to be added to the cash sale price and, if a separate charge is made therefor, the amount, if any, included for insurance and other benefits and official fees, in determining the time sale price. (2) `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 paragraph except the size requirements and with respect to which

Page 1150

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. (3) `Retail installment contract' or `contract' means an instrument or instruments creating a purchase money security interest or any instrument evidencing an obligation secured by a purchase money security interest. Section 3 . Said chapter is further amended by striking Code Section 7-4-4, relating to the maximum rate of interest on installment loans and security for principal and interest, in its entirety and substituting in lieu thereof a new Code Section 7-4-4 to read as follows: 7-4-4. (a) No person shall advertise in or through any newspaper, radio, television, letter, circular, billhead or in any way or through any medium any rate of interest or finance charge pertaining to any consumer credit transcations other than a rate stated in simple interest terms or a rate stated in terms which would comply with the federal Truth in Lending Simplification and Reform Act, Public Law 96-221 (15 U.S.C. 57(a) and 1602 et seq.). (b) There is no liability under this Code section on the part of any owner or personnel of any medium in which an advertisement appears or through which it is disseminated when the publisher, owner, agent, or employee did not have knowledge of the false, misleading, or deceptive character of the advertisement, did not prepare the advertisement, or did not have a direct financial interest in the sale or distribution of the advertised product or service. (c) Nothing contained in this Code section shall be construed to amend, modify, or repeal any of the provisions of Part 2 of Article 15 of Chapter 1 of Title 10, known as the `Fair Business Practices Act of 1975.' Section 4 . Said chapter is further amended by striking Code Section 7-4-5, relating to the maximum interest rate on loans secured by deposits or savings accounts and higher rates if federal requirements apply, in its entirety and substituting in lieu thereof a new Code Section 7-4-5 to read as follows:

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7-4-5. (a) Any person who fails to comply with subsection (b) of Code Section 7-4-3 or Code Section 7-4-4 with respect to any person is liable to such person in an amount equal to the sum of: (1) Any actual damage sustained by such person as a result of the failure; and (2) Twice the amount of any interest or finance charge contracted for in connection with the transaction, except that the liability under this paragraph shall not be less than $100.00 nor greater than $1,000.00. (b) Such liability may be asserted in an individual action only and may not be the subject of a class action; provided, however, this provision shall not apply to any class action pending prior to March 31, 1983. Section 5 . Said chapter is further amended by adding a new subsection (c) at the end of Code Section 7-4-18, relating to criminal penalty for excessive interest, to read as follows: (c) Nothing contained in Code Section 7-4-2 or 7-4-3 shall be construed to amend or modify the provisions of this Code section. Section 6 . Said chapter is further amended by adding a new Code Section 7-4-19 at the end of Article 1 to read as follows: 7-4-19. The Department of Banking and Finance or the industrial loan commissioner may bring an appropriate civil action to enforce any provision of this chapter whether by injunction or otherwise in any superior court of this state having jurisdiction over one or more defendants. In the case of a loan made pursuant to this chapter by a licensee under Chapter 3 of Title 7, relating to industrial loans, such action shall be brought by the industrial loan commissioner. In the case of any other loan, the action shall be brought by the Department of Banking and Finance. Section 7 . Said chapter is further amended by adding a new Code Section 7-4-20 at the end of Article 1 to read as follows: 7-4-20. In enacting Code Sections 7-4-2 through 7-4-5, the General Assembly exercises its prerogative:

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(1) Under subsection (b)(2) of Section 501 of the Depository Institutions Deregulation and Monetary Control Act of 1980, Public Law 96-221 (12 U.S.C. 1735f-7, notes), and declares that the provisions of subsection (a)(1) of Section 501 do not apply to loans, mortgages, credit sales, and advances made in the State of Georgia on and after March 31, 1983; and (2) Under Section 512 of that act, Public Law 96-221 (12 U.S.C. 86a, notes), and declares that the provisions which preempt the law of this state in Section 511 of that act do not apply to business and agricultural loans in amounts of $1,000.00 or more made in the State of Georgia on and after March 31, 1983. Section 8 . (a) Said chapter is further amended by repealing the following Code sections: (1) Code Section 7-4-3.1, relating to the maximum interest rate on loans by insured financial corporations. (2) Code Section 7-4-6, relating to the removal of the interest rate payable by profit corporations or persons on nonconsumer loans in excess of $3,000.00. (3) Code Section 7-4-7, relating to the removal of the interest rate on loans of $100,000.00 or more. (4) Code Section 7-4-17.1, relating to refunds of interest on loans on which interest is calculated under the add-on method if the loan is paid off prior to maturity. in their entirety and substituting in lieu thereof the following: 7-4-6. Reserved. 7-4-7. Reserved. (b) Said chapter is further amended by repealing Article 2 of Chapter 4 of Title 7, relating to the rate of interest and finance charges which may be imposed on loans secured by secondary security deeds on residential real property, in its entirety and substituting in lieu thereof a new Article 2 to read as follows: ARTICLE 2 Reserved.

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Section 9 . This Act shall become effective on March 31, 1983. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. EMPLOYMENT SECURITY LAW AMENDED. Code Title 34, Chapter 8 Amended. No. 490 (House Bill No. 170). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, so as to change the date on which alien laborers will be excluded in determining agricultural employer liability; to provide for the exclusion from coverage of students in a work-study program, regardless of age; to increase the taxable wage base; to delete the reference to a bank account which is no longer used; to add ten years to the availability of federal funds pursuant to Section 903 of the Social Security Act; to provide for denial of benefits between terms for nonprofessional employees in institutions of higher education and to provide for retroactive unemployment benefit payments under certain circumstances; to disregard any fraction of a dollar in computing weekly unemployment 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 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, is amended by striking in its entirety paragraph (1) of subsection (n) of Code Section 34-8-40, relating to the definition of the term employment, and inserting in lieu thereof a new paragraph (1) to read as follows:

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(1) The term `employment' shall include service performed after December 31, 1977, by an individual in agricultural labor, as defined in paragraph (2) of this subsection, when such service is performed for a person who: (A) During any calendar quarter in either the current or the preceding calendar year paid remuneration in cash of $20,000.00 or more to individuals employed in agricultural labor (not taking into account service in agricultural labor performed before January 1, 1984, by an alien admitted to the United States to perform service in agricultural labor pursuant to Sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act); or (B) For some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or preceding calendar year, had in employment ten or more individuals, regardless of whether they were employed at the same moment of time (not taking into account service in agricultural labor performed before January 1, 1984, by an alien admitted to the United States to perform service in agricultural labor pursuant to Sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act). Section 2 . Said chapter is further amended by striking in its entirety paragraph (13) of subsection (o) of Code Section 34-8-40, relating to the definition of the term employment, and inserting in lieu thereof a new paragraph (13) to read as follows: (13) Effective January 1, 1971, service performed by an individual who is enrolled as a student at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on, in a full-time program taken for credit at such institution, which program combines academic instruction with work experience, if such service is an integral part of such program and such institution has so certified to the employer, except that this paragraph shall not apply to service performed in a program established for or on behalf of an employer or group of employers; or.

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Section 3 . Said chapter is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 34-8-51, relating to the definition of the term wages, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) For the purposes of Code Sections 34-8-120 through 34-8-122, except subsections (d) and (i) of Code Section 34-8-122, and of Code Section 34-8-30, that part of the remuneration which, after remuneration equal to $3,000.00 through December 31, 1971, and $4,200.00 beginning January 1, 1972, through December 31, 1975, and $6,000.00 beginning January 1, 1976, and $7,000.00 beginning January 1, 1983, have been paid to an individual by an employer during any calendar year with respect to employment within this or any other state, is paid to such individual by such employer during such calendar year; provided, however, that in cases of successorship of an employer, the amount of wages paid by the predecessor shall be considered, for purposes of this provision, as having been paid by the successor employer; and. Section 3A . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-8-76, relating to a special bank account, and inserting in lieu thereof a new subsection (b) to read as follows: (b) For the purpose of establishing and maintaining free public employment offices, the Commissioner is authorized to enter into agreements with the Railroad Retirement Board or any other agency of the United States charged with the administration of any unemployment compensation law, with any political subdivision of this state, or with any private, nonprofit organization; and, as a part of any such agreement, the Commissioner may accept moneys, services, or quarters as a contribution. Section 4 . Said chapter is further amended by striking in its entirety subparagraph (C) of paragraph (2) of Code Section 34-8-102, relating to withdrawals from the Unemployment Trust Fund for expenditures, and inserting in lieu thereof a new subparagraph (C) to read as follows: (C) Limits the amount which may be obligated during any 12 month period beginning on July 1 and ending on the next June 30 to an amount which does not exceed the amount by which (i) the aggregate of the amounts credited to the account of this state pursuant

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to Section 903 of the Social Security Act, as amended, during the same 12 month period and the 34 preceding 12 month periods exceeds (ii) the aggregate of the amounts obligated pursuant to this Code section and charged against the amounts credited to the account of this state during 35 such 12 month periods. For the purposes of this Code section, amounts obligated during any such 12 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 12 month period specified herein may be charged against any amount credited during such a 12 month period earlier than the thirty-fourth preceding such period. Section 5 . Said chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 34-8-152, relating to determination of eligibility for benefits of persons performing certain services, which paragraph reads as follows: (3) Except as otherwise provided in this Code section, benefits based on service in employment as defined in subsections (i) and (j) of Code Section 34-8-40 shall be payable in the same amount, on the same terms, and subject to the same conditions as compensation payable on the basis of other services subject to this chapter, provided that for weeks of unemployment beginning after December 31, 1977, with respect to services performed in any other capacity for a public or nonprofit educational institution (other than an institution of higher education as defined in Code Section 34-8-44) benefits shall not be paid on the basis of such services to any individual for any week which commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms., and inserting in lieu thereof a new paragraph (3) to read as follows: (3) (A) Except as otherwise provided in this Code section, benefits based on service in employment as defined in subsections (i) and (j) of Code Section 34-8-40 shall be payable in the same amount, on the same terms, and subject to the same conditions as compensation payable on the basis of other services subject to this chapter.

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(B) Except as otherwise provided in subparagraph (C), for weeks of unemployment beginning after December 31, 1982, with respect to services in any other capacity for a public or nonprofit educational institution, benefits shall not be paid on the basis of such services to any individual for any week which commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms. (C) If compensation is denied to any individual for any week under subparagraph (B) of this paragraph and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of subparagraph (B) of this paragraph. Section 6 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-8-153, relating to determination of weekly benefit amount, and inserting in lieu thereof a new subsection (b) to read as follows: (b) An individual's weekly benefit amount shall be that whole dollar amount, disregarding any fraction of a dollar, computed by dividing the total insured wages paid such individual in that quarter of his base period in which such total wages were highest by 25, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds 1.5 times the total insured wages paid such individual in that quarter of his base period in which such total wages were highest; provided, however, that (1) when the weekly benefit amount, as computed, would be more than $11.00 and less than $27.00, the individual's weekly benefit amount will be $27.00, and (2) no weekly benefit amount shall be established for less than $27.00 nor more than $90.00; provided, further, that for benefit years beginning on and after July 1, 1981, no weekly benefit amount shall be established for less than $27.00 nor more than $115.00. Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. COUNTY BOARDS OF EQUALIZATIONALTERNATE METHOD OF SELECTING MEMBERS. Code Section 48-5-311 Amended. No. 491 (House Bill No. 368). AN ACT To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation, appointment, and duties of county boards of equalization, so as to provide an alternate method of selecting members and alternate members of county boards of equalization; to provide procedures relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation, appointment, and duties of county boards of equalization, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) Each member and alternate member of the county board of equalization shall be appointed for a term of two calendar years next succeeding the date of his selection. Each term shall begin on January 1. (2) (A) The grand jury in each county at any term of court preceding November 1 of each odd-numbered year shall

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select three persons from the current grand jury list who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons from the current grand jury list who are otherwise qualified to serve as alternate members of the county board of equalization. If a vacancy occurs on the county board of equalization, the grand jury then in session shall select one of the alternate members of the county board of equalization to serve as a member of the county board of equalization for the unexpired term and shall select a person who is otherwise qualified to serve as an alternate member for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session shall select a person who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. (B) Any county which utilizes electronic or mechanical selection procedures for the selection of grand jurors may utilize similar procedures for the selection of members of the county board of equalization as provided in this subparagraph. The grand jury in each such county at any term of court preceding November 1 of each odd-numbered year shall select three persons from the current `electronic grand jury list' who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons from the current `electronic grand jury list' who are otherwise qualified to serve as alternate members of the county board of equalization. If a vacancy occurs on the county board of equalization, the grand jury then in session shall select one of the alternate members of the county board of equalization to serve as a member of the county board of equalization for the unexpired term and shall select from the current `electronic grand jury list' a person who is otherwise qualified to serve as an alternate member for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session shall select from the current `electronic grand jury list' a person who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. (3) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and

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deliver to the sheriff or his deputy a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or his deputy shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (4) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of his duties, shall take and subscribe before the clerk of the superior court the following oath: `You shall faithfully and impartially discharge the duty of members and alternate members of the board of equalization for the County of, in accordance with the Constitution and laws of this state, to the best of your skill and knowledge. So help you God.' In addition to the oath of office prescribed in this paragraph, the judge of the superior court shall charge each member and alternate member of the county board of equalization with the law and duties relating to his office. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983.

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BONDING OF LIVESTOCK DEALERS, BROKERS, PACKERS, MARKET OPERATORS, ETC. Code Title 4, Chapter 6 Amended. No. 492 (House Bill No. 401). AN ACT To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the bonding and regulation of livestock dealers, brokers, packers, and market operators; to require operators of sales establishments to maintain their custodial accounts with banks located in this state; to prohibit livestock market operators from allowing unlicensed brokers or dealers from buying other than for cash; to reqire brokers, dealers, packers, and market operators to submit financial statements; to provide for all related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by replacing Chapter 6 with a new chapter to read as follows: CHAPTER 6 ARTICLE 1 4-6-1. As used in this chapter, the term: (1) `Bond' means a written instrument issued or executed by a bonding, surety, or insurance company licensed to do business in this state, guaranteeing that the person bonded shall faithfully fulfill the terms of the contract of purchases and guarantee the payment of the purchase price of all livestock purchased by him, made payable to the Commissioner for the benefit of persons sustaining loss resulting from the nonpayment of the purchase price or the failure to fulfill the terms of the contract of purchase. (2) `Cash' includes only currency, cashier's checks, and money orders.

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(3) `Dealer' is synonymous with the term `broker' and means any person, firm, or corporation, including a packer, engaged in the business of buying livestock of any kind for resale or in selling livestock of any kind bought for the purpose of resale or in buying livestock of any kind for slaughter. Every agent acting for or on behalf of any dealer, broker, or livestock market operator is a dealer or broker. (A) Farmers acquiring livestock solely for the purpose of grazing and feeding as a part of their farm operations are not encompassed by the definition of `dealer' or `broker'; and (B) Packers whose total annual purchases of livestock are less than $50,000.00 who buy only from licensed dealers and licensed sales establishments are not included in the definition of `dealer' or `broker.' (4) `Livestock' means cattle, swine, sheep, and goats of all kinds and species. (5) `Livestock market operator' means any person, firm, or corporation engaged in the business of operating a sales establishment, public auctions or sales of livestock, or barns and yards for the containment of livestock held for the purpose of auction or sale. (6) `Person' means any person, firm, corporation, association, cooperative, or combination thereof. (7) `Sales establishment' means any yard, barn, or other premises where livestock is sold at auction. 4-6-2. No dealer, broker, or livestock market operator shall sell, auction, transfer, or move any livestock which are infected with any disease or which have been placed under quarantine by the authority of the Commissioner. Until all such livestock have been inspected by a veterinarian approved by the Commissioner, no dealer, broker, or livestock market operator shall sell, auction, transfer, or move any livestock which have been infected, which are suspected of being infected, or which are likely to have been exposed to infection. No dealer, broker, or livestock market operator shall sell, auction, transfer, or move any livestock from any barn, yard, or premises unless all sanitary practices and precautions prescribed by the rules and regulations

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of the Commissioner have been observed in the premises, barn, or yard. 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 or directly from producers 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. No such license shall be issued to any person unless the applicant therefor furnishes to the Commissioner the required bond. If the bond of a dealer, broker, or livestock market operator is canceled, then the license of such person shall immediately be revoked by operation of law without notice or hearing. 4-6-4. Every licensed dealer, broker, and livestock market operator who shall violate this chapter or rules and regulations established by the Commissioner pursuant to this chapter shall have his license revoked, canceled, or suspended, upon a notice and hearing. 4-6-5. No dealer, broker, or livestock market operator shall buy, store, or otherwise receive any livestock without first recording the name and address of the person or persons bringing in the livestock and recording the license tag number of the vehicle used by the person or persons to transport the livestock. 4-6-6. (a) In the control, suppression, prevention, and eradication of livestock diseases, the Commissioner or any duly authorized livestock inspector acting under the authority of this or any other livestock law of this state is authorized and required to quarantine any premises or any area when he shall determine that livestock in such place or places are infected with a contagious or infectious disease, that the unsanitary condition of such place or places might cause the spread of such disease, or that the owner or occupant of such place or places is not observing sanitary practices. (b) The Commissioner is authorized and empowered to adopt and promulgate rules and regulations prescribing the sanitary standards and requirements for the prevention, control, suppression, and eradication of livestock diseases in this state, such regulations to be no less adequate for the protection of the livestock industry and public health than those of the secretary of agriculture of the United States Department of Agriculture.

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4-6-7. The Commissioner is authorized to formulate, adopt, promulgate, and enforce rules and regulations for the purpose of carrying this chapter into effect. 4-6-8. Any person affected by any rule or regulation adopted and promulgated by the Commissioner pursuant to any statute conferring such authority upon him, who believes that the Commissioner, in the promulgation of such rules and regulations or in the enforcement thereof, has gone beyond the authority vested in him by law or who believes that the Commissioner has exceeded any power which the legislature of this state under the Constitution of the United States or the Constitution of Georgia conferred upon him, is given the right to protest or object in writing to such rule or regulation or any act done by the Commissioner pursuant to such rule or regulation, as he may believe violates the legal and constitutional authority of the Commissioner, by pointing out in what respect and for what reasons he contends the act, rules, or regulations to be improper or illegal. The Commissioner is required to consider every such objection and afford the aggrieved party opportunity to submit evidence and argument in support of his protest; and if, in his judgment, the protest is in whole or in part well founded, the Commissioner shall take such corrective measures as are necessary to give the aggrieved party relief in every respect from any illegal or unconstitutional requirement. This Code section is expressly made an administrative remedy and every person affected by any rule, regulation, or act of the Commissioner is required to exhaust this remedy before pursuing any other remedy, provided that nothing contained in this chapter shall be construed to deny any applicant for a license any existing right to a review by the court of the Commissioner's action as now provided by law. 4-6-9. In addition to the remedies provided in this chapter and notwithstanding the existence of an adequate remedy at law, the Commissioner is authorized to apply to the superior courts of this state for injunctions. Such courts shall have the jurisdiction, for good cause shown, to grant temporary or permanent injunctions or temporary restraining orders restraining or enjoining any person, firm, corporation, or association from violating or continuing to violate this chapter or any rule or regulation promulgated pursuant to this chapter. Such injunction or order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation.

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4-6-10. Any dealer, broker, or livestock market operator who violates any of the provisions of this chapter, any quarantine provision, or any rule or regulation established by the Commissioner under the authority of this or any other law for the protection of the general public in the prevention of livestock diseases shall be guilty of a misdemeanor. ARTICLE 2 4-6-20. This article may be cited as the `Custodial Account for Livestock Sellers Act.' 4-6-21. Every operator of a sales establishment for the sale of livestock at auction shall maintain a custodial account in a national-or state-chartered bank located in this state and within 100 miles of the sales establishment. Every such operator shall deposit in such account the gross proceeds received from the sale of livestock handled on a commissioned or agency basis, which account shall be designated `Custodial Account for Shippers' Proceeds.' Other funds of the depositor shall not be commingled in such account with funds required to be deposited in this account. 4-6-22. No check shall be drawn on the custodial account nor any funds withdrawn from the account, except for payment of proceeds due the livestock seller or for legally authorized fees or charges incurred by or owing to the sales establishment. No bank holding such an account shall pay a check on such account or honor a withdrawal from such account unless the sales establishment files a certificate that the check or withdrawal is for one of the purposes authorized in this Code section. The certificate may be printed on the face of the check above the signature. 4-6-23. Failure to deposit the proceeds received from the sale of livestock in a custodial account as required by Code Section 4-6-21, misuse of such funds, or payment by a bank of funds held in a custodial account without the certificate required by Code Section 4-6-22 shall constitute a misdemeanor. ARTICLE 3 4-6-40. Reserved.

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4-6-41. Reserved. 4-6-42. (a) 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 calculated as follows: (1) If the annual sales of the establishment are $2,600,000.00 or less, the amount of the bond shall be one fifty-second of the amount of annual sales but not less than $10,000.00; or (2) If the annual sales of the establishment are more than $2,600,000.00, the amount of the bond shall be $50,000.00 plus one fifty-second of the amount of annual sales in excess of $2,600,000.00 times a factor of 0.20. (b) An amount calculated under subsection (a) of this Code section, if not a multiple of $5,000.00, shall be rounded to nearest higher multiple of $5,000.00. 4-6-43. (a) No dealer or broker shall purchase livestock at any sales establishment or directly from producers unless he has then in force a bond in an amount calculated as follows: (1) Determine a number which is the number of days during the preceding year on which the dealer or broker did business; (2) Divide the total dollar value of livestock purchased by the dealer or broker during the preceding year by the lesser of: (A) One-half of the number determined under paragraph (1) of this subsection; or (B) 130; and (3) Adjust the amount obtained under paragraph (2) of this subsection as follows: (A) If the amount obtained under paragraph (2) of this subsection is $10,000.00 or less then the amount of the bond shall be $10,000.00;

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(B) If the amount obtained under paragraph (2) of this subsection is more than $10,000.00 but not more than $75,000.00 then that amount shall be the amount of the bond; or (C) If the amount obtained under paragraph (2) of this subsection is more than $75,000.00 then the amount of the bond shall be the sum of $75,000.00 plus 10 percent of the amount by which the amount obtained under paragraph (2) of this subsection exceeds $75,000.00. (b) An amount calculated under subsection (a) of this Code section, if not a multiple of $5,000.00, shall be rounded up to the nearest multiple of $5,000.00. (c) 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. No livestock market operator shall permit a dealer or broker who is not properly licensed and bonded to purchase livestock other than for cash. 4-6-44. In calculating amounts of bonds under Code Sections 4-6-42 and 4-6-43, the total amount of annual sales or annual purchases for the preceding calendar year shall be used; but, if an applicant for a license does not have an annual sales history, the Commissioner shall estimate the amount of annual sales or annual purchases which will occur. 4-6-45. Reserved. 4-6-46. Sales establishments for the sale of livestock at auction shall maintain such accounts and records as will at all times disclose the names of the sellers or consignors, the amount due and payable to each from the custodial account for shippers' proceeds, and the legally authorized fees and charges due the establishment. Sales establishments shall make such records available for inspection by the Commissioner or his agents during any business hours. 4-6-47. Payment for livestock purchased at auction shall be made on the same date of the purchase of the livestock, except that persons regulated by the provisions of the federal Packers and Stockyards Act may make payment by placing in the mail a check on the day following the date of purchase. The proceeds from the sale of

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livestock shall be deposited by the livestock sales establishment in the custodial account not later than the next banking day following the date of sale or receipt of payment by mail. Payment for livestock purchased at auction shall be made by cash, check, draft, or transfer of funds by wire. No loans shall be made from the custodial account of any livestock sales establishment to any purchaser of livestock at that sales establishment. 4-6-48. It shall be the duty and responsibility of each livestock sales establishment to report to the Commissioner within 24 hours after having knowledge that a check or draft issued in payment for livestock has been dishonored; and it shall be the duty and responsibility of the Commissioner to notify all licensed sales establishments of the fact of such dishonor of any such check or draft issued in payment for livestock. 4-6-49. It shall be the duty of each sales establishment to report to the Commissioner not later than March 31 of each year the total sales of such establishment for the preceding calendar year. It shall be the duty of each dealer to report to the Commissioner not later than March 31 of each year the total purchase of such dealer for the preceding calendar year. The Commissioner may prescribe the form of such reports. At the time the report is made, each sales establishment and dealer shall submit proof to the Commissioner of compliance with the bonding requirements of this chapter. The failure to submit the information required in this Code section shall be sufficient grounds to revoke the license of any such sales establishment or dealer. 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

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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. (e) All applicants for licensure shall submit to the Commissioner a current financial statement; and all licensees shall submit a current financial statement annually. 4-6-50. All livestock weighed at a sales establishment shall be weighed by a certified public weigher who has complied with Article 2 of Chapter 2 of Title 10. Each such weigher shall obtain a seal and upon request shall impress the seal upon the scale ticket of the livestock weighed. 4-6-51. Each sales establishment shall make adequate provision to isolate, insofar as practicable, the auctioneer, weigher, clerk, and any other employee who has any duty in regard to making any record of the sale. No person shall be permitted to converse with any such employee while the employee is performing any duty in connection with the sale. 4-6-52. (a) As used in this Code section, `special sale' means any livestock sale, except a regular sale at an establishment and any sale by a farmer of livestock owned by the farmer, with payment made directly to the farmer. (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

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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. (c) Associations holding sales of animals consigned by members of the association only shall not be required to procure a bond if the directors of the association accept full responsibility for financial obligations of sale and release the Commissioner, in writing, from any responsibility. (d) Any person who violates this Code section shall be guilty of a misdemeanor. 4-6-53. Reserved. 4-6-54. It shall be unlawful for any person to use any persuader other than an electric prod or canvas flap in the loading or handling of livestock in a public sales establishment. Section 2 . All laws and part of laws in conflict with this Act are repealed. Approved March 29, 1983. PROPERTY EXEMPT FROM LEVY AND SALEREQUIREMENTS FOR ELIGIBILITY, ETC. Code Title 44, Chapter 13 Amended. No. 493 (House Bill No. 324). AN ACT To amend Article 1 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to real or personal property which may be exempted from levy and sale, so as to provide for legislative intent;

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to change the requirements for eligibility to claim an exemption; to provide that a person who claims a debtor's exemption as a spouse or dependent of the debtor shall not be granted an exemption in that person's own right; to provide for editorial revision; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article I, Section I, Paragraph XXVI of the Constitution of the State of Georgia. Section 2 . Article 1 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to real or personal property which may be exempted from levy and sale, is amended by striking said Article 1 in its entirety and inserting in lieu thereof a new Article 1 to read as follows: ARTICLE 1 Part 1 44-13-1. Except as otherwise provided in this article, there shall be exempt from levy and sale by virtue of any process whatever under the laws of this state any real or personal property or both of a debtor in the amount of $5,000.00. No court or ministerial officer in this state shall ever have jurisdiction or authority to enforce any judgment, execution, or decree against property set apart under this Code section, including such improvements as may be made thereon from time to time, except for taxes, for the purchase money of the property, for labor done on the property, for material furnished for the property, or for the removal of encumbrances on the property. 44-13-2. Should a debtor refuse to apply for an exemption under this article, the debtor's spouse, any person acting on behalf of the minor children of the debtor, or any person acting on behalf of the dependents of the debtor may make such application; and it shall be as binding as if done by the debtor. As used in this article, `dependent' means a person whom the debtor may claim as a dependent for income tax purposes pursuant to Code Section 48-7-26. 44-13-3. It shall be the right of the applicant to supplement his exemption by adding to an amount already set apart, which amount is less than the whole amount of the exemption allowed by this article,

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enough to make his exemption equal to the whole amount allowed by resorting to the methods for setting apart and valuation of the exemptions provided in this chapter. The proceedings shall be in all respects the same. 44-13-4. (a) Each person seeking the benefit of the exemptions provided in this article shall apply by petition to the judge of the probate court of the county in which he resides or in which the debtor's minor children or dependents reside when the application is made for their benefit. The petition shall state: (1) The debtor for whom the exemption is claimed; (2) The names and ages of minor children and dependents of the debtor; and (3) Out of what and whose property exemptions are claimed. The petition shall comply with all the requirements of the laws for the setting apart and valuation of the exemption provided by this article. (b) The applicant shall accompany his petition with a schedule containing a minute and accurate description of all real and personal property belonging to the person from whose estate the exemption is to be made so that persons interested may know exactly what is exempted and what is not and also with a list of his creditors and their post office addresses, if known, which must be sworn to by the applicant or his agent. (c) For a failure to comply with this Code section either in the original petition which may be amended at any time prior to the final proceedings before the judge of the probate court or in the amended petition, the judge shall dismiss the petition. (d) The applicant shall apply to the judge of the probate court for an order to the county surveyor or, if there is none, to some other surveyor to lay off any real property of the applicant and to make a plat of the same, which order the judge shall issue at once and give to the applicant.

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44-13-5. Whenever the applicant does not possess a sufficient amount of realty located in the county of his residence, he may include in his application tracts of land located in counties other than that of his residence. In such case, the judge of the probate court before whom the application is made shall cause the survey, valuation, and plat of the lands lying in counties other than the residence of the applicant to be made by the county surveyor of the county where the lands are located. 44-13-6. It shall be the duty of any person who shall claim the benefit of the exemption allowed in this article to act in perfect good faith. As it is in the power of the debtor claiming an exemption of personal property to conceal part of his property or money and to claim the balance as exempt, it shall be the duty of the debtor, when he shall take steps in the probate court to have an exemption of personal property set off to him, to make a full and fair disclosure of all the personal property, including money, stocks, and bonds, which he may possess at the time. All such money or property which he may hold in excess of the exemption shall be subject to levy and sale for the payment of his just debts. If the money or other personal property which the debtor possesses at the time of his application or at the time he obtains the order of court setting off exempt property shall be fraudulently concealed or shall not be delivered up for the benefit of his creditors, no exemption shall be made in his favor until it shall be so delivered up. All orders of the court obtained by the fraudulent concealment of property or obtained while the debtor had personal property, money, stocks, or bonds which he kept out of the reach of the levying officer or did not in good faith deliver up for the benefit of his creditors shall be null and void and of no effect. In such event, the property set off to the debtor by such order or judgment shall be subject to levy and sale as if no such order or judgment had been rendered; and all property in which the debtor shall have invested the money, stocks, bonds, or personal property fraudulently concealed by him or kept out of the reach of his creditors shall be subject to levy and sale and liable to be sold for the payment of any debt then in existence. The debtor who is guilty of willful fraud in the concealment of part of his property which he possessed when he sought the benefit of the exemption shall on account of his fraud lose the benefit of the exemption, and his property shall be subject to the payment of all just debts which he owed at the time such fraud was committed; but the property, when once set off to him by order of the court, shall be exempt as against all debts contracted after that time.

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44-13-7. When the schedule has been filed and the application has been made, the judge of the probate court, in order that all persons may know when action will be taken on the petition, shall publish in the newspaper in which the legal advertisements of the county are published, not more than twice, a notice as follows: `A. B. has applied for exemption of personalty, and setting apart and valuation of realty exempt from levy and sale under Article 1 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, and I will pass upon the same atM., on the day of, 19, at my office. C. D., Judge of the Probate Court.' 44-13-8. In addition to the notice by publication required to be given by Code Section 44-13-7, the applicant or his agent shall give notice in writing of the filing of the application and of the day of hearing the same to each of his creditors residing in the county. Such notice shall be given at least five days before the hearing and shall be served personally or by leaving a copy at the residence or place of business of his creditor; and the fact that such notice has been given shall be verified by oath of the applicant or his agent. The applicant shall also notify creditors residing outside of the county of his application by preparing written notices of his application and the day of hearing, which notices shall be delivered by him to the judge of the probate court together with stamped envelopes and, if the residence of the creditors shall be known to the petitioner, shall be directed by the judge and mailed to the persons residing out of the county at least 15 days before the day of the hearing. 44-13-9. The time fixed by the notice given pursuant to Code Sections 44-13-7 and 44-13-8 shall not be less than 20 nor more than 30 days from the date of the filing of the application and schedule. 44-13-10. (a) The surveyor to whom the applicant delivers the order pursuant to subsection (d) of Code Section 44-13-4 shall lay off the exempted real property on or out of the land claimed by the applicant and make a plat of the same and shall make an affidavit that the exempted real property is correctly platted and laid off and setting out its value. He shall return the affidavit to the judge of the probate court at least five days before the day appointed in the order for passing upon the application. (b) It shall be a valid ground of objection to the property of any survey that it has been so made as to injure unjustly or needlessly the

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value of any land left unexempted by a disregard of the shape and location of the entire tract. (c) Should any county surveyor fail to comply with his duty as prescribed by this Code section, he shall be punished for a contempt of court by the judge of the probate court. 44-13-11. If, at the time and place appointed for passing upon the application, no objection is raised by any creditor of the applicant, the judge of the probate court shall endorse upon the schedule and upon the plat: `Approved this the day of, 19,' filling the blanks, and shall sign the schedule and plat officially and hand them to the clerk of the superior court of his county; and, when land out of his county is exempted, the judge shall transmit a certified copy of the exempted real property to the clerk of the superior court of each county in which exempted land is located. Each clerk of the superior court of a county in which exempted land is located shall record the exempted real property in a book to be kept for that purpose in his office, which record or a certified transcript thereof shall be competent evidence in all the courts of this state. 44-13-12. Should any creditor of the applicant desire to object to the schedule for want of sufficiency and fullness or for fraud of any kind or to dispute the valuation of the personalty, the propriety of the survey, or the value of the premises so platted as the exempted real property, he shall specify his objections in writing at the time and place appointed for the hearing. 44-13-13. Upon an objection being made as provided for in Code Section 44-13-12, unless the applicant shall so alter the schedule or plat or both as to remove the objections, the judge of the probate court shall appoint three disinterested appraisers to examine the property concerning which the objections are made and to value the same. On the appraisers' return under oath, if either the schedule or the plat shall be found to be too large, such alterations shall be made in the schedule and in the plat as the judge may deem proper to bring them within the limits of the value allowed by this article. Thereafter, the judge shall approve the schedule and the plat as required by Code Section 44-13-11 and shall hand the same to the clerk of the superior court of his county who shall record the schedule and plat as required by Code Section 44-13-11. Either party dissatisfied with the judgment shall have the right to appeal under the same rules, regulations, and restrictions as are provided by law in cases of appeals from the probate court.

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44-13-14. (a) If an applicant seeks to have an exemption set apart out of real property located in town which exceeds in value the amount of the exemption which he claims and to which he is entitled to complete his legal exemption and such realty cannot be so divided as to give an exemption of that value, the judge of the probate court may pass an order that, should such property be thereafter sold by virtue of any order, judgment, or decree of any court in this state, so much of the proceeds of the sale as may be necessary to make up, when added to the other exempted property of the applicant, if any, the full amount of the exemption allowed by law shall be paid over to the judge of the probate court by the officer making the sale to be invested in property selected by the applicant by some proper person appointed by such judge, which property shall constitute the exemption of the applicant or a part thereof, as the case may be, after the order of the probate court and the deed of reinvestment have been recorded by the clerk of the superior court. (b) Should any ministerial officer of this state, upon being shown a certified copy of the order of the judge of the probate court provided for in subsection (a) of this Code section, fail to retain and pay over to such judge the proceeds as required or should any such judge receiving the proceeds fail to appoint the person required to have the proceeds invested and fail to turn over the proceeds to the person so appointed, such officer or judge and his sureties shall be liable to the applicant for the full amount of the money and 20 percent interest thereon for the period of time he wrongfully withholds the money or any part thereof. 44-13-15. When any person applies for an exemption of personalty and the personalty sought to be exempted consists of cash in whole or in part, before the cash shall be allowed as an exemption, it shall, under the direction of the judge of the probate court, be invested in such articles of personal property as the applicant may desire; when so invested and returned by schedule with or without other property as required by this article, such property shall constitute the exemption of personalty. In no case shall the allowance of cash without such investment be a valid exemption. 44-13-16. (a) Whenever the debtor shall desire the exempted property, whether real or personal, to be sold for reinvestment, an application for the sale of the property must be made to the judge of the superior court of the county where the debtor resides or the property is situated unless the judge is disqualified, in which case

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application may be made to the judge of the superior court of an adjoining circuit. Upon proper showing, the judge may order a sale of the property; and the proceeds shall be reinvested upon the same uses. (b) A sale ordered pursuant to subsection (a) of this Code section shall operate to pass to the purchaser the entire interest and title of the beneficiaries in the exempted property and also the entire interest and title owned, before the exemption was made, by the party out of whose estate the property was so exempted. (c) The purchaser shall receive the property sold and shall hold the same, as to all liens thereon against the original debtor and with the same exemption therefrom, for the same length of time as was allowed to the original debtor before the sale; and, by consent of all lien creditors, the liens of such creditors may be divested and transferred to the newly acquired property by the order of the court pursuant to subsection (a) of this Code section. (d) An applicant who has obtained an exemption for the spouse, minor children, or dependents of the debtor may apply for an order of sale under subsections (a) through (c) of this Code section. All persons interested shall be parties to the proceeding. (e) The judge of the superior court shall order the entire proceedings recorded in the minutes by the clerk of the superior court of the county in which the parties applying for the order of sale reside and, when land is to be sold, in the county where the land is located; and the judge shall provide the means and mode of sale and reinvestment as provided in this Code section. (f) This Code section shall apply to the sale of any real or personal property set apart under this article. 44-13-17. Whenever any property has been set apart for the debtor's minor children or dependents and they desire the same to be sold for reinvestment but the debtor fails or refuses to join with them in the application to have such property sold for reinvestment or whenever a divorce has been granted to the spouse of the debtor and the property exempted by this article and sought to be sold for reinvestment has been awarded to that spouse, the proceedings for reinvestment shall be in all respects as binding upon all parties as if the debtor had joined with the minor children, dependents, or spouse, respectively, in the application.

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44-13-18. All produce, rents, or profits arising from property in this state which is exempted under this article shall be for the support of those persons allowed such exemption and shall be exempt from levy and sale except as otherwise provided in this article. 44-13-19. Before the approval of the judge of the probate court may be demanded as provided in this article, the applicant shall pay to such judge the cost of the proceedings, including the clerk's cost for recording the same. The applicant shall be bound for such costs if the judge approves the application. If any person filing objections to the schedule or plat fails to have the same sustained, he shall pay the cost of the proceedings. 44-13-20. Property set apart pursuant to Code Section 44-13-2 for a spouse, for a spouse and minor children, for minor children alone, or for dependents of a debtor (1) upon the death of the spouse or the spouse's remarriage, when set apart to the spouse alone, (2) upon the attaining of the age of majority by the minor children or their marriage during minority, when set apart for the minor children, (3) upon the death or remarriage of the spouse and the attaining of the age of majority by the minor children or the marriage of the minor children, when set apart to the spouse and minor children, and (4) upon a former dependent person's no longer being eligible to be claimed by the debtor as a dependent for income tax purposes pursuant to Code Section 48-7-26, shall revert to the estate from which it was set apart unless it was sold or reinvested pursuant to this article, in which case this Code section shall apply to and follow all the reinvestments unless the fee simple has been sold as provided in this article. 44-13-21. Nothing contained in this article shall be construed to prevent any debtor who does not wish to avail himself of the benefits of this article from claiming the exemptions allowed by Code Section 44-13-100. No person who is allowed the exemptions under Code Section 44-13-100 shall take any benefit under this article; nor shall any person who is allowed the exemptions under this article be allowed the exemptions under Code Section 44-13-100 unless the exempted property so elected is lost by virtue of a sale under an outstanding claim, in which event the election shall not bar an application for an exemption under this article not liable to the outstanding claim.

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Part 2 44-13-40. Any debtor may, except as to wearing apparel and $300.00 worth of household and kitchen furniture and provisions, waive or renounce his right to the benefit of the exemption provided for by this article by a waiver, either general or specific, in writing simply stating that he does so waive or renounce such right, which waiver may be stated in the contract of indebtedness or may be made contemporaneously therewith or may be made subsequent to the execution of the contract of indebtedness in a separate paper. 44-13-41. In case of a waiver and the levy of an execution, the debtor may select and set apart $300.00 worth of household and kitchen furniture and provisions as free from levy and sale. If, when such selection is made, the plaintiff in fi. fa. shall be of the opinion that said property is of greater value than $300.00, he may indemnify the levying officer and require him to proceed with the levy upon some part of the property or all if it be incapable of division. It shall then be the right of the debtor to make and deliver to the levying officer an affidavit stating substantially that the property selected is not of greater value than $300.00. The levy and affidavit shall be returned to the next term of the superior court of the county of the residence of the debtor and shall be tried as cases of illegality, the only issue being the value of the property selected. The jury may find generally for the defendant in fi. fa., in which case the levy shall be dismissed, or may find specifically what portion of the property is of the value of $300.00, which portion shall be exempted, and the balance shall be sold; provided, however, that the jury or other tribunal trying the issue made by the levy and affidavit may assess damages, not exceeding 25 percent of the value of the property levied upon, against the plaintiff in execution for any levy made not in good faith for the collection of the execution but for the purpose of harassing the debtor. 44-13-42. Every debtor seeking the benefit of Code Section 44-13-41 shall make out a schedule of the debtor's household and kitchen furniture and provisions which shall set out the items and value thereof claimed to be exempt and shall return the schedule to the judge of the probate court of the county in which the applicant resides. It shall not be necessary to make any application for such exemption or to publish the schedule in a newspaper. The judge shall record the schedule in a book to be kept by him for that purpose.

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44-13-43. A person eligible under Code Section 44-13-2 to claim a debtor's exemption as a spouse or dependent of the debtor may not, during the time the debtor's exemption is allowed that person as spouse or dependent, be granted an exemption in that person's own right under this article. Part 3 44-13-60. (a) When an exemption under this article of realty and personalty or either has been applied for and set apart out of the property of a defendant in execution and the defendant in execution has no property except the real property on which the defendant resides on which to levy, if the plaintiff in execution seeks to have that real property levied on upon the ground that his debt falls within some or one of the classes for which the real property is bound under this article, such plaintiff, his agent, or his attorney may make an affidavit before any officer authorized to administer oaths that to the best of his knowledge and belief the debt upon which the execution is founded is one from which that real property is not exempt. Thereafter, it shall be the duty of the officer into whose hands the execution and the affidavit are placed to proceed at once to levy and sell as though the property had never been set apart. (b) The defendant in execution may deny the truth of the plaintiff's affidavit by filing a counteraffidavit with the levying officer. If a counteraffidavit is filed, it shall be the duty of the levying officer to suspend further proceedings under the execution and to return the same together with the two affidavits to the court from which the execution issued. 44-13-61. At the first term of the court to which the execution and the affidavits have been returned, an issue shall be formed upon the same and tried as in cases of illegality. 44-13-62. When the finding upon the trial provided for in Code Section 44-13-61 is in favor of the plaintiff in execution, it shall be the duty of the levying officer to proceed immediately with the collection of the debt by the sale of the real property upon which the defendant in execution resides, if necessary. When the finding upon such issue is in favor of the defendant in execution, it shall operate to release that real property without prejudicing any other right of the plaintiff.

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44-13-63. Except as provided in Code Section 44-13-60, any officer knowingly levying on or selling property made exempt from sale shall be guilty of trespass; and any person allowed such exemption may recover for such trespass for their exclusive use. Part 4 44-13-80. Whenever any person makes an application for an exemption of realty under this article and it appears by the return of the surveyor that the applicant is the owner of more real estate than is allowed to be exempt under this article, it shall be the duty of the judge of the probate court to appoint a receiver to take charge of the excess and to sell the same for the benefit of the creditors of the applicant under regulations set forth in this part. 44-13-81. Whenever any person makes an application for an exemption of personalty as provided for by this article and the schedule filed by the person discloses that the person has and is the owner of personal property in excess of that to which he is entitled to have as exempt, the excess shall be delivered by the judge of the probate court to a receiver who shall dispose of the excess for the benefit of the creditors of the applicant. 44-13-82. When a receiver is appointed as provided in Code Section 44-13-80, he shall proceed to advertise the real estate once a week for four weeks in the public newspaper in which the sheriff's sales of the county are advertised. On the first Tuesday of the month immediately following the last advertisement, the receiver shall expose the same for sale at public auction and the money arising from the sale of the property shall be delivered to the judge of the probate court for distribution among the several creditors of the applicant, such distribution to be made according to the dignity of the claims of the several creditors. 44-13-83. Personal property shall be disposed of in the manner provided in Code Section 44-13-82, except that the receiver shall advertise the same in three of the most public places of the county for 30 days and shall not be required to advertise the same in a public newspaper. 44-13-84. Nothing in this part shall be construed to authorize the appointment of more than one receiver.

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44-13-85. If no creditors appear and file their claims before the day set apart for the sale of the property, the sale shall not take place; and the property in excess shall be turned over to the applicant. 44-13-86. When a receiver is appointed under Code Section 44-13-80, good bond and security shall be required of him by the judge of the probate court for the performance of his duty. The receiver shall be subject to rule in the superior court of the county where he was appointed, as sheriffs are, and shall, under rule of the superior court and not under the order of the judge of the probate court, pay out moneys received by him as sheriffs do when there are conflicting claims to moneys in his hands. When there are no conflicting claims, the receiver shall settle all the claims and turn over any excess to the party legally entitled to the same. 44-13-87. The applicant for exemption from levy and sale of property under this article shall be permitted to select the property to be exempted but not to exceed the amount allowed by law. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. TENANTS IN COMMONSALE OF INTERESTS OF PETITIONERS FOR PARTITION. Code Section 44-6-166.1 Enacted. Code Section 44-6-167 Amended. No. 494 (House Bill No. 209). AN ACT To amend Article 7 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to tenancy in common, so as to provide

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for the sale of the interests of petitioners for partition to other parties in interest in property sought to be partitioned; to provide for public sales; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 7 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to tenancy in common, is amended by adding after Code Section 44-6-166 a new Code section to read as follows: 44-6-166.1. (a) As used in this Code section, the term: (1) `Party in interest' means any person, other than a petitioner, having an interest in property. (2) `Petitioner' means any person petitioning for partition of property. (3) `Property' means lands and tenements sought to be partitioned pursuant to this Subpart 2, relating to statutory partition. (b) Whenever an application is made for the partition of property and any of the parties in interest convinces the court that a fair and equitable division of the property cannot be made by means of metes and bounds because of improvements made thereon, because the premises are valuable for mining purposes or for the erection of mills or other machinery, or because the value of the entire property will be depreciated by the partition applied for, the court shall proceed pursuant to this Code section. (c) The court shall appoint three qualified persons to make appraisals of the property. The average of the three appraisals shall constitute the appraised price of the property for purposes of this Code section. Notice of the amount of the appraised price shall be served on the petitioners and all parties in interest within five days after the appraised price is established. (d) Within 15 days after the appraised price is established, upon request to the court and grant thereof, any petitioner may withdraw as petitioner in the partition action and become a party in interest

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and any party in interest may become a petitioner in the action. Any petitioner remaining as such after the fifteenth day may be paid, pursuant to this Code section, his respective share of the appraised price corresponding to his respective share of the property. This payment shall constitute complete satisfaction of all of that petitioner's claims to and interest in that property. If no petitioner remains in the partition action after that fifteenth day, the proceeding shall be dismissed, and the petitioners who have withdrawn shall be liable for the costs of the action, including but not limited to the appraisal costs. (e) (1) No sooner than 16 days and no later than 90 days after the appraised price is established, the parties in interest shall tender to the court sufficient sums to pay to petitioners their shares of the appraised price, as determined by their respective shares in the property, or the property shall be subject to public sale pursuant to Code Section 44-6-167. If the property is subject to such public sale, the petitioner and the parties in interest shall be liable for appraisal costs under this Code section in proportion to their respective interests in the property. (2) Each party in interest may pay toward the amount required to purchase any petitioners' shares of the appraised price an amount in proportion to that party's share of the total shares of property of all parties in interest, unless one party in interest authorizes another party in interest to pay some or all of his proportionate share of the shares available for sale. The share of each party in interest in the property shall be increased by the share that party pays toward the purchase of petitioners' shares in the property. (f) Within 95 days after the appraised price is established, unless the property becomes subject to public sale pursuant to paragraph (1) of subsection (e) of this Code section, the petitioners shall execute title to the parties in interest for the property in return for payment to the petitioners, from sums tendered to court under subsection (e) of this Code section, of their respective shares of the appraised price. Petitioners and parties in interest shall be liable for costs of the sale and proceedings relating thereto under this Code section in proportion to their respective shares in the property prior to that sale. Section 2 . Said article is further amended by striking Code Section 44-6-167, relating to when land is subject to public sale, and inserting in its place a new Code section to read as follows:

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44-6-167. In the event lands and tenements sought to be partitioned are not sold pursuant to Code Section 44-6-166.1, the court shall order a public sale of such lands and tenements. The court shall appoint three discreet persons as commissioners to conduct such sale under such regulations and upon such just and equitable terms as it may prescribe. The sale shall take place on the first Tuesday in the month, shall be at the place of public sales in the county in which the land is located, and shall be advertised in some public newspaper once a week for four weeks. This Code section shall not be construed to change the place of sale in those counties where by law sheriffs' sales are required to take place at the courthouse. 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, 1983. SHERIFFS' RETIREMENT FUND OF GEORGIAADDITIONAL MEMBER OF BOARD OF COMMISSIONERS, ETC. Code Title 47, Chapter 16 Amended. No. 495 (House Bill No. 212). AN ACT To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to provide for an additional member of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia and his term of office; to change the provisions relating to dues; to change the provisions relating to benefits payable upon retirement; to change the provisions

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relating to death benefits; to provide that certain rights, the return of contributions, and pensions, annuities, allowances, and benefits shall be exempt from taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, is amended by striking subsections (a) and (b) of Code Section 47-16-21, relating to membership of the board of commissioners, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) The membership of the board shall consist of the president of the Georgia Sheriffs' Association, by virtue of his office as president, who shall be chairman of the board; the president of the Association County Commissioners of Georgia, by virtue of his office as president; three other sheriffs elected by the Georgia Sheriffs' Association, from its membership, at its annual convention; and one retired member of the fund who shall be appointed by the Governor. (b) The members of the board who are elected by the Georgia Sheriffs' Association shall each serve for a term of three years, and one of such members of the board shall be elected each year at the annual convention of the Georgia Sheriffs' Association. The term of office of each such member of the board shall begin immediately upon his election. The elected members who are serving on the board on November 1, 1982, shall continue to serve until the expiration of their respective terms and until a successor is elected and has qualified to serve. The members of the board who are elected by the Georgia Sheriffs' Association shall be members of that association and shall also be active members of this fund. The member of the board who is a retired member of the fund shall serve for a term of office of one year with the first such term beginning on April 1, 1983. Section 2 . Said chapter is further amended by striking paragraph (5) of Code Section 47-16-40, relating to applications for membership in the fund, contents of applications, and claims for credit for prior service, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:

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(5) He must tender with the application, within 12 months from the date of that application, or at such other time as the board may provide, a sum equal to the total of $25.00 per month for credit claimed by him under paragraph (4) of this Code section for past service from and including January 1, 1961, to the date of application; or if such amount is not paid by the due date, he shall be conclusively deemed to have waived his claim or right for credit for such period of time; or. Section 3 . Said chapter is further amended by striking Code Section 47-16-43, relating to requirements for continued active membership in the fund, in its entirety and inserting in lieu thereof a new Code Section 47-16-43 to read as follows: 47-16-43. In order to retain active membership in the fund, each member must: (1) Continue serving as a sheriff; (2) Pay to the secretary-treasurer membership dues of $25.00 per month for each month so served. Such payment shall be due on or before the tenth day of the following month until he has made such payments for a total of 25 years; and (3) Comply with all other mandatory provisions of this chapter and all rules and regulations promulgated by the board. Section 4 . Said chapter is further amended by striking paragraph (2) of Code Section 47-16-100, relating to eligibility for retirement benefits, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) He must have paid dues equal to the total of $25.00 per month during the entire four-year period;. Section 5 . Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 47-16-101, relating to retirement benefit options, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Option One shall be known as a `single life annuity' and shall provide retirement benefits for the life of the member only. If such member has no more than four years of service credited to him

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under this chapter, he shall be paid a benefit of $130.00 per month until his death. If such member has more than four years credited to him under the provisions of this chapter, he shall be paid a benefit of $130.00 per month, plus $32.50 per month for each additional year of service so credited to him; provided, that in no case shall such benefits exceed $812.50 per month;. Section 6 . Said chapter is further amended by striking paragraph (2) of Code Section 47-16-102, relating to death benefits, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) In addition to the death benefits provided in paragraph (1) of this Code section, any inactive member who would otherwise qualify to be carried upon the active membership rolls but for the fact that he no longer holds the office of sheriff, any member who is receiving retirement benefits, or any member who is otherwise qualified to receive retirement benefits from this fund except that he has not reached the age of 55 years or has not filed an application or has not been approved for retirement benefits, the sum of $3,000.00 shall be paid as additional death benefits to the surviving spouse of such member, if any, to his named beneficiary, if any, or to his estate, in that order. Upon the death of any active member, the sum of $5,000.00 shall be paid as additional death benefits to the surviving spouse of such member, if any, to his named beneficiary, if any, or to his estate, in that order;. Section 7 . Said chapter is further amended by adding at the end thereof a new Code Section 47-16-123 to read as follows: 47-16-123. The right to any pension, annuity, allowance, or benefit; the right to the return of contributions; a pension, annuity, allowance, or benefit itself; any optional benefit; any other right accrued or accruing to any person under this chapter; and any moneys under this chapter shall be exempt from any tax imposed by this state or any county, municipality, or other political subdivision. Section 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. BAD CHECKSRESTITUTION OF AMOUNT OF CHECK, COSTS OF BRINGING COMPLAINT, ETC. Code Section 16-9-20 Amended. No. 496 (House Bill No. 245). AN ACT To amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to provide that restitution may be made while an offender serves a probated or suspended sentence; to provide that the extender of credit is entitled to a bad check charge under certain circumstances; to provide for the amount of such bad check charge; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, is amended by striking paragraph (4) of subsection (b) of said Code section and inserting in its place a new paragraph (4) to read as follows: (4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the check, together with all costs of bringing a complaint under this Code section. Restitution may be made while the defendant is serving a probated or suspended sentence.

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Section 2 . Said Code section is further amended by adding at the end thereof a new subsection, to be designated subsection (i), to read as follows: (i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges, or fees on loans or credit extensions, any lender of money or extender of other credit who receives a check, draft, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, installment payment, or other extension of credit may, if such instrument is not paid or is dishonored by such institution, charge and collect from the borrower or person to whom the credit was extended a bad check charge of not more than the greater of either $10.00 or an amount equal to the actual charge made to the creditor by the depository institution for the return of the unpaid or dishonored instrument. This charge shall not be deemed interest or a finance or other charge made as an incident to or as a condition to the granting of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit or any other law of this state. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. ELECTION CODE AMENDEDNONPARTISAN ELECTION OF JUDGES, ETC. Code Title 21, Chapter 2 Amended. No. 497 (House Bill No. 314). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the nonpartisan election of

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candidates for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, and Justice of the Supreme Court; to provide for legislative intent; to provide for a method of qualifying as a candidate for such offices; to provide for qualifying fees; to change the provisions relating to filing a notice of candidacy; to change provisions relating to the designation of the specific office sought by a candidate; to provide for nonpartisan election procedures; to authorize the General Assembly to provide by local Act for nonpartisan elections to fill county offices and offices of local school boards and school superintendents; to provide for the date of a nonpartisan primary; to provide for the nomination of certain judicial offices in a nonpartisan primary; to provide that any nonpartisan primary shall be conducted jointly with the primary of political parties; to provide for the reopening of qualification for office in the event of the death of a candidate prior to the date of a nonpartisan primary and for filling a vacancy occurring after nomination but before the date of the nonpartisan election; to provide for the official nonpartisan primary ballot; to provide for the official nonpartisan election ballot; to provide for the form of ballot labels in nonpartisan primaries and nonpartisan elections; 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 . It is the intent of this Act to implement the provisions of Article VI, Section VII, Paragraph I of the Constitution of the State of Georgia which requires that all judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall be elected on a nonpartisan basis. In furtherance of this mandate, this Act establishes uniform and exclusive procedures for the nonpartisan selection of nominees for such offices in a nonpartisan primary to be held at the same time as the general political party primaries and for the election of the judges and Justices in a nonpartisan election to be held at the same time as the general election.

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Section 2 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-130, relating to qualification of candidates, in its entirety and substituting in lieu thereof a new Code Section 21-2-130 to read as follows: 21-2-130. Candidates may qualify for an election by virtue of: (1) Nomination in a primary conducted by a political party; (2) Filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172; (3) In the case of an election for presidential electors, nomination as prescribed by rules of a political party; (4) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively; (5) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2-132; (6) Incumbent qualifying as a candidate to succeed himself as prescribed in subsection (d) of Code Section 21-2-132; or (7) Nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court as prescribed in Code Section 21-2-138. Section 3 . Said title is further amended by striking subsection (a) of Code Section 21-2-131, relating to fixing and publishing of qualification fees, manner of payment, and distribution of fees paid, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Qualification fees for party and public offices shall be fixed and published as follows:

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(1) The governing authority of any county, not later than March 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special election, shall fix and publish a qualifying fee for each county 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; (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 for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his notice of candidacy for a 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 political 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. Section 4 . Said title is further amended by striking Code Section 21-2-132, relating to filing notice of candidacy and payment of qualifying fee, in its entirety and substituting in lieu thereof a new Code Section 21-2-132 to read as follows: 21-2-132. (a) The names of nominees of political parties nominated in a primary and the names of candidates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section.

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(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, and Justice of the Supreme Court shall comply with the requirements of subsections (c) and (e), as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots. (c) All other candidates shall file their notice of candidacy and pay the the prescribed qualifying fee by the date prescribed in this Code section in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Wednesday in June preceding the election in the case of a general election and at least 25 days prior to the election in the case of a special election. (2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Wednesday in June preceding the election in the case of a general election and at least 25 days prior to the election in the case of a special election. (d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Wednesday in July immediately prior to the election, file with the same official with whom he filed his notice of candidacy, a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is: (1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;

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(2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed himself if, prior to the election in which he was originally elected to the office for which he seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter; or (4) A candidate seeking election to the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary. (e) Each candidate required by this Code section to file a notice of candidacy shall accompany his notice of candidacy with an affidavit stating: (1) His residence, with street and number, if any, and his post office address; (2) His profession, business, or occupation, if any; (3) The name of his precinct; (4) That he is an elector of the county of his residence eligible to vote in the election in which he is a candidate; (5) The name of the office he is seeking; (6) That he is eligible to hold such office; (7) That he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored; and (8) That he will not knowingly violate this chapter or rules and regulations adopted thereunder. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy.

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(f) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay the qualifying fee otherwise required. To be acceptable under this Code section, a pauper's affidavit must show on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. Section 5 . Said title is further amended by striking Code Section 21-2-135, relating to designation by candidate of specific office sought, in its entirety and substituting in lieu thereof a new Code Section 21-2-135 to read as follows: 21-2-135. (a) In the case of a public office having multiple officeholders with the same title, each candidate shall, when qualifying with his party in the case of a primary and when filing his notice of candidacy in the case of an election and when filing his notice of candidacy in the case of a nonpartisan primary, designate the specific office he is seeking and name the person such candidate is seeking to succeed and give such other appropriate designation as may be required by the Secretary of State or election superintendent. The designation of the specific office and the name of the person whom a candidate is seeking to succeed in the case of a public office having multiple officeholders shall be entered on the ballot and ballot labels in such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, who designated the same specific office and the same name. (b) In the case of the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, and Justice of the Supreme Court, the name of the person such candidate is seeking to succeed and such other designation as may be required by the Secretary of State or election superintendent shall be included in the title of the office on the ballot in all nonpartisan primaries and elections. Section 6 . Said title is further amended by striking Code Section 21-2-138, relating to nonpartisan election procedures, in its entirety and substituting in lieu thereof a new Code Section 21-2-138 to read as follows:

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21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of judge of a superior court, Judge of the Court of Appeals, and Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court shall be placed on the ballot in a nonpartisan primary to be held and conducted jointly with the general primary in each even-numbered year. The names of candidates nominated in such nonpartisan primary shall be placed on the official ballot in the nonpartisan election which shall be held and conducted jointly with the regular general election in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. In a nonpartisan primary, candidates for any such office shall have their names placed on the nonpartisan portion of each political party ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. Candidates shall be listed on the official ballot in a nonpartisan primary and in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan primary and nonpartisan election of judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general primaries and general elections; and such general primary and general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan primaries and nonpartisan elections. Section 7 . Said title is further amended by adding at the end of Part 1 of Article 4 of Chapter 2, relating to nonpartisan elections to fill county offices and offices of local school boards and school superintendents, a new Code Section 21-2-139 to read as follows: 21-2-139. Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the nomination and election in nonpartisan primaries and elections of candidates to fill county offices and offices of local school boards and school superintendents which are filled by the vote of the electors of said county or political subdivision. The procedures to be employed in such nonpartisan primaries and elections shall conform as nearly as

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practicable to the procedures governing nonpartisan primaries and nonpartisan elections as provided in this chapter. The election procedures established by any existing local law which provides for the nonpartisan nomination and election of candidates to fill county offices shall conform to the general procedures governing nonpartisan primaries and nonpartisan elections as provided in this chapter, and such nonpartisan primaries and nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. Section 8 . Said title is further amended by striking Code Section 21-2-150, relating to the date of the general primary, in its entirety and substituting in lieu thereof a new Code Section 21-2-150 to read as follows: 21-2-150. (a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the second Tuesday in August in each even-numbered year, except as provided in subsection (c) of this Code section. (b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, and Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the second Tuesday in August in each even-numbered year, except as provided in subsection (c) of this Code section. (c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the first Tuesday in August of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to May 1 of the year in which the general primary is conducted. Section 9 . Said title is further amended by striking Code Section 21-2-151, relating to the authorization for a political party to nominate candidates for public office by primary, in its entirety and substituting in lieu thereof a new Code Section 21-2-151 to read as follows:

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21-2-151. (a) A political party may elect its officials and shall nominate its candidates for public office in a primary. Except for substitute nominations as provided in Code Section 21-2-134 and nomination of presidential electors, all nominees of a political party for public office shall be nominated in the primary preceding the general election in which the candidates' names will be listed on the ballot. (b) Candidates for the office of judge of the state courts, judge of the superior courts, Judge of the Court of Appeals, and Justice of the Supreme Court shall be nominated in a nonpartisan primary. Candidates seeking nomination to such judicial offices shall be nominated in the nonpartisan primary preceding the nonpartisan election in which the candidates' names will be listed on the ballot. (c) The primary held for such purposes shall be conducted by the superintendent in the same manner as prescribed by law and by rules and regulations of the State Election Board and the superintendent for general elections. Primaries of all political parties and all nonpartisan primaries shall be conducted jointly. Section 10 . Said title is further amended by striking Code Section 21-2-155, relating to reopening of qualification for office in event of death of candidate, in its entirety and substituting in lieu thereof a new Code Section 21-2-155 to read as follows: 21-2-155. (a) In the event of the death of a candidate prior to the date of a political party primary, the state executive committee or other committee of the party authorized by party rule may reopen qualification for the office sought by the deceased candidate for a period of not less than one nor more than three days. (b) In the event of the death of a candidate prior to the date of a nonpartisan primary, the Secretary of State shall reopen qualifications for the state office and the election superintendent shall reopen qualifications for the county office sought by the deceased candidate for a period of not less than one nor more than three days. Any vacancy occurring in any nomination filled by a nonpartisan primary by reason of the death, disqualification, or withdrawal of any candidate therefor, occurring after nomination but before the date of the nonpartisan election shall be filled by substitute nomination made by a special nonpartisan primary. The Secretary of State or election superintendent, as the case may be, shall, upon actual knowledge of the death or disqualification of a candidate or upon written notice of

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withdrawal by the candidate, issue the call for the special nonpartisan primary and nonpartisan election in accordance with the appropriate general procedures outlined in subsections (b) and (c) of Code Section 21-2-134 even though such office may be a state-wide office. Section 11 . Said title is further amended by adding a new Code Section 21-2-284.1 immediately following Code Section 21-2-284 to read as follows: 21-2-284.1. The names of all candidates seeking nomination in the nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, and Justice of the Supreme Court shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be separated from the names of political party candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary for judges to have printed in prominent type the words `OFFICIAL NONPARTISAN PRIMARY BALLOT.' Immediately under this caption the following directions shall be printed: `Place a cross (X) or check ([UNK]) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. The incumbency of a nonpartisan candidate seeking nomination for the public office he then holds shall be indicated on the ballots by printing the word `Incumbent' beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan primary. In the event that a candidate in such nonpartisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this Code section. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the

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Secretary of State or election superintendent in essentially the same format prescribed for nonpartisan primaries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office. Section 12 . Said title is further amended by adding a new Code Section 21-2-285.1 immediately following Code Section 21-2-285 to read as follows: 21-2-285.1. The names of all candidates nominated in the nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, and Justice of the Supreme Court shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election of judges to have printed in prominent type the words `OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: `Place a cross (X) or check ([UNK]) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates for judges are to be placed on a run-off ballot, the form of the ballot shall be as

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prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election of judges. The candidate having a majority of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office. Section 13 . Said title is further amended by striking subsections (g), (h), and (i) of Code Section 21-2-325, relating to the form of ballot labels, in their entirety and substituting in lieu thereof new subsections (g), (h), and (i) to read as follows: (g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for, with the exception of candidates for the offices of presidential electors. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, and Justice of the Supreme Court shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words `OFFICIAL NONPARTISAN ELECTION BALLOT.' (h) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285. In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking election in a nonpartisan primary for state and county judicial offices and the heading and

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arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words `OFFICIAL NONPARTISAN PRIMARY BALLOT.' (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 and the names of all candidates seeking nomination in a nonpartisan primary for state and county judicial offices, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination in a nonpartisan primary for state and county judicial offices shall appear on all machines. Section 14 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. CRIMINAL BONDS AND RECOGNIZANCESFORFEITURE PROCEEDINGS. Code Title 17, Chapter 6 Amended. No. 498 (House Bill No. 326). AN ACT To amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to forfeiture proceedings for bonds or recognizances, so as to repeal certain provisions relating to institution of forfeiture proceedings generally; to provide that notice of hearings on execution of a bond forfeiture shall be by first-class mail; to provide that, if a defendant has not been brought to trial within three years, no judgment of forfeiture may be enforced against the surety on

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the bond; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to forfeiture proceedings for bonds or recognizances, is amended by repealing Code Section 17-6-70, relating to institution of forfeiture proceedings generally, as enacted by an Act approved April 16, 1982 (Ga. L. 1982, p. 1658), and redesignated as Code Section 17-6-70.1 by HB 3 of the 1983 session of the General Assembly, which reads as follows: 17-6-70.1. 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., in its entirety. Section 2 . Said article is further amended by striking in its entirety subsection (a) of Code Section 17-6-71, relating to hearings on executions of bond forfeitures, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The judge shall upon the failure to appear set an execution 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 first-class mail by the clerk of court to the principal and to each surety at the addresses given on the bond. Section 3 . Said article is further amended by striking in its entirety subsection (d) of Code Section 17-6-72, relating to the time at which a judgment of forfeiture shall be entered, as enacted by an Act approved April 16, 1982 (Ga. L. 1982, p. 1658), and redesignated as subsection (c) by HB 3 of the 1983 session of the General Assembly, which reads as follows: (c) 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.,

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and inserting in lieu thereof a new subsection (c) to read as follows: (c) If the prosecution does not try the charges against a defendant within a period of three years after the date of posting bond, no judgment rendered after such period decreeing the forfeiture of the appearance bond may be enforced against the surety on the bond. This provision shall not apply where the prosecution's failure to try the charges is due to the fault of the defendant. 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 29, 1983. GENERAL ASSEMBLYLIMITATION ON PASSAGE OF POPULATION BILLS. Code Section 28-1-14 Enacted. No. 499 (House Bill No. 374). AN ACT To provide for legislative intent; to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to define population bill and to prohibit the General Assembly from passing any population bill, with certain exceptions; to provide for other requirements for Acts classifying on the basis of population; to provide a definition; to provide for authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article III, Section VI, Paragraph IV, subparagraph (b) of the Constitution of the State of Georgia. Section 2 . Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, is amended by adding at the end thereof a new Code Section 28-1-14 to read as follows: 28-1-14. (a) This Code section is passed pursuant to the authority of Article III, Section VI, Paragraph IV, subparagraph (b) of the Constitution, and no population bill shall be passed and no bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions may expressly or impliedly amend, modify, supersede, or repeal this Code section. (b) As used in subsection (c) of this Code section, `political subdivision' means any county, municipality, county school district, independent school district, judicial circuit, militia district, or any other geographical area of the state which does not include the entire area of the state. (c) Except as provided in this subsection, `population bill' means any bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions of the state. `Population bill' shall not include the following: (1) A bill applicable to one specified type of political subdivision and containing a combination of population classifications which includes the population of, without necessarily being applicable to, all political subdivisions of the type specified, including but not limited to state-wide minimum salary bills for county officers; (2) A bill classifying political subdivisions having less than a specified population; (3) A bill classifying political subdivisions having more than a specified population;

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(4) A bill classifying on the basis of the population of standard metropolitan statistical areas; (5) A bill amending a law which classifies political subdivisions on the basis of population if that amendment merely changes the population classification of such law so as to permit that law to remain applicable to those political subdivisions to which that law was applicable immediately prior to the time the most recent census figures became applicable to those political subdivisions; or (6) A bill repealing a law which classifies on the basis of population. (d) Nothing in this Code section shall be construed to invalidate any judicially imposed requirements for Acts classifying on the basis of population. Section 3 . This Act shall become effective July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. ELECTED CONSTITUTIONAL OFFICERSPROCEDURES WHEN TEMPORARILY DISABLED. Code Title 45, Chapter 5A Enacted. No. 500 (House Bill No. 424). AN ACT To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for the exercise of the powers of an elected constitutional executive office

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during the period of temporary disability of the person holding such office; to provide for intent; to provide for the appointment and confirmation of persons exercising the powers of certain elected constitutional executive officers during periods of temporary disability of such officers; to provide procedures for the determination of temporary disability of elected constitutional executive officers and when such disability has ended; to provide for the compensation of persons exercising the powers of an elected constitutional executive office during the period of temporary disability of the person holding such office; to prohibit an elected constitutional executive officer from receiving the compensation for such office during period of temporary disability under certain circumstances; to repeal Article 3 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to removal of the Attorney General for incapacity; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article V, Section IV, Paragraph III of the Constitution of the State of Georgia. Section 2 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding between Chapters 5 and 6 a new chapter, to be designated Chapter 5A, to read as follows: CHAPTER 5A 45-5A-1. If, after hearing the evidence on the disability of an elected constitutional executive officer pursuant to Article V, Section IV of the Constitution of Georgia, the Supreme Court determines that such officer has a temporary disability, such court shall certify to the elected constitutional executive officers filing the petition that such executive officer has a temporary disability which prevents such officer from performing the duties of office. 45-5A-2. In case of the temporary disability of the Governor, the Lieutenant Governor shall exercise the powers and duties of the Governor as provided in Article V, Section I, Paragraph V of the Constitution of Georgia until such time as the temporary disability of

Page 1209

the Governor ends. The Lieutenant Governor shall receive the same compensation as the Governor until such time as the temporary disability of the Governor ends. 45-5A-3. In case of the temporary disability of the Lieutenant Governor, the President Pro Tempore of the Senate shall exercise the powers and duties of the Lieutenant Governor and receive the same compensation as the Lieutenant Governor until such time as the temporary disability of the Lieutenant Governor ends. 45-5A-4. (a) In case of the temporary disability of the Secretary of State, the Attorney General, the State School Superintendent, the Insurance Commissioner, the Commissioner of Agriculture, or the Commissioner of Labor, the Governor shall appoint a person to perform the duties of such elected constitutional executive officer until such time as the temporary disability of such officer ends. (b) The person appointed to perform the duties of an elected constitutional executive officer as provided in subsection (a) of this Code section shall have the qualifications to hold such office, shall give bond with good security if required of a person elected to such office, and shall take the oath of office. The person appointed to serve in the office of an incapacitated elected constitutional executive officer named in subsection (a) of this Code section shall be subject to the confirmation of the Senate if the Senate is in session at the time of his appointment or convenes in session prior to the expiration of his appointment. Any such appointment made at times when the Senate is not in session shall be effective ad interim. The person appointed to perform the duties of an elected constitutional executive officer shall be authorized to perform every act and exercise every prerogative and discretion that a person holding such office is authorized to perform or exercise under existing law. Such person shall be entitled to receive the compensation as may be provided by law for such office during the period of incapacity of the elected constitutional executive officer. 45-5A-5. (a) The Supreme Court shall determine when the temporary disability of an elected constitutional executive officer has ended and when the officer shall resume the exercise of the powers of office. The Supreme Court may hold hearings for such purpose. (b) Upon the Supreme Court certifying that the disability of an elected constitutional executive officer has ended, the appointment of

Page 1210

the person performing the duties of such officer shall terminate. The elected constitutional executive officer shall thereafter assume and perform the duties of his office. 45-5A-6. Whenever an elected constitutional executive officer is unable to exercise the duties of office due to a temporary disability and another person exercises the duties of office as provided in this chapter, during the period of disability the elected constitutional executive officer shall be entitled to receive the compensation as may be provided by law for such office. Section 3 . Article 3 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to removal of the Attorney General for incapacity, is repealed in its entirety. Section 4 . This Act shall become effective July 1, 1983. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. SUPERIOR COURTSFILING FEES. Code Section 15-6-77 Amended. No. 501 (House Bill No. 12). AN ACT To amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to certain filing fees charged by superior courts, so as to change certain fees; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1211

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 certain filing fees charged by superior courts, is amended by striking paragraphs (5), (6), and (7) of subsection (c) of said Code section in their entirety and inserting in lieu thereof new paragraphs (5), (6), and (7) to read as follows: (5) Filing and indexing financing statements, or any amendment thereto, 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, first page 3.50 Each page, after the first .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 July 1, 1981. 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. (6) Filing and indexing release of collateral, as provided in Code Section 11-9-406, filing and indexing an assignment of security interest, as provided in Code Section 11-9-405(2), and filing of succeeding continuation statement, as provided in Code Section 11-9-403(3), first page 3.50 Each page, after the first .50 (7) Providing copy of any document filed under Article 9 of Title 11, per page .75

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. COUNTY TREASURERSMANNER OF ELECTIONTERMS OF OFFICE. Code Section 36-6-1 Amended. No. 502 (House Bill No. 18). AN ACT To amend Code Section 36-6-1 of the Official Code of Georgia Annotated, relating to the qualifications of county treasurers, so as to provide that county treasurers shall be elected and commissioned in the same manner and at the same time as clerks of the superior courts and shall hold their offices for terms of four years; to provide that the General Assembly, by local law, may abolish the office of county treasurer in any county and may fix the compensation of the county treasurer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 36-6-1 of the Official Code of Georgia Annotated, relating to the qualifications of county treasurers, 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) County treasurers shall be elected and commissioned in the same manner and at the same time as clerks of the superior courts and

Page 1213

shall hold their offices for terms of four years. The General Assembly, by local law, may abolish the office of county treasurer in any county and may fix the compensation of the county treasurer. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. JEKYLL ISLAND STATE PARK AUTHORITY AUTHORIZED TO SELL ALCOHOLIC BEVERAGES. Code Section 12-3-235 Amended. No. 503 (House Bill No. 278). AN ACT To amend Code Section 12-3-235 of the Official Code of Georgia Annotated, relating to the powers of the Jekyll Island State Park Authority generally, so as to authorize the park authority to sell alcoholic beverages for consumption on the premises only upon certain property operated and controlled by the park authority after obtaining a license from the Department of Revenue; 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 12-3-235 of the Official Code of Georgia Annotated, relating to the powers of the Jekyll Island State Park Authority generally, is amended by striking paragraph (21) in its entirety and inserting in lieu thereof a new paragraph (21) to read as follows: (21) To do all things necessary or convenient to carry out the powers expressly given in this part; and to do any and all other acts

Page 1214

and things which this part authorizes or requires to be done, whether or not included in the general powers mentioned in this Code section;, and by adding at the end thereof a new paragraph (22) to read as follows: (22) To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated and controlled by the authority and located within the territorial limits of Jekyll Island, Georgia. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. MALT BEVERAGESLICENSE REQUIREMENTS FOR MANUFACTURE, DISTRIBUTION AND SALE CHANGED. Code Title 3, Chapter 5 Amended. No. 504 (Senate Bill No. 1). AN ACT To amend Article 2 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and sale of malt beverages, so as to provide for the distribution of malt beverages; to provide definitions; to provide for purposes and policies; to provide for designated territories; to provide for limitations on business interests; to prohibit certain conduct; to provide for applicability; to provide for

Page 1215

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 2 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and sale of malt beverages, is amended by striking Code Section 3-5-22, which reads as follows: 3-5-22. (a) No shipper, brewer, or importer may ship malt beverages within or into the state without first obtaining a proper license from the commissioner in the manner provided in this title (b) In addition to any required bond and such other documentation as may be required by the commissioner pursuant to this title, each shipper shall submit with his application one label for each brand of malt beverage to be shipped for the first time by the shipper into the state., and inserting in lieu thereof the following: 3-5-22. Reserved. Section 2 . Said article is further amended by adding at the end thereof new Code Sections 3-5-29, 3-5-30, 3-5-31, 3-5-32, 3-5-33, and 3-5-34 to read as follows: 3-5-29. As used in Code Section 3-5-30 through 3-5-34, unless the context clearly requires otherwise, the term `agreement' shall mean a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration between a brewer and a malt beverage wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the brewer's brands of malt beverage. 3-5-30. (a) Code Sections 3-5-31 through 3-5-34 are promulgated pursuant to the authority granted to the state under the provisions of the Twenty-first Amendment to the United States Constitution and specifically for the following purposes and policies: (1) To prohibit unfair business practices and to prevent any one segment of the malt beverage industry to gain unfair advantage over the other segments;

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(2) To foster vigorous and healthy interbrand competition in the malt beverage industry; (3) To provide an orderly three-tier system for the distribution and sale of good quality malt beverages in the State of Georgia; (4) To promote the public health, safety, and welfare of the people of the State of Georgia; and (5) To provide a distribution system for malt beverages that will facilitate the collection and accountability of state and local excise taxes. (b) The provisions of Code Sections 3-5-31 through 3-5-34 may not be varied by separate agreement and any such attempt shall be void and unenforceable as being violative of the public policy of this state. (c) The commissioner shall have the authority to promulgate such regulations as are consistent with the stated policies of this article. 3-5-31. (a) No shipper shall be permitted to ship beer into the state without first obtaining a proper license from the commissioner in the manner provided in this title. (b) In addition to the bond required in Code Section 3-5-25.1 and such other documentation required by the commissioner pursuant to this title, each shipper shall: (1) Submit with his application one label for each brand of beer to be shipped for the first time by the shipper into the state; (2) Designate in the application for registration sales territories for each of its brands sold in Georgia; and (3) Name one licensed wholesaler in each territory who, within the territory, shall be the exclusive distributor of the brand within the territory. (c) Designations of wholesalers or wholesalers' territories as provided in this Code section shall be initially approved by the

Page 1217

commissioner and shall not be changed nor initially disapproved except for cause. The commissioner shall determine cause after a hearing under regulations promulgated by the commissioner for such purposes. 3-5-32. No licensed registered brewer, broker, or importer authorized to do business in this state nor any of his employees or members of such brewer's, broker's, or importer's immediate family shall have, own, or enjoy ownership interest in or partnership arrangement with the business of any wholesaler or retailer licensee. Cooperative advertising and incentive programs shall not be deemed to constitute a partnership agreement. 3-5-33. No brewer, broker, or importer shall: (1) Induce or coerce, or attempt to induce or coerce, any wholesaler to accept delivery of any malt beverage which has not been ordered or agreed upon by the wholesaler, provided that recommendation, endorsement, exposition, persuasion, or argument shall not be deemed to constitute inducements, coercion, or requirements prohibited by this Code section; (2) Require a wholesaler to assent to any unreasonable requirement, condition, understanding, or term of an agreement limiting the wholesaler's right to sell the product of any other brewer, broker, or importer; (3) Fix or maintain the price at which a wholesaler may resell beer, whether by the terms or requirements imposed on the wholesaler under an agreement or otherwise; or (4) Require or prohibit any change in the management or supervisory employees of a wholesaler unless the current or proposed employees fail to meet essential, reasonable, and nondiscriminatory requirements imposed by an agreement's express terms. 3-5-34. Code Sections 3-5-29 through 3-5-33 shall apply to designations in effect on or after July 1, 1983. Section 3 . This Act shall become effective July 1, 1983.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. SCHOOL BUS DRIVERSMINIMUM SALARIES PRESCRIBED. Code Section 20-2-187 Amended. No. 505 (House Bill No. 297). AN ACT To amend Code Section 20-2-187 of the Official Code of Georgia Annotated, relating to the amount and use of funds for pupil transportation under the Adequate Program for Education in Georgia Act, so as to change the provisions relating to minimum salaries for school bus drivers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 20-2-187 of the Official Code of Georgia Annotated, relating to the amount and use of funds for pupil transportation under the Adequate Program for Education in Georgia Act, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The state board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses, regardless of type of ownership, which shall be not less than $350.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. County, area school, or independent systems shall not pay to any bus driver in its employment a salary less than that prescribed by the uniform minimum salary schedule but shall have

Page 1219

the authority to supplement the salary of a bus driver employed by the county, area school, or independent system. The expense of purchasing, maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subsection (a) of this Code section. This subsection shall not apply to student or teacher drivers. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. COSMETOLOGISTS AND ESTHETICIANSQUALIFICATIONS FOR LICENSING AND REGISTRATION, ETC. Code Title 43, Chapter 10 Amended. No. 506 (House Bill No. 294). AN ACT To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change the definition of the term cosmetologist; to define certain terms; to authorize the board to issue certificates of registration for practice as a master cosmetologist and certificates of registration for an esthetician and to establish qualifications therefor; to change the provisions relating to reciprocity; to change the provisions relating to teachers and instructors; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1220

Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking Code Section 43-10-1, relating to definitions, in its entirety and substituting in lieu thereof a new Code Section 43-10-1 to read as follows: 43-10-1. As used in this chapter, the term: (1) `Beautician' means `cosmetologist' as such term is defined in this Code section. (2) `Beauty school,' or `beauty college,' or `school of cosmetology' means any business entity that trains more than one person for compensation in the occupation of cosmetology. (3) `Beauty shop' or `beauty salon' means any premises where one or more persons engage in the occupation of cosmetology. (4) `Board' means the State Board of Cosmetology. (5) `Cosmetologist' means any person who performs any one or more of the following services for compensation: (A) Cuts or dresses the hair; (B) Gives facial or scalp massage or facial and scalp treatment with oils or creams and other preparations made for this purpose, either by hand or mechanical appliance; (C) Singes and shampoos the hair, dyes the hair, or does permanent waving of the hair; (D) Performs nail care, pedicure, or manicuring services as defined in paragraph (7) of this Code section; or (E) Performs the services of an esthetician as defined in paragraph (6) of this Code section. Such person shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section.

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(6) `Esthetician' or `esthetics operator' means a person who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care: (A) Massaging the face or neck of a person; (B) Trimming eyebrows; (C) Dyeing eyelashes or eyebrows; or (D) Waxing, stimulating, cleansing, or beautifying the face, neck, arms, or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation. Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition. (7) `Manicurist' means a person who, for compensation, trims, files, shapes, decorates, applies sculptured or otherwise artificial nails, or in any way cares for the nails of another person. (8) `Master cosmetologist' means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services mentioned in paragraph (5) of this Code section for compensation. Section 2 . Said chapter is further amended by striking in its entirety Code Section 43-10-2, relating to the State Board of Cosmetology, and inserting in lieu thereof a new Code Section 43-10-2 to read as follows: 43-10-2. (a) There is created the State Board of Cosmetology. The board shall consist of eight members who shall have been citizens of the United States and residents of this state for at least five years immediately prior to their appointment. The board shall have the duty of carrying out and enforcing this chapter. (b) Members of the board shall be at least 25 years of age and be high school graduates; and five of such members must have had at least five years of practical experience in the practice of cosmetology at the master level, a portion of which must have been as a beauty salon owner or manager. One member of the board must have had at

Page 1222

least five years of practical experience in the practice of cosmetology at the esthetician level. One member of the board must have had at least five years of practical experience as a manicurist. (c) The board shall meet not more than 90 days each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board. (d) No member of the board shall be affiliated with any school of cosmetology. One member shall not have any connection with the practice or business of cosmetology whatsoever, but he shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the board shall be affiliated or connected in any manner with any manufacturer or wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office. (e) Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause. (f) Each year the members shall elect a chairman from among themselves. In the event the members cannot agree as to who shall be chairman, the Governor shall appoint one of such members as chairman. The chairman so elected or appointed shall be eligible to succeed himself. The members of the board shall be considered public officers and shall take the oath required thereof. (g) The board shall adopt a seal to be used to authenticate all its official papers and acts and shall have power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction. Section 3 . Said chapter is further amended by striking in its entirety Code Section 43-10-8, relating to certificates of registration, and inserting in lieu thereof a new Code Section 43-10-8 to read as follows:

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43-10-8. (a) It shall be unlawful for any person to pursue the occupation of cosmetology in this state unless he has first obtained the appropriate certificate of registration as provided in this chapter. (b) It shall be unlawful for any person to hold himself out as a master cosmetologist without having first obtained the certificate of registration for such. Such person shall be authorized to perform all the services mentioned in paragraph (5) of Code Section 43-10-1. Nothing in this chapter shall prohibit any person who holds a valid master cosmetologist license in this state on the effective date of this chapter from practicing at the master cosmetologist level as defined in paragraph (5) of Code Section 43-10-1. (c) Notwithstanding any other provision of this chapter, any person desiring to perform solely cosmetic skin care services shall be allowed to obtain a certificate of registration at the esthetician level, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (6) of Code Section 43-10-1. Any person who has actively engaged in the performance of cosmetic skin care services for a period of two years on the effective date of this Code section shall be eligible to receive a certificate of esthetician level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1983. (d) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic nail care services shall be allowed to obtain a certificate of registration at the manicurist level, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (7) of Code Section 43-10-1. Any person who has actively engaged in the performance of nail care services for a period of one year on the effective date of this Code section shall be eligible to receive a certificate of manicurist level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1983. (e) It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, beauty school, school of cosmetology, or esthetician school without first having obtained a certificate of registration for such shop, salon, or school as provided in this chapter. Any beauty shop, salon, school, or college shall register with the joint-secretary of the state examining boards prior to opening.

Page 1224

(f) This chapter shall have uniform application throughout the state so that no cosmetologist, beauty shop, beauty school, beauty college, school of cosmetology, esthetician school, or nail care school or shop shall be exempt from regulation. Section 4 . Said chapter is further amended by striking in its entirety Code Section 43-10-9, relating to applications for certificates of registration, and inserting in lieu thereof a new Code Section 43-10-9 to read as follows: 43-10-9. (a) Any person desiring to obtain a certificate of registration to enable him to engage in the occupation of cosmetology shall make application through the joint-secretary to the board, shall present proof that he has completed the ninth grade of school instruction or its substantial equivalent, and shall satisfy the board that he is free from infectious and contagious diseases. If, after examination, it is determined that the applicant is above 18 years of age; is of good moral character and free from contagious and infectious diseases; has completed a 1500 credit hour study course at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 3000 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his ability in the preparation of tools, in performing the services mentioned in paragraph (5) of Code Section 43-10-1 and in all the duties and services incident thereto; shall pay to the joint-secretary an examination fee in such amount as shall be set by the board by regulation; and shall present himself at the next meeting of the board held for examination of applicants and shall pass the examination, a certificate of registration shall be issued to him entitling him to practice the occupation of master cosmetologist. (b) Should an applicant under this Code section fail to pass such an examination, the board shall furnish him a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee. (c) Any person making application for examination under this Code section, if free from infectious and contagious diseases, shall be allowed to practice the occupation of cosmetology until the next meeting of the board held for the examination of applicants, which

Page 1225

examination such person is eligible to take. The board shall issue a permit authorizing such person so to practice until such meeting. Thereafter, no further such permit shall be renewed or issued to the person to authorize such practice. (d) Should an applicant have a current cosmetology license in force from another state and have paid to the joint-secretary a fee in such amount as shall be set by the board by regulation, the applicant may be issued a certificate of registration at the appropriate level entitling him or her to practice the occupation of a cosmetologist at that level subject to the terms and provisions of this chapter. (e) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the joint-secretary to the board, shall present proof that he has completed the ninth grade of school instruction or its substantial equivalent, and shall satisfy the board that he is free from infectious and contagious diseases. If, after examination, it is determined that the applicant is above 18 years of age; is of good moral character and free from contagious and infectious diseases; has completed a 750 credit hour study course at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 1500 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (6) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; shall pay to the joint-secretary an examination fee in such amount as shall be set by the board by regulation; and shall present himself at the next meeting of the board held for examination of applicants and shall pass the examination, a certificate of registration shall be issued to him entitling him to practice the occupation of cosmetology at the esthetician level. (f) Any person desiring to obtain a certificate of registration at the manicurist level under the terms of this chapter shall make application through the joint-secretary to the boards, shall present proof that he has completed the ninth grade of school instruction or its substantial equivalent, and shall satisfy the board that he is free from infectious and contagious diseases. If, after examination, it is determined that the applicant is above 18 years of age, is of good moral character and free from contagious and infectious diseases, has completed a 160 credit hour study course at a board approved school or has served as an apprentice in a beauty shop or beauty salon under the direction of a master cosmetologist for a period of at least 320

Page 1226

credit hours, has practiced or studied nail care, is possessed of the requisite skill to perform properly these services, and the applicant pays to the joint-secretary an examination fee in such amount as shall be set by the board by regulation, presents himself at the next meeting of the board held for examination of applicants, and passes the examination, then a certificate of registration shall be issued to him entitling him to practice the occupation of cosmetology at the manicurist level. (g) Nothing in this section shall be construed as preventing a person from obtaining a certaificate of registration for the occupation of cosmetology, at the master level, the esthetician level, or the manicurist level if they obtain their credit hour study at a State Board of Education approved school rather than a board-approved school. Section 5 . Said chapter is further amended by striking paragraph (e) of Code Section 43-10-12, relating to the regulation of beauty schools, colleges, and instructors, and inserting in lieu thereof a new paragraph (e) to read as follows: (e) (1) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any beauty school, beauty college, or school of cosmetology shall first file his application with the joint-secretary for a license therefor and shall pay an examination fee in such amount as shall be set by the board by regulation. Such person shall satisfy the board that he holds a current cosmetology license at the master level and also holds a diploma or certificate of 1500 credit hours from a board approved school, or, in the case of a person desiring to teach solely the area of cosmetic skin care, that he holds a current esthetician's certificate of registration and also holds a diploma or certificate of 750 hours from a board approved school, is a high school graduate, and has one year's instruction training in a registered cosmetology school. Such person shall also pass an examination satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology at the appropriate level. Any person desiring to teach solely in the area of nail care shall be required to comply with the requirements for instruction of cosmetology at the master cosmetology level. (2) Any teacher or instructor shall renew his license to teach cosmetology biennially by remitting with his application a renewal fee in such amount as shall be set by the board by regulation;

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provided, however, any teacher or instructor who fails to renew his certificate of registration to practice as a cosmetologist biennially on or before the thirty-first day of July shall automatically have his license to teach or instruct revoked. A person failing to renew his teacher's license within two years after expiration shall be required to qualify under this chapter for an examination for a teacher's license. Section 6 . Said chapter is further amended by striking in its entirety Code Section 43-10-14, relating to the study of cosmetology by persons over 16 years of age, and inserting in lieu thereof a new Code Section 43-10-14 to read as follows: 43-10-14. Nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 18 months' experience and has held a license of a master cosmetologist for at least 18 months. In addition, nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of cosmetology under an instructor in a beauty school, beauty college, or school of cosmetology who has been a cosmetologist for a period of at least 18 months and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate, providing said cosmetologist has had at least 18 months' experience or has held an esthetician certificate for at least 18 months, or under an instructor in a beauty school, college, school of cosmetology, or esthetician school who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Every shop or school owner shall have the responsibility for registering students and apprentices with the joint-secretary. The shop or school owner shall file a statement in writing, showing the student's or apprentice's name and the address of the school or shop. The board shall have the authority to require the shop owner or school owner to furnish to the board the number of hours completed by the student or apprentice. The shop or school owner shall remit to the joint-secretary a fee in such amount as shall be set by the board by regulation for the registration of the student or apprentice. The student or apprentice shall receive a certificate of registration showing the capacity in which he is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the

Page 1228

filing of an application on forms furnished by the joint-secretary and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity. Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. GEORGIA RESIDENTIAL FINANCE AUTHORITY ACT AMENDED. GEORGIA SECONDARY MARKET CORPORATION ACT REPEALED. Code Title 8, Chapter 3 Amended. No. 507 (House Bill No. 428). AN ACT To amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the Georgia Residential Finance Authority Act, so as to change the membership of the authority; to provide for legislative intent; to amend the definition of eligible persons and families relating to retaining manpower resources essential to industrial and commercial operations and development in certain areas; to alter the maximum authority for issuing bonds and notes for the single-family residential housing program; to change the language relating to use of facsimile signatures on bonds issued by the

Page 1229

authority; to repeal the Georgia Secondary Market Corporation Act; to establish a secondary market program for residential housing as a part of the Georgia Residential Finance Authority; to provide additional definitions regarding the secondary market program for residential housing; to provide additional powers regarding operation of a secondary market program for residential housing; to provide requirements regarding purchase of mortgages and participation therein by the authority in relation to a secondary market program for residential housing; to provide requirements for issuance and validation of revenue bonds, notes, and securities by the authority relating to a secondary market program for residential housing; to provide for a maximum authority for securities issued relating to a secondary market program for residential housing; to provide that securities issued by the authority relating to a secondary market program for residential housing shall be legal investments; to provide that securities of the authority issued relating to a secondary market program for residential housing shall not 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 appropriations for the payment of such securities; to provide for payment of security proceeds, grants, and revenues to a trustee; to provide for pledges by the authority of assets and funds for payment of securities; to provide for a capital reserve fund and for the administration thereof; to provide for the use of proceeds and the interest therefrom; to provide for an exemption from taxation; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . 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 paragraph (9) of subsection (a) of Code Section 8-3-171, relating to legislative findings and intent, in its entirety and inserting in lieu thereof new paragraphs (9), (10), (11), and (12) to read as follows: (9) That, in order to encourage the development and operation of new family farms in Georgia, the establishment of the Georgia Residential Finance Authority under this part is in the best interest of all Georgians;

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(10) That in certain areas of the state there exists an inadequate supply of and critical need for safe and sanitary dwelling accommodations which would be necessary to retain or attract to such areas qualified manpower resources, regardless of their incomes, essential to industrial and commercial operations and development in such areas, and therefore the establishment of the Georgia Residential Finance Authority under this part is in the best interest of all Georgians; (11) That, in order to encourage the investment of private capital and to encourage private enterprise to build and rehabilitate housing to retain and attract such manpower resources referred to in paragraph (10) of this subsection, provision should be made for mortgage loans to qualified housing sponsors which, subject to regulation as to rents, profits, dividends, and disposition of their property, will construct and rehabilitate dwelling accommodations for such manpower resources, regardless of their income; (12) That, in order to provide funds for lending institutions to facilitate the making of loans to persons, regardless of income, who are determined eligible by the authority in accordance with standards set by the authority to address the shortage of dwelling accommodations needed to retain or attract industrial or commercial operations and development in certain areas of the state, provision should be made for: (A) Making loans to lending institutions so that such institutions may in turn make the loans described above; (B) Purchasing such loans from lending institutions; and (C) Otherwise financing the making of such loans by lending institutions. Section 2 . Said article is further amended by striking subsection (b) of Code Section 8-3-171, relating to legislative findings and intent, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) In accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare, to assist in providing housing for such low or

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moderate income families and persons who would otherwise be unable to obtain adequate dwellings which they could afford and to assist in developing the family farm unit to its full capabilities in Georgia. Further, in accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare and as a means of developing and stimulating commercial and industrial operations in certain areas of the state, to assist in providing dwelling accommodations for persons, regardless of income, who are determined eligible by the authority as a means of addressing the housing shortage problem described in paragraphs (10), (11), and (12) of subsection (a) of this Code section. Section 3 . Said article is further amended by striking paragraph (7) of Code Section 8-3-172, relating to definitions, in its entirety and inserting in lieu thereof a new paragraph (7) to read as follows: (7) `Eligible persons and families' means: (A) Persons and families in this state who do not have sufficient income to afford to pay the amounts at which private enterprise, without federally aided mortgages or state-aided mortgages, is providing a substantial supply of decent, safe, and sanitary housing and who satisfy income limitations established by the authority in administrative guidelines and procedures established pursuant to the criteria set forth in subsection (c) of Code Section 8-3-176; (B) Persons and families in this state who because of their age or physical disability or the age or physical disability of the head of their household, as determined by the administrative guidelines and procedures of the authority established pursuant to the criteria set forth in subsection (c) of Code Section 8-3-176, are in need of residential housing in a special location or of a special design, or are in need of sanitary, decent, and safe residential housing; or (C) Persons and families in this state who do not have sufficient income to afford to pay the interest rates at which private enterprise, without federally aided mortgages or state-aided mortgages, is offering loans to the family farmer to purchase land, housing, buildings, or equipment for the family farm and who satisfy income limitations established by the authority in

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administrative guidelines and procedures of the authority established pursuant to the criteria set forth in subsection (c) of Code Section 8-3-176, and who satisfy other criteria set out in this part and in the rules of the authority. Section 4 . Said article is further amended by striking subsections (a) and (b) of Code Section 8-3-174, relating to the composition of the authority, in their entirety and inserting in lieu thereof new subsections (a) and (b) 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, a person from the executive branch of state government who has been appointed by the Governor by executive order to attend authority board meetings, to be counted in determining the existence of a quorum, and to vote in his absence; (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. (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. 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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Section 5 . Said article is further amended by striking subsection (d) of Code Section 8-3-175, relating to rules, regulations, and procedures, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) The authority shall maintain a system of accounts in accordance with generally accepted accounting principles and standard accounting procedures and systems established by the state, where applicable. Section 6 . Said article is further amended by striking paragraph (8) of subsection (a) of Code Section 8-3-176, relating to powers of the authority generally, in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows: (8) To make loans, the repayment of which is secured by mortgages or security interests; to participate in the making of secured loans; to undertake commitments to make secured loans; to acquire and contract to acquire mortgages or participations therein from lending institutions, United States government corporations, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, or any federal or state agency; and to enter into advance commitments to such organizations for the purchase of such mortgages or participations;, and by striking subparagraphs (E) and (F) of paragraph (14) of subsection (a) of Code Section 8-3-176 in their entirety and inserting in lieu thereof new subparagraphs (E) and (F) to read as follows: (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

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deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan 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: (i) Direct and general obligations of the state or of any county or municipality in the state; (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 by striking paragraph (25) of subsection (a) of Code Section 8-3-176, which reads 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;,

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and inserting in lieu thereof the following: (25) Reserved., and by striking in its entirety paragraph (27) of subsection (a) of Code Section 8-3-176, which reads as follows: (27) 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;, and inserting in lieu thereof the following: (27) Reserved., and by adding at the end of subsection (a) of Code Section 8-3-176 new paragraphs (30) and (31) to read as follows: (30) To issue bonds and to purchase, make, or otherwise finance mortgages on single-family and multifamily residential housing for the benefit of persons and families in this state, regardless of their income, for whom, as determined by the administrative guidelines and procedures of the authority, construction of new or rehabilitated dwelling accommodations in some area or areas of this state designated by the authority is necessary for the purpose of retaining in or attracting to such area or areas qualified manpower resources essential to industrial and commercial operations and development in such area or areas. This power exists without consideration being given to the income of the mortgagors notwithstanding any references in the `Georgia Residential Finance Authority Act,' including definitions contained therein, to low and moderate income requirements applying to mortgagors benefiting from bond issues and from loans made, purchased, or otherwise financed by the authority. This power also shall be exempt from the geographic distribution requirements contained in subsection (d) of Code Section 8-3-176; (31) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations of the

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types specified in paragraph (14) of this subsection by making or entering into short sales, future and forward delivery contracts, whether or not legally characterized as commodities, and arbitrage transactions and option contracts, whether or not denominated as standby commitments. Section 7 . Said article is further amended by striking subsection (a) of Code Section 8-3-179, relating to the purchase of mortgages generally, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) With respect to the power set forth in paragraph (8) of subsection (a) of Code Section 8-3-176 to purchase mortgages or participations therein from lending institutions, the authority may purchase mortgages from lending institutions within the State of Georgia. A mortgage shall not be acquired under this part unless the yield on its principal obligations meets the yield established by the authority. The authority shall establish such yield, taking into consideration, inter alia, the following: (1) The cost to the authority in obtaining funds; (2) Allowances to be made to a lending institution as a service fee in acting as servicing agent in the administration and collection of the mortgage; (3) Administrative costs of the authority; (4) Allowances for any necessary reserves of the authority; and (5) Rules of the Internal Revenue Service of the United States., and by striking subsection (e) of Code Section 8-3-179 in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) The authority may make commitments to lending institutions to purchase a mortgage or participation therein prior to the date of its execution. The authority shall establish such fees as are necessary to reimburse the authority for the administrative costs incurred in connection with making commitments to purchase and in purchasing mortgages or participations therein.,

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and by deleting paragraph (5) of subsection (f) of Code Section 8-3-179 in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) That the mortgage constitutes a valid first lien, or a valid second lien in the case of a mortgage securing a rehabilitation loan, on the real property described to the authority, subject only to real property taxes not yet due, installments of assessments not yet due, and easements and restrictions of record which do not adversely affect to a material degree the use or value of the real property or improvements thereon., and by striking in its entirety paragraph (10) of subsection (f) of Code Section 8-3-179, which reads as follows: (10) That moneys received from the authority will be utilized for mortgage loans to qualified housing sponsors or to eligible persons and families in Georgia; that certification by the lending institution to the effect that moneys have been reloaned will be filed with the authority pursuant to the rules of the authority and will be available to the members of the public and to members of the General Assembly. Section 8 . Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 8-3-180, relating to the issuance and validation of bonds, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate principal amount exceeding $465 million, excluding bonds and notes issued to refund outstanding bonds and notes., and by striking in their entirety paragraphs (5) and (6), which 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 multifamily residential housing program with the funds, revenues, or proceeds derived from the issuance of bonds or notes used to fund the family farm program.

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(6) On or after May 1, 1981, the funds, revenues, or proceeds derived from the issuance of bonds and notes used to fund the singlefamily residential housing program or the multifamily 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 multifamily residential housing programs., and by striking subsection (b) of Code Section 8-3-180 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The bonds of each issue shall be dated, shall bear interest at such rate or rates as shall be set by the authority, payable semiannually, shall mature at such time or times as the authority may determine at the time of issue, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of bonds., and by striking subsection (d) of Code Section 8-3-180 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) All such bonds shall be executed in the name of the authority by the chairman and secretary of the authority and shall be sealed with the official seal of the authority or a facsimile thereof. Coupons, if any, shall be executed in the name of the authority by the chairman of the authority. The facsimile signature of both the chairman and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs, and the facsimile of the chairman's signature shall be used on any coupons. Bonds and any interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such 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. Section 9 . Said article is further amended by striking Code Section 8-3-184, relating to capital reserve funds, in its entirety and inserting in lieu thereof a new Code Section 8-3-184 to read as follows:

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8-3-184. The authority may create and establish one or more special funds to secure the bonds issued under this part, to be known as `capital reserve funds,' and pay into each such capital reserve fund: (1) Any proceeds of sales of bonds to the extent provided in the resolution of the authority authorizing the issuance thereof; (2) Any moneys transferred into such fund by the authority from any other fund authorized by this part, in such amounts and at such times as the authority deems necessary for the purpose of such funds; and (3) Any other income or moneys made available to the authority for the purposes of such fund from any other source or sources. Section 10 . Said article is further amended by striking Part 2, known as the Georgia Secondary Market Corporation Act, in its entirety and inserting in lieu thereof a new Part 2 to read as follows: Part 2 8-3-190. (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 and inhibits the economic and industrial development and vitality of the state. 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 a mechanism is needed whereby sufficient amounts of money may be made available to the financial institutions of this state at reasonable rates to provide the citizens of Georgia with adequate home mortgage money at affordable rates with which to provide and encourage housing for economic development.

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(c) The General Assembly finds that the seriousness of the problems confronting the state requires access to capital markets by the authority. (d) The General Assembly further finds that all of the foregoing are public purposes and uses for which moneys may be borrowed, expended, advanced, loaned, or granted and that such activities serve a public purpose in improving or otherwise benefiting the people of the state, and that the enactment of this article is in the public interest and is so declared as a matter of express legislative determination. (e) The General Assembly declares that the purposes of this part are to establish secondary market facilities for home mortgages 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 homebuilding activities which decline materially threatens the stability of a high level state economy. (f) The General Assembly further finds that it is necessary and in the public interest that the powers of the authority be further expanded to authorize it to create, operate, fund, administer, and maintain a secondary market program for home mortgages by providing an increased degree of liquidity for mortgage investments by the state's financial institutions, thereby improving the distribution and availability of investment capital for use in home mortgage financing for all Georgians, regardless of their income, and promoting the economic well-being of the state through increased opportunity for employment. 8-3-190.1. As used in this part, the term: (1) `Authority' means the Georgia Residential Finance Authority created by Code Section 8-3-173. (2) `Authorized officer' means the chairman, vice-chairman, treasurer, executive director, and secretary of the authority and any other person authorized by resolution of the authority to act as an authorized officer, which resolution shall be filed with the trustee.

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(3) `Bonds' means the bonds issued by the authority. Such bonds may be limited or general obligations of the authority. Wherever the word `bond' or `bonds' appears in this part, it shall be deemed to include the word `note' or `notes' as defined in paragraph (7) of this Code section. (4) `Georgia Financial Institution,' `mortgage lender,' or `lending institution' 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 this state and shall be authorized to do business in this state. (5) `Mortgage' means a deed to secure debt covering a fee simple or leasehold estate, which deed is accompanied by a promissory note, the holder of which is either the authority or a lending institution, where the debt is secured by real property located in this state and either is improved by a residential housing structure or is to be improved by a multifamily residential housing structure, the construction of which is required by the terms of said deed to secure debt or any associated documents. (6) `Mortgage pool' or `pool' means a pool of mortgages meeting the requirements established by the authority pursuant to this part. (7) `Notes' means the notes issued by the authority. Such notes may be limited or general obligations of the authority. (8) `Residential housing' means a specific work or improvement within the state undertaken to provide dwelling accommodations for a person or persons and a family or families and such other community facilities as may be incidental or appurtenant thereto as shall be approved by the authority. (9) `Secondary market program' means a program for the purchase or acceptance of a pledge from Georgia financial institutions of mortgage loans, the revenues derived from mortgage loans which are secured by liens on residential housing, or other securities acceptable to the authority. (10) `Securities' means the bonds, notes, mortgage-backed securities, straight pass-through securities, or modified pass-through

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securities described in this part or other obligations issued by the authority pursuant to this part. 8-3-191. In addition to all other powers, functions, duties, and privileges vested in the authority, including without limitation those set forth in Part 1 of Article 3 of Chapter 3 of Title 8, which are expressly confirmed and made applicable to all undertakings of the authority authorized by this part, the authority may exercise all powers necessary to carry out its functions in any county or municipality and, without limitation, may exercise any of the following powers: (1) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this part; (2) To borrow money and to issue notes, bonds, mortgage-backed securities, straight pass-through securities, modified pass-through securities, and other obligations, subject to the approval of the Georgia State Financing and Investment Commission, and to provide for the rights of the lenders or holders thereof; (3) To make loans, the repayment of which is secured by mortgages or security interests; to participate in the making of secured loans; to undertake commitments to make secured loans; to acquire and contract to acquire mortgages or participations therein from lending institutions, the United States government, federal corporations, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, or any federal or state agency; and to enter into advance commitments to such organizations for the purchase of such mortgages or participations; (4) To sell mortgages and security interests at public or private sale; to negotiate modifications or alterations in mortgages and security interests; to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, contract, or other agreement; to bid for and purchase property which was the subject of such mortgage or security interest at any foreclosure or at any other sale; to acquire or take possession of any such property and, in the event that the authority takes possession of any obligations incurred in connection with

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such property, to administer, operate, manage, lease, dispose of, and otherwise deal with such property in such manner as may be necessary or desirable to protect the interests of the authority and the holders of its notes, bonds, and other obligations; (5) To collect fees and charges in connection with its loans, commitments, and servicing, including but not limited to reimbursement of costs of financing as the authority shall determine to be reasonable and as shall be approved by the authority; (6) To make and execute contracts for the servicing of mortgages made or acquired by the authority pursuant to this part and to pay the reasonable values of services rendered to the authority pursuant to those contracts; (7) To accept gifts, grants, loans, or other aid from the federal government or the state or any persons or corporations and to agree and comply with any conditions attached to federal and state financial assistance; (8) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, 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; (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, the Federal Intermediate Credit, and the 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 bond principal and interest by a pledge of annual contributions

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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, the Federal Home Loan 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: (i) Direct and general obligations of the state or of any county or municipality in the state; (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

Page 1245

(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; (9) To acquire or contract to acquire from any person, firm, corporation, municipality, or federal or state agency, by grant, purchase or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same. Nothing in this part shall be deemed to impede the operation and effect of local zoning, building, and housing ordinances or ordinances relating to the subdivision control, land development, or fire prevention or other ordinances having to do with housing or the development thereof; (10) To invest any moneys held in debt service funds or sinking funds, if any, not required for immediate use or disbursement in obligations of the types specified in paragraph (8) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, principal installments and interest payments, schedule for which such moneys are to be applied; (11) To use income earned on any investment authorized in paragraph (8) of this subsection for such corporate purposes of the authority as the authority in its discretion shall determine and provide; and

Page 1246

(12) Subject to any agreement with security holders, moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any securities and any moneys held in reserve funds in connection with investing funds in obligations of the types specified in paragraph (8) of this subsection, to make or enter into short sales, future and forward delivery contracts, whether or not legally characterized as commodities, and arbitrage transactions and option contracts, whether or not denominated as standby commitments. 8-3-192. (a) With respect to the power set forth in paragraph (3) of Code Section 8-3-191 to purchase mortgages or participations therein from lending institutions, the authority may purchase mortgages from lending institutions within the State of Georgia. A mortgage shall not be acquired under this part unless the yield on its principal obligations meets the yield established by the authority. The authority shall establish such rates of interest, taking into consideration, inter alia, the following: (1) The cost to the authority in obtaining funds; (2) Allowances to be made to a lending institution as a service fee in acting as servicing agent in the administration and collection of the mortgage; (3) Administrative costs of the authority; (4) Allowances for any necessary reserves of the authority; and (5) Rules of the Internal Revenue Service of the United States. (b) The authority may purchase participations in mortgages from lending institutions within the state and shall make such rule as will adequately secure the authority and its bondholders and its noteholders with respect to the purchase of participations in mortgages. (c) If the authority purchases a mortgage or a participation therein from a lending institution, the lending institution may act as servicing agent for the authority in the collection and administration of the mortgage, subject to the rules established by the authority under this part.

Page 1247

(d) The authority shall by rule fix the amount of the fee to be paid a servicing agent for services in connection with a mortgage in such amount as shall reimburse the servicing agent for performing such services. The amount of such fee shall be deductible from any interest payable and collected under the mortgage. (e) The authority may make commitments to lending institutions to purchase a mortgage or participation therein prior to the date of its execution. The authority shall establish such fees as are necessary to reimburse the authority for the administrative costs incurred in connection with making commitments to purchase and in purchasing mortgages or participations therein. (f) The authority shall require, as a condition of purchase of any mortgage from a lending institution, that the lending institution represent and warrant to the authority: (1) That the unpaid principal balance of the mortgage and the interest rate thereon have been accurately stated to the authority and that the interest rate and all service charges in connection therewith are not usurious under the laws of Georgia; (2) That the amount of the unpaid principal balance is justly due and owing; (3) That the lending institution has no notice of the existence of any counterclaim, offset, or defense asserted by the mortgagor or his successor in interest; (4) That necessary documents have been properly recorded in the county in which the real estate lies; (5) That the mortgage constitutes a valid first lien or a valid second lien, in the case of a mortgage securing a rehabilitation loan, on the real property described to the authority, subject only to repeal property taxes not yet due, installments of assessments not yet due, and easements and restrictions of record which do not adversely affect to a material degree the use or value of the real property or improvements thereon; (6) That the mortgage loan when made was lawful under the Georgia law or federal law, or both, whichever governed the making of the loan, and would be lawful on the date of purchase by

Page 1248

the authority if made by a lending institution on that date in the amount of the unpaid principal balance; (7) That the mortgagor is not now in default in the payment of any installment of principal or interest, escrow funds, real property taxes, or otherwise in the performance of his obligations under the mortgage documents and has not, to the knowledge of the lending institution, been in default in the performance of any such obligation for a period of longer than 60 days during the life of the mortgage; (8) That the mortagage agreement requires that the improvements to the mortgaged real property be covered by a valid and subsisting policy of insurance issued by a responsible insurance company legally licensed and authorized to conduct and transact business in this state and providing fire and extended coverage to an amount not less than 80 percent of the insurable value of the improvements to the mortgaged real property or in the amount of the mortgage, whichever the authority may determine; and (9) That the insurance coverage referred to in paragraph (8) of this subsection is in full force and effect. (g) Each lending institution shall be liable to the authority for any damages suffered by the authority by reason of the untruth of any representation or the breach of any warranty and, in the event that any representation shall prove to be untrue when made or in the event of any breach of warranty, the lending institution shall, at the option of the authority, repurchase the mortgage for the original purchase price adjusted for amounts subsequently paid thereon, as the authority may determine. (h) The authority may require the recording of an assignment of any mortgage purchased by it from a lending institution pursuant to this Code section. The authority shall not be required to take possession of the mortgage documents if the lending institution from which the mortgage is purchased by the authority shall enter a contract to service such mortgage and account to the authority therefor. 8-3-193. (a) (1) The authority shall have the power and is authorized at one time or from time to time to issue its securities in such principal amounts as, in the opinion of the authority, shall

Page 1249

be necessary to provide sufficient funds for achieving the corporate purposes thereof under this part, including but not limited to the making, purchasing, participation in making, and purchasing of participations in mortgage loans for the acquisition, construction, or rehabilitation of residential housing and for the acquisition, construction, or rehabilitation of community facilities appurtenant thereto; the payment of interest on securities of the authority; the establishment of reserves to secure such securities; and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. (2) The authority shall not have outstanding at any one time securities issued pursuant to this part in an aggregate principal amount exceeding $200 million, excluding securities issued to refund outstanding securities. This aggregate limit shall apply to securities issued pursuant to this part only and shall be separate and distinct from the debt limit established for bonds and notes issued pursuant to Part 1 as established by subsection (a) of Code Section 8-3-180. (3) The fixing of the statutory maximums in this Code section shall not be construed as constituting a contract between the authority and the holders of its securities that additional securities may not be issued subsequently by the authority in the event that such statutory maximums shall subsequently be increased by law. (b) The securities of each issue may be dated, may bear interest at such rate or rates as may be set by the authority, may mature at such time or times as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of bonds. (c) The authority may determine the form of the securities and shall fix the denomination or denominations of the securities and the means of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. (d) All such securities shall be executed in the name of the authority by the chairman and secretary of the authority and shall be sealed with the official seal of the authority or a facsimile thereof.

Page 1250

Coupons, if any, shall be executed in the name of the authority by the chairman of the authority. The facsimile signature of both the chairman and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs, and the facsimile of the chairman's signature shall be used on coupons, if any. Securities and any interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such 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. (e) All securities, interim receipts, interim certificates, temporary bonds, and other obligations issued under this part shall have, and are declared to have, all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the state, including Title 11, the `Uniform Commercial Code.' (f) Bonds, if any, may be issued in coupon or in 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 principal and interest. The authority 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 authority. (g) The proceeds of such securities shall be disbursed upon requisition or order of an authorized officer of the authority under such restrictions, if any, as the resolution authorizing the issuance of the securities, or as any trust indenture subject to which such securities were issued, may provide. If the proceeds of the securities of any issues shall exceed the amount required for the purpose for which such securities are issued, the surplus may be paid into the fund provided in Code Section 8-3-196 for the payment of principal and interest of such securities. (h) Prior to the preparation of definitive securities, the authority may issue interim receipts, interim certificates, or temporary securities exchangeable for definitive securities upon the issuance of the latter. The authority may also provide for the replacement of any security which shall become mutilated or be destroyed or lost. Such securities may be issued without the conducting of any proceedings, the existence of any conditions, or the occurrence of any events other than those proceedings, conditions, and events which are specified or required by this part.

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(i) The authority is authorized to provide by resolution for the issue of refunding securities of the authority for the purpose of refunding any securities issued under this part and then outstanding, together with accrued interest thereon. The issuance of such refunding securities, 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. (j) Any resolution providing for the issuance of securities under this part shall become effective immediately upon its adoption by a majority vote of the members of the authority enumerated in this part 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. (k) Except to the extent the rights given in this part may be restricted by resolution passed before the issuance of securities or by a trust indenture, any holder of securities issued under this part, any holder of any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, may protect and enforce, either at law or in equity, by action, mandamus, or other proceedings, any and all rights under the laws of the State of Georgia or granted by such resolution or trust indenture and may enforce and compel performance of all duties required by this part or by such resolution or trust indenture to be performed by the authority or any officer thereof. Specifically, any holder or trustee may compel the authority to collect such fees, charges, interest, and amortization payments on mortgage loans made by the authority as will be adequate to enable the authority to carry out any agreement as to, or pledge of, such fees, charges, interest, and amortization payments on such mortgages and other properties. Any holder or trustee may also compel the authority to carry out any other agreements with the holders of such securities and generally to perform its duties under this part. (l) All securities issued by the authority under this part shall be executed, confirmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, the `Revenue Bond Law,' except as otherwise provided in this part. (m) While any of the securities 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

Page 1252

any manner that will affect adversely the interest and rights of the holders of such securities; 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 interests and rights of the holders of such securities, nor will the state itself compete with the authority. This part shall be for the benefit of the authority and the holders of any such securities and, upon the issuance of securities under this part, shall constitute a contract with the holders of such securities. (n) The securities issued pursuant to this part by the authority 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 securities or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The securities issued by the authority pursuant to this part may be used by any such private financial institution, person, or association as security for public deposits. The securities issued by the authority 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 securities or other obligations of the state is now or may hereafter be authorized by law, including deposits to secure public funds. (o) The venue for all security 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. (p) Securities issued shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said securities were validated;

Page 1253

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. 8-3-193.1. (a) Securities to be issued pursuant to the provisions of this part may, in addition to bonds, notes, and other securities, at the option of the authority, 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 authority 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 authority; 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 authority 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 authority may cause repurchase of 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) 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. 8-3-194. Securities issued under this part shall not be deemed to constitute a debt of the state or a pledge of the faith or credit of the state, but such securities shall be payable solely from the funds provided for in this article. The issuance of such securities shall not

Page 1254

directly or indirectly obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such securities shall contain recitals on their face covering substantially the foregoing provisions of this Code section. 8-3-195. (a) All moneys received pursuant to the authority of this part, whether as proceeds from the sale of securities or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part. The authority shall, in the resolution providing for the issuance of securities or in the trust indenture, provide for the payment of the proceeds of the sale of the securities and the earnings and revenues to be received to any officer 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 expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its securities such assets, funds, and properties as the resolution providing for the issuance of its securities may provide. Any such pledge made by the authority shall be valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. 8-3-196. The authority may create and establish one or more special funds to secure the securities issued under this part, to be known as `capital reserve funds,' and pay into such capital reserve fund: (1) Any proceeds of sales of securities to the extent provided in the resolution of the authority authorizing the issuance thereof; (2) Any moneys transferred into such fund by the authority from any other fund authorized by this part, in such amounts and at such times as the authority deems necessary for the purpose of such funds; and

Page 1255

(3) Any other income or moneys made available to the authority for the purposes of such fund from any other source or sources. 8-3-197. Proceeds derived from the issuance of securities pursuant to this part and any interest or other increment derived from the investment thereof may be used for any of the purposes of the authority, including, but not limited to, operating costs, payments to the reserve funds, and other expenses. 8-3-198. 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 wellbeing and prosperity, and for the improvement of their socio-economic conditions, and the authority shall not be required to pay any tax or assessment on any property owned by the authority under the provisions of this part or upon the income therefrom. Section 11 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. GEORGIA TIME-SHARE ACT ENACTED. Code Title 44, Chapter 3, Article 5 Enacted. No. 508 (House Bill No. 246). AN ACT To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to specialized land transactions, so as to provide for the regulation of time-share estates; to provide a short title; to

Page 1256

provide purposes; to define certain terms; to provide for the status of time-share estates; to provide for the applicability of certain ordinances and codes to time-shares estates; to provide procedures for the creation of time-share estates; to provide for the content of documents creating a time-share estate; to provide for the management of time-share programs; to provide for the content of documents creating a time-share use; to provide for public offering statements; to require filing of certain information with the Georgia Real Estate Commission; to provide for rights of cancellation; to provide for escrow accounts and surety bonds; to provide certain exemptions; to provide for certain releases to be supplied to a purchaser; to provide for financial records; to provide for the effect of violations; to provide a statute of limitations for certain actions; to prohibit certain advertising; to provide for the filing of advertising materials with the Georgia Real Estate Commission; to provide certain requirements for financing of time-share programs; to provide for registration of time-share programs; to provide for filing fees; to provide for administration by the Georgia Real Estate Commission; to provide for the maintenance of certain records; to provide for investigations; to provide for penalties; to provide for applicability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to specialized land transactions, is amended by adding at the end thereof a new article, to be designated Article 5, to read as follows: ARTICLE 5 Part 1 44-3-160. This Act shall be known and may be cited as the `Georgia Time-Share Act.' 44-3-161. The purposes of this article are to: (1) Give statutory recognition to real property timesharing in this state; (2) Regulate developers of time-share estate and time-share use projects located in this state and outside this state when offered for sale in this state;

Page 1257

(3) Require that developers of time-share projects: (A) Make certain disclosures to purchasers and prospective purchasers through the use of a public offering statement; (B) Deposit trust funds with an escrow agent; (C) Follow procedures for registering the projects with the commission; (D) Utilize only licensed real estate brokers as sales agents if required by Chapter 40 of Title 43; and (E) Comply with promotional advertising standards; (4) Establish operating standards for and require registration with the commission of time-share project managing agents and exchange programs operating in this state; and (5) Provide for sanctions for violations of any provisions of this article which will permit: (A) The commission to reprimand, suspend, or revoke the registration of the time-share project, managing agent, or exchange program; (B) Courts of competent jurisdiction to impose fines or imprisonment for misdemeanors; and (C) A claim for appropriate relief by any person adversely affected. 44-3-162. As used in this article, the term: (1) `Agent' means a person authorized by the developer to act for him in offering to the public or managing time-share intervals including but not limited to employees or independent contractors of the developer, managing agents, sales agents, and escrow agents. (2) `Commission' means the Georgia Real Estate Commission.

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(3) `Commissioner' means the real estate commissioner. (4) `Conspicuous statement' means a statement in boldface and conspicuous type of at least ten points, such statements always being larger than all other statements, except for other conspicuous statements, in the body of the document in which they are required. (5) `Developer' means, in the case of any given property, any person or entity which is in the business of creating or which is in the business of selling its own time-share intervals in any time-share program. This definition shall not mean a person acting solely as a sales agent. (6) `Development,' `project,' or `property' means all of the real property subject to a project instrument and which contains more than one unit. (7) `Escrow agent' means a licensed real estate broker, an attorney who is a member of the State Bar of Georgia, a title company, or a banking institution or savings and loan company having trust powers and located in this state who is entrusted with the deposit of trust funds with instructions to carry out the provisions of an agreement or contract. (8) `Exchange company' means any person owning or operating an exchange program. (9) `Exchange program' means any arrangement whereby owners may exchange occupancy rights with persons owning other time-share intervals or units or other rights of possession; provided, however, that an exchange program shall not exist if all of the occupancy rights which may be exchanged are in the same time-share property. (10) `Managing agent' means a person who undertakes the duties, responsibilities, and obligations of the management of a time-share program. (11) `Multilocation developer' means a developer creating or selling its own time-share intervals in a multilocation plan.

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(12) `Multilocation plan' means a time-share plan respecting more than one time-share property pursuant to which owners do not obtain use rights in a specific time-share property and may, by reservation or other similar procedure, become entitled to occupy time-share units in more than one time-share property. (13) `Offering' means any offer to sell, solicitation, inducement, or advertisement whether by radio, television, newspaper, magazine, or mail whereby a person is given an opportunity to acquire a time-share interval. (14) `Person' means one or more natural persons, corporations, partnerships, associations, trusts, other entities, or any combination thereof. (15) `Project' means development. (16) `Project instrument' means one or more recordable documents applicable to the whole project by whatever name denominated, containing restrictions or covenants regulating the use, occupancy, or disposition of an entire project including any amendments to the document excluding any law, ordinance, or governmental regulation. (17) `Property' means development. (18) `Public offering statement' means a written statement given to prospective purchasers by the developer or the developer's agent disclosing such information about the time-share project as required by this article. (19) `Purchaser' means any person other than a developer or lender who acquires an interest in a time-share interval. (20) `Sales agent' means a person who for another, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another, negotiates or attempts to negotiate the sale or lease of a time-share interval in a time-share program. (21) `Sales agreement' means that contract, agreement, lease, or other written instrument by which a purchaser contracts to acquire or acquires, in the event there is no contract to acquire, an interest in a time-share interval.

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(22) `Time-share estate' means an ownership or leasehold interest in real property divided into measurable chronological periods. (23) `Time-share instrument' means any document, by whatever name denominated, creating or regulating time-share programs excluding any law, ordinance, or governmental regulation. (24) `Time-share interval' means a time-share estate or a time-share use. (25) `Time-share program' means any arrangement for time-share intervals in a time-share project whereby the use, occupancy, or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy, or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis occurring annually over any period of time in excess of one year in duration. (26) `Time-share project' means any real property that is subject to a time-share program. (27) `Time-share use' means any contractual right of exclusive occupancy which does not fall within the definition of a time-share estate including, without limitation, a vacation license, prepaid hotel reservation, club membership, limited partnership, or vacation bond. (28) `Unit' means the real property or real property improvement in a project which is divided into time-share intervals. 44-3-163. (a) A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years, if a leasehold, except as expressly modified by this article. This rule shall supersede any contrary rule at common law. (b) A document transferring or encumbering a time-share estate in real property shall not be rejected for recordation because of the nature or duration of that estate or interest, provided there is

Page 1261

compliance with all requirements necessary to make an instrument recordable. (c) For purposes of title, each time-share estate constitutes a separate estate or interest in property except for real property tax purposes. (d) For purposes of local real property taxation, each time-share unit, other than a unit operated for time-share use, shall be valued in the same manner as if such unit were owned by a single taxpayer. The total cumulative purchase price paid by the time-share owners for a unit shall not be utilized by the commissioner of revenue or other local assessing officers as a factor in determining the assessed value of such unit. A unit operated as a time-share use, however, may be assessed the same as other income-producing and investment property. Tax records in a time-share unit shall be in the name of the association or the managing agent. 44-3-164. No zoning, subdivision, or building code or other real estate use ordinance or regulation shall prohibit the time-share interval form of ownership or use or impose any requirement upon the time-share project which it does not impose upon a physically identical improvement or development under a different form of ownership. No subdivision law, ordinance, or regulation shall apply to any division of an improvement or unit into a time-share project or time-share intervals. Part 2 44-3-165. (a) A time-share program may be created in any unit, unless expressly prohibited by the project instruments. (b) No action for partition of a unit may be maintained except as permitted by the time-share instrument. 44-3-166. Project instruments and time-share instruments creating time-share estates shall be recorded in the superior court of the county in which the project is located and shall contain the following: (1) The name of the county in which the property is situated;

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(2) The legal description, street address, or other description sufficient to identify the property; (3) Identification of time periods by letter, name, number, or combination thereof; (4) Identification of time-share estates and, where applicable, the method whereby additional time-share estates may be created; (5) The formula, fraction, or percentage of the common expenses and any voting rights assigned to each time-share estate and, where applicable, to each unit in a project that is not subject to the time-share program; (6) Any restrictions on the use, occupancy, alteration, or alienation of time-share intervals; and (7) The ownership interest, if any, in personal property and provisions for care and replacement. 44-3-167. The time-share instruments for a time-share estate program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units, which shall include the following: (1) Creation of an association of time-share estate owners; (2) Adoption of bylaws for organizing and operating the association; (3) Payment of costs and expenses of operating the time-share program and of owning and maintaining the units; (4) Employment and termination of employment of the managing agent for the association; (5) Preparation and dissemination to owners of an annual budget and operating statements and other financial information including, but not limited to, the current status of payments under any security deed, contracts for improvements, or other encumbrances concerning the time-share program;

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(6) Adoption of standards and rules of conduct for the use and occupancy of units by owners; (7) Collection of assessments from owners to defray the expenses of management of the time-share program and maintenance of the units; (8) Comprehensive general liability insurance for death, bodily injury, and property damage arising out of or in connection with the use of units by owners, their guests, and others and extended coverage casualty insurance; (9) Methods for providing compensating use periods or monetary compensation to an owner if a unit cannot be made available for the period to which the owner is entitled by schedule or by confirmed reservation; (10) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share program for failure of the owner to comply with provisions of the time-share instruments or the rules of the association with respect to the use of the units. Under these procedures, an owner must be given notice and the opportunity to refute or explain the charges against him in person or in writing to the governing body of the association before a decision to impose discipline is rendered; (11) Employment of attorneys, accountants, and other professional persons as necessary to assist in the management of the time-share program and the units; and (12) Procedures for the developer to obtain the consent of a majority of the existing owners of the time-share estates before encumbering the time-share project for the purpose of making additional improvements to the project. 44-3-168. (a) The time-share instruments for a time-share estate program may provide for a period of time, hereafter referred to as `developer control period,' during which the developer or a managing agent selected by the developer may manage the time-share program and the units in the time-share program. (b) If the time-share instruments for a time-share estate program provide for the establishment of a developer control period, they shall include provisions for the following:

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(1) Termination of the developer control period by action of the association; (2) Termination of contracts for goods and services for the time-share program or for units in the time-share program entered into during the developer control period; and (3) A regular accounting by the developer to the association as to all matters that significantly affect the interests of owners in the time-share program including, but not limited to, the current status of payments under any security deed, contracts for improvements, or other encumbrances. 44-3-169. Project instruments and time-share instruments creating time-share uses shall contain the following: (1) Identification by name of the time-share project and street address where the time-share project is situated; (2) Identification of the time periods, type of units, and the units that are in the time-share program and the length of time that the units are committed to the time-share program; and (3) In case of a time-share project, identification of which units are in the time-share program and the method whereby any other units may be added, deleted, or substituted. 44-3-170. The time-share instruments for a time-share use program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units which shall include the following: (1) Standards and procedures for upkeep, repairs, and interior furnishing of units; (2) Adoption of standards and rules of conduct governing the use and occupancy of units by owners; (3) Payment of the costs and expenses of operating the time-share program and owning and maintaining the units; (4) Selection of a managing agent to act on behalf of the developer;

Page 1265

(5) Preparation and dissemination to owners of an annual budget and of operating statements and other financial information concerning the time-share program; (6) Procedures for establishing the rights of owners to the use of units by prearrangement or under a first reserved, first served priority system; (7) Organization of a management advisory board or board of directors consisting of time-share use owners including an enumeration of rights and responsibilities of the board; (8) Procedures for imposing and collecting assessments or use fees from time-share use owners as necessary to defray costs of management of the time-share program and in providing materials and services to the units; (9) Comprehensive general liability insurance for death, bodily injury, and property damage arising out of or in connection with the use of units by time-share use owners, their guests, and others and extended coverage casualty insurance; (10) Methods for providing compensation use periods or monetary compensation to an owner if a unit cannot be made available for the period to which the owner is entitled by schedule or by a confirmed reservation; (11) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share program for failure of the owner to comply with the provisions of the time-share instruments or the rules established by the developer with respect to the use of the units. The owner shall be given notice and the opportunity to refute or explain the charges in person or in writing to the management advisory board before a decision to impose discipline is rendered; (12) Annual dissemination to all time-share use owners by the developer or by the managing agent of a list of the names and mailing addresses of all current time-share use owners in the time-share program; (13) Procedures for the developer to obtain the consent of a majority of the existing owners of the time-share uses before

Page 1266

encumbering the time-share project for the purpose of making additional improvements to the project; and (14) A definition of what shall constitute the facilities being available for use. 44-3-171. In the event time-share intervals in a time-share program have been sold in this state to a resident of this state prior to the effective date of this article, in the further event that the time-share instruments and project instruments creating such program do not provide for or contain the provisions required by Code Sections 44-3-166 through 44-3-170, and in the further event that the developer does not control a sufficient number of votes in the time-share program to amend the time-share instruments and project instruments to provide for the inclusion of the aforementioned provisions without the vote of any other time-share interval owners, then the developer shall include in the public offering statement a listing of those provisions required by the aforementioned Code sections, but not included in the instruments. Part 3 44-3-172. (a) A public offering statement must be provided to each purchaser of a time-share interval. Prospective purchasers receiving a copy of the public offering statement shall sign a statement acknowledging receipt of the public offering statement and such receipt shall be kept at the principal office of the developer for three years from the date of receipt. (1) The public offering statement must contain or fully and accurately disclose such information as the commission may require by its rules and regulations and must include: (A) The name of the developer, the principal address of the developer, the address of the time-share intervals offered in the statement, and a description of the developer's ownership interest in the time-share project; (B) The nature of the interest in the time-share interval being offered whether it involves real property ownership, leasehold interest, right to use or occupy the facility, or some other interest being offered;

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(C) A general description of the units including, without limitation, the developer's contemplated schedule of commencement and completion of all buildings, units, and amenities or, if completed, a statement that they have been completed; (D) As to all units offered by the developer in the same time-share project: (i) The types and number of units; (ii) Identification of units that are subject to time-share intervals; and (iii) The estimated number of units that may become subject to time-share intervals; (E) A brief description of the project; (F) Any current budget or a projected budget for the time-share intervals for one year after the date of the first transfer to a purchaser. The budget must include, without limitation: (i) A statement of the amount or a statement that there is no amount included in the budget as a reserve for repairs and replacement; (ii) The projected common expense liability, if any, by category of the expenditures for the time-share intervals; (iii) The projected common expense liability for all time-share intervals; and (iv) A statement of any services not reflected in the budget that the developer provides or expenses that he pays; (G) Any initial or special fee for the use of the unit or amenities due from the purchaser at closing together with a description of the purpose and method of calculating the fee;

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(H) A description of any liens, defects, or encumbrances on or affecting the title to the time-share intervals; (I) A description of any financing offered by the developer; (J) A statement of any pending actions material to the time-share intervals of which a developer has actual knowledge; (K) Any restraints on alienation of any number or portion of any time-share intervals; (L) A description of the insurance coverage or a statement that there is no insurance coverage provided for the benefit of time-share interval owners including specific statements on the amount of comprehensive general liability insurance and extended coverage casualty insurance; (M) Any current or expected fees or charges to be paid by time-share interval owners for the use of any facilities related to the property; (N) Whether financial arrangements have been provided for and with whom financial arrangements have been made for the completion of all promised improvements and the proposed date of completion; (O) The extent to which a time-share unit may become subject to a tax or other lien arising out of claims against other owners of the same unit; (P) A conspicuous statement as follows: `YOU MAY CANCEL ANY SALES AGREEMENT WHICH YOU HAVE SIGNED FOR THE PURCHASE OR LEASE OF A TIME-SHARE INTERVAL WITHIN SEVEN DAYS AFTER RECEIPT OF THIS PUBLIC OFFERING STATEMENT AND RECEIVE A REFUND. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL.'

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(Q) When a time-share use is offered, a conspicuous statement as follows: `YOU MAY CANCEL ANY SALES AGREEMENT WHICH YOU HAVE SIGNED FOR THE PURCHASE OF A TIME-SHARE USE AT ANY TIME THE FACILITY IS NOT MADE AVAILABLE FOR USE ACCORDING TO AGREED UPON TERMS. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL.' (R) A schedule for refunding any funds due the purchaser if the time-share project is not completed or if the purchaser exercises cancellation rights; (S) The name and address of the escrow agent; and (T) A conspicuous statement as follows: `ANY QUESTIONS ABOUT THE LEGAL ASPECTS OF THE PURCHASE OR LEASE OF A TIME-SHARE INTERVAL SHOULD BE REFERRED TO AN ATTORNEY.' (2) If the owners of time-share intervals are offered an opportunity to become members of or to participate in any program for the exchange of occupancy rights among themselves or with the owners of time-share intervals of other time-share projects, or both, the public offering statement or a supplement delivered therewith must fully and accurately disclose such information as the commission may require by its rules and regulations and must include: (A) The name and address of the exchange company; (B) The names of all officers, directors, and shareholders owning 5 percent or more of the outstanding stock of the exchange company; (C) Whether the exchange company or any of its officers or directors has any legal or beneficial interest in any developer or managing agent for any time-share project participating

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in the exchange program and, if so, the name and location of the time-share project and the nature of the interest; (D) Unless the exchange company is also the developer or an affiliate, a statement that the purchaser's contract with the exchange company is a contract separate and distinct from the sales agreement; (E) Whether the purchaser's participation in the exchange program is dependent upon the continued affiliation of the time-share project with the exchange program; (F) Whether the purchaser's membership or participation, or both, in the exchange program is voluntary or mandatory; (G) A complete and accurate description of the terms and conditions of the purchaser's contractual relationship with the exchange company and the procedure by which changes thereto may be made; (H) A complete and accurate description of the procedure to qualify for and effectuate exchanges; (I) A complete and accurate description of all limitations, restrictions, or priorities employed in the operation of the exchange program, including, but not limited to, limitations on exchanges based on seasonableness, unit size, or levels of occupancy, expressed in a conspicuous statement, and, in the event that such limitations, restrictions, or priorities are not uniformly applied by the exchange program, a clear description of the manner in which they are applied; (J) Whether exchanges are arranged on a spaceavailable basis and whether any guarantees of fulfillment of specific request for exchanges are made by the exchange program; (K) Whether and under what circumstances an owner, in dealing with the exchange company, may lose the use and occupancy of his time-share interval in any properly applied for exchange without his being provided with substitute accommodations by the exchange company;

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(L) The fees or range of fees for participation by owners in the exchange program, a statement whether any such fees may be altered by the exchange company, and the circumstances under which alterations may be made; (M) The name and address of the site of each time-share property, accommodation, or facility which are participating in the exchange program; (N) The number of units in each property participating in the exchange program which are available for occupancy and which qualify for participation in the exchange program, expressed within the following numerical groupings: 1-5, 6-10, 11-20, 21-50, and 51 and over; (O) The number of owners with respect to each time-share project or other property which are eligible to participate in the exchange program expressed within the following numerical groupings: 1-100, 101-249, 250-499, 500-999, and 1,000 and over, and a statement of the criteria used to determine those owners who are currently eligible to participate in the exchange program; (P) The disposition made by the exchange company of time-share intervals deposited with the exchange program by owners eligible to participate in the exchange program and not used by the exchange company in effecting exchanges; (Q) The following information, which, except as provided in subparagraph (S) of this paragraph, shall be independently audited by a certified public accountant or accounting firm in accordance with the standards of the Accounting Standards Board of the American Institute of Certified Public Accountants and included in the public offering statement for each year no later than July 1, of the succeeding year, beginning no later than July 1, 1983: (i) The number of owners eligible to participate in the exchange program. Such number shall disclose the relationship between the exchange company and owners as being either fee-paying or gratuitous in nature;

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(ii) The number of time-share properties, accommodations, or facilities eligible to participate in the exchange program categorized by those having a contractual relationship between the developer or the association and the exchange company and those having solely a contractual relationship between the exchange company and owners directly; (iii) The percentage of confirmed exchanges, which shall be the number of exchanges confirmed by the exchange company divided by the number of exchanges properly applied for, together with a complete and accurate statement of the criteria used to determine whether an exchange request was properly applied for; (iv) The number of time-share intervals for which the exchange company has an outstanding obligation to provide an exchange to an owner who relinquished a time-share interval during the year in exchange for a time-share interval in any future year; and (v) The number of exchanges confirmed by the exchange company during the year; (R) A conspicuous statement to the effect that the percentage described in division (a)(2)(Q)(iii) of this Code section is a summary of the exchange requests entered with the exchange company in the period reported and that the percentage does not indicate a purchaser's or owner's probabilities of being confirmed to any specific choice or range of choices, since availability at individual locations may vary; and (S) The information required by this paragraph shall be accurate as of a date which is not more than 30 days prior to the date on which the information is delivered to the purchaser, except that the information required by subparagraphs (B), (C), (M), (N), (O), and (Q) of this paragraph shall be provided as of December 31 of the year preceding the year in which the information is delivered, except for information delivered within the first 180 days of any calendar year which shall be provided as of December 31 of the year preceding the year in which the information is delivered. All references in this Code section to the word `year' shall mean calendar year;

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(3) A multilocation developer shall include in the public offering statement or a supplement delivered therewith such information as the commission may require by its rules and regulations and must include: (A) A complete and accurate description of the procedure to qualify for and effectuate use rights in time-share units in the multilocation plan; (B) A complete and accurate description of all limitations, restrictions, or priorities employed in the operation of the multilocation plan, including, but not limited to, a conspicuous statement of limitations on reservations, use or entitlement rights based on seasonableness, unit size, levels of occupancy or class of owner, and, in the event that such limitations, restrictions, or priorities are not uniformly applied by the multilocation plan, a clear description of the manner in which they are applied; (C) Whether use is arranged on a space-available basis and whether any guarantees of fulfillment of specific requests for use are made by the multilocation developer; (D) The name and address of the site of each time-share property included in the multilocation plan; (E) The number of time-share units in each time-share property which are available for occupancy and, with respect to each such time-share unit, the interest, such as fee ownership, leasehold, or option to purchase, which the multilocation developer has therein; a statement of all relevant terms of the multilocation developer's interest if such interest is less than fee ownership; and whether the time-share unit may be withdrawn from the multilocation plan; (F) The following information, which, except as provided in subparagraph (H) of this paragraph, shall be independently audited by a certified public accountant or accounting firm in accordance with the standards of the Accounting Standards Board of the American Institute of Certified Public Accountants and included in the public offering statement for each year on or before July 1 of the succeeding year beginning no later than July 1, 1983:

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(i) The number of owners in the multilocation plan; (ii) For each time-share property in the multilocation plan, the number of properly made requests for use of time-share units in such time-share property; and (iii) For each time-share property, the percentage of owners who properly requested use of a time-share unit in such time-share property who received the right to use a time-share unit in such time-share property; (G) A conspicuous statement to the effect that the percentages described in subparagraph (F) of this paragraph do not indicate a purchaser's or owner's probabilities of being able to use any time-share unit since availability at individual locations may vary; and (H) The information required by this paragraph shall be provided as of a date which is no more than 30 days prior to the date on which the information is delivered to the purchaser, except that the information required by subparagraphs (D), (E), and (F) of this paragraph shall be provided as of December 31 of the year preceding the year in which the information is delivered, except for information delivered within the first 180 days of any calendar year which shall be provided as of December 31 of the year preceding the year in which the information is delivered. (b) In the event an exchange company offers an exchange program directly to the purchaser or owner, the exchange company shall deliver to each purchaser or owner, prior to the execution of any contract between the purchaser or owner and the company offering the exchange program, the information set forth in paragraph (2) of subsection (a) of this Code section. The requirements of paragraph (2) of subsection (a) of this Code section shall not apply to any renewal of a contract between an owner and an exchange company. (c) Each exchange company offering an exchange program to purchasers in this state must include the statement set forth in subparagraph (a)(2)(R) of this Code section on all promotional brochures, pamphlets, advertisements, or other materials disseminated by the exchange company which also contain the percentage of

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confirmed exchanges described in division (a)(2)(Q)(iii) of this Code section. 44-3-173. (a) An exchange company whose exchange program is offered to purchasers in connection with the offer or disposition of time-share intervals in this state shall, on or before July 1 of each year, file with the commission and secretary of the association for the time-share program in which the time-share intervals are offered or disposed, the information required by paragraph (2) of Code Section 44-3-172 with respect to the preceding year. If the commission determines that any of the information supplied fails to meet the requirements of this Code section, the commission may undertake enforcement action against the exchange company in accordance with the provisions of this article. No developer shall have any liability arising out of the use, delivery, or publication by the developer of any information provided to it by the exchange company pursuant to this Code section. Except as provided in this Code section, no exchange company shall have any liability with respect to (1) any representation made by the developer relating to the exchange program or exchange company, or (2) the use, delivery, or publication by the developer of any information relating to the exchange program or exchange company. An exchange company shall only be liable for written information provided to the developer by the exchange company. The failure of the exchange company to observe the requirements of this Code section, or the use by it of any unfair or deceptive act or practice in connection with the operation of the exchange program, shall be a violation of this article. (b) A multilocation developer which offers or disposes of time-share intervals in this state shall, on or before July 1 of each year, file with the commission the information required by paragraph (3) of Code Section 44-3-172 with respect to the preceding year. If at any time the commission determines that any of the information supplied fails to meet the requirements of this Code section, the commission may undertake enforcement action against the multilocation developer in accordance with the provisions of this article. The failure of a multilocation developer to observe the requirements of this Code section, or the use by it of any unfair or deceptive act or practice in connection with the operation of the exchange program, shall be a violation of this article. 44-3-174. (a) Before transfer of a time-share interval and no later than the date of any sales agreement, the developer shall provide

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the intended transferee with a copy of the public offering statement and any amendments and supplements thereto. The sales agreement is voidable by the purchaser until he has received the public offering statement and for seven days after receipt of public offering statement. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded within 30 days after receipt of the notice of cancellation. (b) In addition to the rights of the developer provided in the sales agreement, up to seven days after the receipt by the purchaser of the public offering statement, the developer may cancel the sales agreement without penalty to either party. The developer shall return all payments made and the purchaser shall return all materials received in good condition, reasonable wear and tear excepted. If such materials are not returned, the developer may deduct the cost of the same and return the balance to the purchaser. (c) If a time-share use is being conveyed, a purchaser shall have the right to cancel the transaction at any time after the facilities are no longer available for use. (d) The rights of cancellation provided for in subsections (a), (b), and (c) of this Code section shall not be waivable by any purchaser. 44-3-175. (a) A developer of a time-share program shall: (1) Deposit with an escrow agent 100 percent of all funds which are received during the seven-day cancellation period provided for in this article. The deposit of such funds shall be evidenced by an executed escrow agreement between the escrow agent and the developer, the provisions of which shall include: (A) That its purpose is to protect the purchaser's right to a refund if he cancels the sales agreement for a time-share interval within a seven-day cancellation period; (B) That funds may be disbursed to the developer by the escrow agent from the escrow account only after expiration of the purchaser's seven-day cancellation period and in accordance with the sales agreement; and

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(C) That the escrow agent may release funds to the developer from the escrow account only after receipt of a sworn statement from the developer that no cancellation notice was received before expiration of the seven-day period; (2) Deposit with an escrow agent after the seven-day cancellation period 100 percent of all funds which are received from purchasers of time-share uses. The deposit of such funds shall be evidenced by an executed escrow agreement between the escrow agent and the developer, the provisions of which shall include: (A) That its purpose is to protect the purchaser's right to a refund, at any time the accommodations or facilities are no longer available as provided in the sales agreement entered into by the developer and the purchaser in an amount provided for in subparagraph (a)(2)(B) of this Code section; (B) That funds may be disbursed to the developer by the escrow agent from the escrow account periodically in the ratio of the amount of time the purchaser has already used or had the right to use the accommodations or facilities of the time-share use at the time of the disbursement in relation to the total time sold to the purchaser; and (C) That the escrow agent may release funds to the developer from the escrow account only after receipt of a statement signed by the purchaser indicating that such purchaser has used or has had the right to use a specific number of days out of the total time period purchased. If a purchaser refuses to sign such a statement when tendered, the developer may submit a sworn statement to the escrow agent that the purchaser used or had the right to use a specific number of days, but that the purchaser refused to sign a statement to that effect; (3) Place 100 percent of all funds received from purchasers of such time-share intervals, after the seven-day cancellation periods have ended, in an escrow account when interests in real property are being sold, according to a sales agreement which will transfer title to the purchasers. The establishment of such an escrow account shall be evidenced by an executed escrow agreement between the escrow agent and the developer, the provisions of which shall include:

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(A) That its purpose is to protect all deposits and payments made by a purchaser toward the purchase price until the deed is delivered to the purchaser, whether physically or by recording the same, or until the purchaser and developer enter into a sales agreement which will transfer title to the purchaser; and (B) That funds may be disbursed to the developer by the escrow agent from the escrow account only after title has been delivered to the purchaser physically or delivered for recording to the clerk of the superior court in the county where the real property underlying the time-share project is located or at such other time as may be agreed upon in writing by the purchaser and developer. However, in the case of a time-share estate sold by agreement for deed, funds may only be disbursed to the developer after recording of the agreement for deed and, if necessary, a notice to creditors with secured interests in the property underlying the time-share project and, if the property is encumbered by a deed to secure debt or mortgage instrument, a nondisturbance instrument has been recorded in the public records of the county or counties in which the timeshare is located; or alternatively, after the developer records a notice to the aforesaid creditors and obtains a release of lien for a time-share interval, funds may be disbursed pertaining to that time-share interval; and (4) Place any funds escrowed pursuant to this Code section with an escrow agent who shall be one of the following: an attorney in this state, a bank or savings and loan company having trust powers in this state, a title company in this state, or a real estate broker in this state. In lieu of the foregoing, with the approval of the commission, the funds may be escrowed in an account required by the jurisdiction in which the sale of the timeshare took place. The developer must notify the commission of the name and address of the escrow agent or the name, address, and account number of the bank or savings and loan company where the developer maintains the funds. Maintenance of trust funds and disbursements by an escrow agent in another state must be in accordance with the provisions of this article. The escrow agreement shall authorize the commission or its representative to examine said trust account.

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(b) An escrow agent holding funds escrowed pursuant to this Code section may invest such escrowed funds in securities of the United States government, or any agency thereof, or in savings or time deposits in institutions insured by an agency of the United States government. The right to receive the interest generated by any such investments shall be as specified by a written agreement between the developer and the purchaser. (c) Each escrow agent shall maintain separate books and records for each time-share project and shall maintain such books and records according to generally accepted accounting principles. (d) In lieu of any escrows required by this Code section, the commission shall have the discretion to accept other assurances, including, but not limited to, a surety bond or an irrevocable letter of credit in an amount equal to the escrow requirements of this Code section. Determination of default and refund of deposits shall be governed by the escrow release provision of this Code section. (e) (1) A developer may elect to terminate the use of an escrow account established pursuant to this Code section if, at a later date, such developer posts a surety bond which complies with the requirements of paragraph (2) of this subsection. Any funds remaining in such escrow account at the time a developer elects to terminate its use shall be disbursed to the developer by the escrow agent only after the developer has transmitted to the escrow agent and to each purchaser affected a copy of the surety bond. (2) A surety bond established pursuant to paragraph (1) of this subsection shall be executed by the developer as principal and with a surety company authorized to do business in this state. The surety bond shall be in an amount equal to the total amount of the sales agreement and shall be posted with the clerk of the superior court in the county where the time-share accommodations or facilities are located. The bond shall be payable to the Georgia Real Estate Commission, shall be conditioned upon the faithful compliance with the provisions of this article and with the sales agreement, and shall be used to indemnify any purchaser injured by the developer's violation of this article or failure to perform pursuant to the sales agreement. The bond may be reduced periodically in the ratio of the amount of time used by purchasers to the total time sold to purchasers.

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44-3-176. (a) If a developer enters into a sales agreement to sell a time-share interval and the construction, furnishings, and landscaping of the time-share project have not been substantially completed in accordance with the representations made by the developer in the disclosures required by this article, the developer shall deposit with an escrow agent all payments received by the developer from the purchaser towards the sales price until the project is substantially complete. Funds shall be released from escrow as follows: (1) If a purchaser properly terminates the sales agreement pursuant to its terms or pursuant to this article, the funds shall be paid to the purchaser together with any interest earned; (2) If the purchaser defaults in the performance of his obligations under the sales agreement, the funds shall be paid to the developer together with any interest earned; or (3) If the funds of a purchaser have not been previously disbursed in accordance with the provisions of this subsection, they may be disbursed to the developer in accordance with this article by the escrow agent upon substantial completion of the time-share project. (b) In lieu of any escrows required by subsection (a) of this Code section, the purchasers shall have the discretion to accept in writing other financial assurances including, but not limited to, a performance bond or an irrevocable letter of credit in an amount equal to the cost to complete the time-share project. (c) For the purpose of this Code section, `substantially completed' means that all amenities, furnishings, appliances, and structural components and mechanical systems of buildings are completed and provided as represented in the public offering statement and that the premises are ready for occupancy. 44-3-177. (a) Any time-share program registered under this article in which a public offering statement has been prepared shall not require registration under any of the following: (1) Article 1 of Chapter 3 of Title 44; (2) Chapter 5 of Title 10; or

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(3) Any other state law which requires the preparation of a public offering statement or substantially similar document for distribution to purchasers. (b) Any time-share program registered under this article that fails to restrict the price at which an owner may sell or exchange his time-share interval shall not by virtue of such failure cause the time-share interval to become a security under Chapter 5 of Title 10; nor shall an exchange program offering such a time-share interval for exchange be construed to be offering a security under Chapter 5 of Title 10. 44-3-178. (a) In lieu of the public offering statement required by this article, the commission, in its discretion, may permit the developer to give prospective purchasers a public offering statement or similar disclosure document which meets the requirements of the Federal Securities and Exchange Act of 1933 or any other state's act regulating time-share projects which requires a public offering statement or similar disclosure document to be prepared and provided to purchasers. (b) A public offering statement need not be prepared or delivered in the case of: (1) A transfer of a time-share interval by any time-share interval owner or user other than the developer or his agent; (2) A disposition pursuant to court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure; (5) A disposition of a time-share interval in a time-share project situated wholly outside this state, provided that all solicitations, negotiations, and sales agreements took place wholly outside this state and the sales agreement was executed wholly outside this state; (6) A gratuitious transfer of a time-share interval; or

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(7) Group reservations made for 15 or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations when deposits are made and held for more than three years in advance. 44-3-179. The developer shall immediately amend or supplement the public offering statement to report any material change in the information required by Code Section 44-3-172 and shall supply the commission a copy of that change within ten days. As to any exchange program, the developer shall use the current written materials that are supplied to it for distribution to the time-share interval owners as it is received. 44-3-180. (a) Unless the purchaser expressly agrees in the sales agreement to accept his interest subject to a lien or by assuming a lien prior to transferring a time-share interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interval or shall provide a surety bond or insurance against the lien, as provided for liens on real estate in this state. In lieu of the foregoing, a lienholder may agree to repurchase in the amount actually paid by the purchaser a purchaser's time-share interval in the event the lienholder comes into possession of the time-share project; or the lienholder may agree to allow the continued right of quiet enjoyment to the purchaser. (b) Unless a time-share interval owner or his predecessor in title agrees otherwise with the lienor, if a lien other than an underlying mortgage or security deed becomes effective against more than one time-share interval in a time-share project, any time-share interval owner is entitled to a release of his time-share interval from the lien upon payment of the amount of the lien attributable to his time-share interval. The amount of the payment must be proportionate to the ratio that the time-share interval owner's liability bears to the liabilities of all time-share interval owners whose interests are subject to the lien. Upon receipt of payment, the lienholder shall promptly deliver to the time-share interval owner a release of the lien covering that time-share interval. After payment, the managing entity may not assess or have a lien against that time-share interval for any portion of the expenses incurred in connection with that lien. 44-3-181. The developer shall not sell, lease, assign, or otherwise transfer the entire interest of the developer, other than as a transfer of a time-share interval in the normal course of marketing, in the

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time-share program or the accommodations or facilities to a third party when such a sale, lease, assignment, or other transfer substantially affects the rights of other owners of the time-share units, unless: (1) The third party agrees in writing to honor fully the rights of purchasers of the time-share intervals to occupy and use the accommodations or facilities or agrees in writing to purchase the interval in an amount equal to the amount actually paid by the purchaser toward the purchase price of the time-share interval; (2) The third party agrees in writing to honor fully the rights of purchasers of the time-share intervals to cancel their sales agreement and receive any refunds due; (3) The third party agrees in writing to comply with the provisions of this article for as long as the third party continues to sell the time-share project or for as long as purchasers of the time-share project are entitled to occupy the accommodations or use the facilities, whichever is longer in time; and (4) Written notice is given to the association and notice shall be sent by certified mail within 30 days of the sale, lease, assignment, or other transfer. 44-3-182. The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records and shall keep said funds in a designated trust account. All financial and other records shall be made reasonably available for examination by any time-share interval owner or his authorized agents and to the commission or its authorized agents. 44-3-183. If a developer or any other person subject to this article violates any provision of this article or any provision of the project instruments, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Punitive damages may be awarded for a willful violation of this article. The court may also award reasonable attorney's fees. 44-3-184. A judicial proceeding where the accuracy of the public offering statement or validity of any sales agreement is an issue and a rescission of the sales agreement is sought or damages are sought must be commenced within one year after the date of the sales

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agreement, notwithstanding that the purchaser's terms of payments may extend beyond the period of limitations. However, with respect to the enforcement provisions in the sales agreement which require the continued furnishing of services and the reciprocal payments to be made by the purchaser, the period of bringing a judicial proceeding will continue for a period of three years for each breach, but the parties may agree to reduce the period of limitation to not less than two years. Part 4 44-3-185. (a) It shall be unlawful for any person, directly or indirectly, to sell or offer for sale time-share intervals in this state by authorizing, using, directing, or aiding in the dissemination, publication, distribution, or circulation of any statement, advertisement, radio broadcast, or telecast concerning the time-share project in which the time-share intervals are offered, which contains any statement, or sketch which is false or misleading or contains any representation or pictorial representation of proposed improvements or non-existence scenes without clearly indicating that the improvements are proposed and the scenes do not exist. (b) Nothing in this Code section shall be construed to hold the publisher or employee of any newspaper, or any job printer, or any broadcaster or telecaster, or any magazine publisher, or any of the employees thereof, liable for any publication referred to in subsection (a) of this Code section unless the publisher, employee, or printer has actual knowledge of the falsity thereof or has an interest either as an owner or agent in the time-share project so advertised. 44-3-186. (a) All advertising materials proposed for use by any person in connection with the sale or offer for sale of time-share intervals in this state shall be filed with the commission within ten days after their use. Advertising materials include, but are not limited to, the following: (1) Promotional brochures, pamphlets, advertisements, or other materials to be disseminated to the public in connection with sale of time-share intervals; (2) Transcripts of all radio and television advertisements;

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(3) Offers of travel, accommodations, meals, or entertainment at no cost or reduced cost; (4) Direct mail solicitation; (5) Advertising including testimonials or endorsements; or (6) Scripts or standardized narrative for use in making telephone solicitations. (b) Nothing contained in this Code section shall be construed in any manner as a grant of approval by the commission or by the State of Georgia to any advertising material. 44-3-187. No advertising for the sale or offer for sale of time-share intervals shall: (1) Contain any representation as to the availability of a resale program or rental program offered by or on behalf of the developer or its affiliate unless the resale program or rental program has been made a part of the offering and submitted to the commission; (2) Contain an offer or inducement to purchase which purports to be limited as to quantity or restricted as to time unless the numerical quantity or time applicable to the offer or inducement is clearly and conspicuously disclosed; (3) Contain statements concerning the availability of time-share intervals at a particular minimum price if the number of time-share intervals available at taht price comprises less than 10 percent of the unsold inventory of the developer, unless the number of time-share intervals then for sale at the minimum price is set forth in the advertisement; (4) Contain any statement that the time-share interval being offered for sale can be further divided unless a full disclosure is included as the legal requirements for further division of the time-share interval; (5) Contain any asterisk or other reference symbol as a means of contradicting or changing the ordinary meaning of any previously made statement in the advertisement in such a manner as to mislead the public;

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(6) Misrepresent the size, nature, extent, qualities, or characteristics of the accommodations or facilities which comprise the time-share project; (7) Misrepresent the nature or extent of any services incident to the time-share project; (8) Misrepresent or imply that a facility or service is available for the exclusive use of purchasers or owners if a public right of access or of use of the facility or service exists; (9) Make any misleading or deceptive representation with respect to the registration of the time-share project, the sales agreement, the purchaser's rights, privileges, benefits, or obligations under the sales agreement or this article; (10) Misrepresent the conditions under which a purchaser or owner may participate in an exchange program; (11) Purport to have resulted through a referral unless the name of the person making the referral can be produced upon demand of the commission; (12) Describe any proposed or uncompleted private facilities over which the developer has no control or documented right of use unless the estimated date of completion is set forth and evidence has been presented to the commission that the completion and operation of the facilities are reasonably assured within the time represented in the advertisement; (13) Contain any statement that the developer plans to affiliate with an exchange program; or (14) No person shall advertise or represent that the commission has recommended the time-share project or any of the documents contained in the application for registration. 44-3-188. (a) It is unlawful for any person to offer, by mail, by telephone, or in person, a prize or gift with the intent to offer a sales presentation for a time-share project, without disclosing at the time of the offer of the prize or gift, in a clear and unequivocal manner, the intent to offer the sales presentation. The following unfair acts or practices undertaken by or omissions of any person in the operation

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of any prize or gift promotional offer made with the intent to offer a sales presentation for a time-share project are prohibited: (1) Failing clearly and conspicuously to disclose all rules, regulations, terms, and conditions of the promotional program; the exact nature and approximate retail value of the prizes when offered; the date or dates on or before which the prize or gift offer will terminate or expire; the odds of receiving any prize or gift; (2) Failing to obtain the express written consent of individuals before their names are used for a promotional purpose in connection with a mailing to a third person; (3) Failing to award and distribute at least one of each prize or gift of the value and type represented in the promotional program by the day and year specified in the promotion. When a promotion promises the award of a prescribed number of each prize, such number of prizes shall be awarded by the date and year specified in the promotion; or (4) Misrepresenting in any manner the odds of receiving any prize or gift, the rules, terms, or conditions of participation in the promotional program. (b) The provisions of this Code section are cumulative with the provisions of Code Section 16-12-36, relating to promotional contests in general. Part 5 44-3-189. In the developer's financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to any person or entity which is the holder of an underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance which is not subordinated to the time-share program and shall be made available upon reasonable request to owners of time-share intervals in the time-share program, the time-share program's association, and to the commission. The commission, in its discretion, may require the developer to submit periodic, written reports from the mortgagee, lienholder, or other creditor of the status of payments made on any underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance which is not subordinated in the time-share

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program. Any transfer of the developer's interest in the time-share program to any third person shall be subject to the obligations of the developer. 44-3-190. The developer whose project is subject to an underlying blanket lien or encumbrance shall protect nondefaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a nondisturbance clause, subordination agreements, partial release of the lien as the time-share intervals are sold, or an agreement in writing that the lienholder will purchase nondefaulting purchasers' intervals in an amount equal to the amount actually paid by the purchaser toward the purchase price of the time-share interval. Part 6 44-3-191. (a) Unless otherwise exempted by Code Section 44-3-197, a developer shall not offer or dispose of a time-share interval unless the time-share program is registered with the commission. A developer may not dispose of or transfer a time-share interval while an order revoking or suspending the registration of the time-share program is in effect. (b) It shall be unlawful for any person to act as the managing agent of a time-share program unless that person has registered with the commission. (c) It shall be unlawful for any exchange program to operate in this state or to offer its services in this state unless it has registered with the commission. (d) The commission may deny any application for registration or reprimand, suspend, or revoke the registration of a time-share program if the developer or the developer's agent or, in the case of a corporate applicant or registrant, its officers, directors, or principals: (1) Does not bear a good reputation for honesty, trustworthiness, integrity, and competence and, where the developer is a corporation or partnership, only if the stockholders or partners who have a controlling interest therein bear a good reputation for honesty, trustworthiness, and integrity; (2) Submits an incomplete application for registration required in Code Section 44-3-193 or has made a false statement of

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a material fact on the application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission; (3) Has been convicted of or had criminal penalties imposed as a result of a plea of nolo contendere to charges of any crime involving land dispositions, any crime of moral turpitude, any felony, any violations of securities laws, any fraudulent business activities, or any requirement of this article or any similar law of the United States or any other state or foreign country, or has been subject to any injunction or administrative order within the past ten years restraining a false or misleading promotional plan involving any of the activities above; (4) Has had a sanction other than a reprimand imposed against any real estate borker's associate broker's or salesperson's license he may hold; (5) Does not own the time-share project; (6) Has been involved with a time-share program whose registration has been disciplined by a regulatory agency in this state or any other state; or (7) Fails to utilize properly licensed real estate brokers as sales agents if required by Chapter 40 of Title 43. (e) The commission may deny any application for registration or reprimand, suspend, or revoke the registration of any managing agent or exchange program on the grounds provided for in paragraphs (1), (2), (3), (4), and (6) of subsection (d) of this Code section. 44-3-192. It shall be unlawful for any person to engage in the business of, act in the capacity of, advertise, or assume to act as a sales agent within this state without first obtaining a license to act as a real estate broker if required by Chapter 40 of Title 43. Any managing agent whose duties include the collection of rent, handling of trust funds, negotiation of leases, occupancy contracts, or sales agreements shall be required to be licensed as a real estate broker if required by Chapter 40 of Title 43. 44-3-193. (a) An application for registration of the time-share program must contain:

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(1) The public offering statement required by Code Section 44-3-172 of this article or a public offering statement acceptable to the commission as provided for in Code Section 44-3-178 of this article; (2) A brief description of the property; (3) Financial statements prepared in accordance with generally accepted accounting principles fully disclosing the current financial position of the developer; (4) Copies of the time-share instruments and any documents referred to therein; (5) The names of sales agents, managing agents, and exchange programs to be used with the program; (6) The name of the bank in which the escrow agent for the program maintains a separate trust account and the name or number of the account and an authorization to the commission to examine such trust account by a duly authorized representative of the commission at such reasonable time or times as the commission may with notice to the escrow agent and developer direct; (7) All advertising materials to be used in offering for sale the time-share intervals; and (8) Such other information as may be required by the commission's rules and regulations. (b) An application for registration of the managing agent must contain the name and address of the managing agent, the name of the bank in which the managing agent for the program maintains a separate trust account and the name or number of the account, and an authorization to the commission, upon notice to the escrow agent and the managing agent, to examine such trust account by a duly authorized representative of the commission at such reasonable time or times as the commission may direct, and such other information as may be required by the commission's rules and regulations. (c) The application for registration of a time-share exchange program must contain that information provided for in paragraph (2) of subsection (a) of Code Section 44-3-172 and such other information as may be required by the commission's rules and regulations.

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(d) The application provided for in subsections (a), (b), and (c) of this Code section must be accompanied by any reasonable fees established by the commission. 44-3-194. (a) Time-share projects located outside this state and offered for sale in this state and managing agents and exchange programs located outside this state and operating in this state must comply with all of the provisions of this article. (b) Out-of-state projects, managing agents, and exchange programs applying for registration in this state must comply with all of the provisions of Code Section 44-3-193 and in addition, must supply the commission with the following: (1) A statement from the state agency, if any, regulating time-share projects in the jurisdiction in which the time-share project, managing agent, or exchange program is located that the applicant has complied with the time-share registration requirements of that jurisdiction and that there have been no disciplinary actions against the applicant; and (2) A designation in writing that appoints the real estate commissioner to act as the applicant's agent, upon whom all judicial and other process or legal notices directed to such applicant may be served. Service upon the commissioner shall be equivalent to personal service upon the applicant. 44-3-195. (a) The commission shall establish reasonable fees for the registration, on-site inspection, and application investigation, if necessary, of three categories of registrants: time-share programs, managing agents, and exchange programs. Reasonable fees shall also be established for the annual renewal of time-share programs, managing agents, and exchange programs and the filing with the commission of any changes to registrations required by this article. (b) The commission is authorized to establish through its rule-making authority the amount of any fee which it is authorized by this article to charge and collect. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged and collected by the commission shall approximate the total of the direct and indirect costs to the state of the enforcement of this article. The commission shall consider the cost incurred to regulate the activities of each category of registrants in

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establishing their respective fees. The expenses of the commission must always be kept within the income collected and deposited in accordance with this article and the expense thereof shall not be supported or paid from any other state fund. No fee or portion of a fee required under this article which is paid to the commission shall be refunded. Each applicant shall be responsible for filing his own fees. 44-3-196. (a) Except as otherwise provided in this Code section, the effective date of the registration or any amendment thereto shall be the sixtieth day after the filing of a completed application and fee or such earlier date as the commission may determine, having due regard to the public interest and the protection of purchasers. If any amendment to any such registration is filed prior to the effective date, the registration shall be deemed to have been filed when such proper application and fee for amendment was filed. (b) If it appears to the commission that the application for registration or any amendment thereto is on its face incomplete or inaccurate in any material respect, the commission shall so advise the developer, managing agent, or exchange company prior to the date the registration would otherwise be effective. Such notification shall serve to suspend the effective date of the registration until the sixtieth day after the developer, managing agent, or exchange company files such additional information as the commission shall require. Upon denial of an application, the developer, managing agent, or exchange company may request a hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 44-3-197. No registration with the commission shall be required in the case of: (1) Any transfer of a time-share interval by any time-share interval owner other than the developer or his agent; (2) Any disposition pursuant to court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure;

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(5) A disposition of a time-share interval in a time-share project situated wholly outside this state, provided that all solicitations, negotiations, and sales agreements took place wholly outside this state and the sales agreement was executed wholly outside this state; (6) A gratuitious transfer of a time-share interval; or (7) Group reservations made for 15 or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations when deposits are made and held for more than three years in advance. Part 7 44-3-198. (a) The commission shall have the full power to regulate the registration of time-share programs, managing agents, and exchange programs and to revoke, suspend, or reprimand the registration of same. (b) The commission may adopt, amend, and repeal rules and regulations and issue orders consistent with and in furtherance of the objectives of this article. The commission may prescribe forms and procedures for submitting information to the commission and to prospective purchasers. (c) The commission may accept grants or funds from any governmental source and may contract with governmental agencies charged with similar functions in this or other jurisdictions in furtherance of the objectives of this article. (d) The commission may cooperate with governmental agencies performing similar functions in this and other jurisdictions to develop uniform filing procedures and forms, uniform disclosure standards, and uniform administrative practices and may develop information that may be useful in the discharge of the duties. (e) The commission shall employ such persons as are necessary to carry out the provisions of this article in accordance with its authority as set out in Code Section 43-40-4.

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(f) The commissioner shall be charged with the duties and powers as delegated by the commission. 44-3-199. (a) The commission at any time may require a developer to alter or supplement the form of or information contained in the public offering statement to assure that the public offering statement adequately and accurately discloses to prospective purchasers the material required to be disclosed by this article. (b) The public offering statement shall not be used for any promotional purposes before registration and afterwards only if it is used in its entirety. No person shall advertise or represent that the commission has approved or recommended the time-share program, the disclosure statement, or any of the documents contained in the application for registration. 44-3-200. Any developer or its agents shall keep among its business records and make reasonably available for examination to the commission or its authorized agents the following: (1) A copy of each item required to be submitted to the commission on the application for registration as provided in Code Section 44-3-193; (2) A copy of the sales agreement from each sale of a time-share interval in the time-share project, which sales agreement shall be retained for a period of at least three years after parties to the sale have completely performed all of their obligations thereunder; and (3) A list of all employees or independent contractors, including their last known mailing address, which list shall include all current and previous employees or independent contractors whose employment or contract has been terminated within the preceding three years. 44-3-201. (a) The commission may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any developer, sales agent, managing agent, or exchange program. Any person authorized to conduct an investigation on behalf of the commission shall have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the commission. In the conduct

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of an authorized investigation, the commissioner or the chairman of the commission may issue subpoenas to compel production of such writings, documents, or material either on behalf of the commission or, after the service of a notice of hearing, at the request of a respondent. The commission or the respondent may apply to the superior court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with such an order shall be punishable as for contempt of court. (b) The results of all investigations shall be reported only to the commission or to the commissioner and the records of such investigations shall be kept by the commission and no part of any investigative record shall be released for any purpose other than a hearing before the commission or its designated hearing officer, a review by the respondent or his legal counsel after the service of a notice of hearing, a review by the commission's legal counsel, a review by another governmental agency which regulates time-share programs, or an appeal of a decision by the commission to a court of competent jurisdiction. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent. (c) After holding a hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the commission may reprimand, suspend, or revoke the registration of any time-share program, managing agent, or exchange program if the developer or the developer's agent has been found guilty of, if the managing agent has been found guilty of, or if the exchange program has been found guilty of a violation of any of the provisions of this article, or any of the following unfair trade practices: (1) Making any false or misleading representation in any document or information filed with the commission; (2) Engaging in or has engaged in any unlawful act or practice prohibited by this article; (3) Disseminating or causing to be disseminated orally or in writing any false or misleading promotional materials in connection with a time-share program; (4) Concealing, diverting, or disposing of any funds or assets of any person in a manner impairing rights of purchasers of time-share intervals in the time-share program;

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(5) Making a substantial misrepresentation to a purchaser or prospective purchaser; (6) Failing to perform any stipulation or agreement made to induce the commission to issue an order relating to that time-share program; (7) Violating any order of the commission; (8) Employing or contracting with a person to sell time-share intervals whose real estate broker's, associate broker's, or salesperson's license has been suspended or revoked by the commission; (9) Advertising that the development plans to affiliate with an exchange program; (10) Continuing to sell time-share intervals after becoming more than three months in arrears in making payments on any encumbrance against the time-share project; (11) Having been involved with a time-share program whose registration has been disciplined by a regulatory agency of this state or any other state; or (12) Having been convicted of any crime involving land dispositions, any crimes of moral turpitude, any violations of securities law, any fraudulent business activities, or any requirement of this article or any similar law of the United States or any other state or foreign country, or has been subject to any injunction or administrative order restraining a false or misleading promotional plan involving any of the activities above. (d) The commission may issue a cease and desist order if a developer has failed to register a time-share program or if a managing agent or exchange program have failed to register as required by this article. 44-3-202. Any person subject to the provisions of this article who violates any of the provisions of this article shall be guilty of a misdemeanor. The commission may apply to any court of competent jurisdiction for imposition of a monetary penalty or imprisonment for any violations of this article.

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44-3-203. Any developer or any person subject to this article who offers or disposes of a time-share interval without having complied with this article or who violates any provisions of this article shall be guilty of a misdemeanor. 44-3-204. (a) This article shall be the sole law of the state under which the sale of time-share intervals for which registration is required shall be regulated. Without limiting the generality of the foregoing, no registration or qualification shall be required under any of the following as a condition to the offer for sale of time-share intervals registered with the commission: (1) Chapter 5 of Title 10; provided, however, that Code Section 10-5-12 shall apply if the time-share program has not been registered with the commission as required by this article; (2) Articles 1 and 2 of this chapter; or (3) Any other provision of law which, but for the existence of this article, requires registration with this agency or another state agency as a condition to the sale or offer for sale of time-share intervals. (b) 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, nor shall anything in this article be deemed to abrogate the private right of action under said part. 44-3-205. The provisions of this article shall apply to any time-share program located in this state or outside this state when offered for sale in this state created or commenced after the effective date of this article and 180 days after its effective date as to any time-share program heretofore created or commenced. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983.

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FAIR BUSINESS PRACTICES ACT OF 1975 AMENDED. Code Section 10-1-393 Amended. No. 509 (House Bill No. 545). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Fair Business Practices Act of 1975, so as to include as an unlawful practice the failure of a hospital or long-term care facility to provide itemized statements of charges under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Fair Business Practices Act of 1975, is amended by adding a semicolon outside the quotation marks at the end of subparagraph (b)(13)(C) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, and by adding a new paragraph (14) to said subsection to read as follows: (14) Failure of a hospital or long-term care facility to deliver to an inpatient who has been discharged or to his legal representative, not later than six business days after the date of such discharge, an itemized statement of all charges for which the patient or third-party payor is being billed. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983.

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CORPORATIONSNUMBER OF DIRECTORS REQUIRED. Code Section 14-2-141 Amended. No. 510 (House Bill No. 188). AN ACT To amend Code Section 14-2-141 of the Official Code of Georgia Annotated, relating to the number of directors of a corporation, so as to change the number of directors required for a corporation; to provide for fixing the number of directors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 14-2-141 of the Official Code of Georgia Annotated, relating to the number of directors of a corporation, is amended by striking subsection (a), which reads as follows: (a) The number of directors of a corporation shall not be less than three, except that if all the shares of a corporation are owned beneficially and of record by less than three shareholders, the number of directors may be less than three but not less than the number of shareholders. Subject to such limitation, the number of directors shall be fixed by the bylaws, except as to the number constituting the initial board of directors, which number shall be fixed by the articles of incorporation. The bylaws may authorize the number of directors to vary between a specified maximum and minimum number, and in such case the exact number within such maximum and minimum shall be fixed by resolution of the shareholders from time to time., in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board of directors of a corporation shall consist of one or more members but if the board of directors consists of only one member, then at least fifty-one percent of the stock of the corporation must be held by one person. The number of directors shall be fixed by the bylaws, except as to the number constituting the initial board of directors, which number shall be fixed by the articles of incorporation.

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The bylaws may authorize the number of directors to vary between a specified maximum and minimum number, and in such case the exact number within such maximum and minimum shall be fixed by resolution of the shareholders from time to time. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. MOTOR VEHICLESAFFIXING MATERIAL TO WINDSHIELD OR FRONT DOOR WINDOWS WHICH OBSTRUCTS VISION INTO VEHICLE PROHIBITEDEXCEPTIONS. Code Section 40-8-73.1 Enacted. No. 511 (Senate Bill No. 2). AN ACT To amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of vehicles, so as to provide that it shall be unlawful to affix material to the front windshield or right or left front door windows of a motor vehicle which will obstruct vision into the vehicle; to make it unlawful to operate a motor vehicle which has material affixed to the front windshield or right or left front door windows of the vehicle which obstructs vision into the vehicle; to provide for exceptions; to provide penalties for violations; 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 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of vehicles, is

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amended by adding between Code Sections 40-8-73 and 40-8-74 a new Code section, to be designated Code Section 40-8-73.1, to read as follows: 40-8-73.1. (a) It shall be unlawful for any resident person, firm, or corporation to affix any material to the front windshield or right or left front door windows of a motor vehicle which will obstruct vision into the vehicle. (b) It shall be unlawful for any resident person to operate a motor vehicle in this state which has material affixed to the front windshield or right or left front door windows of the vehicle which obstructs vision into the vehicle. (c) (1) The provisions of this Code section shall not apply to: (A) Motor common carriers or motor contract carriers regulated by the Public Service Commission pursuant to Title 46; (B) Ambulances or other medical service vehicles licensed by the Department of Human Resources pursuant to Title 31; (C) Funeral coaches or hearses, provided they are operated by or pursuant to the authorization of a person licensed under Chapter 18 of Title 43; and (D) Motor vehicles participating in organized parades when the driver or the parade manager has been issued a parade permit by the State of Georgia or by any political subdivision of the state. (E) Licensed limousines for hire being regulated by the Public Service Commission or a political subdivision of this State. (2) The provisions of this Code section shall not apply to the manufacturer's tinting of windshields or windows of motor vehicles or to certificates or identification decals or other papers required by law to be displayed on such windshields or windows.

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(3) The provisions of this Code section shall not apply to transparent sun-screening material installed, affixed, or applied to the topmost portion of the front windshield or right or left front door windows if: (A) The bottom edge of the material on the front windshield is at least 29 inches above the undepressed driver's seat when measured from a point five inches in front of the bottom of the backrest with the driver's seat in its rearmost and lowermost position with the vehicle on a level surface; (B) The material is not red or amber in color; (C) There is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield or windows; and (D) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles to any greater extent than the windshield or window without the material. (d) Any resident person, firm, or corporation violating the provisions of subsections (a) and (b) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed 12 months, or both. 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 March 29, 1983.

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INDEMNIFICATION OF LAW ENFORCEMENT OFFICERS, FIREMEN, ETC.DEFINITION OF FIREMAN CHANGED. Code Section 45-9-81 Amended. No. 512 (House Bill No. 153). AN ACT To amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions with respect to the indemnification of law enforcement officers, firemen, and prison guards, so as to change the definition of the term fireman; 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 45-9-81 of the Official Code of Georgia Annotated, relating to definitions with respect to the indemnification of law enforcement officers, firemen, and prison guards, is amended by striking paragraph (2) in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) (A) `Fireman' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires. (B) `Fireman' shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department. (C) `Fireman' shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such

Page 1304

individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal or county fire prevention codes, as well as enforcing any municipal or county ordinances pertaining to the prevention and control of fires. 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 repealed. Approved March 29, 1983. PERSONAL JURISDICTION OVER NONRESIDENTS IN CERTAIN DOMESTIC RELATIONS CASES. Code Section 9-10-91 Amended. No. 513 (Senate Bill No. 239). AN ACT To amend Code Section 9-10-91 of the Official Code of Georgia Annotated, relating to grounds for exercise of personal jurisdiction over nonresidents, so as to provide for personal jurisdiction over nonresidents in certain domestic relations cases; 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 9-10-91 of the Official Code of Georgia Annotated, relating to grounds for exercise of personal jurisdiction over nonresidents, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 9-10-91 to read as follows:

Page 1305

9-10-91. A court of this state may exercise personal jurisdiction over any nonresident or his executor or administrator, as to a cause of action arising from any of the acts, omissions, ownership, use, or possession enumerated in this Code section, in the same manner as if he were a resident of the state, if in person or through an agent, he: (1) Transacts any business within this state; (2) Commits a tortious act or omission within this state, except as to a cause of action for defamation of character arising from the act; (3) Commits a tortious injury in this state caused by an act or omission outside this state if the tort-feasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this state; (4) Owns, uses, or possesses any real property situated within this state; or (5) With respect to proceedings for alimony, child support, or division of property in connection with an action for divorce or with respect to an independent action for support of dependents, maintains a matrimonial domicile in this state at the time of the commencement of this action or, if the defendant resided in this state preceding the commencement of the action, whether cohabiting during that time or not. This paragraph shall not change the residency requirement for filing an action for divorce. 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 repealed. Approved March 29, 1983.

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SUPERIOR COURT CLERKSTRAINING REQUIRED. Code Section 15-6-50 Amended. No. 514 (House Bill No. 436). AN ACT To amend Code Section 15-6-50 of the Official Code of Georgia Annotated, relating to term of office and qualifications of clerks of the superior courts, so as to change the provisions relating to additional annual training for clerks; to require additional annual training for clerks in order to receive credit for that year of service in determining eligibility for retirement under the Superior Court Clerks' Retirement Fund of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 15-6-50 of the Official Code of Georgia Annotated, relating to term of office and qualifications of clerks of the superior courts, is amended by striking in its entirety paragraph (3) of subsection (c) and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Effective July 1, 1983, after the initial year of training as required in paragraph (1) of this subsection, each clerk of the superior court shall complete 20 hours of additional training per annum during each year in which he serves as a clerk of the superior court and shall file a certificate of additional training issued by the Institute of Continuing Judicial Education of Georgia with the judge of the probate court in his county. For each year the training requirements of this paragraph are not completed and the certificate is not placed on file, the clerk of the superior court will not receive credit for that year of service for determining eligibility for retirement under the Superior Court Clerks' Retirement Fund of Georgia; provided, however, that, if a clerk fails to take the required training in any given year, he may, upon written notice to the Superior Court Clerks Training Council, make up such deficiency in the next succeeding year and file the appropriate certificate of additional training with the judge of the probate court.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. HOSPITALS REQUIRED TO PROVIDE INFORMATION REGARDING CHARGES, ETC. Code Section 31-7-11 Enacted. No. 515 (House Bill No. 544). AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that hospitals be required to provide certain information regarding charges; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding a new Code Section 31-7-11 at the end thereof to read as follows: 31-7-11. (a) Any hospital shall, upon request, provide a written summary of certain hospital and related services charges, including but not limited to: (1) The average total charges per patient day for the facility's previous fiscal year;

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(2) The daily rate for a room in said hospital, which rate shall include an explanation of the categories of services included in said charge; (3) Anesthesia charges, with an explanation of the categories of services included in this charge; (4) Operating room charges; (5) Recovery room charges; (6) Intravenous administration charges; (7) Emergency room charges, with an explanation of the categories of services included in the charge; (8) The charge for the patient care kit or admission kit or other such items furnished to the patient on admission; (9) Charges for specific routine tests, including but not limited to a complete blood count, urinalysis, and chest X-ray; and (10) Charges for specific special tests, including but not limited to electrocardiogram, electroencephalogram, CAT scan of the head, CAT scan of liver, CAT scan of lungs, CAT scan of skeletal system, spirometry, and complete pulmonary function. Such written summary of charges shall be composed in a simple clear fashion so as to enable consumers to compare hospital charges and make cost-effective decisions in the purchase of hospital services. (b) The department shall adopt rules and regulations to implement the provisions of this Code section and shall implement such regulations as provided in Code Section 31-7-4. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983.

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PROVISION REGARDING HUSBAND AS HEAD OF HOUSEHOLD ABOLISHED. Code Section 19-3-8 Amended. No. 516 (House Bill No. 236). AN ACT To amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding marriage, so as to delete certain provisions regarding the husband being the head of the family and the wife being subject to him and merging her legal civil existence in the husband; to continue interspousal tort immunity; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding marriage, is amended by striking in its entirety Code Section 19-3-8, which reads as follows: 19-3-8. The husband is the head of the family and the wife is subject to him; her legal civil existence is merged in the husband, except insofar as the law recognizes her separately, for her own protection, for her benefit, or for the preservation of public order., and inserting in its place a new Code Section 19-3-8 to read as follows: 19-3-8. Interspousal tort immunity, as it existed immediately prior to the effective date of this Code section, shall continue to exist on and after the effective date of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983.

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GEORGIA FIREMEN'S PENSION FUNDCERTAIN TERMS REDEFINEDCREDITABLE SERVICE, ETC. Code Title 47, Chapter 7 Amended. No. 517 (House Bill No. 196). AN ACT To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to redefine certain terms, including the terms fireman and volunteer fireman as such terms are used to define eligibility; to provide that service shall not be creditable unless rendered while serving as a fireman or volunteer fireman; to provide for eligibility for future benefits in the event of a return to service of a disability or retirement benefits recipient; to provide that disability benefits shall not be payable with respect to any preexisting condition; to provide for limitations on the assertion of stale claims; to provide that a representative of the board shall have the power to examine certain records; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, is amended by striking from Code Section 47-7-1, relating to definitions, paragraphs (2), (3), and (4), which read as follows: (2) `Firemen' means all persons who are employed by a fulltime fire department of this state or any municipality or other political subdivision thereof, which fire department is rated class one through class eight, inclusive, by the Insurance Services Office, or its successor, and which fire department is financed by public subscription and is not privately owned, on a full-time basis as permanent employees of such department, which department must own fire apparatus and equipment of the value of $5,000.00 or more. (3) `Fund' means the Georgia Firemen's Pension Fund.

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(4) `Volunteer firemen' means all individuals (A) who are appointed and regularly enrolled in any volunteer fire department or part-paid and part-volunteer fire department of this state or any political subdivision or municipality thereof, or a paid, part-paid, or volunteer fire department that is financed by public subscription and is not privately owned, which holds drills and meetings of not less than eight hours monthly, which owns fire apparatus and equipment of the value of $5,000.00 or more, and which is recognized by the Insurance Services Office, or its successor, as class one through class eight, inclusive, and (B) who attend, during each year of creditable service, a percentage of all drills, meetings, and fires, as prescribed by the board. The board is authorized to prescribe the annual percentage of attendance at drills, meetings, and fires necessary for volunteer firemen to receive credit for service toward retirement benefits. In no case shall the percentage be set at less than 50 percent of all drills, meetings, and fires in any calendar year., in their entirety and substituting in lieu thereof new paragraphs (2), (3), (4), (5), and (6) to read as follows: (2) `Fireman' means a person who is a full-time employee of a full-time fire department or a volunteer fire department and who in the course of his employment by and within a full-time fire department or a volunteer fire department either: (A) is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and principally performs the duties of a firefighter as such term is now defined by paragraph (3) of Code Section 25-4-2; or (B) principally performs support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the State of Georgia, including, by way of illustration, administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel. The board may require such evidence of an applicant's or member's full-time employment as a fireman, as defined by this paragraph, by a full-time or volunteer fire department as it deems appropriate, including certification of the roster of the department by the chief of such department. (3) `Full-time fire department' means a full-time fire department, separately organized and administered as such, of this state or

Page 1312

any municipality or other political subdivision thereof, which: (A) is rated class one through class eight, inclusive, by the Insurance Services Office, or its successor; (B) is financed by public appropriation or subscription and is not privately owned; and (C) owns fire apparatus and equipment having a value of $5,000.00 or more. (4) `Fund' means the Georgia Firemen's Pension Fund. (5) `Volunteer fire department' means a volunteer fire department or part-paid and part-volunteer fire department, separately organized and administered as such, of this state or any municipality or other political subdivision thereof or a paid, part-paid, or volunteer fire department, separately organized and administered as such, which in either case: (A) is financed by public appropriation or subscription and is not privately owned; (B) is rated class one through class eight, inclusive, by the Insurance Services Office, or its successor; (C) holds drills and meetings of not less than eight hours monthly; and (D) owns fire apparatus and equipment having a value of $5,000.00 or more. (6) `Volunteer fireman' means an individual who is appointed and regularly enrolled in any volunteer fire department; who attends, during each year of creditable service, at least the percentage which the board shall determine prior to the beginning of each year of all drills and meetings of such department and fires to which such department responds; and who, as a volunteer fireman, has the principal responsibility of preventing or suppressing fires, protecting life and property, and enforcing municipal, county, and state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires. The board is authorized to prescribe the annual percentage of attendance at drills, meetings, and fires necessary for volunteer firemen to receive credit for service toward retirement and other benefits under this chapter. In no case shall the percentage be set by the board at less than 50 percent of all drills, meetings and fires in any calendar year. Section 2 . Said chapter is further amended by adding at the end of Article 5, relating to service creditable toward retirement, a new Code Section 47-7-82 to read as follows: 47-7-82. No person otherwise properly admitted to the fund prior to May 1, 1983, shall be excluded from continuing membership therein solely because his employment by a fire department is not in

Page 1313

the capacity of a fireman or volunteer fireman, but no credit shall be given for service rendered after April 1, 1983, by any member of the fund, whether admitted before or after that date, unless such service is rendered as a fireman or volunteer fireman and no benefits payable by the terms of this chapter to a fireman or volunteer fireman shall be payable to any member unless such member is serving as a fireman or volunteer fireman at the time such benefits are earned or become payable, except as otherwise provided in Code Section 47-7-43. For any period during which any member provides service which is not creditable, the member shall be deemed to be on leave of absence from the fund. Section 3 . Said chapter is further amended by adding at the end of Code Section 47-7-101, relating to eligibility for retirement benefits, a new subsection (c) to read as follows: (c) Any person who again becomes a paid employee of a fire department or of a volunteer fire department after having been placed on retirement or disability under Code Section 47-7-100 or 47-7-102 shall immediately notify the secretary-treasurer of such reemployment. Retirement benefits being paid to such person shall be suspended as of the date of such reemployment and shall remain suspended until such reemployment terminates at which time the payment of retirement benefits shall be resumed in the amount to which the person was eligible at the time of his reemployment. Disability benefits being paid to any such person shall be terminated as of the date of such reemployment. Within six months of the commencement of reemployment, any such person, who at the time of his application otherwise meets the requirements for membership, may by application in the manner provided by this chapter become a member of the fund. Creditable service obtained by such applicant prior to the commencement of his prior retirement or disability shall be used in determining whether the applicant satisfies the age requirements of subsection (a) of Code Section 47-7-40. In the event the application is granted, such member, upon meeting the requirements provided by law, shall be entitled to all benefits provided for in Code Sections 47-7-100 and 47-7-102, but the amount of monthly retirement or disability benefit payable to such member thereunder shall not exceed the amount of the monthly benefit which would be payable to such member had such subsequent retirement or disability become effective at the time of the member's prior retirement or disability, unless after such reemployment he shall have acquired not less than seven years' creditable service as a member of the fund.

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Section 4 . Said chapter is further amended by striking paragraphs (4) and (5) of subsection (d) of Code Section 47-7-102, relating to disability benefits and disqualification therefor, in their entirety and substituting in lieu thereof new paragraphs (4), (5), and (6) to read as follows: (4) Mental or psychological causes; (5) Injury sustained by the member while serving on active duty in the armed forces or while on active duty in the National Guard or other armed forces reserve unit; or (6) An illness, disease, or physical injury or abnormality existing or suffered prior to current membership in the fund or the aggravation of such preexisting illness, disease, or physical injury or abnormality. Section 5 . Said chapter is further amended by adding at the end thereof new Code Sections 47-7-124 and 47-7-125 to read as follows: 47-7-124. (a) No claim shall be made against the fund for benefits or the return of contributions after the lapse of seven years from the date on which the secretary-treasurer of the fund shall have mailed by first-class mail to the last known address of the fireman or volunteer fireman or other person eligible therefor, as such address is reflected by the records of the fund, a written notice that the fireman or volunteer fireman or other eligible person is or may be eligible for such benefits or return of contributions; and, in the event any claim for benefits or the return of contributions is barred in accordance with this subsection, the amounts thereof shall be the property of the Georgia Firemen's Pension Fund. The bar period prescribed by this subsection shall not begin to run with respect to a fireman or volunteer fireman on leave of absence who has elected to leave his contributions in the fund until the failure of the fireman or volunteer fireman to provide written confirmation of his election to remain on leave of absence within 60 days of a not more frequent than biennial request for such confirmation mailed to the last known address of such fireman or volunteer fireman, as such address is reflected by the records of the fund. (b) No action shall be brought contesting any determination of the board with respect to eligibility for membership or continued membership in the fund, creditable service, eligibility for retirement

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or disability benefits, the amount of retirement or disability benefits payable, or the termination or suspension of retirement or disability benefits after the expiration of 60 days from the date on which written notice of the final determination of the board is mailed by first-class mail to the last known address of the fireman or volunteer fireman or of the designated representative thereof, as such address is reflected on the records of the fund; and no court shall have jurisdiction of any action brought after the expiration of such period. The written notice provided for in this subsection shall contain notice of the limitation established by this subsection. 47-7-125. Upon request, an authorized representative of the board shall have the power to inspect and copy or make extracts from the records of any fire department or volunteer fire department concerning any member of the fund or applicant for membership. It shall be the duty of the custodian of such records for the fire department or volunteer fire department to make such records available to an authorized representative of the board at the location at which such records are normally kept. Information so obtained by the board shall not be disclosed by the board except in connection with a matter involving the member or applicant for membership to whom the records relate. Section 6 . This Act shall become effective on April 1, 1983. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983.

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INTEREST AND USURYCLASS ACTIONS TO ASSERT VIOLATIONS WHERE LOANS SECURED BY REAL ESTATE PROHIBITED. Code Section 7-4-21 Enacted. No. 518 (Senate Bill No. 283). AN ACT To amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to provide that a claim of violation on any loan secured by an interest in real estate may be asserted in an individual action only and may not be the subject of a class action; 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 7 of the Official Code of Georgia Annotated, relating to interest and usury, is amended by adding a new Code Section 7-4-21 immediately following Code Section 7-4-20 to read as follows: 7-4-21. A claim of violation on any loan secured by an interest in real estate may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provisions of law. Nothing contained in this Act shall be construed to affect any class action which was pending in any court of this state, including any United States courts, on February 15, 1983, as to the parties to and subject matter then before such court. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983.

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HOSPITAL AUTHORITIESCONFLICT OF INTEREST POLICY ESTABLISHED. GEORGIA HOSPICE LAW ENACTED. Code Title 31, Chapter 7 Amended. No. 519 (House Bill No. 10). AN ACT To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care agencies, so as to establish a conflict of interest policy for members of such authorities; to specify conditions under which such authorities may deal with one of their members or an organization or person with which a member is in any way interested or involved; to provide that no member who is present at any meeting or who participates in any decision of such 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 a program of care for terminally ill persons; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for administration; to provide certain requirements for a hospice program; 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 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care agencies, is amended by striking Code Section 31-7-74, relating to the residence and compensation of members of hospital authorities, in its entirety and substituting in lieu thereof a new Code Section 31-7-74 to read as follows: 31-7-74. (a) The members of a hospital authority shall be residents of the participating units comprising the authority. The requirement of residence shall not apply to authorities activated under subsection (d) of Code Section 31-7-72, provided they are selected from within the area of service and within 12 miles of the hospital location or within 12 miles of the sponsoring county or

Page 1318

municipality, whichever is farther. The members shall elect one of their number as chairman and another as vice-chairman and shall also elect a secretary-treasurer, who need not be a member. The members shall receive no compensation for their services, either as members or as employees of the authority but may be reimbursed for their actual expenses incurred in the performance of their duties. The authority shall make rules and regulations for its governance and may delegate to one or more of its members, officers, agents, or employees such powers and duties as may be deemed necessary and proper. (b) The provisions of Code Section 45-10-23 and any other Code section shall be deemed to have been complied with and an authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any member or any organization or person with which any member of an authority is in any way interested or involved, provided that: (1) Any interest or involvement by such member is disclosed in advance to the authority and is recorded in the minutes of the authority; (2) No member 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 member 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 Code section, a `substantial interest' shall mean any interest which reasonably may be expected to result in a direct financial benefit to such member as determined by the authority, which determination shall be final and not subject to review. (c) Nothing contained in this article shall be deemed to prohibit any member 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 2 . Said chapter is further amended by adding at the end thereof a new Article 8 to read as follows:

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ARTICLE 8 31-7-170. This article shall be known and may be cited as the `Georgia Hospice Law.' 31-7-171. (a) The General Assembly finds that there is an interest in and need for hospice care, an alternative form of health care, for terminally ill patients and their families. The General Assembly further finds that hospice care is an important innovation which should be recognized and encouraged. (b) Recognizing that hospice programs respond to the need for responsible, compassionate, palliative care for terminally ill persons and for their families, extending into the bereavement period, this General Assembly establishes definitions, standards, and provisions for licensure and regulation for hospice programs in this state. 31-7-172. As used in this article, the term: (1) `Bereavement services' means the supportive services provided to the family unit to assist it in coping with the patient's death, including follow-up assessment and assistance through the first year after death. (2) `Department' means the Department of Human Resources. (3) `Hospice' means a public agency or private organization or unit of either providing to persons terminally ill and to their families, regardless of ability to pay, a centrally administered and autonomous continuum of palliative and supportive care, directed and coordinated by the hospice care team primarily in the patient's home but also on an outpatient and short-term inpatient basis and which is classified as hospice by the department. (4) `Hospice care' means both regularly scheduled care and care available on a 24 hour on-call basis, consisting of medical, nursing, social, spiritual, volunteer, and bereavement services substantially all of which are provided to the patient and to the patient's family regardless of ability to pay under a written care plan established and periodically reviewed by the patient's attending physician, by the medical director of the hospice program, and by the hospice care team.

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(5) `Hospice care team' means an interdisciplinary working unit composed of members of the various helping professions (who may donate their professional services), including but not limited to: a physician licensed or authorized to practice in this state, a registered professional nurse, a social worker, a member of the clergy or other counselor, and volunteers who provide hospice care. (6) `Hospice patient family unit' means the terminally ill person and his or her family, which may include spouse, children, siblings, parents, and other relatives with significant personal ties to the patient. (7) `License' means a license issued by the department. (8) `Palliative care' means those interventions by the hospice care team which are intended to achieve relief from, reduction of, or elimination of pain and of other physical, emotional, social, or spiritual symptoms of distress. (9) `Patient' means a terminally ill individual receiving the hospice continuum of services, regardless of ability to pay. (10) `Terminally ill' means that the individual is experiencing an illness for which therapeutic intervention directed toward cure of the disease is no longer appropriate, and the patient's medical prognosis is one in which there is a life expectancy of six months or less. 31-7-173. No person, private or public organization, political subdivision, or other governmental agency may operate a hospice as defined in Code Section 31-7-172 without first obtaining license from the department. A license issued under this article is not assignable or transferable and must be separate from any existing license and is subject to suspension or revocation at any time for failure to comply with the provisions of this article or with the appropriate regulations promulgated by the department. 31-7-174. Any person, organization, or agency desiring to operate a hospice shall file with the department an application on a form prescribed and furnished by the department. The application shall contain such reasonable information as the department may require related to the department's licensure purpose and function.

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31-7-175. (a) The administration of this article is vested in the Department of Human Resources which shall: (1) Prepare and furnish all forms necessary under the provisions of this article in relation to the application for licensure or renewals thereof; (2) After consultation with appropriate public interest groups, adopt rules within the standards of this article necessary to effect the purposes of this article; and (3) Establish rules and regulations for the licensure of hospices. (b) Rules promulgated by the department shall include but not be limited to the following: (1) The qualifications of professional and ancillary personnel in order to furnish adequate hospice care; (2) Standards for the organization and quality of patient care; (3) Procedures for maintaining records; (4) Standards for inpatient facilities, to include specifications that the hospice retain primary responsibility for the coordination of inpatient hospice care; (5) Provision for contractual arrangements for professional and ancillary hospice services; and (6) Provisions for the imposition of administrative fines for any violations of any provisions of this article or of department rules or regulations. (c) The department is directed to have in place regulations by March 1, 1984. 31-7-176. (a) The hospice care program shall coordinate its services with those of the patient's primary or attending physicians, and may contract out for elements of services rendered to the patient and family unit, but not for the basic hospice care services, provided

Page 1322

by physicians, attending nurses, and counselors. The hospice care team shall be responsible for coordination of inpatient, outpatient, and home care aspects of care. (b) Hospice services must meet all applicable definitions provided for in Code Section 31-7-172. (c) A hospice program of care shall not impose the dictates of any value or belief system on its patients and their family units. 31-7-177. Since hospice care is primarily provided at home, licensure shall not be determined solely on the number of inpatient beds needed for service. Inpatient beds under contract to a hospice program may be used by the hospice when needed but may remain otherwise available to the inpatient unit at other times without a change in licensing. 31-7-178. The department shall periodically inspect each hospice for which a license has been issued to ensure that the licensee is providing quality care to its patients; provided, however, that a hospice shall be exempt from additional on-site licensure inspection if certified in accordance with federal regulations governing hospice. 31-7-179. Where a hospice has obtained a license from the department, there shall be no requirement that the hospice obtain a certificate of need in order to provide any hospice care. 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, 1983.

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HOSPITALS AND RELATED INSTITUTIONSEMERGENCY RELOCATION OF PATIENTS OR RESIDENTS, ETC. Code Title 31, Chapter 7 Amended. No. 520 (Senate Bill No. 190). AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide for emergency orders to relocate institutional patients or residents, to place monitors in institutions, and to prohibit admissions to institutions; to provide for procedures and costs; to provide for the cumulative nature of emergency orders; to provide for the inspection of personal care facilities and fees therefor; to provide a definition; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, is amended by adding following Code Section 31-7-2.1 a new Code Section 31-7-2.2 to read as follows: 31-7-2.2 (a) (1) The commissioner may order the emergency relocation of patients or residents from an institution subject to licensure under this chapter when the commissioner has determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for: (A) Notice to the patient or resident, his next of kin or guardian, and his physician of the emergency relocation and the reasons therefor;

Page 1324

(B) Relocation to the nearest appropriate institution; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b) (1) The commissioner may order the emergency placement of a monitor in an institution subject to licensure under this chapter when one or more of the following conditions are present: (A) The institution is operating without a permit; (B) The department has denied application for a permit or has initiated action to revoke the existing permit of the institution; (C) The institution is closing or plans to close and adequate arrangements for relocation of the patients or residents have not been made at least 30 days before the date of closure; or (D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the institution. (2) A monitor may be placed, pursuant to this subsection, in an institution for no more than ten days, during which time the monitor shall observe conditions and institutional compliance with any recommended remedial action of the department. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the institution, nor shall the monitor be liable for any actions of the institution. The costs of placing a monitor in an institution shall be paid by the institution unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state. (c) (1) The commissioner may order the emergency prohibition of admissions to an institution subject to licensure under this chapter when an institution has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation:

Page 1325

(A) Could jeopardize the health and safety of the residents or patients in the institution if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to an institution may be suspended until the violation has been corrected or until the department has determined that the institution has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any institution affected by an emergency order. If at the preliminary hearing the order is determined by the department to be invalid, that order shall thereupon become void and of no effect. If at the preliminary hearing the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section are cumulative of all other powers of the department, board, and commissioner. Section 1.1 . Said article is further amended by adding at the end thereof a new Code Section 31-7-11 to read as follows: 31-7-11. (a) As used in this Code section, the term `personal care home' means a facility as defined in rules of the Department of Human Resources, Chapter 290-5-35, as such rules exist on the effective date of this Code section. (b) The department may designate county boards of health to act as agents to assist the department in inspecting personal care homes licensed under this chapter. With approval of the department,

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county boards of health may establish inspection fees to defray part of the costs of inspections performed for the department. 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 repealed. Approved March 29, 1983. PUBLIC OFFICIALS AND EMPLOYEESCONFLICT OF INTERESTCERTAIN CONDUCT PROHIBITED. Code Title 45, Chapter 10 Amended. Code Section 16-10-6 Amended. No. 521 (House Bill No. 606). AN ACT To amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, generally, so as to prohibit certain conduct by public officials, public employees, and certain businesses; to provide definitions; to provide legislative intent; to make it unlawful for public officials and employees to engage in certain business transactions; to provide civil penalties; to provide exceptions; to provide for applicability; to require certain disclosures; to provide civil penalties for failing to make such disclosures; to provide for civil sanctions and for removal from office or employment; to provide for other matters relating thereto; to continue certain provisions relating to the State Merit System of Personnel Administration; to amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to transactions with the state by certain persons, so as to delete certain references to prohibited

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transactions; 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 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, generally, is amended by striking Part 1 thereof, which reads as follows: Part 1 45-10-20. (a) It shall be unlawful for any full-time appointive state official or employee to contract to buy from or sell to the state any real or personal property, goods, or services, or a combination thereof, when such purchase or sale would benefit or be likely to benefit such official or employee, provided that upon compliance with the conditions and procedures set forth in this part, a chaplain, fireman, any person holding a doctoral or master's degree from an accredited college or university, a licensed physician, dentist, or psychologist, or a registered nurse or licensed practical nurse, if employed full time by the state, may sell his services to another department, agency, commission, or authority of the state on a part-time basis. The exclusive procedure to be followed in such instances is as follows: (1) The chief executive officer of the department, agency, commission, or authority which desires to obtain the services of a chaplain, fireman, any person holding a doctoral or master's degree from an accredited college or university, a licensed physician, dentist, or psychologist, or a registered nurse or licensed practical nurse presently employed full time by another department, agency, commission, or authority of the state shall certify in writing the need for the services and set forth why the best interest of the state will be served by obtaining the part-time services of such a person in lieu of obtaining such services from a person not presently employed by the state; (2) The chief executive officer of the department, agency, commission, or authority presently employing the chaplain, fireman, any person holding a doctoral or master's degree from an accredited college or university, the licensed physician, dentist, or psychologist, or the registered nurse or licensed practical nurse on a full-time basis shall certify in writing that the person whose

Page 1328

services are desired is available to perform such services, that the performance of such services will not detract or have a detrimental effect on the performance of said person's full-time employment and, where appropriate, that the part-time employment of such person by the department, agency, commission, or authority desirous of obtaining the services will be in the best interest of the state; (3) The departments, agencies, commissions, or authorities, after having complied with paragraphs (1) and (2) of subsection (a) of this Code section shall, by agreement, establish the procedures under which the employee shall perform the additional services. The agreement shall specify the means of employment either as a part-time employee or as a consultant, the compensation, and other pertinent details and conditions of the employment relationship. The agreement shall be terminable at any time by either of the departments, agencies, commissions, or authorities. (b) The Public Service Commission may contract with state agencies to use state employees. (c) Notwithstanding any other provision of this part to the contrary, the Georgia Public Service Commission shall be authorized to employ and to pay for the services of any full-time state employee who has any particular expertise or knowledge which may be of assistance to the Georgia Public Service Commission or the Consumer's Utility Counsel in fulfilling its duties and responsibilities under Title 46. The terms and conditions of such employment shall be solely determined by the Georgia Public Service Commission; but, in any event, the full-time employee may not provide services to the Georgia Public Service Commission during such times as he is regularly scheduled to be at his primary place of employment unless the employee has received permission to do so from his regular employer or unless the employee is on annual leave or leave without pay. (d) This Code section shall in no way amend or repeal any statute or regulation promulgated pursuant thereto pertaining to the State Merit System of Personnel Administration. (e) This Code section shall not apply to employees of departments of state government employed part time by the Georgia Building Authority as custodial and cleaning workers or to employees

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of the Georgia School for the Deaf and the Atlanta Area School for the Deaf employed part time by other agencies of state government. 45-10-21. No member of any state board, bureau, commission, or other state agency by whatever name called or of any authority created by law shall make any contract in any capacity whatsoever to furnish any goods or supplies, or both, to the state, except after competitive bid thereon. No such person shall act as dealer, agent, or broker, or in any other manner in connection with the sale of goods or services, or both, to the state, except after competitive bid thereon. 45-10-22. No member of any state board, bureau, commission, or other state agency by whatever name called or of any authority created by law shall act as dealer, agent, or broker, or in any other manner in connection with the sale of goods or services, or both, to the state, unless such person operates a regularly established business enterprise which, when selling such goods or services, or both, to the state, meets all the legal requirements relative to submission of bids, posting of bonds, quality of goods or services, or both, and all other requirements in connection with such transactions. 45-10-23. No person who is a member of any state board, bureau, commission, or other state agency by whatever name called or of any authority created by law shall engage in any transaction with any such board, bureau, commission, committee, or other state agency or any such authority of which such person is a member. 45-10-24. All bids, agreements, contracts, or other instruments in connection with the furnishing of goods or services, or both, to the state shall include a statement to the effect that the signers of such instrument certify that this part has not been violated and will not be violated in any respect. 45-10-25. Any full-time appointive official or employee of the state government who violates any provision of this part shall be discharged immediately from the service of the state. The membership of any member of any board, bureau, commission, or other state agency by whatever name called, or of any authority created by law, who violates any of the provisions of this part, shall be immediately vacated, and such vacancy shall be filled as provided by law. Any person, firm, or corporation violating any of the provisions of this part shall be barred from further business dealings with the state until the violation complained of is corrected.

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45-10-26. Any person who violates this part shall be guilty of a misdemeanor., and inserting in lieu thereof a new Part 1 to read as follows: Part 1 45-10-20. As used in this article, the term: (1) `Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia but shall not mean a political subdivision of the State of Georgia. (2) `Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity. (3) `Employee' means any person who, pursuant to a written or oral contract, is employed by an agency. (4) `Family' means spouse and dependents. (5) `Full-time' means 30 hours of work for the state per week for more than 26 weeks per calendar year. (6) `Limited powers' means those powers other than statewide powers. (7) `Part-time' means any amount of work other than full-time work. (8) `Person' means any person, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other legal entity. (9) `Public official' means any person elected to a state office and means any person appointed to a state office where in the conduct of such office the person so appointed has administrative and discretionary authority to receive and expend public funds and to perform certain functions concerning the public which are assigned to him by law.

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(10) `State-wide powers' means those powers exercised by public officials which affect and influence all of state government. Public officials who exercise such powers include but are not limited to the Governor, the Lieutenant Governor, members of the General Assembly, Justices of the Supreme Court, Judges of the Court of Appeals, the Secretary of State, the Attorney General, the state auditor, the commissioner of the Department of Administrative Services, the commissioner of the State Merit System of Personnel Administration and members of the State Personnel Board, the director of the Office of Planning and Budget, judges of the superior courts, and district attorneys. (11) `Substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of any business. (12) `Transact business' or `transact any business' means to buy, sell, or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative. 45-10-21. (a) It is essential to the proper operation of democratic government that public officials be independent and impartial, that governmental decisions and policy be made in the proper channels of the governmental structure, that public office not be used for private gain other than the remuneration provided by law, and that there be public confidence in the integrity of government. The attainment of one or more of these ends is impaired whenever there exists a conflict between the private interests of an elected official or a government employee and his duties as such. The public interest, therefore, requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of elected officials and government employees in situations where conflicts exist. (b) It is also essential to the proper operation of government that those best qualified be encouraged to serve the government. Accordingly, legal safeguards against conflicts of interest must be so designed as not unnecessarily or unreasonably to impede the recruitment and retention by the government of those men and women who are best qualified to serve it. An essential principle underlying the staffing of our government structure is that its elected officials and employees should not be denied the opportunity, available to all other

Page 1332

citizens, to acquire and retain private economic and other interests, except where conflicts with the responsibility of such elected officials and employees to the public cannot be avoided. (c) The General Assembly declares that the operation of responsible democratic government requires that the fullest opportunity be afforded to the people to petition their government for the redress of grievances and to express freely to individual members of the General Assembly, to committees of the General Assembly, and to officials of the executive branch their opinions on legislation, on pending executive actions, and on current issues and that, to preserve and maintain the integrity of the legislative and administrative processes, it is necessary that the identity, expenditures, and activities of certain persons who engage in efforts to persuade members of the General Assembly or the executive branch to take specific actions, either by direct communication to such officials, or by solicitation of others to engage in such efforts, be publicly and regularly disclosed. The provisions of this article shall be liberally construed to promote complete disclosure of such information so as to assure that the public interest will be fully protected. (d) It is the policy and purpose of this article to implement these objectives of protecting the integrity of all governmental units of this state and of facilitating the recruitment and retention of qualified personnel by prescribing essential restrictions against conflicts of interest in state government without creating unnecessary barriers to the public service. 45-10-22. (a) (1) It shall be unlawful for any full-time public official who has state-wide powers, for himself or on behalf of any business, or for any business in which such public official or member of his family has a substantial interest to transact any business with any agency. (2) It shall be unlawful for any public official or employee who has limited powers, for himself or on behalf of any business, or for any business in which such public official or member of his family has a substantial interest to transact any business with the agency for which such public official serves. (b) Any person who knowingly violates subsection (a) of this Code section shall be subject to the penalties provided for in Code Section 45-10-28.

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45-10-23. (a) It shall be unlawful for any full-time employee, for himself or on behalf of any business, or for any business in which such employee or member of his family has a substantial interest to transact any business with the agency by which such employee is employed. (b) Any person who knowingly violates subsection (a) of this Code section shall be subject to the penalties provided for in Code Section 45-10-28. 45-10-24. (a) (1) Except as provided in subsection (b) of this Code section, it shall be unlawful for any part-time public official who has state-wide powers, for himself or on behalf of any business, or for any business in which such public official or member of his family has a substantial interest to transact any business with any agency. (2) Except as provided in subsection (b) of this Code section, it shall be unlawful for any part-time employee, for himself or on behalf of any business, or for any business in which such employee or member of his family has a substantial interest to transact any business with the agency by which such employee is employed. (b) The provisions of subsection (a) shall not apply to: (1) Any transaction made pursuant to sealed competitive bids; (2) Any transaction when the amount of a single transaction does not exceed $250.00 and when the aggregate of all such transactions does not exceed $9,000.00 per calendar year; and (3) Any transaction involving the lease of real property to or from any agency if such transaction has been approved by the State Properties Commission or the Space Management Division of the Department of Administrative Services. (c) Any person who knowingly violates subsection (a) of this Code section shall be subject to the penalties provided for in Code Section 45-10-28.

Page 1334

45-10-25. The provisions of Code Sections 45-10-22, 45-10-23, and 45-10-24 shall not apply to: (1) Any transaction involving the sale of real property to the state or any agency through eminent domain; (2) Any transaction involving the purchase by the public official or employee of any health or life insurance, disability benefits, or retirement or pension benefits offered as a part of a public official's or employee's service or employment; (3) Any transaction between a public official or employee or any business in which such public official or employee or any member of his family has a substantial interest and any person, the cost of which transaction is paid directly or indirectly by state funds, if the property or services involved in the transaction are for the private use and benefit of the person to whom such property or services are sold or rendered and such person does not subsequently sell or lease such property or services to an agency; (4) Any transaction between a public official or employee or any business in which such public official or employee or any member of his family has a substantial interest and any state contractor if there was no agreement prior to the transaction that the public official or employee would assist, other than by providing goods or services as required under the terms of the agreement underlying the transaction, the contractor in obtaining, retaining, or fulfilling the state contract and if the public official or employee does not assist, other than by providing goods or services as required under the terms of the agreement underlying the transaction, the contractor in obtaining, retaining, or fulfilling the state contract; (5) Any transaction involving part-time employment by the Georgia Building Authority of custodial and cleaning workers who work for other agencies; (6) Any transaction involving part-time employment by any agency of a chaplain, fireman, any person holding a doctoral or master's degree from an accredited college or university, a licensed physician, dentist, or psychologist, or a registered nurse or licensed practical nurse, if employed by the state, if:

Page 1335

(A) The chief executive officer of the department, agency, commission, or authority which desires to obtain the services of a chaplain, fireman, any person holding a doctoral or master's degree from an accredited college or university, a licensed physician, dentist, or psychologist, or a registered nurse or licensed practical nurse presently employed by another department, agency, commission, or authority of the state shall certify in writing the need for the services and set forth why the best interest of the state will be served by obtaining the part-time services of such a person in lieu of obtaining such services from a person not presently employed by the state; (B) The chief executive officer of the department, agency, commission, or authority presently employing the chaplain, fireman, any person holding a doctoral or master's degree from an accredited college or university, the licensed physician, dentist, or psychologist, or the registered nurse or licensed practical nurse shall certify in writing that the person whose services are desired is available to perform such services, that the performance of such services will not detract or have a detrimental effect on the performance of said person's employment and, where appropriate, that the part-time employment of such person by the department, agency, commission, or authority desirous of obtaining the services will be in the best interest of the state; (C) The departments, agencies, commissions, or authorities, after having complied with subparagraphs (A) and (B) of this paragraph shall, by agreement, establish the procedures under which the employee shall perform the additional services. The agreement shall specify the means of employment either as a part-time employee or as a consultant, the compensation, and other pertinent details and conditions of the employment relationship. The agreement shall be terminable at any time by either of the departments, agencies, commissions, or authorities; (7) Any transaction involving the Public Service Commission's employment of any state employee who has any particular expertise or knowledge which may be of assistance to the Georgia Public Service Commission or the Consumers' Utility Counsel in fulfilling its duties and responsibilities under Title 46. The terms

Page 1336

and conditions of such employment shall be solely determined by the Georgia Public Service Commission; but, in any event, the employee may not provide services to the Georgia Public Service Commission during such times as he is regularly scheduled to be at his primary place of employment unless the employee has received permission to do so from his regular employer or unless the employee is on annual leave or leave without pay; (8) Any transaction involving an emergency purchase by any agency which must be made to protect the health, safety, or welfare of the citizens or property of Georgia; (9) Any transaction involving property or a service for which the only source of supply in the State of Georgia is from the public official or employee or a business in which such public official or employee or member of his family has a substantial interest; (10) Any transaction occurring prior to March 1, 1983; (11) Any transaction occurring prior to qualifying to runf for elective office, accepting appointment to public office, or accepting public employment and any transaction occurring after qualifying to run for elective office, accepting appointment to public office, or accepting public employment if the legal obligation and duty to undertake such transaction arose prior to qualifying to run for elective office, accepting appointment to public office, or accepting public employment; (12) Any transaction whereby a public official or employee or any business in which such public official or employee or any member of his family has a substantial interest collects a fee or commission as compensation for performing a service for the state when such performance is required or authorized by law, including but not limited to the collection of state sales tax, the collection of license fees, and the collection of excise taxes; or (13) Any transaction whereby an appointed public official or employee, under the procedures specified in this paragraph, sells to a unit of the University System of Georgia services as a teacher or instructor of an evening or night course or program, if:

Page 1337

(A) The chief executive officer of the unit of the University System of Georgia shall certify in writing the need for the services and set forth why the best interest of the state will be served by obtaining the services of such state official or employee in lieu of obtaining such services from a person not presently employed by the state; (B) The chief executive officer of the department, agency, commission, or authority presently employing the state official or employee shall certify in writing that the person whose services are desired is available to perform such services, that the performance of such services will not detract or have a detrimental effect on the performance of said person's full-time employment, and, where appropriate, that the employment of such person by the unit of the University System of Georgia will be in the best interest of the state; and (C) The departments, agencies, commissions, authorities, and units, after having complied with paragraphs (1) and (2) of this subsection, shall, by agreement, establish the procedures under which the official or employee shall perform the additional services. The agreement shall specify the means of employment, the compensation, and other pertinent details and conditions of the employment relationship. The agreement shall be terminable at any time by either of the departments, agencies, commissions, authorities, or units. 45-10-26. (a) Any public official or employee, whether for himself or on behalf of any business, or for any business in which such public official or employee or any member of his family has a substantial interest who transacts business with the state shall disclose such transactions. Such disclosure shall be submitted prior to December 31 each year to the Secretary of State on such forms as he shall prescribe and shall include an itemized list of that year's transactions with the dollar amount of each transaction reported and totaled, except for transactions provided for in Subsection 45-10-24(b)(2). Such disclosure statements shall be public records. (b) Any person who fails to file a disclosure statement as required in subsection (a) of this Code section shall be subject to the penalties provided for in Code Section 45-10-28.

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45-10-27. This part shall in no way amend or repeal any statute or regulation promulgated pursuant thereto pertaining to the State Merit System of Personnel Administration. 45-10-28. (a) (1) Any appointed public official or employee who violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26 shall be subject to: (A) Removal from office or employment; (B) A civil fine not to exceed $10,000.00; and (C) Restitution to the state of any pecuniary benefit received as a result of such violation. (2) Any elected public official who violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26 shall be subject to: (A) A civil fine not to exceed $10,000.00; and (B) Restitution to the state of any pecuniary benefit received as a result of such violation. (3) Any business which violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26 shall be subject to: (A) A civil fine not to exceed $10,000.00; and (B) Restitution to the state of any pecuniary benefit received as a result of such violation. (b) The penalties provided for in subsection (a) of this Code section may be imposed in any civil action brought for that purpose, and such actions shall be brought by the Attorney General. Section 2 . Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to transactions with the state by certain persons, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-10-6 to read as follows: 16-10-6. (a) (1) Any employee, appointive officer, or elective officer of a political subdivision, hereafter referred to as `employing political subdivision,' or agency thereof who for himself

Page 1339

or in behalf of any business entity sells any real or personal property to: (A) The employing political subdivision; (B) An agency of the employing political subdivision; (C) A political subdivision for which local taxes for education are levied by the employing political subdivision; or (D) A political subdivision which levies local taxes for education for the employing political subdivision shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. (2) Paragraph (1) of this subsection shall not apply to: (A) Sales of personal property of less than $200.00 per calendar quarter; (B) Sales of personal property made pursuant to sealed competitive bids made by the employee, appointive officer, or elective officer, either for himself or on behalf of any business entity; or (C) Sales of real property in which a disclosure has been made: (i) To the grand jury or judge of the probate court of the county in which the purchasing political subdivision is wholly included or, if not wholly included in any one county, to the grand jury or judge of the probate court of any county in which the purchasing political subdivision is partially included and which shall have been designated by the purchasing political subdivision to receive such disclosures; (ii) At least 15 days prior to the date the contract or agreement for such sale will become final and binding on the parties thereto;

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(iii) Which shows that an employee, appointive officer, or elective officer of an employing political subdivision or agency thereof has a personal interest in such sale, which interest includes, without being limited to, any commission, fee, profit, or similar benefit and which gives the name of such person, his position in the political subdivision or agency, the purchase price, and location of the property. 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, 1983. GOOD-TIME ALLOWANCES FOR PERSONS CONFINED TO PENAL INSTITUTIONS FOR MISDEMEANOR OFFENSES. Code Title 42, Chapters 4 and 5 Amended. No. 522 (House Bill No. 505). AN ACT To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions of the state and counties, so as to provide that inmates convicted of misdemeanor offenses and sentenced to confinement may be awarded good-time allowances based on institutional behavior; to provide for conversion from earned-time allowances to good-time allowances for certain county inmates; to delete those provisions relating to the awarding of earned-time allowances by the Board of Offender Rehabilitation for certain inmates; to provide that certain persons shall receive credit towards early release

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subject to certain conditions; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 42 of the Official Code of Georgia, relating to penal institutions of the state and counties, is amended by striking Code Section 42-4-7, relating to records of inmates, in its entirety and inserting in lieu thereof a new Code Section 42-4-7 to read as follows: 42-4-7. (a) The sheriff shall keep, in a well-bound book provided for that purpose, a record of all persons committed to the jail of the county of which he is sheriff. This record shall contain the name of the person committed, his age, sex, race, under what process he was committed and from what court the process issued, the crime with which he was charged, the date of his commitment to jail, the day of his discharge, under what order he was discharged, and the court from which the order issued. This book shall be subject to examination by any person at any time. The sheriff shall keep the book on file in his office. (b) (1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates as provided in subsection (a) of Code Section 17-10-3 shall award good-time allowances to such inmates based on institutional behavior. Good-time allowances shall not be awarded which exceed one-half of the period of confinement imposed. (2) Upon receipt of an inmate sentenced to confinement as a county inmate, the custodian of such inmate shall compute the maximum good-time allowance that such inmate may earn. The custodian may make appropriate deductions from such maximum earnable good-time allowance based on the institutional behavior of such inmate while in custody as a county inmate. (3) An inmate sentenced to confinement as a county inmate shall be released at the expiration of his sentence less the time deducted for good-time allowances. (c) Commencing January 1, 1984, subsection (b) of this Code section, which provides for good-time allowances to be awarded to inmates sentenced to confinement as county inmates as provided in subsection (a) of Code Section 17-10-3, shall apply to all such inmates

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in confinement on December 31, 1983, and all inmates who commit crimes on or after January 1, 1984, and are subsequently convicted and sentenced to confinement as county inmates. Conversion of the computation of the sentences of county inmates in confinement on December 31, 1983, from earned-time governed sentences to good-time governed sentences shall be made by the sheriff or other custodian of such inmates. Section 2 . Said title is further amended by striking Code Sections 42-5-100 and 42-5-101, relating to the awarding of earned-time allowances to inmates, in their entirety, which read as follows: 42-5-100. (a) The board shall formulate and promulgate rules and regulations providing for earned-time allowances to be awarded to inmates based upon the performance of the inmates, provided that earned-time allowances shall not be awarded to inmates sentenced to life imprisonment. The rules and regulations shall not provide for earned-time allowances exceeding one-half of the period of confinement imposed by the court. The rules and regulations shall differentiate between habitual offenders and other offenders for the purposes of awarding earned time. As used in this Code section, the term `habitual offender' means any felony offender sentenced to or serving in custody of the department a third or subsequent felony incarceration in the state penal system since January 1, 1970; provided, however, that the provisions of this Code section relating to habitual offenders shall only apply to those felony offenders whose third or subsequent felony offense was committed after April 10, 1980. Additional sentences imposed on an offender during service of another sentence will be considered as the same incarceration. (b) The wardens or superintendents of the various county or state correctional institutions within the state shall immediately notify the department, in writing, of any punishment imposed or other disciplinary action taken against any inmate under such warden's or superintendent's custody. The report shall be on forms prescribed and furnished by the department and shall show, among other things, the detail assignment and behavior record of the inmate. From the records so furnished, the commissioner or his assistants may suspend the inmate from receiving earned time for a specified period and may forfeit up to one-half the earned-time allowances where the disciplinary action involves a violation of correctional rules and regulations or forfeit all or any part of the earned-time allowances where the violation is a crime punishable by law.

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(c) An inmate shall be released at the expiration of his term of sentence less the time earned as earned-time allowances. (d) Persons convicted of misdemeanor offenses shall accrue earned-time allowances equal to one-half of the total misdemeanor sentence. This same earned-time allowance shall apply to inmates confined as county inmates as provided in paragraph (1) of subsection (a) of Code Section 17-10-3. Computation of this earned-time allowance shall be made by the sheriff of the county or the chief jailer, warden, or other officer designated by the county as custodian of such inmates. 42-5-101. (a) Commencing September 1, 1978, Code Section 42-5-100, which provides for earned-time allowances to be awarded to inmates based upon the performance of the inmate, shall apply to those persons sentenced to the state penal system prior to July 1, 1976, other than those sentenced to life imprisonment or death, such application being deemed beneficial to the sentenced person by shortening the projected period of incarceration. The commissioner shall make a conversion of the computation of the sentences of those persons sentenced to the state penal system prior to July 1, 1976, other than those sentenced to life imprisonment or death, by comparing the projected release date of each of such persons computed pursuant to Ga. L. 1956, p. 161, Section 24, prior to its amendment by Ga. L. 1976, p. 949, Section 1, which granted statutory good time and extra good time allowances, giving appropriate credit or deductions for statutory good time, extra good time, and forfeitures of good time and extra good time unrestored as of September 1, 1978, with a projected release date for each such person computed from the date of sentencing pursuant to Code Section 42-5-100 and the rules and regulations in force as of September 1, 1978, formulated and promulgated by the board by authority of Code Section 42-5-100, providing for earned-time allowances to be awarded to inmates, with forfeitures of good time and extra good time unrestored as of September 1, 1978, being treated in accordance with the earned-time rules and regulations concerning forfeited time. If the projected release date computed under the earned-time rules and regulations is earlier in time for a particular person sentenced prior to July 1, 1976, such projected earned-time release date shall be adopted by the commissioner as the projected release date for that person. If the projected release date computed under the earned-time rules and regulations is later in time for a particular person sentenced prior to July 1, 1976, the commissioner shall grant the person sufficient additional earned-time allowances

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so as to make that person's projected earned-time release date the same as the projected release date computed under Ga. L. 1956, p. 161, Section 24, prior to its amendment by Ga. L. 1976, p. 949, Section 1, which granted statutory good time and extra good time, and such date shall be adopted by the commissioner as the projected earned-time release date for that person. The commissioner shall accomplish administrative processing of the conversion, as of September 1, 1978, of the computation of the sentences of persons sentenced prior to July 1, 1976, other than those sentenced to life imprisonment or death, from good-time and extra good-time governed sentences to earned-time governed sentences in the following order: (1) If conversion will foreseeably produce an immediate benefit to the person within 90 days from September 1, 1978, by September 30, 1978; (2) If conversion will foreseeably produce an immediate benefit to the person more than 90 days but less than 180 days from September 1, 1978, by October 31, 1978; and (3) If conversion will foreseeably produce an immediate benefit to the person more than 180 days from September 1, 1978, by November 30, 1978. (b) Commencing September 1, 1978, Code Section 42-5-100, which provides for earned-time allowances to be awarded to inmates based upon the performance of the inmate, shall apply to persons convicted of misdemeanor offenses who are confined in county facilities prior to July 1, 1976, under the jurisdiction of the county as provided in paragraph (1) of subsection (a) of Code Section 17-10-3. Conversion of the computation of the sentences of those persons from good-time and extra good-time governed sentences to earned-time governed sentences shall be made by the sheriff of the county, chief jailer, warden, or other officer designated by the county as custodian of the inmate in the same manner and pursuant to the same schedule as the commissioner is directed to do for persons sentenced to the state penal system prior to July 1, 1976, by subsection (a) of this Code section., and inserting in lieu thereof the following: 42-5-100. The earned-time allowances, which could have been awarded by the Board of Offender Rehabilitation to inmates based

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upon the performance of the inmate, in effect on December 31, 1983, shall not apply to: (1) Those persons who commit crimes on or after January 1, 1984, and who are subsequently convicted and sentenced to the custody of the Board of Offender Rehabilitation; (2) Those persons who have committed a crime prior to January 1, 1984, but who have not been convicted and sentenced as of December 31, 1983, and who are subsequently sentenced to the custody of the Board of Offender Rehabilitation, including those whose sentences have been probated or suspended, on or after January 1, 1984; however, such persons shall receive the full benefit of the earned-time allowances, in effect on December 31, 1983, and shall receive a release or discharge date computed as if they had been sentenced to the custody of the Board of Offender Rehabilitation, prior to December 31, 1983; or (3) Those persons previously sentenced to the custody of the Board of Offender Rehabilitation, including those whose sentences have been probated or suspended, as of December 31, 1983; however, such persons shall receive the full benefit of the earned-time allowances in effect on December 31, 1983, and shall receive a release or discharge date the same as reflected in the records of such person on December 31, 1983, less any creditable earned time that such person could have earned as a result of forfeited earned time. 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 had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4 . This Act shall become effective on January 1, 1984.

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Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. COPIES OF RESOLUTIONS ACTIVATING DOWNTOWN DEVELOPMENT AUTHORITIESFILING WITH SECRETARY OF STATE, ETC. Code Title 36 Amended. No. 523 (House Bill No. 247). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to require that a copy of the municipal corporation's resolution activating a downtown development authority shall be filed with the Department of Community Affairs; to provide for comments; to provide for certain information to be filed; to delete the provisions allowing municipal disapproval of bonds, notes, or other obligations; to change certain provisions relating to interests of or involvements by directors or members of development authorities, downtown development authorities, and certain other authorities; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (b) of Code Section 36-42-5, which reads as follows: (b) A copy of the governing body's resolution shall be filed with the Secretary of State, who shall maintain a record of all authorities activated under this chapter.,

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and inserting in its place the following: (b) A copy of the governing body's resolution shall be filed with the Secretary of State, who shall maintain a record of all authorities activated under this chapter, and with the Department of Community Affairs. The Department of Community Affairs may, but shall not be required to, furnish written comments to any authority within 30 days after the governing body's resolution is filed with the Department of Community Affairs. Any such comments shall be furnished by the authority to the governing body of the municipal corporation which activated the authority. Such comments shall be informational only and shall not affect any action taken or to be taken by any authority or governing body, and no action of the authority or the governing body shall be required in response to any such comments. The requirements of this subsection relating to filing with the Department of Community Affairs shall apply only to authorities originally activated after July 1, 1983. Section 2 . Said title is further amended by striking Code Section 36-42-6, relating to actions subsequent to the activation of a downtown development authority, and inserting in its place the following new Code section: 36-42-6. The governing body of the municipal corporation may, by proper resolution adopted subsequent to its resolution activating its authority: (1) Change its designation of the downtown development area to a geographical area within the municipal corporation which, in the judgment of the governing body, at the time constitutes the central business district, provided that any such change in the downtown development area shall be effective prospectively from the adoption of the resolution providing therefor and shall not affect any project of, or any action taken by, the authority within or with respect to the downtown development area as defined prior to such change becoming effective; and (2) Appoint directors of the authority which the governing body of the municipal corporation is authorized to appoint; and (3) Disapprove any proposed issue of revenue bonds, notes, or other obligations of the authority, in the manner provided in this chapter.

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Section 3 . Said title is further amended by striking subsection (c) of Code Section 36-42-9, relating to bonds, notes, and other obligations of downtown development authorities, and inserting in its place the following: (c) Each authority shall file with the Department of Community Affairs, not later than the last day of January of each year, a statement with respect to all bonds, notes, and other obligations which it issued during the immediately preceding calendar year, and such statement shall contain with respect to each such issue of bonds, notes, or other obligations: (1) The name and address of the authority; (2) The date of the issue and the face amount of the issue; (3) The name and address of the principal user or principal users, determined based upon reasonable expectations at the time of issuance, of any facilities provided with the proceeds of the issue; and (4) A general description of the type of project financed with proceeds of the issue. The Department of Community Affairs may, for cause shown, grant an extension of the time within which such filing is required. Such filing shall be informational only, shall not affect any action taken or to be taken by any authority, and shall be deemed to be made upon mailing to the Department of Community Affairs in Atlanta, Georgia. Such statement may, at the authority's option, be filed separately with respect to each issue at the time of issuance or any time thereafter prior to January 31 of the next year. The requirements of this subsection (c) shall apply to bonds, notes, and other obligations which are issued after November 1, 1983. Section 4 . Said title is further amended by striking from Code Section 36-62-5, relating to persons serving as directors of a development authority, paragraph (1) of subsection (e) and inserting in its place the following: (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

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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) 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 or involvement' shall mean any interest or involvement 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. Section 5 . Said title is further amended by striking subsection (a) of Code Section 36-62A-1, relating to conduct of directors and members of downtown development authorities, and inserting in its place the following: (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, whether for the purpose of promoting the development of trade, commerce, industry, and employment opportunities or for other purposes, 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

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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 or involvement' shall mean any interest or involvement 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. Section 6 . Except as otherwise provided in Sections 1 and 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. TAXATION OF BANKS, BUILDING AND LOAN ASSOCIATIONS, ETC., REVISED. Code Title 48, Chapters 6 and 7 Amended. No. 524 (House Bill No. 440). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a comprehensive revision of the taxation of state and national banks, state building and loan associations, and federal savings and loan associations; to repeal the tax on bank shares; to repeal the existing tax on the net worth of

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state building and loan associations, and federal savings and loan associations; to remove the exemptions of banks, state building and loan associations, and federal savings and loan associations from the state corporate income tax, the state corporate net worth tax, the tax on intangible property, and the tax on tangible personal property; to permit municipalities and counties to levy local business license taxes upon banks, state building and loan associations, and federal savings and loan associations; to provide for additional exemptions from the tax on intangible property; to provide for a credit against state corporate income tax; to provide for legislative intent and severability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-6-20, relating to definitions pertaining to intangible personal property tax, in its entirety and inserting in lieu thereof a new Code Section 48-6-20 to read as follows: 48-6-20. As used in this chapter, the term: (1) `Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (2) `Collateral security loan' means a loan held by any broker which represents credit extended in connection with the purchase or sale of stocks, bonds, or other securities of a like character held as collateral security for the loan. (3) `Depository financial institution' means a `bank' and a `savings and loan association.' (4) `Money' means specie, currency, and credits resulting from the deposit of money, currency, checks, bills, and other evidences of the credits.

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(5) `Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form. Section 2 . Said title is further amended by striking Code Section 48-6-22, relating to exemptions from intangible tax, in its entirety and inserting in lieu thereof a new Code Section 48-6-22 to read as follows: 48-6-22. The tax imposed by this article shall not apply to: (1) Obligations or evidences of debt of the United States or of this state or its political subdivisions or public institutions. Such obligations and evidences of debt shall include obligations of the United States government agencies and corporations established by acts of the Congress of the United States as well as industrial development revenue bonds issued pursuant to the laws of this state; (2) Intangible personal property owned by a trust forming part of a pension, profit-sharing, or stock bonus plan exempt from federal income taxes under Section 401 of the Internal Revenue Code of 1954; (3) Intangible personal property owned by or irrevocably held in trust for the exclusive benefit of a religious, educational, or charitable institution, no part of the net profit from the operation of which inures to the benefit of any private person; (4) Intangible personal property owned by a person domiciled in this state which has acquired a taxable situs and is subjected to tax in another state incident to the conduct of business located in the other state; (5) Common voting stock of a subsidiary corporation not doing business in this state if at least 90 percent of the common voting stock is owned by a domestic corporation with its principal place of business in this state and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through the subsidiary;

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(6) Stock of a corporation organized under the laws of this state if the corporation pays all taxes in this state as provided by law. For purposes of this paragraph, the term `corporation' also means any depository financial institution; (7) Stock of a domesticated foreign corporation if the corporation pays to this state or its political subdivisions all taxes as provided by law; (8) Assets representing mandatory reserve requirements imposed, by statute or otherwise, on depository financial institutions subject to the tax on intangible property; (9) Stock of the Federal Reserve Bank, the Government National Mortgage Association, the Federal National Mortgage Association, and other corporations and associations established by acts of the Congress of the United States; (10) Mandatory deposits with the Federal Reserve Bank or others required by statute or regulations; (11) Federal or correspondent funds sold and securities and other intangible assets purchased under agreements to resell to the extent they are offset by federal or correspondent funds purchased and securities and other intangible assets sold under agreements to repurchase; (12) Customer's liabilities to depository financial institutions on acceptances outstanding to the extent they are offset by liabilities of depository financial institutions on acceptances executed and outstanding; (13) Receivables arising from the lease of tangible personal property, provided that tangible property tax is due upon such property; (14) Intercompany loans or advances from a parent corporation to a subsidiary, or vice versa, or from one subsidiary to another subsidiary, provided that the parent corporation owns, either directly or through other subsidiaries, more than 90 percent of the common voting stock of any subsidiary which is a party to any such transaction; and

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(15) Intangible personal property owned by an international banking agency or domestic international banking facility licensed to do business in this state. Section 3 . Said title is further amended by striking Code Section 48-6-23, relating to intangible tax rates, in its entirety and inserting in lieu thereof a new Code Section 48-6-23 to read as follows: 48-6-23. (a) A property tax is levied annually as of January 1 of each year at the following rates: (1) Ten cents upon each $1,000.00 of the fair market value of all personal property classified for taxation as intangible personal property in Code Section 48-6-21. The tax is not levied by this paragraph on intangible personal property classified as collateral security loans, long-term notes secured by real estate, or stocks, bonds, and debentures; (2) Twenty-five cents upon each $1,000.00 of the fair market value of all collateral security loans; (3) One dollar upon each $1,000.00 of the fair market value of all stocks in all corporations except those specifically exempted by law; and (4) One dollar upon each $1,000.00 of the fair market value of all bonds and debentures of all corporations. The tax rate upon notes of corporations, other than long-term notes secured by real estate, shall be the rate specified in paragraph (1) of subsection (a) of this Code section, regardless of the maturity date of any such note or notes. (b) Long-term notes secured by real estate, as defined in Article 3 of this chapter, shall be recorded and taxed as provided in Article 3 of this chapter. Section 4 . Said title is further amended by striking subsection (b) of Code Section 48-6-63, relating to taxation of short-term notes, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) Nothing contained in this Code section shall be construed to require the payment of ad valorem taxes on short-term notes by any institutions exempted by Article 2 of this chapter. Section 5 . Said title is further amended by striking Code Section 48-6-90, relating to bank taxation, in its entirety and inserting in lieu thereof a new Code Section 48-6-90 to read as follows: 48-6-90. Except as is otherwise provided in this title, depository financial institutions shall be subject to all forms of state and local taxation in the same manner and to the same extent as other business corporations in Georgia. Section 6 . Said title is further amended by striking Code Section 48-6-91, relating to building and loan and savings and loan association taxation, in its entirety and inserting in lieu thereof a new Code Section 48-6-91 to read as follows: 48-6-91. (a) Except as is otherwise provided in this title, depository financial institutions organized under the laws of any state other than the State of Georgia, of the United States and domiciled outside of Georgia, or of any foreign government, and which maintains a place of business within this state shall be subject to state and local taxation in the same manner and to the same extent as foreign corporations authorized to do business in this state. (b) Domestic international banking facilities operating in this state pursuant to Article 5A of Chapter 1 of Title 7, the `Domestic International Banking Facility Act' and engaging only in those activities authorized pursuant to that Act shall not be deemed to maintain a place of business in this state and shall not be subject to any state or local tax, license, or fee solely because of such activities. Section 7 . Said title is further amended by striking Code Section 48-6-92, which reads as follows: 48-6-92. (a) Banks chartered under the laws of this state and building and loan associations organized under the laws of this state which accept funds for deposit and submit to examination by the commissioner of banking and finance, and banks and savings and loan associations chartered under the laws of the United States shall be taxed as provided in this article. Neither such banks nor such building and loan associations nor international banking corporations and

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international bank agencies authorized to conduct business in this state under Georgia law nor their assets shall be subject to Article 2 of this chapter. (b) Nothing contained in this Code section shall be construed to exempt from Article 2 of this chapter any person licensed to conduct a small loan business pursuant to Chapter 3 of Title 7., in its entirety and inserting in its place the following: 48-6-92. Reserved. Section 8 . Said title is further amended by striking Code Section 48-6-93, relating to taxation of certain intangibles, in its entirety and inserting in lieu thereof a new Code Section 48-6-93 to read as follows: 48-6-93. (a) Municipalities and counties may each levy and collect a business license tax from depository financial institutions located within their respective jurisdiction at a rate not to exceed 0.25 percent of the gross receipts, as defined and allocated in this Code section, of said depository financial institutions. Municipalities and counties may provide that the minimum annual amount of such levy upon any depository financial institution shall be not more than $1,000.00. (b) (1) For purposes of this Code section, `gross receipts' means the total amount of revenue generated from the sources itemized below during the calendar year immediately preceding the date on which the tax authorized by this Code section shall be due. Before determining gross receipts there shall be deducted: (A) An amount equal to the amount of interest paid on all liabilities for the period; (B) An amount equal to income derived from the authorized activities of any domestic international banking facility operating pursuant to Article 5A of Chapter 1 of Title 7, the `Domestic International Banking Facility Act'; (C) An amount equal to any income arising from the conduct of a banking business with persons or entities located outside of the United States, its territories, or possessions;

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(D) An amount equal to a depository financial institution's gross income which is taxed under the tax laws of a state other than Georgia; and (E) To the extent that any deductions are made pursuant to subparagraphs (B), (C), and (D) of this subsection, any deductions taken under subparagraph (A) of this subsection shall be reduced by the same proportion that the deductions in subparagraphs (B) through (D) of this subsection bear to the gross receipts of the depository financial institution as calculated before making any deductions pursuant to subparagraphs (A) through (D) above. (2) The items to be included in the calculation of gross receipts with respect to banks are as follows: (A) Interest and fees on loans less any interest collected on those portions of loans sold and serviced for others; (B) Interest on balances with other depository financial institutions; (C) Interest on federal or correspondent funds sold and securities purchased under agreement to resell; (D) Interest on other bonds, notes, and debentures, excluding interest on obligations of the State of Georgia or its political subdivisions and obligations of the United States; (E) Dividends on stock; (F) Income from direct lease financing; (G) Income from fiduciary activities; (H) Service charges on deposit accounts; (I) Other service charges, commissions, and fees; and (J) Other income. (3) The items to be included in the calculation of gross receipts with respect to savings and loan associations are as follows:

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(A) Interest on mortgage loans less any interest collected on those portions of loans sold and serviced for others; (B) Interest on mortgages, participations, or mortgagebacked securities; (C) Interest on real estate sold on contract; (D) Discounts on mortgage loans purchased; (E) Interest on other loans, excluding interest on obligations of the State of Georgia or its political subdivisions and obligations of the United States; (F) Interest and dividends on investments and deposits; (G) Loan fees; (H) Loan servicing fees; (I) Other fees and charges; (J) Gross income from real estate owned operations; (K) Net income from office building operations; (L) Gross income from real estate held for investment; (M) Net income from service corporations and subsidiaries; (N) Miscellaneous operating income; (O) Profit on sale of real estate owned, investment securities, loans, and other assets; and (P) Miscellaneous nonoperating income. (c) Every depository financial institution subject to the tax authorized by this Code section shall file a return of its gross receipts with each applicable jurisdiction levying such tax by March 1 of the year following the year in which such gross receipts are measured.

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Said return shall be in the manner and in the form prescribed by the commissioner based on the allocation method set forth in subsection (d) of this Code section. The return shall provide the information necessary to determine the portion of the taxpayer's total gross receipts to be allocated to each taxing jurisdiction in which such institution has a place of business. Each taxing jurisdiction which has enacted a business license tax pursuant to subsection (a) of this Code section shall assess and collect said tax based upon the information provided in the returns. (d) The total gross receipts generated in this state by a depository financial institution subject to any tax authorized by this Code section shall be allocated among separate taxing jurisdictions as follows: (1) If a depository financial institution shall have an office or a place of business in more than one municipality, the amount of gross receipts taxable by each municipality shall be the amount of gross receipts attributable to such offices or places of business as of December 31 of the year in which gross receipts are measured; and (2) If a depository financial institution shall have an office or a place of business in more than one county, the amount of gross receipts taxable by each county shall be the amount of gross receipts attributable to such offices or places of business as of December 31 of the year in which gross receipts are measured; and (3) In determining the amount of `gross receipts' attributable to each location, 20 percent of the gross receipts shall be attributable to the parent bank. The remaining 80 percent of gross receipts shall be attributable to branch banks and bank offices, pro rata according to the number of such branch banks and bank offices, with none of the gross receipts attributable to bank facilities or other outlets not considered to be a parent bank, branch bank, or bank office. The terms `parent bank,' `branch bank,' and `bank office' as used in this Code section mean those same terms as defined in Chapter 1 of Title 7, the `Financial Institutions Code of Georgia.' If there are fewer than five branch banks or bank offices in addition to the parent bank, the amount of gross receipts attributable to each such parent bank, branch bank, or bank office shall be determined by dividing the total gross receipts by the aggregate number of such outlets. For

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purposes of this distribution formula only, the term `bank' also means a savings and loan association. (e) Any tax paid by a depository financial institution pursuant to this Code section and Code Section 48-6-95 shall be credited dollar for dollar against any state corporate income tax liability of such institution for the tax year during which any business and occupation tax authorized by this Code section is paid. Such credit shall be subject to the provisions contained in paragraph (11) of subsection (b) of Code Section 48-7-21. (f) Except as authorized by this Code section, no municipality or county shall levy any form of business license tax, fee, franchise, or occupation tax on any depository financial institution. Section 9 . Said title is further amended by striking Code Section 48-6-95, which reads as follows: 48-6-95. The commissioner may promulgate rules and regulations to require state and national banking associations, federal savings and loan associations, and state building and loan associations to file information returns with respect to state income taxes and other forms of taxation., in its entirety and inserting in its place a new Code Section 48-6-95 to read as follows: 48-6-95. (a) There is imposed a special state occupation tax on each depository financial institution located in this state. The rate of this tax shall be 0.25 percent of the gross receipts, as defined in subsection (b) of Code Section 48-6-93, of the depository financial institution. This tax shall be in addition to any and all other taxes to which such depository financial institution is subject. (b) Each depository financial institution shall file with the commissioner a return of its gross receipts by March 1 of the year following the year in which such gross receipts are measured. Said return shall be in the manner and in the form prescribed by the commissioner. The tax imposed by this Code section shall be paid to the commissioner at the time of filing the return. (c) The commissioner shall make an annual report to the Governor and to the chairmen of the House and Senate Appropriations

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Committees of the amount of special state occupation tax on depository financial institutions collected. Section 10 . Said title is further amended by adding new Code Sections 48-6-96 through 48-6-98 to read as follows: 48-6-96. No depository financial institution shall be deprived of the benefit of any exemption, deduction, or credit authorized by law as a consequence of its election to file otherwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution. 48-6-97. Except as otherwise provided by law, credit unions organized under the provisions of Chapter 1 of Title 7, the `Financial Institutions Code of Georgia' shall be subject to all forms of state and local government taxation authorized by the Congress of the United States for the taxation of federally chartered credit unions on January 1, 1984. It is the intent of the General Assembly of the State of Georgia that credit unions organized under the laws of this state and credit unions organized under the laws of the United States and domiciled within this state be subject to the same degree of taxation whether by the state or any of its political subdivisions in which such credit union maintains a place of business. It is further the intent of the General Assembly that in the event the Congress of the United States should change the manner in which federally chartered credit unions may be taxed by state and local governments, then to the extent that state legislative authority is not preempted by the Congress, state-chartered credit unions and federally chartered credit unions operating in this state shall be taxed to the same extent and in the same manner as state-chartered savings and loan associations operating in this state. 48-6-98. It is the intent of the General Assembly of the State of Georgia that depository financial institutions shall be taxed in the same manner and to the same extent for purposes of state taxation. It is the further intent of the General Assembly of Georgia that depository financial institutions shall be taxed in the same manner and to the same extent by the individual political subdivisions in which they have an office or place of business; provided, however, that the following distinctions shall be made to recognize differences between banks and savings and loan associations:

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(1) Any appropriate distinctions made elsewhere in this chapter, and specifically the following: (2) For a period of three years from January 1, 1984, the aggregate gross receipts taxes payable by any savings and loan association under the provisions of this chapter shall not be in excess of an amount that would be raised by a current ad valorem tax imposed upon the net worth of said association. As used in this chapter, the term `net worth' means all surplus, undivided profits, and reserves exclusive of any reserve required by any federal or state statue or regulation in force as of January 1, 1980, which statute or regulation was applicable to such federal or state-chartered association, and minus the fair market value of all real estate or equity therein owned by the association. Section 11 . Said title is further amended by striking Code Section 48-7-21, relating to corporate income tax, in its entirety and inserting in lieu thereof a new Code Section 48-7-21 to read as follows: 48-7-21. (a) Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 6 percent of its Georgia taxable net income. Georgia taxable net income of a corporation shall be the corporation's taxable income from property owned or from business done in this state. A corporation's taxable income from property owned or from business done in this state shall consist of the corporation's taxable income as defined in the Internal Revenue Code of 1954, with the adjustments provided for in subsection (b) of this Code section and allocated and apportioned as provided in Code Section 48-7-31. (b) (1) (A) When interest income is derived from obligations of any state or political subdivision except this state and political subdivisions of this state, the interest income shall be added to taxable income to the extent that the interest income is not included in gross income for federal income tax purposes. Interest or dividends on obligations of any authority, commission, instrumentality, territory, or possession of the United States which by the laws of the United States are exempt from federal income tax but not from state income tax shall also be added to taxable income. (B) There shall be subtracted from taxable income interest or dividends on obligations of the United States and

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its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent such interest or dividends are includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. There shall also be subtracted from taxable income any income derived from the authorized activities of a domestic international banking facility operating pursuant to the provisions of Article 5A of Chapter 1 of Title 7, the `Domestic International Banking Facility Act' and any income arising from the conduct of a banking business with persons or entities located outside the United States, its territories, or possessions. Any amount subtracted pursuant to this subparagraph shall be reduced by any expenses directly attributable to the production of the interest or dividend income. (2) There shall be added to taxable income any taxes on, or measured by, net income or net profits paid or accrued within the taxable year imposed by the authority of the United States or any foreign country, or by any state, territory, county, school district, municipality, or other tax subdivision of any state, territory, or foreign country to the extent such taxes are deducted in determining federal taxable income. (3) No portion of any deductions or losses which occurred in a year in which the taxpayer was not subject to taxation in this state including, but not limited to, net operating losses may be deducted in any tax year. When the federal adjusted gross income or net income of a corporation includes such deductions or losses, an adjustment deleting them shall be made under rules established by the commissioner. The provisions of this subsection shall not prohibit the carry-over of any deductions or losses including, but not limited to, net operating losses of any taxpayer which were incurred in a year or years in which the taxpayers was subject to methods of taxation in this state other than the corporate income tax. (4) Income, losses, and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia taxable income. The commissioner shall provide for needed adjustments by regulation.

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(5) (A) Any gain not recognized pursuant to Section 337 of the Internal Revenue Code of 1954 shall be recognized. To the extent that a corporation incurs a Georgia income tax liability by reason of the recognition of the gains, the Georgia income tax liability attributable to the gains shall be allowed as a credit against the Georgia income tax liability of each common stockholder of the corporation in an amount which bears the same ratio to the Georgia income tax liability as the liquidation distribution received or receivable by the common stockholder bears to the liquidation distribution received or receivable by all common stockholders. The credit shall be allowable only in the taxable year or years of each stockholder in which the liquidation distribution is received and shall be limited to the amount of Georgia income tax liability, if any, of the stockholders for such year or years as computed before application of the credit provided by this Code section and before the application of any credits for withholding or estimated tax payments. (B) A corporation having a net gain which is not recognized for federal income taxation under Section 337 of the Internal Revenue Code of 1954 but which is added to Georgia taxable income under this chapter shall be allowed a deduction of one-half of the net gain but not more than one-half of the amount which would be treated under the Internal Revenue Code of 1954 as the excess of the net long-term capital gain for the taxable year over the net short-term capital loss for the year if it were not for Section 337 of the Internal Revenue Code of 1954. (6) When on the sale or exchange of real or tangible personal property located in this state gain or loss is not recognized because the taxpayer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this state. (7) This article shall not be construed to repeal any tax exemptions contained in other laws of this state not referred to in this article. Those exemptions and the exemptions provided for by federal law and treaty shall be deducted on forms provided by the commissioner.

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(8) All elections made by corporate taxpayers under the Internal Revenue Code of 1954 shall also apply under this article except elections involving consolidated corporate returns and subchapter `S' elections which shall be treated as follows: (A) (i) If two or more corporations file federal income tax returns on a consolidated basis and all of the corporations derive all of their income from sources within this state, the corporations must file consolidated returns for Georgia income tax purposes. Affiliated corporations which file a consolidated federal income tax return but which derive income from sources outside this state must file separate income tax returns with this state unless they have prior approval or have been requested to file a consolidated return by the department; and (ii) No depository financial institutions, as defined in Code Section 48-6-20, shall be deprived of the benefit of any exemption, deduction, or credit authorized by this title as a consequence of its election to file otherwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution as a result of this title. (B) Subchapter `S' elections apply only if all stockholders are subject to tax in this state on their portion of the corporate income. If all nonresident stockholders pay the Georgia income tax on their portion of the corporate income, the election shall be allowed. (9) There shall be subtracted from taxable income dividends received by: (A) A corporation from sources outside the United States as defined in the Internal Revenue Code of 1954. The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; (B) Corporations from affiliated corporations within the United States, when the corporation receiving the dividends is engaged in business in this state and is subject to the payment of taxes under the income tax laws of this state, to

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the extent that the dividends have been included in net income under this Code section. Dividends from affiliates shall be reduced by any expenses directly attributable to the dividend income. (10) Where a corporation's salary and wage deductions are reduced in computing federal taxable income because the corporation has taken a federal jobs tax credit which required, as a condition to using the federal jobs tax credit, the elimination of salary and wage deductions, the eliminated salary and wage deductions shall be subtracted from taxable income. (11) There shall be a dollar-for-dollar credit against the state income tax liability of depository financial institutions which shall be equal to the amount of taxes, if any, paid by such taxpayers pursuant to Code Section 48-6-93 and Code Section 48-6-95. If the liability of any such institutions under the taxes authorized by Code Section 48-6-93 and Code Section 48-6-95 exceeds the corporate income tax liability of such institution for any year, the amount of any unused credit under this Code section may be credited over a period of five years from the tax year in which the unused credit arose. Section 12 . Said title is further amended by striking subsection (a) of Code Section 48-7-25, relating to organizations exempted from corporate income tax, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The following organizations shall be exempt from taxation imposed by Code Section 48-7-21 unless the exemption is denied under subsection (b) or (c) of this Code section: (1) Those organizations described by Section 501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code of 1954. Organizations described in this paragraph shall be exempt from taxation for state purpose in the same manner and to the same extent as for federal purposes; and (2) Insurance companies which pay to the state a tax upon premium income. Section 13 . Said title is further amended by striking Code Section 48-13-71, relating to exemptions from corporate net worth

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tax, in its entirety and inserting in lieu thereof a new Code Section 48-13-71 to read as follows: 48-13-71. The following are exempt from the payment of the tax imposed by this article: (1) Those organizations not organized for pecuniary gain or profit; and (2) Insurance companies which are separately taxed. Section 14 . The commissioner of the Department of Banking and Finance shall prepare a report during 1985 for submission to the Governor and the General Assembly analyzing the fiscal impact of this Act. Section 15 . In the event that subsection (e) of Code Section 48-6-93 or paragraph (11) of subsection (b) of Code Section 48-7-21 is declared or adjudged invalid or unconstitutional, it is the intent of the General Assembly that this entire Act also be held invalid and that the methods of taxation of subjects affected by this Act revert to those methods in force immediately prior to the effective date of this Act. In the event that any section, subsection, sentence, clause, or phrase of this Act other than those described above 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. Except as otherwise provided in this section, the General Assembly declares that it would have passed the remaining parts of this Act if it had known that any part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 16 . This Act shall become effective on January 1, 1984. Section 17 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983.

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PUBLIC RETIREMENT SYSTEMS LAW. Code Title 47, Chapter 20 Enacted. No. 525 (House Bill No. 219). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide minimum funding standards for retirement or pension systems for employees and officials of the State of Georgia and its political subdivisions; to provide for a short title; to provide for a statement of purpose; to provide for definitions; to provide for controlling legislative procedures in connection with bills amending or creating retirement or pension systems; to provide procedures, requirements, and other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by adding at the end thereof a new Chapter 20 to read as follows: CHAPTER 20 ARTICLE 1 47-20-1. This chapter shall be known and may be cited as the `Public Retirement Systems Standards Law.' 47-20-2. It is the purpose of this chapter to comply with the provisions of Article III, Section X, Paragraph V of the Constitution of Georgia requiring the General Assembly to enact legislation to define funding standares to assure the actuarial soundness of any retirement or pension system supported wholly or partially from public funds and to control legislative procedures so that no bill or resolution creating or amending any such retirement or pension system shall be passed by the General Assembly without concurrent provisions for funding in accordance with the defined funding standards.

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47-20-3. As used in this chapter, the term: (1) `Accumulated retirement system benefits' means benefits that are attributable under the provisions of a retirement system to employees' service rendered to a specific valuation date. (2) `Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of retirement system benefits and expenses which is not provided for by future normal costs. (3) `Actuarial assumptions' means assumptions as to the occurrence of future events affecting retirement system costs such as: mortality, withdrawal, disability and retirement; changes in compensation and national pension benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets, and other relevant items. (4) `Actuarial cost method' means a procedure for determining the actuarial present value of retirement system benefits and expenses and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial cost methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, individual aggregate, individual level, individual spread gain and unit credit methods. (5) `Actuarial present value' means the value of an amount or series of amounts payable or receivable at various times from a retirement system, determined as of a given date by the application of a particular set of actuarial assumptions. (6) `Actuarial present value of accumulated retirement system benefits' means the amount as of a valuation date that results from applying actuarial assumptions to the accumulated retirement system benefits, with the actuarial assumptions being used to adjust those benefits to reflect the time value of money (through discounts for interest) and the probability of payment (by means of decrements such as for death, disability, withdrawal, or retirement) between the valuation date and the expected date of payments.

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(7) `Actuarial valuation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for a retirement system. (8) `Actuarial value of assets' means the value of cash, investments, and other property belonging to a retirement system, as used by the actuary for the purpose of an actuarial valuation. (9) `Actuary' means an actuary who is enrolled under Subtitle C of Title III of the federal Employee Retirement Income Security Act of 1974, P. L. 93-406. (10) `Amortization contribution' means the excess in total employer and employee contributions over normal cost. (11) `Beneficiary' means a person receiving or entitled to receive a benefit pursuant to a retirement system. (12) `Benefit' means any benefit, including disability benefits, which is paid or payable to a beneficiary under a retirement system. (13) `Benefit increase' means a change in or amendment to a retirement system which results or will result in an increase in the benefits being paid or which will be paid to a beneficiary or potential beneficiary under a retirement system and includes any change in a retirement system which decreases the requirements for becoming eligible to receive a benefit and any change which grants or authorizes a member or members of a retirement system to obtain additional creditable service under the retirement system for service rendered in a capacity other than as a member of the retirement system. (14) `Employee' means officials and employees of the state or of any department, board, bureau, commission, authority, or other agency thereof and the officials and employees of a political subdivision or any agency thereof who are or who become members of a retirement system. (15) `Employee contribution' means that part of the compensation of an employee which is paid by or on behalf of an employee as a contribution to a retirement system.

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(16) `Employer' means the State of Georgia for any retirement system financially supported in whole or in part by appropriations made by the General Assembly, by the proceeds of a tax levied by law enacted by the General Assembly, or by fines and forfeitures or portions of fines and designated by law as a source of funding for a retirement system; and, for any retirement system supported in whole or in part by the funds of a political subdivision, `employer' means the local governing authority authorizing or providing for the local retirement system. (17) `Employer contribution' means: (A) Funds paid by an employer to support financially a retirement system; (B) Public funds, whether by taxes, fines and forfeitures, or other sources, devoted to the financial support of a retirement system; and (C) Any other funds, other than employee contributions, used to support financially a retirement system. (18) `Legislatively controlled retirement system' means a retirement system in existence on January 1, 1984, which was created by an Act of the General Assembly and which may be amended only by an Act of the General Assembly. (19) `Local governing authority' means the council, board of aldermen, board of commissioners, commissioner, or other person or body of persons entrusted by law with the administration, management, and control of the fiscal affairs of a political subdivision. (20) `Normal cost' means that portion of the actuarial present value of a retirement system benefits and expenses which is allocated to a valuation year by the actuarial cost method used for the retirement system. (21) `Political subdivision' means any county or municipality of this state. (22) `Retirement bill' means any bill or resolution introduced into the General Assembly which creates or affects a retirement system.

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(23) `Retirement system' means any retirement or pension plan or any other plan or program which exists on January 1, 1984, or which is created or established on or after that date, and which is maintained by an employer or maintained pursuant to law or other authority of an employer for the purpose of paying benefits to employees or their beneficiaries after employees cease active employment by retirement, disability, death, or other termination. The term `retirement system' shall include any plan or program which creates a retired position, commonly referred to as `emeritus,' and provides a salary for the retired position in lieu of a retirement benefit. The term `retirement system' shall not include an individual retirement account or other plan which provides for an individual account for each participant and for benefits based solely upon the amount contributed to the participant's account and any income, expenses, gains, and losses and any forfeitures of accounts of other participants which may be allocated to a participant's account. (24) `Retirement system administrator' means the board of trustees or other body or individual having responsibility, either by law or by other authority of an employer, for the management and administration of a retirement system. (25) `Unfunded actuarial accrued liability' means the excess of the actuarial accrued liability over the actuarial value of the assets of a retirement system under an actuarial cost method which so provides. ARTICLE 2 47-20-10. (a) In order to assure the actuarial soundness of each retirement system, the minimum annual employer contribution for each retirement system, unless excepted by Code Section 47-20-13, shall be the sum of the amounts determined under paragraphs (1), (2), and (3) of this subsection minus the amount determined under paragraph (4) of this subsection. (1) The normal cost of the retirement system for the year; plus (2) The amounts necessary to amortize:

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(A) The unfunded actuarial accrued liability over a period of 40 years in the case of a retirement system in existence on January 1, 1983, based on the first actuarial valuation of the retirement system which is made on or after January 1, 1984; or (B) The unfunded actuarial accrued liability over a period of 30 years in the case of a retirement system which is created or established after January 1, 1983, based on the first actuarial valuation of the retirement system; plus (C) The increase, if any, in unfunded actuarial accrued liability over a period of 20 years for any such increase which occurs after January 1, 1984, during any year as a result of changes made in the provisions of the retirement system affecting active employees; plus (D) The increase, if any, in unfunded actuarial accrued liability over a period of 15 years for any such increase which occurs from experience under the actuarial assumptions applicable to the retirement system; plus (E) The increase, if any, in unfunded actuarial accrued liability over a period of 30 years for any such increase resulting from changes in actuarial assumptions applicable to the retirement system; plus (3) If not otherwise included in the calculations under paragraphs (1) or (2) or (1) and (2) of this subsection: (A) The amount necessary to amortize over a period of ten years in equal annual installments the increase, if any, in unfunded actuarial accrued liability resulting from benefit increases granted during the year to beneficiaries under the retirement system; or (B) The amount necessary to pay the amount of increase in benefits granted during the year to beneficiaries under the retirement system on a current disbursement or pay as you go basis; minus (4) The amount:

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(A) Necessary to amortize the decrease, if any, in unfunded actuarial accrued liability over a period of 20 years for any such decrease which occurs after January 1, 1984, during any year as a result of changes made in the provisions of the retirement system; plus (B) Necessary to amortize the decrease in unfunded actuarial accrued liability, if any, over a period of 15 years for any such decrease which occurs from experience under the actuarial assumptions applicable to the retirement system; plus (C) Necessary to amortize the decrease in unfunded actuarial accrued liability, if any, over a period of 30 years for any such decrease resulting from changes in the actuarial assumptions applicable to the retirement system; plus (D) In excess of the minimum annual employer contribution required by this Code section which accumulates after January 1, 1984; plus (E) Employee contributions for the year. (b) In the case of a retirement system which uses a formula related to the compensation of the members of the retirement system as a basis for the calculation of benefits under the retirement system, the amortization amounts required by subsection (a) of this Code section, except for the amount determined under paragraph (3) of said subsection (a), may be determined as a level percentage of future compensation. If such level percentage amortization is used, the actuarial assumption for future annual payroll growth shall not exceed the actuarial assumed valuation interest rate of the retirement system less 2 1/2 percent. If such level percentage amortization is used, the amortization of increases and decreases in unfunded actuarial accrued liability under subsection (a) of this Code section need not be reflected in the amortization contribution otherwise determined if the amortization contribution so determined is at least 4 percent of the unfunded actuarial accrued liability for the period up to January 1, 1989, and at least 4 1/2 percent of the unfunded actuarial accrued liability after January 1, 1989. (c) In determining the minimum annual employer contribution under subsection (a) of this Code section:

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(1) All benefits which it is reasonable to anticipate will be paid from the retirement system because of the current active members and payments to beneficiaries shall be taken into account; and (2) All costs, liabilities, and other factors under the retirement system shall be determined by an actuary on the basis of an actuarial cost method and actuarial assumptions which, in the aggregate, are reasonable, considering the experience of the retirement system and reasonable expectations, and which, in combination, offer the actuary's best estimate of anticipated experience under the retirement system. (d) Upon completion of the first actuarial investigation of a retirement system after January 1, 1984, and for each subsequent actuarial investigation, the minimum annual employer contribution required by this Code section shall be increased by an amount equivalent to the interest earned on such minimum annual employer contribution, based on the actuarial assumed valuation interest rate applicable to the retirement system, from the date of such actuarial investigation until the date the minimum annual employer contribution is made to the retirement system. This subsection shall not apply to a retirement system to which annual employer contributions are being made in excess of the minimum annual employer contribution required by this Code section. (e) In no event will employee contributions of active members of a retirement system be used to pay benefits to beneficiaries under the retirement system. 47-20-11. In the case of a retirement system of a political subdivision, if the minimum funding standards provided by Code Section 47-20-10 would cause a severe financial hardship to the political subdivision if implemented on January 1, 1984, such minimum funding standard may be phased in over a period of four years beginning on January 1, 1984, for funding the normal cost and over a period of seven years beginning on January 1, 1984, for funding the total required minimum employer contribution. The provisions of this Code section shall not apply to any retirement system of a political subdivision which is created or established on or after January 1, 1983.

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47-20-12. (a) The retirement system administrator of each legislatively controlled retirement system, based on the findings and conclusions of the actuary of the retirement system, shall submit a certification to the Governor and to each member of the General Assembly by not later than July 1, 1984, stating whether or not the retirement system is currently being funded in conformity with the minimum funding standards set forth in Code Section 47-20-10. (b) Based on the certification provided for by subsection (a) of this Code section, any legislatively controlled retirement system which is not being funded in conformity with the minimum funding standards set forth in Code Section 47-20-10 shall not be amended or changed in any manner to grant any benefit increase until such time as the retirement system administrator, based on the findings and conclusions of the actuary of the retirement system, issues a new certification to the Governor and to each member of the General Assembly stating that the retirement system is being funded in conformity with the minimum funding standards set forth in Code Section 47-20-10. (c) Based on the certification provided for by subsection (a) of this Code section, the retirement system administrator of any legislatively controlled retirement system which is not being funded in conformity with the minimum funding standards set forth in Code Section 47-20-10 shall not take any action to grant a benefit increase until such time as a new certification provided for by subsection (b) of this Code section is issued by the retirement system administrator. The provisions of any law relating to a legislatively controlled retirement system which authorizes the retirement system administrator to grant benefit increases from time to time is amended to conform with the requirements of this subsection. (d) Any retirement bill introduced into the General Assembly in violation of subsection (b) of this Code section shall not be considered by the House or Senate or by any committee of the House or Senate. Any retirement bill in violation of subsection (b) of this Code section which is enacted by the General Assembly, whether or not the bill is approved by the Governor, shall not become law and shall be null, void, and of no force and effect and shall stand repealed in its entirety on the first day of July immediately following its enactment. 47-2013. The minimum funding standards specified by Code Section 47-20-10 shall not apply to a retirement system which holds

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actuarial assets in excess of 150 percent of the actuarial present value of the accumulated retirement system benefits. ARTICLE 3 47-20-20. (a) In the case of a retirement system of a political subdivision, unless excepted by Code Section 47-20-13, neither the local governing authority by ordinance or resolution or other action nor the retirement system administrator shall take any action on or after January 1, 1984, to grant a benefit increase under any retirement system of the political subdivision until annual employer contributions to each retirement system of the political subdivision are in conformity with the minimum funding standards specified by Code Section 47-20-10. The local governing authority of a political subdivision shall not take any action after January 1, 1984, to create or establish any new retirement system until all existing retirement systems of that political subdivision are being funded in conformity with the minimum funding standards specified by Code Section 47-20-10. This limitation shall not prohibit a local governing authority from creating or establishing a new retirement system as a successor to the existing retirement system or systems of the political subdivision if the resulting new system and the remaining obligations under the previously existing system or systems are funded in accordance with the minimum funding standards specified by Code Section 47-20-10. The membership of such a successor retirement system need not be confined to the membership of the previously existing retirement system or systems. (b) Unless excepted by Code Section 47-20-13 and subject to the provisions of Code Section 47-20-11, after January 1, 1984, the annual employer contribution to each retirement system of a political subdivision shall be in an amount equal to or greater than the minimum annual employer contribution required by Code Section 47-20-10. 47-20-21. (a) The retirement system administrator of each retirement system of a political subdivision shall comply fully with the requirements of Code Section 47-1-3 requiring the employment of an actuary and the completion of actuarial investigations once every three years. In addition to the other requirements specified by Code Section 47-1-3 for such actuarial investigations, each such investigation shall express the actuary's opinion, which shall be supported by such analysis as the actuary determines necessary, of the status of the retirement system with regard to the minimum funding standards

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specified in Code Section 47-20-10. Each such actuarial investigation shall also include an analysis of each change in or amendment to the retirement system since the previous investigation and shall identify any change or amendment which granted a benefit increase. (b) If an actuarial investigation or a financial report which is submitted to the state auditor under Code Section 47-1-3 shows that an amendment or change was made in a retirement system of a political subdivision granting a benefit increase in violation of subsection (a) of Code Section 47-20-20 or shows that a retirement system of a political subdivision is not in conformity with the requirements of subsection (b) of Code Section 47-20-20, it shall be the duty of the state auditor to notify the director of the Fiscal Division of the Department of Administrative Services; and it shall be the duty of the director to withhold any state funds payable to the applicable political subdivision until the actuary of the applicable retirement system certifies to the state auditor and to the director that employer contributions to each retirement system of the political subdivision are in conformity with the minimum funding standards specified in Code Section 47-20-10. (c) The report on the condition of local retirement systems submitted to the Governor and to members of the General Assembly pursuant to Code Section 47-1-4 shall include a separate list of each retirement system of each political subdivision which is not in conformity with the minimum funding standards specified by Code Section 47-20-10 and a separate attachment giving a full explanation of any action taken pursuant to subsection (b) of this Code section. ARTICLE 4 Part 1 47-20-30. As used in this article, the term: (1) `Amendment' means any amendment, including a substitute bill, made to a retirement bill by any committee of the House or Senate or by the House or Senate. (2) `LC number' means that number preceded by the letters `LC' assigned to a bill by the Office of Legislative Counsel when that office prepares a bill for a member of the General Assembly.

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(3) `Nonfiscal amendment' means an amendment to a retirement bill having a fiscal impact, which amendment does not change any factor of an actuarial investigation specified in subsection (a) of Code Section 47-20-36. (4) `Nonfiscal retirement bill' means any retirement bill other than one defined by paragraph (5) of this Code section. (5) `Retirement bill having a fiscal impact' means: (A) Any retirement bill having the effect of creating or establishing a new retirement system; or (B) Any retirement bill granting a benefit increase under a retirement system or affecting employer contributions, employee contributions, the normal cost, or the actuarial accrued liabilities of a retirement system. 47-20-31. No retirement bill may be introduced by any member of the General Assembly unless, at the time of its introduction, the bill has printed thereon in the upper right portion of each page of the bill an LC number. Once a retirement bill is presented by the Office of Legislative Counsel to a member of the General Assembly, neither the Office of Legislative Counsel nor any person shall make any change in the retirement bill prior to its introduction into the General Assembly unless the bill is returned to the Office of Legislative Counsel and that office assigns a new LC number to the bill. Part 2 47-20-32. (a) A nonfiscal retirement bill may be introduced at any regular session of the General Assembly, but it must be introduced during the first ten days of a regular session. As a condition precedent to the introduction of a nonfiscal retirement bill, the member of the General Assembly who intends to be the primary sponsor of the bill must present an exact copy of the proposed bill, which must bear an LC number, to the state auditor. If the state auditor finds that the proposed bill is a nonfiscal retirement bill, said officer shall provide a written certification to that effect to the member of the General Assembly who intends to be the primary sponsor of the bill. Such certification shall specifically identify the proposed bill by reference to the LC number. If the proposed bill is introduced into the General Assembly, it shall have attached thereto

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the original of the certification of the state auditor that the bill is a nonfiscal retirement bill. If the LC number on the bill as offered for introduction is different from the LC number shown on the state auditor's certification or if the bill as offered for introduction does not bear an LC number on each page of the bill, the bill may not be accepted for introduction by the Secretary of the Senate or the Clerk of the House of Representatives, and the bill may not be considered by any committee of the House or Senate or by the House or Senate. (b) If the state auditor is unable to determine that a proposed retirement bill presented to him under subsection (a) of this Code section is a nonfiscal retirement bill, said officer shall not issue a certification under said subsection, and the bill shall be considered a retirement bill having a fiscal impact for all purposes under this article. 47-20-33. (a) After its introduction into the General Assembly, a nonfiscal retirement bill may not be amended in any manner to cause the bill to become a retirement bill having a fiscal impact. Any amendment to a nonfiscal retirement bill shall be submitted to the state auditor. Any such amendment shall be submitted to the state auditor by the chairman of the committee, if a committee amendment, or by the presiding officer of the Senate or House if the amendment was made by the Senate or House. If the state auditor certifies in writing that the amendment does not cause the bill to become a retirement bill having a fiscal impact, the bill, as amended, may continue in the legislative process as any other bill. If the state auditor will not certify that the amendment does not cause the bill to become a retirement bill having a fiscal impact or if the state auditor issues a written opinion that the amendment will cause the bill to become a retirement bill having a fiscal impact, the bill's progress in the legislative process will end, and the bill shall not be considered further by either the House or the Senate and shall not be passed by the General Assembly, and, if passed by the General Assembly, the bill shall not become law and shall be null, void, and of no force or effect and shall stand repealed in its entirety on the first day of July immediately following its enactment. (b) If a nonfiscal retirement bill is amended to cause the bill to become a retirement bill having a fiscal impact, the amendment may be removed or changed by the committee which made the amendment, if a committee amendment, or by the Senate, if that body made the amendment, or by the House, if that body made the amendment.

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The version of the bill, with the amendment removed or changed, shall be submitted to the state auditor. If the state auditor certifies in writing that the version of the bill presented to that officer is a nonfiscal retirement bill, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment. (c) A nonfiscal retirement bill which is not amended during the legislative process may be considered as any other bill. Part 3 47-20-34. (a) Any retirement bill having a fiscal impact may be introduced in the General Assembly only during the regular session which is held during the first year of the term of office of members of the General Assembly. Any such retirement bill may be passed by the General Assembly only during the regular session which is held during the second year of the term of office of members of the General Assembly. (b) When a retirement bill having a fiscal impact is introduced, it shall be assigned by the presiding officer of the Senate or the House, as the case may be, to the respective Senate or House standing committee on retirement. If a majority of the total membership of the respective committee is opposed to the bill on its merits, no actuarial investigation provided for in Code Section 47-20-36 shall be necessary, and the bill shall not be reported out by the committee and shall not be adopted or considered by the House or Senate. If a majority of the committee wishes to consider the bill further and votes in favor of an actuarial investigation of the bill, an actuarial investigation shall be required as provided in Code Section 47-20-36. No retirement bill having a fiscal impact may be reported out of the committee to which it is assigned or may be considered or adopted by the House or Senate unless an actuarial investigation of the bill is made. 47-20-35. (a) A retirement bill having a fiscal impact which the committee wishes to consider shall first be perfected, if necessary, by the committee. The committee may delay further consideration of the bill until after the close of the regular session during which the bill was introduced, but the committee shall complete its consideration of the bill for submission to the state auditor under Code Section 47-20-36 by not later than the first day of July immediately following the

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close of the legislative session. If the committee delays consideration until after the close of the session, it shall be authorized to meet not more than five days during the period beginning with the day following the close of the session and ending on June 15 immediately following the close of the session for the purpose of considering and perfecting the bill. If the bill originated in the Senate, the House Committee on Retirement shall be authorized to meet jointly with the Senate Committee on Retirement to consider and perfect a bill during the period following the close of a regular session, and, if the bill orginated in the House, the Senate Committee on Retirement shall have the same authority. For attending meetings of their respective committees as authorized by this subsection, the members of the Senate and House committees on retirement shall receive the expenses and allowances provided by law for members of legislative interim committees. If a retirement bill having a fiscal impact is changed by the committee to which it is assigned, such change shall be accomplished only by a substitute bill, and no committee amendment to the bill, except by substitute, shall be authorized. (b) Immediately after a retirement bill having a fiscal impact has been considered and perfected as provided in subsection (a) of this Code section, the chairman of the committee to which the bill was assigned shall transmit an exact copy of the bill, as perfected by the committee, when applicable, to the state auditor. The copy submitted to the state auditor shall bear an LC number. The submission of the bill to the state auditor shall have attached thereto a letter signed by the chairman of the committee requesting the state auditor to make or cause to be made an actuarial investigation on the bill. 47-20-36. (a) If an actuarial investigation of a retirement bill having a fiscal impact is requested under Code Section 47-20-35, it shall be the duty of the state auditor to complete or cause to be completed such actuarial investigation by not later than December 1 of the same year during which the request for the actuarial investigation was made. The actuarial investigation shall include, but shall not be limited to, findings on the following factors as such factors are relevant to the retirement bill under consideration: (1) The dollar amount of the increase in unfunded actuarial accrued liabilities which will result for the retirement system affected if the bill affects an existing retirement system;

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(2) The dollar amount of unfunded actuarial accrued liabilities which will be created if the bill creates a new retirement system; (3) The dollar amount of increase, on an annual basis, in the normal cost of the retirement system if the bill affects an existing retirement system; (4) The dollar amount, on an annual basis, of the normal costs which will be incurred if the bill creates a new retirement system; (5) A statement of the current employer contribution rate in effect for the retirement system if the bill affects an existing retirement system; (6) A finding of whether or not the current employer contribution rate under paragraph (5) of this subsection is in conformity with the minimum funding standards specified by Code Section 47-20-10; (7) A statement of the recommended current employer contribution rate if, under paragraph (6) of this subsection, the current employer contribution rate is not in conformity with the minimum funding standards specified by Code Section 47-20-10; (8) A statement of the employer contribution rate, which must be in conformity with the minimum funding standards specified by Code Section 47-20-10, recommended if the bill amends an existing retirement system; (9) A statement of the employer contribution rate, which must be in conformity with the minimum funding standards specified by Code Section 47-20-10, recommended if the bill creates a new retirement system; and (10) A statement of the dollar amount of the annual employer contribution which will be necessary to maintain the retirement system affected or established by the bill in an actuarially sound condition. (b) Upon its completion, an actuarial investigation shall be submitted by the state auditor to the chairman of the committee which requested it along with the following:

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(1) A statement that the actuarial investigation is for the particular retirement bill, identified by LC number, submitted to the state auditor and that subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein; and (2) A summary of the actuarial investigation which shall include the relevant findings specified in subsection (a) of this Code section. (c) The chairman of the committee, upon receipt of the information provided for under subsection (b) of this Code section, shall cause the material submitted to such chairman under paragraphs (1) and (2) of said subsection to be printed by the Secretary of the Senate or the Clerk of the House of Representatives, depending on whether the bill is a Senate bill or House bill, in sufficient quantity to attach a copy thereof to all printed copies of the bill. The original of such material shall be attached by the Secretary of the Senate or Clerk of the House of Representatives to the original version of the substitute bill, as perfected by the committee under Code Section 47-20-35, if applicable, or to the original version of the bill as introduced if the bill was not changed by the committee prior to its submission to the state auditor for an actuarial investigation. 47-20-37 (a) When a retirement bill having a fiscal impact has had an actuarial investigation pursuant to Code Section 47-20-36, the bill may be considered at the next regular session of the General Assembly. If the bill as originally introduced was not changed by the committee and the original version was submitted to the state auditor for an actuarial investigation, then the original version of the bill is the only one, except as otherwise provided by subsection (b) of this Code section, which may be considered by any committee or by the House or Senate. If the original bill was substituted by the committee and the substitute version was the one submitted to the state auditor, then that substitute bill is the only one, except as otherwise provided by subsection (b) of this Code section, which may be considered by any committee or by the House or Senate. (b) After completion of an actuarial investigation, any amendment to a retirement bill having a fiscal impact shall be out of order and shall not be allowed either by a committee or by the House or Senate, except for a nonfiscal amendment. Any amendment to a retirement bill having a fiscal impact shall be submitted to the state

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auditor by the chairman of the committee, if a committee amendment, or by the presiding officer of the Senate or House if the amendment was made by the Senate or House. If the state auditor certifies in writing that the amendment is a nonfiscal amendment, then the bill as amended, with the state auditor's certification attached to the original of the amendment, may continue in the legislative process. If the state auditor will not certify that the amendment is nonfiscal or if the state auditor issues a written opinion that the amendment changes any factor of an actuarial investigation specified in subsection (a) of Code Section 47-20-36, the bill's progress in the legislative process will end, and the bill shall not be considered further by either the House or Senate and shall not be passed by the General Assembly, and, if passed by the General Assembly, the bill shall not become law and shall be null, void, and of no force and effect and shall stand repealed in its entirety on the first day of July immediately following its enactment. (c) An amendment to a retirement bill having a fiscal impact which affects a factor of an actuarial investigation specified in subsection (a) of Code Section 47-20-36 may be removed or changed so that no such factor is affected by the amendment by the committee which made the amendment, if a committee amendment, or by the Senate, if that body made the amendment, or by the House, if that body made the amendment. The version of the bill with the amendment removed or changed shall be submitted to the state auditor. If the state auditor certifies in writing that the factors of an actuarial investigation specified in subsection (a) of Code Section 47-20-36 are not changed by the version of the bill submitted to that officer, then that version of the bill may continue in the legislative process unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment. ARTICLE 5 47-20-50. (a) Any retirement bill having a fiscal impact which is enacted by the General Assembly and which is approved by the Governor or which otherwise becomes law shall become effective on the first day of July immediately following the regular session during which it was enacted, but only if the enacted bill is concurrently funded as provided by this Code section. If an enacted bill, including one approved by the Governor, is not concurrently funded as required by this Code section, then such bill may not become effective as law and shall be null, void, and of no force and effect and shall stand

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repealed in its entirety on the first day of July immediately following its enactment. (b) When a retirement bill having a fiscal impact amends a retirement system having employer contributions funded from appropriations by the General Assembly, then appropriations for the first fiscal year of effectiveness of the bill, after it becomes law, must include funds to pay the amount determined by the actuarial investigation under paragraph (10) of subsection (a) of Code Section 47-20-36, and future appropriations for subsequent fiscal years must include an amount necessary to maintain the actuarial soundness of the retirement system in accordance with the findings of the actuarial investigation. Any limitation on the rate of employer contributions that may be included in a law which is the source of authority for a retirement system affected by this subsection is amended to the extent necessary to comply with the requirements of this subsection. (c) When a retirement bill having a fiscal impact amends a retirement system having employer contributions funded from portions of fines and forfeitures, then, if necessary to produce funds to pay the amount determined by actuarial investigation under paragraph (10) of subsection (a) of Code Section 47-20-36, either: (1) The retirement bill having a fiscal impact or parallel legislation, which must become effective concurrently with the retirement bill, must revise the portion of fines and forfeitures designated for employer contributions to pay the amount determined under paragraph (10) of subsection (a) of Code Section 47-20-36; or (2) The General Assembly by direct appropriations must supplement employer contributions from fines and forfeitures to the extent necessary to pay the amount determined under paragraph (10) of subsection (a) of Code Section 47-20-36. (d) When a retirement bill having a fiscal impact amends a retirement system having employer contributions funded from the designation of the proceeds of a tax imposed by law, then either: (1) The retirement bill having a fiscal impact or parallel legislation, which must become effective concurrently with the retirement bill, must revise the tax as necessary to pay the amount determined under paragraph (10) of subsection (a) of Code Section 47-20-36; or

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(2) The General Assembly by direct appropriation must supplement employer contributions from the tax to the extent necessary to pay the amount determined under paragraph (10) of subsection (a) of Code Section 47-20-36. (e) When a retirement bill having a fiscal impact amends a retirement system having employer contributions funded wholly or partially from the funds of a political subdivision, that political subdivision shall have a duty to produce funds as necessary to pay all or its proportionate share of the amount determined by actuarial investigation under paragraph (10) of subsection (a) of Code Section 47-20-36. (f) When a retirement bill having a fiscal impact creates a new retirement system, then employer contributions in conformity with the minimum funding standards of Code Section 47-20-10 and in conformity with paragraph (10) of subsection (a) of Code Section 47-20-36 must be made to the retirement system either by direct appropriations by the General Assembly or by another source of employer contributions specifically provided for in the bill creating the new retirement system. 47-20-51. No provision of this chapter generally and no provision of Code Section 47-20-50 in particular shall: (1) Create or be construed to create a contractual right to a retirement benefit or a contractual right in the provisions of a retirement system law which does not exist independently of the provisions of this chapter; and (2) Impair, alter, or diminish or be construed to impair, alter, or diminish a contractual right to a retirement benefit or a contractual right in the provisions of a retirement system law which exists independently of the provisions of this chapter. ARTICLE 6 47-20-60 (a) The state auditor shall be authorized to employ or contract with actuaries and other personnel to carry out the duties assigned to that officer by this chapter. Upon their approval by the Legislative Services Committee, expenses incurred by the state auditor in carrying out such duties shall be paid from funds appropriated or available to the legislative branch of the state government. When

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authorized to do so by the Legislative Services Committee, and such authorization may be on a continuing basis by direction of the Legislative Services Committee entered upon its minutes, the legislative fiscal officer, upon certification by the state auditor of expenses incurred to carry out the duties assigned to that officer by this chapter, is authorized to expend legislative funds to pay such expenses. (b) Retirement system administrators, state officials and employees, and officials and employees of political subdivisions are authorized and directed to cooperate with and assist the state auditor in carrying out the duties assigned to that officer by this chapter. 47-20-61. The enrolled Act resulting from a bill which is subject to the legislative procedures provided by this chapter shall have attached thereto the original or a true and correct copy of all certificates and summaries of actuarial investigations submitted by the state auditor pursuant to the requirements of this chapter. 47-20-62. This chapter shall become effective on January 1, 1984. Only nonfiscal retirement bills may be introduced at the 1984 regular session of the General Assembly. Retirement bills having a fiscal impact which were introduced at the 1983 regular session and which are still pending at the 1984 regular session shall be subject to the requirements of Code Section 47-20-50, except that the amount determined by actuarial investigation under paragraph (10) of subsection (a) of Code Section 47-20-36 shall be determined by the director of the Office of Planning and Budget and the state auditor pursuant to Code Sections 28-5-42 and 28-5-43, relating to fiscal notes. 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 March 29, 1983.

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DENTISTS AND DENTAL HYGIENISTSPRACTICE REGULATED. Code Title 43, Chapter 11 Amended. No. 526 (House Bill No. 386). AN ACT 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 service of documents; to change what acts constitute the practice of dentistry; to provide for teachers' and public health licenses; to delete certain requirements regarding registration of licenses and forms therefor; to change the provisions relating to disciplinary sanctions, grounds, procedures, and penalties; to change the procedure upon accusation or violation; to change sanctions, standards, and procedures relating to the practice of dental hygiene; to change provisions relating to the records of hearings and judgments and the right of certiorari; to provide for penalties for the unlicensed practice of dental hygiene; 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 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, is amended by striking in its entirety subsection (a) of Code Section 43-11-13, relating to signing and service of orders and subpoenas, and substituting in its place a new subsection (a) to read as follows: (a) It shall be the duty of the several sheriffs, their deputies, and the constables to serve any and all lawful orders and subpoenas of the board. The board may also appoint any other person to serve any decision, order, and subpoena of the board, which person's duty it shall be to execute the same. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 43-11-17, relating to those acts which constitute the practice of dentistry, and inserting in its place a new subsection (a) to read as follows:

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(a) Any person who charges a fee or salary or any other reward, whether paid or unpaid to anyone directly or indirectly, for operations or parts of operations of any kind in the treatment of diseases or lesions of the human mouth, teeth, gums, or jaws; extracts teeth or attempts to correct the malposition thereof; fills or crowns a human tooth or teeth; does any operation whatsoever on the human mouth, teeth, gums, or jaws; examines any human mouth, teeth, gums, or jaws or takes an impression thereof for the purpose of treating or operating upon the same; makes or repairs appliances usable on teeth or as teeth unless such appliances are ordered by and returned to a licensed dentist; undertakes to do or perform any physical evaluation of a patient in his office or in a hospital, clinic, or other medical or dental facility prior to, incident to, and appropriate to the performance of any dental services or oral or maxillofacial surgery; diagnoses dental radiographs or makes radiographs except for use by a licensed dentist or a licensed physician; or by any means whatsoever makes it known or implies that he will do such operations shall be held to be practicing dentistry. Section 3 . Said chapter is further amended by striking in its entirety Code Section 43-11-42, relating to reciprocity, and substituting in its place a new Code Section 43-11-42 to read as follows: 43-11-42. (a) The board may issue, in its discretion, without examination, a teacher's license to dentists holding a dental license from another state for the sole purpose of teaching or demonstrating dentistry in a regularly licensed dental college or clinic in the state. (b) The board may issue, in its discretion, without examination, a license to dentists for the sole purpose of practicing public health dentistry in an official staste or a local health department or to render dental services to patients in state operated eleemosynary or correctional institutions, provided that these dentists possess a license in another state and have graduated from an accredited school of dentistry. Such license shall be considered to be a temporary license which shall be valid for a period to be established by board rule. (c) The cost of such teacher's or public health/temporary license shall be established by the board. (d) The board may also, in its discretion, enter into an agreement with any similar board of any other state to the effect that each party to such agreement, under the conditions therein stipulated, will

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grant licenses to practicing dentists on the basis of a license having been granted by the other party to the agreement. (e) Any license issued under this Code section shall be subject to the disciplinary standards and procedures set forth in Code Section 43-11-47. Section 4 . Said chapter is further amended by striking in its entirety Code Section 43-11-44, relating to registration with the clerk of the superior court, which reads as follows: 43-11-44. All persons licensed to practice dentistry shall cause their licenses to be registered by the clerk of the superior court in the county or counties in which they may desire to practice dentistry before beginning such practice. Anyone who does not desire to practice dentistry immediately upon the issuance of a license to him shall, if a resident of this state, cause the same to be registered in the office of the clerk of the superior court in the county of his residence and, if a nonresident, in the office of the clerk of the Superior Court of Fulton County. Should such persons subsequently desire to practice dentistry in this state, they shall, before the beginning of such practice, cause their licenses to be registered in the county or counties in which they desire to practice. All persons to whom licenses are granted shall register the same as provided in this Code section within six months from the date of issuance thereof, whether practicing or not, and pay the clerk of the superior court the established fee for such service. The failure of anyone to register his license shall work a forfeiture thereof, and the same shall become null and void but may be restored by paying to the joint-secretary a fee in an amount established by the board. Section 5 . Said chapter is further amended by striking in its entirety Code Section 43-11-45, relating to certificates for registration of licenses to practice dentistry, which reads as follows: 43-11-45. The board shall prescribe a form of certificate for registration with the clerk of the superior court, and a copy shall be furnished anyone by the joint-secretary upon demand, upon payment of a fee of 50. Section 6 . Said chapter is further amended by striking in its entirety Code Section 43-11-47, relating to the revocation or suspension of licenses, and substituting in its place a new Code Section 43-11-47 to read as follows:

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43-11-47. (a) The board shall have the authority to refuse to grant a license to an applicant or to revoke the license of a dentist licensed by the board or to discipline a dentist licensed under this chapter or any antecedent law upon a finding by a majority of the entire board that the licensee or applicant has: (1) Failed to demonstrate the qualifications or standards for a license contained in this chapter or in the rules and regulations issued by the board, pursuant to specific statutory authority; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of dentistry or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice dentistry; or made a false statement or deceptive annual registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or county or in the courts of the United States; as used in this subsection, the term `felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this subsection, the term `conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where: (A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or

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(C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of the `Georgia First Offender Act' or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his license to practice dentistry revoked, suspended, or annulled by any lawful licensing dental authority other than the board; or had other disciplinary action taken against him by any lawful licensing dental authority other than the board; or was denied a license by any lawful licensing dental authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any lawful licensing dental authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice dentistry, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of dentistry but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing dental practice; (7) Engaged in the practice of dentistry as an officer or employee of any corporation other than one organized and existing pursuant to Chapter 10 of Title 14, the `Georgia Professional Association Act,' or Chapter 7 of Title 14, the `Georgia Professional Corporation Act,' except as a licensed dentist or an intern or resident of a hospital or teaching institution licensed by this state; (8) Used any trade name or corporate name in connection with the practice of dentistry except as authorized by this paragraph, provided that the board shall be notified in writing of the intended use of a trade name or corporate name; the party submitting such name shall be notified in writing within 90 days

Page 1394

after submission as to the approval or rejection of the proposed name; if the proposed name is rejected, the party submitting same shall have 15 days from receipt of notice of the rejection to submit a new proposal or to appear before the board; the board shall have the authority to reject, in its discretion, and without a hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' any proposed name which is misleading to the public or confusingly similar to other names having been approved by the board; the board shall not reject any proposed name without reasonable cause; the fact that the name to be used is not the name of the party or parties giving notice shall not be grounds to reject the proposed name; no name rejected for any party shall be approved for any other party without reasonable cause; and the board shall be authorized to promulgate rules and regulations to carry out the purposes of this paragraph; (9) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to practice dentistry or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (10) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regulates the practice of dentistry, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (11) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; (12) Displayed an inability to practice dentistry with reasonable skill and safety to patients or has become unable to practice dentistry with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other

Page 1395

type of material, or as a result of any mental or physical condition. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing dentistry in this state, or shall file an application for a license to practice dentistry in this state, shall be deemed to have given his consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure is due to circumstances beyond his control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing dentistry under this subsection shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he can resume or begin the practice of dentistry with reasonable skill and safety to patients; (13) Failed to register with the joint-secretary as required by law. It shall be the duty of every licensee to notify the board of any change in his address of record with the board; provided, however, that for a period established by the joint-secretary after failure to register a license may be reinstated by payment of a registration fee to be determined by the board by rule and by filing of a special application therefor. After this period has elapsed, a license may be revoked for failure to register and for failure to pay the fee as provided by law, provided that a registered or certified letter has been sent to the dentist informing him that this action is pending, in time for him to make payment. Any license revoked under the terms of this Code section may be reinstated only upon an applicant's taking the examination required by Code Section 43-11-40 and paying the fees prescribed by law therefor; (14) Engaged in the excessive prescribing or administering of drugs or treatment or the use of diagnostic procedures which are detrimental to the patient as determined by the customary practice and standards of the local community of licensees; or knowingly prescribed controlled drug substances or any other medication

Page 1396

without a legitimate dental purpose; or knowingly over-prescribed controlled drug substances or other medication, in light of the condition of the patient at the time of prescription; or (15) Knowingly made any fraudulent, misleading, or deceptive statement in any form of advertising or made any statement in any advertisement concerning the quality of the dental services rendered by that dentist or any dentist associated with him. For purposes of this paragraph, `advertising' shall include any information communicated in a manner designated to attract public attention to the practice of the licensee. (b) The provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' with respect to emergency action by the board and summary suspension of a license are adopted and incorporated by reference into this chapter. (c) For purposes of this Code section, the board may obtain, and is authorized to subpoena, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board. (d) 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: (1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; or

Page 1397

(6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct. (e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, 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 on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (f) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (g) In its discretion, the board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this chapter. (h) (1) The joint-secretary of the state examining boards is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The joint-secretary or his appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of dentistry may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the joint-secretary, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.

Page 1398

(3) All records relating to any patient of a licensee who is the subject of a board inquiry shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a patient shall be reviewed in camera and shall not be disclosed to the public. (4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant. (i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provision 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 dentist, dental hygienist, or dental assistant or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceedings involving 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 dentist or a dental hygienist shall be immune from civil and criminal liability for so testifying. (j) Neither a denial of a license on grounds other than those enumerated in subsection (a) nor the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license nor the denial of an application to use a particular corporate or trade name shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; notice and hearing within the meaning of said Act shall not be required, but the applicant or licensee shall be allowed to appear before the board if he so requests; (k) If any licensee or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended

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decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail, return receipt requested, to the last known address of record with the board. If such material is returned marked `unclaimed' or `refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the joint-secretary shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the joint-secretary shall be deemed to be service upon the licensee or applicant; (l) The voluntary surrender of a license shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of the board; (m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, or other associations of any kind whatsoever; (n) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules of law with respect to distance, tender of fees and expenses, and protective orders; provided, further, any motion made with respect thereto shall be made to and passed on by a judge of the superior court of the residence of the person to whom the subpoena is directed. Section 7 . Said chapter is further amended by striking in its entirety Code Section 43-11-48, relating to procedure upon accusation or violation, and substituting in its place a new Code Section 43-11-48 to read as follows: 43-11-48. (a) Proceedings under this chapter may be initiated by the board upon its own motion or upon receipt of a signed written complaint. A board member who forwards a complaint to the attention of the board shall not participate in any further disciplinary proceedings with respect to such applicant or licensee. Disposition of `contested cases,' within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' shall be governed by said Act. (b) A record of all hearings, decisions, and orders shall be kept for the board by the joint-secretary.

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Section 8 . Said chapter is further amended by striking in its entirety Code Section 43-11-72, relating to suspension or revocation of licenses of dental hygienists, and substituting in its place a new Code Section 43-11-72 to read as follows: 43-11-72. The board shall have the authority to sanction the license of any licensed dental hygienist in this state based upon any ground or violation enumerated in Code Section 43-11-47 in accordance with the sanctions, standards, and procedures set forth therein, or for violation of Code Section 43-11-74 or any other law or rule relating to the practice of dental hygiene, in accordance with the sanctions, standards, and procedures set forth in Code Section 43-11-47. Section 9 . Said chapter is further amended by striking in its entirety Code Section 43-11-73, relating to record of hearings and judgments, which reads as follows: 43-11-73. A record of all hearings and judgments under this article shall be kept by the board and, in event of suspension or revocation of a license, the board within ten days shall transmit a certified copy of the judgment to the clerk of the superior court of the county or counties in which the license of the licensee affected is recorded. In case of suspension or revocation of a license by the board, the party affected shall have the right of certiorari to the superior court in the county of his residence as is provided by the laws of this state. Section 10 . Said chapter is further amended by adding at the end a new Code Section 43-11-76, relating to the practice of dental hygiene without a license, to read as follows: 43-11-76. Any person who engages in the practice of dental hygiene without first having obtained a license therefor shall be guilty of a misdemeanor. Section 11 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983.

Page 1401

OFFICE OF COMMISSIONER OF VETERANS SERVICE CREATED, ETC. Code Title 38, Chapter 4 Amended. Code Title 43, Chapter 12 Amended. Code Section 45-7-4 Amended. No. 527 (House Bill No. 25). AN ACT To amend the Official Code of Georgia Annotated so as to change the term director of veterans service to commissioner of veterans service wherever the same shall appear in the Code; to change the term director to commissioner wherever the same shall appear in the Code in reference to the Department of Veterans Service; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article IV, Section V, Paragraph I, subparagraph (b) of the Constitution of the State of Georgia. Section 2 . The Official Code of Georgia Annotated is amended by striking in its entirety Code Section 38-4-1, relating to the Department of Veterans Service and the Veterans Service Board, and inserting in lieu thereof a new Code Section 38-4-1 to read as follows: 38-4-1. (a) There is created within the state government a Department of Veterans Service. The Department of Veterans Service shall be administered by a commissioner of veterans service and a Veterans Service Board comprised of seven members appointed by the Governor. The commissioner of veterans service shall be the executive officer of the department and shall be charged with the administrative responsibilities of the department in conformity with the orders, rules, and regulations of the Veterans Service Board. The original appointments of the members of the board shall be for terms of one, two, three, four, five, six, and seven years, respectively. Except in cases of vacancy, all terms and appointments of members of the Veterans Service Board after the original appointments shall be for

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seven years. No person shall be appointed to the Veterans Service Board and no person shall be eligible for the office of commissioner of veterans service except persons who have honorably served not less than three months in the armed services of the United States during a war in which the United States was engaged. All persons serving as members of the board or as commissioner under the terms of this article shall be residents of this state for a period of five years unless they were residents of this state at the time they volunteered, enlisted, or were inducted in the armed services of the United States. There shall be a chairman, vice-chairman, and secretary of the Veterans Service Board annually elected from among its own membership. (b) The members of the Veterans Service Board shall be confirmed by the Senate. All members of the board and the commissioner of veterans service shall hold office until their successors are appointed and qualified. Any appointment of a member of the board for a full term made when the Senate is not in session shall be effective only until the same is acted upon by the Senate. (c) As used in this article, the term `commissioner' shall mean the `commissioner of veterans service.' Section 3 . Said Code is further amended by striking in its entirety Code Section 38-4-3, relating to duties of the Department of Veterans Service, and inserting in lieu thereof a new Code Section 38-4-3 to read as follows: 38-4-3. (a) The Department of Veterans Service and all officers and employees thereof shall work consistently and diligently in all matters and particularly shall undertake to conduct an educational program for the information of veterans, their surviving spouses, and dependents, as to any and all rights accruing to such veterans under national, state, and local law. The commissioner of veterans service and the members of the board are directed to conduct educational programs by making personal appearances before veterans' organizations, service clubs, fraternal groups, and other such organizations so as to acquaint the public generally with the work of the department and the rights and privileges of veterans. (b) The commissioner of veterans service, the board, and the department are authorized and directed to make available in any regions, locations, and areas throughout this state representatives of

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the department to assist veterans, surviving spouses, and dependents in the preparation and filing of claims for benefits and in acquainting them with all legal rights and privileges. Section 4 . Said Code is further amended by striking in its entirety Code Section 38-4-5, relating to meetings of the Veterans Service Board, and inserting in lieu thereof a new Code Section 38-4-5 to read as follows: 38-4-5. The Veterans Service Board shall meet once each month in the offices of the Department of Veterans Service and at the meetings shall give attention to all things and matters properly coming under the jurisdiction of the board. The meetings provided for in this Code section shall be for stated regular periods but shall not exceed more than two days in any one session. Called meetings of the board may be held by the chairman thereof or by the commissioner of veterans service. Section 5 . Said Code is further amended by striking in its entirety Code Section 38-4-6, relating to the Veterans Service Board, and inserting in lieu thereof a new Code Section 38-4-6 to read as follows: 38-4-6. (a) The Veterans Service Board shall recommend to the commissioner matters of policy, procedure, and work projects. (b) The board shall select a commissioner of veterans service, who shall serve for a term of four years and who shall be chief executive and administrative official of the department and the board. The board, however, at any time for good and sufficient cause, properly shown, may dispense with the services of the commissioner after notice has been given to the commissioner and a hearing has been held before the board, at which hearing the commissioner shall be heard in person, by counsel, or both. No person who serves as commissioner shall be eligible, except as provided in subsection (c) of this Code section, to run as a candidate in any primary, special, or general election for any state or federal elective office nor to hold any such office, except as provided in subsection (c) of this Code section, during the time he serves as commissioner and for a period of 12 months after the date he ceases to serve as commissioner. (c) Notwithstanding subsection (b), nothing contained in this Code section shall prevent the commissioner from being appointed to

Page 1404

any such office nor disqualify the commissioner to run in any such elections to succeed himself in any office to which he might have been appointed nor to hold such office in the event he is elected thereto and qualifies under the requirements of law. Section 6 . Said Code is further amended by striking in its entirety Code Section 38-4-7, relating to the executive and administrative officer of the Department of Veterans Service, and inserting in lieu thereof a new Code Section 38-4-7 to read as follows: 38-4-7. (a) The commissioner shall be compensated as provided in Code Section 45-7-4. The compensation shall be paid in semimonthly installments. (b) The commissioner, as executive and administrative officer of the Department of Veterans Service and the board, shall be in charge of the administration of all matters pertaining to veterans' affairs under this article and in conformity with rules and regulations of the board. (c) It shall be the duty of the commissioner: (1) To effectuate and carry out the laws of the state pertaining to veterans and to perform the duties required of him by law and by regulation of the board; (2) To furnish information to all veterans of all wars in which the United States has engaged as to their rights and benefits under federal legislation, state legislation, or local ordinances; (3) To assist all veterans, their dependents, and beneficiaries in the preparation and prosecution of claims before appropriate federal governmental departments; (4) To report any evidence of incompetency, dishonesty, or neglect of duty on the part of any employee of a governmental agency dealing with veterans' affairs to the proper authority; and (5) Generally to do and perform all things for the promotion of, in the interest of, and for the protection of the veterans of this state as to their rights under all federal and state laws.

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Section 7 . Said Code is further amended by striking in its entirety Code Section 38-4-8, relating to duties of the director of veterans service, and inserting in lieu thereof a new Code Section 38-4-8 to read as follows: 38-4-8. The commissioner of veterans service shall, in addition to the duties provided in this chapter: (1) Acquaint himself, his assistants, and employees with the laws, federal, state, and local, enacted for the benefit of members of the armed forces, veterans, their families and dependents, and make studies of and collect data and information as to the facilities and services available to them; (2) Cooperate with information or service agencies and organizations throughout the state in disseminating and furnishing counsel and assistance of benefit to residents of this state who are or have been members of the armed forces, their families, and dependents, which will show the availability of: (A) Educational training and retraining facilities; (B) Health, medical, rehabilitation, and housing services and facilities; (C) Employment and reemployment services; (D) Provisions of federal, state, and local laws affording financial rights, privileges, and benefits; and (E) Other matters of similar, related, or appropriate nature; (3) Assist veterans, their families, and dependents in the preparation, presentation, proof, and establishment of such claims, privileges, rights, and other benefits accruing to them under federal, state, and local laws; and (4) Cooperate with all national, state, and local governmental and private agencies securing or offering services or any benefits to veterans, their families, and dependents.

Page 1406

Section 8 . Said Code is further amended by striking in its entirety Code Section 38-4-9, relating to personnel within the Department of Veterans Service, and inserting in lieu thereof a new Code Section 38-4-9 to read as follows: 38-4-9. The commissioner of veterans service is authorized and directed to employ competent personnel to assist in the administration of the Department of Veterans Service. The commissioner shall give reasonable preference to veterans, their surviving spouses, and dependents in the matter of employment in the department; provided, however, that competency and efficiency shall not be sacrificed because of veteran affiliation, relationship, or service. It shall be the duty of the commissioner to advise the Governor, the Veterans Service Board, and the General Assembly as to needed veterans' legislation. As executive officer, the commissioner shall have exclusive authority to employ personnel necessary to carry out the purposes of this article and shall define the duties of employees, assign their official stations, and fix their compensation subject to the state merit system. Section 9 . Said Code is further amended by striking in its entirety Code Section 38-4-10, relating to services of the Department of Veterans Service, and inserting in lieu thereof a new Code Section 38-4-10 to read as follows: 38-4-10. The commissioner of veterans service shall exercise broad discretion in extending to veterans the aid and assistance provided by law and shall extend the services of the Department of Veterans Service so as to make available to all veterans the aid and services contemplated by law. In rendering the services required, the commissioner is authorized and empowered to advance consistently the interests of veterans of this state and to extend the Department of Veterans Service to its full limit of appropriations and funds provided by law. Section 10 . Said Code is further amended by striking in its entirety Code Section 38-4-11, relating to annual reports furnished by the director of veterans service, and inserting in lieu thereof a new Code Section 38-4-11 to read as follows: 38-4-11. The commissioner of veterans service shall furnish to the Governor, the members of the General Assembly, the Veterans Service Board, veterans' organizations, and the public generally an

Page 1407

annual report with reference to claims presented on behalf of veterans of this state, concerning veterans aided under federal, state, or local legislation, and otherwise to report the activities and accomplishments of the Department of Veterans Service. Section 11 . Said Code is further amended by striking in its entirety Code Section 38-4-12, relating to records maintained by the director of veterans service, and inserting in lieu thereof a new Code Section 38-4-12 to read as follows: 38-4-12. Subject to other laws, the commissioner shall maintain full, adequate, and complete copies of all records pertaining to claims of veterans who file claims for veterans' benefits through the Department of Veterans Service. Section 12 . Said Code is further amended by striking in its entirety Code Section 38-4-36, relating to the provision of facilities and personnel to the Department of Veterans Service, and inserting in lieu thereof a new Code Section 38-4-36 to read as follows: 38-4-36. In executing this part, the Governor may direct any department, division, board, bureau, commission, or other administrative agency of the state to provide such facilities, including personnel, materials, assistance, information, and data as will enable the Department of Veterans Service or the commissioner properly to utilize the same in performance of the duties prescribed by this part. Section 13 . Said Code is further amended by striking in its entirety Code Section 43-12-1, relating to disabled veterans and blind persons, and inserting in lieu thereof a new Code Section 43-12-1 to read as follows: 43-12-1. Subject to the limitations provided in this chapter, the following classes of persons may peddle, conduct business, or practice the professions and semiprofessions in any county or municipality in this state without paying a license for the privilege of so doing, provided such person receives a certificate of exemption issued by the commissioner of veterans service: (1) Any disabled veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under States command or otherwise;

Page 1408

(2) Any blind person; or (3) Any veteran of peace-time service in the United States armed forces who has a physical disability incurred during the period of such service. Section 14 . Said Code is further amended by striking in its entirety Code Section 43-12-3, relating to peddling by disabled veterans, and inserting in lieu thereof a new Code Section 43-12-3 to read as follows: 43-12-3. All persons within the groups enumerated in Code Section 43-12-1 seeking a certificate of exemption from the payment of a license for peddling, conducting a business, or practicing a profession or semiprofession must first make application to the judge of the probate court of the county in which he resides for a certificate of eligibility. Each applicant shall make an affidavit before the judge of the probate court that he is not subject to payment of any income taxes to this state. Upon receipt of the evidence required in Code Section 43-12-2 and the execution of the affidavit required by this Code section, the judge of the probate court shall issue a certificate of eligibility stating that the applicant has furnished the proof required for the issuance of a certificate of exemption required by the commissioner of veterans service. Section 15 . Said Code is further amended by striking in its entirety Code Section 43-12-4, relating to peddling by disabled veterans, and inserting in lieu thereof a new Code Section 43-12-4 to read as follows: 43-12-4. All persons eligible for a certificate of exemption to be issued by the commissioner of veterans service shall state in their application filed with the commissioner of veterans service the kind of business to be operated and the place where such business is proposed to be carried on; and only the business described in the application shall be exempt from the payment of state, county, and municipal business or occupation license taxes. No person shall operate in his own name any other business than that described in his application filed with the commissioner of veterans service. Section 16 . Said Code is further amended by striking in its entirety Code Section 43-12-5, relating to peddling by disabled veterans, and inserting in lieu thereof a new Code Section 43-12-5 to read as follows:

Page 1409

43-12-5. The certificates of eligibility issued by any of the judges of the probate courts of this state shall be prima-facie evidence of the right of the holder thereof to a certificate of exemption to be issued by the commissioner of veterans service. However, the commissioner of veterans service may require additional proof when he has reason to believe that any applicant is not entitled to the exemptions provided for in this chapter. The commissioner of veterans service shall make and prescribe reasonable rules and regulations not inconsistent with this chapter governing the issuance of certificates of exemption. Section 17 . Said Code is further amended by striking in its entirety Code Section 43-12-6, relating to peddling by disabled veterans, and inserting in lieu thereof a new Code Section 43-12-6 to read as follows: 43-12-6. The commissioner of veterans service may cancel or suspend certificates of exemption at any time when it shall appear that the holder has become physically or financially ineligible to claim the exemption, that the certificate of exemption was procured through fraud or mistake, or that the person to whom such certificate was issued has permitted another to enjoy the benefits of such exemption. Any suspension or cancellation of the certificate of exemption may be made only after affording the person concerned an opportunity to be heard either by counsel or pro se. Service of ten days' written notice of the time and place the commissioner of veterans service expects to hear and determine the question of such suspension or cancellation shall be deemed sufficient notice when delivered by registered or certified mail or by any sheriff, deputy sheriff, marshal, constable, or police officer of any county or municipality of this state; and evidence of such service shall be deemed sufficient on proof of the receipt by the person concerned of the registered or certified item in which notice has been mailed or the return of service of any other officer. Section 18 . Said Code is further amended by striking in its entirety Code Section 43-12-7, relating to duties of the director of veterans service with respect to peddling by disabled veterans, and inserting in lieu thereof a new Code Section 43-12-7 to read as follows: 43-12-7. The commissioner of veterans service, upon request of the mayor or other executive officer of any municipality of this state, shall furnish such municipality with information as to the payment of income taxes by applicants for exemption under this chapter.

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Section 19 . Said Code is further amended by striking in its entirety Code Section 43-12-9, relating to peddling by disabled veterans, and inserting in lieu thereof a new Code Section 43-12-9 to read as follows: 43-12-9. No person receiving a certificate of exemption from the commissioner of veterans service shall allow the use of his name or the use of his certificate by any other person for carrying on any business or profession in this state for the purpose of avoiding any tax levied by the state or any county or municipality in this state. Any person allowing his certificate of exemption to be used in violation of this Code section shall be subject to having his certificate canceled by the commissioner of veterans service. Any person attempting to operate any business or profession under a certificate of exemption issued under this chapter who is not the true and lawful holder of such certificate shall be guilty of a misdemeanor. Section 20 . Said Code is further amended by striking from subsection (a) of Code Section 45-7-4, relating to salaries and fees of certain state officials, the following: (15) Director of veterans service 38,400.00 The salary for the director of veterans service shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount received from the United States government., and inserting in lieu thereof the following: (15) Commissioner of veterans service 38,400.00 The salary of the commissioner of veterans service shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount received from the United States government.

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Section 21 . This Act shall become effective July 1, 1983. Section 22 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. REAL ESTATE BROKERS AND SALES PERSONSLICENSE FEESRENEWEL OF LICENSES, ETC. Code Title 43, Chapter 40 Amended. No. 528 (House Bill No. 71). AN ACT To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to change certain provisions relating to real-estate license fees and renewal of real estate licenses; to change certain provisions relating to suspension and revocation of such licenses; to change certain provisions relative to trust accounts; to change certain requirements for maintaining actions; to change certain provisions relating to the imposition of sanctions by the Georgia Real Estate Commission for violations; to change the provisions relating to violations by realestate licensees, schools, and instructors; to change certain provisions relating to investigations by the Georgia Real Estate Commission; to provide for reactivation of certain salespersons' licenses which have lapsed; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is

Page 1412

amended by striking subsections (f) and (i) of Code Section 43-40-12, relating to real-estate license fees, and inserting in their respective places new subsections (f) and (i) to read as follows: (f) Any licensee 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. Any licensee who has passed an examination administered by or approved by the commission, and who has allowed his active license to lapse for a period longer than two years due solely to a failure to pay a renewal fee may reinstate that license 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 and by successfully completing any resident educational course or courses which the commission may require. Any licensee whose license has lapsed for longer than two years and who reactivates it under the terms of this paragraph shall thereafter be subject to the continuing education requirements of subsection (d) of Code Section 43-40-8. (i) Any check which is presented to the commission as payment for any fee which the commission is permitted to charge under this chapter and which is returned unpaid may be cause for denial of license or for imposing any sanction permitted under Code Section 43-40-25. Section 2 . Said chapter is further amended by striking subsection (e) of Code Section 43-40-15, relating to granting or revoking real-estate licenses, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) The conduct provided for in subsections (a), (b), and (c) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for suspension or revocation of a license under this chapter when the conduct is that of a licensed real estate agent under this chapter., and by adding at the end of Code Section 43-40-15 a new subsection, to be designated subsection (f), to read as follows: (f) If a licensee:

Page 1413

(1) Voluntarily surrenders his license to the commission; (2) Allows his license to lapse due to failure to meet educational requirements provided by law; or (3) Allows his license to lapse due to failure to pay any required fees after the commission has filed a notice of hearing alleging that such licensee has violated any provision of this chapter but before the commission enters a final order in the matter, then upon submission of a new application by such licensee the matters asserted in the notice of hearing shall be deemed admitted and may be used by the commission as grounds for refusal of a new license to such licensee. Section 3 . Said chapter is further amended by adding at the end of Code Section 43-40-20, relating to requirements of trust or escrow checking accounts for real estate business, a new subsection, to be designated subsection (h), to read as follows: (h) The commission, in its discretion, may allow a nonresident broker to maintain the trust account required in subsection (a) of this Code section in a bank of such nonresident broker's state of residence, provided that the commission is authorized to examine the account at such time or times as the commission may elect and that the licensee meets the requirements of any rules which the commission may establish regarding the maintenance of such accounts. Section 4 . Said chapter is further amended by striking Code Section 43-40-24, relating to the requirements for maintaining certain actions, and inserting in lieu thereof a new Code Section 43-40-24 to read as follows: 43-40-24. (a) No person 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 he was a licensed broker at the time the alleged cause of action arose. (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.

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(c) No broker shall bring or maintain any action against another broker nor shall any associate broker or salesperson bring or maintain any action against the broker holding his or her license for the collection of compensation under this chapter without alleging and proving that he or she was a licensee at the time the alleged cause of action arose. (d) The commission by and through its commissioner may bring an action for any violation of this chapter. Section 5 . Said chapter is further amended by striking Code Section 43-40-25, relating to violations by real estate licensees, schools, or instructors, in its entirety and inserting in lieu thereof a new Code Section 43-40-25 to read as follows: 43-40-25. (a) After holding a hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the commission shall have the power to censure licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke or suspend approval of any school or instructor; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate, whenever a license, school, or instructor approval has been obtained by false or fraudulent representation or whenever a licensee, approved school, or instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following: (1) Refusing, because of race, color, national origin, or ethnic group, to show, sell, or rent any real estate for sale or rent to prospective purchasers or renters; (2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted; (3) Failing to account for and remitting any money coming into his possession which belongs to others;

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(4) Commingling the money or other property of his principals with his own; (5) Failing to maintain and deposit in a separate, noninterest-bearing checking account all money received by said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing; (6) Accepting, giving, or charging any undisclosed commission, rebate, direct profit, or expenditures made for a principal; (7) Representing or attempting to represent a real estate broker, other than the broker holding his license, without the express knowledge and consent of the broker holding his license; (8) Accepting a commission or other valuable consideration by an associate broker or salesman from anyone other than the broker holding his license without the consent of the broker holding his license; (9) Acting in the dual capacity of agent and undisclosed principal in any transaction; (10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property; (11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or his authorized agent and failing to remove such sign within ten days after the expiration of listing; (12) Offering real estate for sale or lease without the knowledge and consent of the owner or his authorized agent or on terms other than those authorized by the owner or his authorized agent; (13) Inducing any party to a contract of sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract with another principal; (14) Negotiating a sale, exchange, or lease of real estate directly with an owner or lessor if he knows that such owner has a

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written outstanding contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker; (15) Accepting employment or compensation for appraising real estate, contingent upon the reporting of a predetermined value or issuing an appraisal report on real estate in which he has an undisclosed interest; (16) Soliciting, selling, or offering real estate for sale by offering free lots or conducting lotteries for the purpose of influencing a purchaser or prospective purchaser of real estate; (17) Paying a commission or compensation to any person for performing the services of a real estate broker, associate broker, or real estate salesman who has not first secured his license under this chapter or is not cooperating as a nonresident who is licensed in his state of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions to the estate or heirs of a deceased real estate broker, associate broker, or real estate salesperson when such deceased real estate broker, associate broker, or real estate salesperson had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death; (18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal; (19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller; (20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller, or failure to deliver to the buyer a complete statement showing all money received in said transaction from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in his files;

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(21) Making any substantial misrepresentations; (22) Acting for more than one party in a transaction without the knowledge of all parties for whom he acts; (23) Failure of an associate broker or salesman to place, as soon after receipt as is practicably possible, in the custody of the broker holding his license any deposit money or other money for funds entrusted to him by any person dealing with him as the representative of his licensed broker; (24) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists; (25) Having demonstrated unworthiness or incompetency to act as a real estate broker or salesman in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing; (26) Obtaining an exclusive listing or sales contract from any owner, knowing or having reason to believe that another broker has an exclusive listing on the property, unless he has written permission from the broker having the first exclusive listing; (27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, and other documents relating to real estate closings or failing to produce documents at the reasonable request of the commission or any of its agents for their inspection; (28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; (29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker;

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(30) Failure of a licensee who prepares any written offer to buy, sell, lease, rent, or exchange real property to include in any such written offer or accepted written offer a description of the property involved or a method of payment; or (31) Failure of a licensee who secures a signature denoting acceptance of any written offer to buy, sell, lease, rent, or exchange real property to cause the signer to include the date of acceptance of said offer. (b) When a licensee has previously been sanctioned by the commission or by any other state's real estate brokerage licensing authority, the commission, through its hearing officers, may consider any such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the individual's license after a hearing. Section 6 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-40-27, relating to investigations by the Georgia Real Estate Commission, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The commission may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any applicant for licensure, real estate broker, associate broker, salesperson, or real estate courses and instructors approved by the commission. Except for investigations of applicants for licensure, investigations of allegations of fraudulent conduct or of mishandling of funds held in a fiduciary capacity, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the commission shall not initiate an investigation on its own motion or investigate a licensee's activity as the result of a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within three years of the initiation of the investigation. Section 7 . Said chapter is further amended by adding following Code Section 43-40-30.1, relating to employer-employee and broker-independent

Page 1419

contractor relationships, a new Code section, to be designated Code Section 43-40-30.2, to read as follows: 43-40-30.2. Notwithstanding the provisions of subsection (f) of Code Section 43-40-12, any real estate salesperson whose license has lapsed for a period not to exceed six years due solely to the failure to pay renewal fees may reactivate that license by the payment of the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed, by the payment of a reactivation fee, and by meeting all continuing education requirements provided by this chapter or by rule of the board; provided, however, any real estate salesperson reactivating his license pursuant to this Code section must do so not later than May 15, 1983. Section 8 . (a) Except as provided in subsection (b) of this section, this Act shall become effective July 1, 1983. (b) Section 7 of this Act shall become effective May 1, 1983. (c) Section 7 of this Act shall be repealed effective May 16, 1983. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. STATE COURTSJURISDICTIONQUALIFICATIONS AND COMPENSATION OF JUDGES, ETC.UNIFORMITY. Code Title 15, Chapter 7 Amended. No. 529 (House Bill No. 145). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for uniformity among the state

Page 1420

courts with regard to certain aspects of such courts; to provide for legislative intent; to provide a definition; to provide for the creation of state courts; to provide for applicability; to provide for jurisdiction; to provide for the compensation, qualifications, and elections of judges and solicitors of state courts; to provide that state court judges shall be subject to discipline, removal, and involuntary retirement by the Judicial Qualifications Commission; to provide for filling vacancies; to provide for certain powers and duties of state court judges, retired state court judges, and judges emeritus of state courts; to provide for sessions of court; to provide for the rules of practice and procedure to be followed in state courts; to provide for certain powers of state courts; to provide for juries; to provide that an accused in criminal proceedings in state courts shall not have the right to indictment; to provide for certain aspects of the administrative operation of state courts; to provide for a bond for clerks of state courts; to provide for the continued applicability of certain provisions of local laws; to provide that state courts shall not be subject to Chapter 8 of Title 15; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is the intent of this Act to implement certain changes required by Article VI of the Constitution of the State of Georgia. Section 2 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Chapter 7, relating to state courts of counties, in its entirety and substituting in lieu thereof a new Chapter 7 to read as follows: CHAPTER 7 ARTICLE 1 15-7-1. As used in this chapter, the term `state court' shall mean any court created pursuant to the provisions of this chapter or any court continued as a state court by Section X of Article VI of the Constitution of the State of Georgia.

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15-7-2. The General Assembly may by local law create a state court in any county or counties of this state in which there is no state court, and such court shall be the `State Court of (whatever county or counties in which the court is located).' 15-7-3. This chapter shall apply to and govern all state courts; and, unless otherwise provided in this chapter, in all cases in which there is a conflict between this chapter and the local law creating the state court, this chapter shall take priority and shall be controlling. 15-7-4. Each state court shall have jurisdiction, within the territorial limits of the county or counties for which it was created and concurrent with the superior courts, over the following matters: (1) The trial of criminal cases below the grade of felony; (2) The trial of civil actions without regard to the amount in controversy, except those actions in which exclusive jurisdiction is vested in the superior courts; (3) The hearing of applications for and the issuance of arrest and search warrants; (4) The holding of courts of inquiry; (5) The punishment of contempts by fine not exceeding $500.00 or by imprisonment not exceeding 20 days, or both; and (6) Review of decisions of other courts as may be provided by law. ARTICLE 2 15-7-20. (a) The General Assembly shall by local law establish the number of judges for each state court and shall establish whether the judge or judges shall be full-time judges or part-time judges. (b) Judges of the state court shall be elected by the qualified electors of the county or counties in which the court is located, shall be elected on a nonpartisan basis as provided by law, and shall serve for a term of four years.

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(c) Elections shall be held at the general election in the year in which the incumbent's term expires, and judges so elected shall take office on the first day of January following such election. The judges of the state courts shall be commissioned by the Governor and, before entering office, shall take the same oaths which judges of the superior courts must take. 15-7-21. (a) Each judge of the state court shall have been a resident of the geographic area in which he is selected to serve for three years next preceding the beginning of his term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for five years. (b) A full-time judge of the state court may not engage in the private practice of law. A part-time judge of the state court may engage in the private practice of law in other courts but may not practice in his own court or appear in any matter as to which that judge has exercised any jurisdiction. (c) Judges of the state courts shall be subject to discipline, removal, and involuntary retirement pursuant to Article VI of Section VII in paragraphs VI and VII of the Constitution of the State of Georgia. 15-7-22. Judges of the state courts shall be compensated from county funds as provided by local law. The county governing authority is authorized to supplement the compensation thus fixed to be paid to the judges of the state court of that county. 15-7-23. In the event of a vacancy in the office of judge of the state court for any reason except the expiration of the term of office, the Governor shall appoint a qualified person who shall serve as provided in Paragraphs III and IV of Section VII of Article VI of the Constitution. 15-7-24. (a) Unless otherwise provided by local law, there shall be a solicitor of each state court who shall be elected for a four-year term. The solicitors of the state courts shall be commissioned by the Governor and, before entering office, shall take the same oath which district attorneys of superior courts must take. Local law may provide for the number, selection, and salaries of assistant solicitors. An assistant district attorney may also serve as solicitor if local legislation so provides.

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(b) Each solicitor of the state court shall have been a resident of the geographic area in which he is selected to serve for one year next preceding the beginning of his term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for three years. (c) The General Assembly, by local law, shall determine whether the solicitor shall be a full-time or part-time solicitor. A full-time solicitor of the state court or any of his full-time employees may not engage in the private practice of law. A part-time solicitor of the state court may engage in the private practice of law but may not practice in his own court, or appear in any matter as to which that solicitor has exercised jurisdiction. (d) Solicitors of state courts shall be compensated from county funds as provided by local law. The county governing authority is authorized to supplement the compensation thus fixed to be paid to the solicitor of the state court of that county. (e) In the event of a vacancy in the office of solicitor of the state court for any reason except the expiration of the term of office, the Governor shall appoint a qualified person who shall serve as provided in Paragraphs III and IV of Section VII of Article VI of the Constitution. 15-7-25. (a) Except as otherwise provided in the Constitution of this state, a retired judge or judge emeritus of a state court shall be authorized to serve as judge of a state court upon the call of the judge of such court. When serving in such capacity, the retired judge or judge emeritus of the state court shall exercise the same jurisdiction, power, and authority as the regular judge of the court, as provided by general or local law. (b) 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. (c) Except as otherwise provided in the Constitution of this state, a judge of a state court shall be authorized to serve as judge of any other state court, but only upon the call of the judge of such other state court. When serving in a state court other than his own, the judge shall exercise the same jurisdiction, power, and authority as the regular judge of the court, as provided by general or local law.

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ARTICLE 3 15-7-40. The courts governed by this chapter shall be deemed always open for the disposition of matters properly cognizable by them; however, all trials on the merits shall be conducted at trial terms regularly prescribed by local laws, as now or hereafter amended, creating the individual courts. 15-7-41. The state courts shall be courts of record and shall have a seal; and the minutes, records, and other books and files that are required by law to be kept for the superior courts shall, in the same manner, so far as the jurisdiction of state courts may render necessary, be kept in and for such courts. 15-7-42. All trials on the merits shall be conducted in open court and, so far as convenient, in a regular courtroom. All other proceedings, hearings, and acts may be done or conducted by a judge in chambers and in the absence of the clerk or other court officials. The judge of the court may hear motions and enter interlocutory orders in all cases pending in the court over which he presides, in open court or in chambers. 15-7-43. (a) The general laws and rules of appellate practice and procedure which are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals from the state courts. (b) The general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in the state courts. (c) The general laws and rules applicable to the execution and enforcement of judgments in the superior courts of this state shall be applicable to and govern in the state courts. 15-7-44. (a) Procedure in attachment cases shall be subject to Chapter 3 of Title 18. (b) Procedure in garnishment cases shall be subject to Chapter 4 of Title 18. 15-7-45. All laws with reference to the number, composition, qualifications, impaneling, challenging, and compensation of jurors in

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superior courts shall apply to and be observed by state courts, except where in conflict with the terms of the Act creating such courts. 15-7-46. The accused in criminal proceedings in a state court shall not have the right to indictment by the grand jury of the county. 15-7-47. (a) Court reporting personnel shall be made available for the reporting of civil and criminal trials in state courts, subject to the laws governing same in the superior courts of this state. (b) Reporting of any trial may be waived by consent of the parties. (c) Appointment of a reporter or reporters for court proceedings in each court shall be made by the judge thereof; the compensation and allowances of reporters for the courts shall be paid by the county governing authority and shall be the same as that for reporters of the superior courts of this state. 15-7-48. Any person who serves as a clerk of any state court, as a qualification of holding his office, shall execute bond in the sum of $25,000.00 for the faithful performance of his duties as clerk, which amount may be increased by local Act. However, any clerk of a superior court who is also serving as clerk of a state court shall not be required to post a bond under this Code section; the bond given by the clerk of the superior court for the faithful performance of his duties shall also be conditioned on his faithful performance of his duties as clerk of the state court. ARTICLE 4 15-7-60. This chapter is not intended to repeal any local law creating a state court; and, to the extent any such local law does not conflict with the provisions of this chapter, such local law shall remain in full force and effect. 15-7-61. Courts which come under this chapter shall not be subject to Chapter 8 of this title. Section 3 . This Act shall become effective on July 1, 1983.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1983. HOSPITALS AND OTHER HEALTH CARE FACILITIES AUTHORIZED TO GRANT STAFF MEMBERSHIP TO PSYCHOLOGISTS. Code Title 31, Chapter 7, Article 8 Enacted. No. 530 (House Bill No. 507). AN ACT To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and health care facilities, so as to authorize medical facilities or institutions to grant staff membership and clinical privileges to certain licensed psychologists; to provide for the limitation, restriction, or revocation of such membership and privileges; to provide for criteria of training and experience; to provide for definitions relative to the foregoing; to provide for other matters relative to the foregoing; to provide for certain exemptions; to provide for legislative intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The General Assembly finds and declares that treatment of psychological problems of persons residing within the community would in some cases be advanced by temporary hospitalization. The interests of the people of this state demand that all appropriate resources, including inpatient facilities, be available to assist in the diagnosis, prevention, treatment, and amelioration of psychological problems and emotional and mental disorders. The General Assembly recognizes that psychology is an independent

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health profession as set forth and prescribed by the State Board of Examiners of Psychologists and Chapter 39 of Title 43 of the Official Code of Georgia Annotated. It is therefore the intent of the General Assembly, in enacting this Act, to authorize medical facilities and institutions, on local determination, to make psychological services available in an inpatient setting. Section 2. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and health care facilities, is amended by adding a new article immediately after Article 7, to be designated as Article 8, to read as follows: ARTICLE 8 31-7-160. As used in this article, the term `health service provider psychologist' means a licensed psychologist who meets the criteria of training and experience as provided in Code Section 31-7-162 in the delivery of direct, preventive assessment and therapeutic intervention services to individuals whose growth, adjustment, or functioning is actually impaired or is demonstrably at a high risk of impairment. 31-7-161. A medical facility or institution may provide for the appointment of health service provider psychologists on such terms and conditions as the medical facility or institution shall establish. Psychologists shall be eligible to hold membership and serve on committees of the medical or professional staff and may possess clinical privileges and carry professional responsibilities consistent with the scope of their licensure and their competence, subject to the reasonable rules of the medical facility or institution. 31-7-162. A health service provider psychologist shall meet the following criteria of training and experience: (1) The psychologist must be currently licensed by the State Board of Examiners of Psychologists; (2) The psychologist must be eligible to be listed in the National Register of Health Service Providers of Psychology or have completed not less than two years, with 1,500 hours each year, of supervised experience in health service of which at least one year is post doctoral and one year, which may be the post doctoral year, is in an organized health service training program;

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(3) A substantial portion of the supervised experience must be in an inpatient setting; and (4) Two supportive letters of recommendation from health service providers in psychology who are familiar with the applicant's work must be submitted to the medical facility or institution. 31-7-163. Nothing in this article shall prohibit a psychologist currently a member of a hospital staff or an employee of a hospital from continuing to work in that capacity. 31-7-164. Notwithstanding any other provision of this article, the exercise of privileges in any medical facility or institution may be limited, restricted, or revoked for reasons including, but not limited to, the violation of such medical facility's or institution's rules, regulations, or procedures which are applied, in good faith, in a nondiscriminatory manner to all practitioners in such medical facility or institution exercising such privileges or entitled to exercise such privileges. 31-7-165. When any health service provider psychologist is denied staff privileges or is removed from the medical or professional staff, such action shall be reported by the facility to the State Board of Examiners of Psychologists. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1983.

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MILITARY RECRUITERSACCESS TO STUDENT DIRECTORY INFORMATION IN PUBLIC SECONDARY SCHOOLS. Code Section 20-2-151.1 Enacted. No. 531 (House Bill No. 56). AN ACT To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to instructional services in public schools, so as to provide military recruiters with access to the campus and to student directory information in public secondary schools under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to instructional services in public schools, is amended by adding following Code Section 20-2-151 a new Code Section 20-2-151.1 to read as follows: 20-2-151.1. Any public school at the secondary level which provides access to the campus or to student directory information to persons or groups which make students aware of occupational or educational options shall provide access to the campus and student directory information on at least the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1983.

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RETAIL INSTALLMENT CONTRACTSFEES CHARGED FOR DISHONORED CHECKS OR DRAFTS. Code Section 10-1-7 Amended. No. 532 (House Bill No. 645). AN ACT To amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, so as to provide that a retail installment contract may provide for a fee to be charged to a buyer who submits a check, draft, or order for the payment of money which is dishonored by the drawee; 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 . Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, is amended by striking Code Section 10-1-7, relating to delinquency charges, and inserting in its place a new Code section to read as follows: 10-1-7. (a) A retail installment contract may provide for payment by the buyer of a delinquency charge on any installment which is not paid within ten days from the date the payment is due. Such charge may not exceed 5 percent of the installment or $5.00, whichever is less. A delinquent charge shall not be collected more than once for the same default. A retail installment contract or a revolving account may provide for the payment of reasonable attorneys' fees, if referred for collection to an attorney not a salaried employee of the retail seller, and for the payment of court costs. (b) A retail installment contract or a revolving account may provide that if the buyer submits to the retail seller as payment for an unpaid balance, or portion thereof, in that account or pursuant to that contract, a check, draft, or order for the payment of money on any bank or other depository, which check, draft, or order is not honored by the drawee, then a fee not to exceed $12.00 may be charged to the buyer and will be added to the unpaid balance on the

Page 1431

buyer's account if ten days have elapsed since the retail seller has mailed to the buyer at his last known address written notice of the failure to honor the check, draft, or order without the check, draft, or order having been made good. If a fee is charged under this subsection, then no delinquency charge shall be made as to the first installment which is in default but would not have been in default if the check, draft, or order had not been dishonored. A fee authorized by this Code section shall not be deemed to be time price differential, interest, or any other type of finance charge and shall not be included, in determining whether any limitations on time price differential, interest, or other finance charges have been exceeded. 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 in conflict with this Act are repealed. Approved March 31, 1983. LICENSES TO CARRY FIREARMSPERIOD OF VALIDITY, ETC. Code Section 16-11-129 Amended. No. 533 (House Bill No. 385). AN ACT To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry firearms, so as to change the period for which such licenses are valid; to provide that the judge of the probate court may require an applicant for such licese to sign a waiver authorizing certain hospitals to verify hospitalization of the applicant; to provide that the fingerprints of initial applicants shall be forwarded to the Federal Bureau of Investigation for the purpose of verifying eligibility; to provide for payment of certain

Page 1432

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 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry certain firearms, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-11-129 to read as follows: 16-11-129. (a) The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00, issue a license valid for a period of five years to residents of that county authorizing them to carry any pistol or revolver. Applicants shall submit the application for a license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license. Forms shall be designed to elicit information from the applicant pertinent to his eligibility under this Code section but shall not require nonpertinent or irrelevant data such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost. (b) No license shall be granted to: (1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11-126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a forcible felony and has not been free of all restraint or supervision in connection therewith for at least ten years or any person who has been convicted of a forcible misdemeanor or a nonforcible felony and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in

Page 1433

connection therewith for at least three years, immediately preceding the date of the application; or (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license. (c) (1) Following completion of the application the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then make two sets of classifiable fingerprints of the applicant for a license to carry a pistol or revolver, place the fingerprint required by subsection (f) of this Code section on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application. (2) In the case of each applicant who is applying for a license under this Code section for the first time, the judge of the probate court shall direct the law enforcement agency to transmit one set of the applicant's fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report. In such cases, the applicant shall submit an additional fee of not more than $12.00, payable in such form as the judge may direct, to cover the cost of the records search. (d) Each law enforcement agency, upon receiving such applications and obtaining such fingerprints, shall promptly conduct a thorough search of its records and records to which it has access and

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shall notify the judge of the probate court within 50 days, by telephone and in writing, of any findings relating to the applicant which may bear on his eligibility for a license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his eligibility to obtain a license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 days after the date of the application the judge of the probate court shall issue the applicant a license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications, is of good moral character, and has complied with all the requirements contained herein. (e) If, at any time during the period for which the license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon adjudication of falsification of application, mental incompetency, chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code Section 16-11-126, 16-11-127, or 16-11-128. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his official duties, shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his possession his valid license whenever he is carrying a pistol or revolver under the authority granted by this Code section, and his failure to do so shall be prima-facie evidence of a violation of Code Section 16-11-128. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. A fee of $3.00 shall be charged by the judge for such services.

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(f) Licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 inches long, and 2 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, actual residence address, birth date, weight, height, color of eyes, sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used but shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, the probate court in which issued, and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127. (g) A person who deliberately alters or counterfeits such a license card commits a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years. (h) Any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person must comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term `law enforcement officer' means any peace officer who is employed by the State of Georgia or any political subdivision thereof and who is required by the terms of his employment, whether by election or appointment, to give his full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs, deputy sheriffs, and conservation rangers. (i) (1) Any person who holds a license under this Code section to carry a pistol or revolver may, at the time he applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he then holds or if his previous license has expired within the last 30 days.

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(2) Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant. (3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue. (4) During its period of validity the temporary renewal permit, if carried on or about the holder's person together with the holder's previous license, shall be valid in the same manner and for the same purposes as a five-year license. (5) A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license. (6) A temporary renewal license may be revoked in the same manner as a five-year license. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1983.

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EXPLOITATION OF MINORS IN SEXUALLY EXPLICIT CONDUCT PROHIBITEDMINOR DEFINED. Code Title 16, Chapter 12 Amended. No. 534 (House Bill No. 429). AN ACT To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change the definition of minor as it relates to sexual exploitation of children; to define the term performance as it applies to the sexual exploitation of children; to make it unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance; to make it unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance; to change certain penalty provisions; to prohibit the sale, loan, or exhibition of certain material to minors; to provide for legislative intent; to provide for definitions; to provide that it shall be unlawful to sell, loan, or exhibit certain material to minors; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by striking in its entirety Code Section 16-12-100, relating to the sexual exploitation of children, and inserting in lieu thereof a new Code Section 16-12-100 to read as follows: 16-12-100. (a) As used in this Code section, the term: (1) `Minor' means any person under the age of 18 years. (2) `Performance' means any play, dance, or exhibit to be shown to or viewed by an audience.

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(3) `Producing' means producing, directing, manufacturing, issuing, publishing, or advertising. (4) `Sexually explicit conduct' means actual or simulated: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Sadomasochistic abuse for the purpose of sexual stimulation; or (E) Lewd exhibition of the genitals or pubic area of any person. (5) `Visual or print medium' means any film, photograph, negative, slide, book, magazine, or other visual or print medium. (b) (1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct. (2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct. (3) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance. (4) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance.

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(c) Any person who violates a provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 20 years or by a fine of not more than $20,000.00, or both. Section 2 . Said chapter is further amended by striking Part 3 of Article 3, relating to the sale or distribution of harmful material to minors, in its entirety and substituting in lieu thereof a new Part 3 to read as follows: Part 3 16-12-101. The General Assembly finds that the sale, loan, and exhibition of harmful materials to minors has become a matter of increasingly grave concern to the people of this state. The elimination of such sales, loans, and exhibition and the consequent protection of minors from harmful materials are in the best interest of the morals and general welfare of the citizens of this state in general and of minors in this state in particular. The accomplishment of these ends can best be achieved by providing public prosecutors with an effective power to commence criminal proceedings against persons who engage in the sale, loan, or exhibition of harmful materials to minors. 16-12-102. As used in this part, the term: (1) `Harmful to minors' means that quality of any description or representation, in whatever form, of sexually explicit nudity, sexual conduct, sexual excitement, bestiality, or sadomasochistic abuse, when taken as a whole it: (A) Predominantly appeals to the prurient, shameful, or morbid interest of minors; (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (C) Lacks serious literary, artistic, political, or scientific value. (2) `Knowingly' means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

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(A) The character and content of any material described in this part which is reasonably susceptible of examination by the defendant; and (B) The age of the minor, provided that an honest mistake shall constitute an excuse from liability under this part if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor. (3) `Minor' means any person under the age of 16 years. (4) `Sadomasochistic abuse' means actual or simulated flagellation or torture by or upon a person nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or nude. (5) `Sexual conduct' means actual or simulated acts of masturbation, homosexuality, bestiality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast. (6) `Sexual excitement' means the condition of human male or female genitals when in a state of sexual stimulation or arousal. (7) `Sexually explicit nudity' means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state. 16-12-103. It shall be unlawful for any person knowingly to sell or loan for monetary consideration to a minor: (1) A picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which, taken as whole, is harmful to minors; or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated

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in paragraph (1) of this Code section or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors. 16-12-104. It shall be unlawful for any person knowingly to exhibit for a monetary consideration to a person under the age of 18 or knowingly to sell to a person under the age of 18 an admission ticket or pass or knowingly to admit a person under the age of 18 for a monetary consideration to premises whereon there is exhibited a motion picture, show, or other presentation which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors. 16-12-105. Any person who violates any provision of Code Section 16-12-103 or 16-12-104 shall be guilty of a misdemeanor of a high and aggravated nature. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1983. PHARMACISTS AND PHARMACIESTHIRD-PARTY PRESCRIPTION PROGRAM LAW OF 1983 ENACTED. Code Title 26, Chapter 4 Amended. No. 535 (House Bill No. 310). AN ACT To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to regulate third-party prescription programs; to provide for legislative intent; to provide for definitions; to provide for approval, revocation, and

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suspension of certain third-party prescription programs; to provide for registration and bonding of program administrators and other persons offering such programs and provide for the administration of programs; to prohibit certain claims by participating pharmacies; to provide for liability for the use of certain cancelled program identification cards; to provide for penalties, remedies, and venue; 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 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking Part 5 thereof, the Third-party Prescription Program Act, which reads as follows: Part 5 26-4-140. This part shall be known as the `Third-party Prescription Program Act.' 26-4-141. The General Assembly finds that certain practices are unfair to providers of pharmaceutical services, are burdensome and costly to those providers, result in unfair increased costs to certain consumers, and threaten the availability of pharmaceutical services to the public. The General Assembly further finds that there is a need for regulation of certain practices engaged in by some third-party prescription program administrators. 26-4-142. As used in this part, the term `third-party prescription program' means any system of providing for the reimbursement of pharmaceutical services under a contractual arrangement or agreement between a provider of the services and another party who is not the consumer of those services. The programs may include, but not be limited to, employee benefit plans whereby a consumer receives prescription drugs or other pharmaceutical services and those services are paid for by an agent of the employer or others. 26-4-143. After April 8, 1980, no third-party prescription programs shall be instituted in this state unless: (1) The program administrator has given written notice of the provisions of the particular program to all pharmacies in this state; and

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(2) All pharmacies in this state have had 30 days from the date of said notice to enroll in the particular program. 26-4-144. Any agreement or contract entered into in this state between the program administrator of a third-party program and a pharmacy shall include a statement of the method and amount of reimbursement to the pharmacy for services rendered to persons enrolled in the program, the frequency of payment by the program administrator to the pharmacy for services rendered, and a method for the adjudication of complaints or the settlement of disputes between the parties. 26-4-145. No agreement between a program administrator and a pharmacy shall establish reimbursement rates or procedures for services rendered to persons covered by the plan which are less than the prevailing rates paid by ordinary consumers for the same or similar services. 26-4-146. (a) At least 30 days prior to the effective date of the cancellation, the administrator of a program shall notify all pharmacies enrolled in the program of any cancellation of the coverage of benefits of any group enrolled in the program. In those cases wherein the administrator of a program is not notified at least 30 days prior to the effective date of the cancellation, he shall notify all pharmacies enrolled in the program of the cancellation as soon as practicable after having received the notice. (b) All persons enrolled in a program shall be notified of its cancellation, and the administrator of the program shall make every reasonable effort to gain possession of any plan identification cards such persons may have been issued pursuant to the provisions of the program. (c) Any person who utilizes a program identification card to obtain services from a pharmacy after having received notice of the cancellation of his benefits shall be liable to the program administrator for all moneys paid by the program administrator for any services received pursuant to the illegal use of the identification card. 26-4-147. (a) No program administrator shall deny payment to any pharmacy for services which may have resulted from the fraudulent or illegal use of an identification card by any person, unless the pharmacy has been notified that the card has been canceled or

Page 1444

discontinued and that the program administrator has been unsuccessful in attempting to regain possession of the card. (b) No program administrator shall withhold any payments to any pharmacy beyond the time period specified in the payment schedule provisions of the agreement, except that individual claims for payment may be returned to the pharmacy for causes such as incomplete or illegible information and may then be resubmitted by the pharmacy to the program administrator after the appropriate corrections have been made. 26-4-148. This part shall not apply to any services rendered pursuant to Article 7 of Chapter 4 of Title 49, the `Georgia Medical Assistance Act of 1977.', and inserting in its place a new Part 5 to read as follows: Part 5 26-4-140. This part shall be known and may be cited as the `Third-party Prescription Program Law of 1983.' 26-4-141. The General Assembly finds that certain practices are unfair to providers of pharmaceuticals, are burdensome and costly to those providers, result in unfair increased costs to certain consumers, and threaten the availability of pharmaceuticals to the public. The General Assembly further finds that there is a need for regulation of certain practices engaged in by some third-party prescription program administrators. 26-4-142. As used in this part, the term: (1) `Administrator' means that person, corporation, or business entity which administers a program, is legally liable for any payments to a participating pharmacy under a program, or both. (2) `Commissioner' means the Commissioner of Insurance. (3) `Contract' means a program contract. (4) `Enrollee' means a consumer who receives pharmaceuticals under a program.

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(5) `Participating pharmacy' means a pharmacy having a contract to provide pharmaceuticals to enrollees under a program. (6) `Pharmaceuticals' means drugs, devices, or services available from a pharmacy. (7) `Prevailing rate' means the average wholesale price of the pharmaceutical during the applicable period, plus the usual, customary, and reasonable dispensing fee added thereto, provided that in no event shall the amount submitted for reimbursement by a pharmacy under this part exceed the 85th percentile of the retail prices charged by all pharmacies in Georgia for the same or similar pharmaceuticals during such period of time or the actual price charged by the submitting pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals during such period of time, whichever is less. (8) `Program' means a third-party prescription program. (9) `Program contract' means that contract creating rights and obligations between a participating pharmacy and a program or administrator. (10) `Program identification card' means a document which identifies enrollees as participants in a program. (11) `Third-party prescription program' means any system of providing payments or reimbursement of payments made for pharmaceuticals pursuant to a contract between a pharmacy and another party, including insurance companies and administrators of programs, who are not consumers of the pharmaceuticals under that contract and shall include, without being limited to, insurance plans whereby an enrollee receives pharmaceuticals which are paid for by insurance companies or administrators, or by an agent of his employer, or by others. 26-4-143. (a) Unless the program is exempt under subsection (b) of this Code section, no administrator, person, corporation, or business entity shall offer, operate, or administer a program in this state unless that program has been submitted to the Commissioner of Insurance, in a manner provided by the Commissioner, and is approved by the Commissioner as complying with the requirements of this part.

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(b) (1) A program contract existing immediately prior to the effective date of this part shall be exempt from the requirements of this part but shall not be renewed or otherwise extended beyond its renewal or expiration date, respectively, as specified immediately prior to the effective date of this part, unless the program under the renewed or extended contract is approved by the Commissioner under subsection (a) of this Code section, except that if no such expiration or renewal date is provided in that program contract, the program contract shall be submitted not later than March 1, 1984, to the Commissioner for approval. (2) A program providing pharmaceuticals pursuant to Article 7 of Chapter 4 of Title 49, the `Georgia Medical Assistance Act of 1977,' shall be exempt from the requirements of this part. (3) A policy or plan regulated under Title 33, relating to insurance, which does not include or utilize a third-party prescription program or contract shall be exempt from the requirements of this part. (c) A program approved by the Commissioner may have that approval revoked or suspended if it fails to meet any requirements therefor specified in this part or if it fails to be administered in conformity with those requirements. (d) Disapproval or revocation or suspension of approval of a program by the Commissioner of Insurance shall constitute a contested case for purposes of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 26-4-144. (a) A program offered in this state and not exempt under subsection (b) of Code Section 26-4-143 shall provide all of the following: (1) A statement of the method, frequency, and amount of claim reimbursement to participating pharmacies; (2) That any valid claim for pharmaceuticals under this program will be paid to a participating pharmacy within 30 days after the claim is received by the administrator if that claim is complete, accurate, and legible, as determined by the administrator;

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(3) That any valid claim not paid as required in paragraph (2) of this Code section shall be subject to interest at the rate specified in paragraph (1) of subsection (b) of Code Section 33-25-10, relating to payment of interest on life insurance proceeds; (4) That reimbursement rates for pharmaceuticals shall not be less than the prevailing rates therefor paid by consumers who are not enrollees; (5) That each participating pharmacy and enrollee will be notified in writing by the administrator of the cancellation of any program at least 30 days prior to the effective date of cancellation, except that where the administrator is not notified of such cancellation at least 30 days prior to the effective date of cancellation, the written notice shall be provided within 30 days after the administrator received his notification; (6) That program identification cards issued to an enrollee show an expiration date; (7) That the administrator shall make reasonable efforts to gain possession of all program identification cards upon cancellation of a program for which the cards were issued; (8) That a valid claim by a participating pharmacy will not be denied upon the basis of the fraudulent use of a program identification card; (9) That at least 30 days prior to the date a program becomes effective, the program contract therefor shall be offered to all pharmacies located within those counties wherein reside enrollees in that program, which pharmacies shall have at least 30 days from the time they receive the offer to accept that offer and become participating pharmacies; (10) That any audit by a program to verify claims by a participating pharmacy shall comply with generally accepted accounting principles and procedures but shall not extrapolate randomly sampled data as a basis for reimbursement from the pharmacy which is audited or from one participating pharmacy to be the corresponding data for another participating pharmacy. In the event a claim against a participating pharmacy for reimbursement is based upon a program audit, the administrator of the

Page 1448

program shall submit details of the audit to that participating pharmacy, and any dispute relating thereto shall be resolved under the dispute resolution procedures required under paragraph (11) of this Code section, with the Commissioner of Insurance to render a final binding decision in the dispute if either party is dissatisfied with the outcome under the dispute resolution procedure; and (11) A dispute resolution procedure for disputes between the program or administrator and participating pharmacies and between the program or administrator and enrollees. (b) A program which meets the requirements of subsection (a) of this Code section shall not be administered except in conformity with those requirements, and the administration of that program except in conformity with those requirements shall constitute a violation of this Code section by the administrator of that program. 26-4-145. A participating pharmacy shall not submit claims for payment for pharmaceuticals under a program for charges in excess of those charged by that pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals. 26-4-146. (a) On and after the effective date of this part, no person, corporation, or business entity shall serve as administrator of a program which has no administrator registered under this Code section unless that person, corporation, or business entity is registered as administrator of that program with the Commissioner of Insurance. (b) No administrator may be registered unless the administrator gives bond to the Commissioner of Insurance conditioned to pay all losses, damages, and expenses incurred as a result of any violation of this part by the administrator or the program being administered thereby. The bond shall be with a surety approved by the Commissioner in the amount of $200,000.00 or the total annual payments made in the immediately preceding year by all programs administered by that administrator, whichever is greater; provided, however, if the administrator is an insurance company licensed to transact insurance in this state or if the administrator is a self-insurer and is approved by the Commissioner of Insurance, then such administrator shall not be required to give bond to the Commissioner of Insurance.

Page 1449

(c) No program shall be required to have more than one administrator registered and bonded under this Code section. (d) An administrator may have his registration suspended or revoked by the Commissioner upon any violation of this part by the administrator or when any program administered by the administrator fails to conform to the requirements of this part. The refusal by the Commissioner to register an administrator and the suspension or revocation of an administrator's registration shall constitute a contested case for purposes of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (e) Records, information, and other identifying matter obtained through the submission of a claim for reimbursement by a participating pharmacy shall be used exclusively and solely for the purposes of verification and payment to the participating pharmacy and policyholder and for no other purposes. 26-4-147. No enrollee may utilize a program identification card to obtain pharmaceuticals after the program has been cancelled and after the enrollee has received notification of the cancellation, and if such card is so utilized, that enrollee shall be liable to the administrator of that program for the cost of those pharmaceuticals. 26-4-148. (a) Any person, corporation, or business entity which violates subsection (a) of Code Section 26-4-146 shall be guilty of a misdemeanor. (b) Any person, corporation, or business entity which violates any provision of this part shall be subject to a civil penalty in the amount of $1,000.00 for each act in violation of this part or, if the violation was knowing and willful, a civil penalty of $5,000.00 for each act in violation of this part. (c) Any person injured as a result of a violation of this part may bring an action against that person, corporation, or business entity violating this part for the recovery of all actual damages occurring as a result thereof, plus attorneys' fees. (d) Any person, corporation, or business entity subject to civil penalties or an action for damages under this Code section may be sued in the county in this state in which the person resides or corporation or business entity maintains an office or, if neither

Page 1450

residing nor maintaining an office in this state, in the Superior Court of Fulton County. (e) All penalties and remedies provided in this Code section are cumulative of each other and of any other penalties and remedies otherwise provided by law. 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 March 31, 1983. MECHANICS' AND MATERIALMEN'S LIENS. Code Title 44, Chapter 14 Amended. Georgia Laws 1982, Page 1144 Repealed. No. 536 (House Bill No. 365). 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 change provisions relating to preliminary notices of lien rights and claims of lien and their effect and cancellation; to amend Code Section 44-14-530 of the Official Code of Georgia Annotated, relating to foreclosure of liens on realty, so as to provide for jury verdicts and court decisions and their effect; to repeal an Act relating to mechanics' and materialmen's liens and lien foreclosure and amending the above provisions of the Official Code of Georgia Annotated, approved April 14, 1982, and to become effective April 1, 1983 (Ga. L. 1982, p. 1144); to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1451

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 in their entirety Code Section 44-14-360, relating to definitions, Code Section 44-14-361, relating to creation of liens, and Code Section 44-14-362, relating to enforcement of liens, and inserting in their place new Code Sections 44-14-360, 44-14-361, 44-14-361.1, 44-14-361.2, 44-14-361.3, 44-14-361.4, and 44-14-362 to read as follows: 44-14-360. As used in this part, the term: (1) `Contractor' means a contractor having privity of contract with the owner of the real estate. (2) `Land surveyor' means the same as the definition thereof in Code Section 43-15-2. (3) `Materials,' in addition to including those items for which liens are already permitted under this part, means tools, appliances, machinery, or equipment used in making improvements to the real estate, to the extent of the reasonable rental value of such tools, appliances, machinery, or equipment. (4) `Materialmen' means all persons furnishing the materials, tools, appliances, machinery, or equipment included in the definition of materials in paragraph (3) of this Code section. (5) `Professional engineer' means the same as the definition thereof in Code Section 43-15-2. (6) `Registered land surveyors' and `registered professional engineers' means land surveyors or professional engineers who are registered as land surveyors or professional engineers under Chapter 15 of Title 43 at the time of performing, rendering, or furnishing services protected under this part. (7) `Residential property' means single-family and two-family, three-family, and four-family residential real estate. (8) `Subcontractor' means, but is not limited to, subcontractors having privity of contract with the contractor.

Page 1452

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; (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) of this Code section 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. 44-14-361.1 (a) To make good the liens specified in paragraphs (1) through (7) of subsection (a) of Code Section 44-14-361, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable:

Page 1453

(1) A substantial compliance by the party claiming the lien with his contract for building, repairing, or improving; for architectural services furnished; for registered land surveying or registered professional engineering services furnished or performed; or for materials or machinery furnished or set up; (2) The filing for record of his claim of lien within three months after the completion of the work, the furnishing of the architectural services, or the furnishing or performing of such surveying or engineering services or within three months after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located, which claim shall be in substance as follows: `A. B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered land surveyor, registered professional engineer, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed) on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C. D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became due on (specify the date the claim was due) for building, repairing, improving, or furnishing material (or whatever the claim may be).' (3) The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due. In addition, at the time of filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his attorney of record. The notice shall identify the court wherein the action is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported

Page 1454

owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action; and (4) In the event any contractor or subcontractor procuring material, architect's services, registered land surveyor's services, or registered professional engineer's services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state within 12 months from the date such services, labor, supplies, or material are furnished to him, so that personal jurisdiction cannot be obtained on the contractor or subcontractor in an action for the services, material, labor, or supplies, or if the contractor or sub-contractor shall be adjudicated a bankrupt, or if, after the filing of an action, no final judgment can be obtained against him for the value of such material, services, labor, or supplies because of his death or adjudication in bankruptcy, then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in an action against the owner thereof, if filed within 12 months from the time the lien becomes due, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of the property; provided, however, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price or any part of same, may set up the payment in any action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved. (b) As between themselves, the liens provided for in Code Section 44-14-361 shall rank according to the date filed; but all of the liens mentioned in this Code section for repairs, building, or furnishing materials or services, upon the same property, shall, as to each other, be of the same date when declared and filed for record within three months after the work is done or before that time.

Page 1455

(c) The liens specified in Code Section 44-14-361 shall be inferior to liens for taxes, to the general and special liens of laborers, to the general lien of landlords of rent when a distress warrant is issued out and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens when actual notice of the general lien of landlords and others has been communicated before the work was done or materials or services furnished; but the liens provided for in Code Section 44-14-361 shall be superior to all other liens not excepted by this paragraph. (d) In any proceeding brought by any materialman, by any mechanic, by any laborer, by any subcontractor, or by any mechanic of any sort employed by any subcontractor or by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, to enforce such a lien, the contractor having a direct contractual relationship with the subcontractor shall not be a necessary party; but he may be made a party. In any proceedings brought by any mechanic employed by any subcontractor, by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, the subcontractor shall not be a necessary party; but he may be made a party. The contractor or subcontractor or both may intervene in the proceedings at any time before judgment for the purpose of resisting the establishment of the lien or of asserting against the lienor any claim of the contractor or subcontractor growing out of or related to the transaction upon which the asserted lien is based. (e) In no event shall the aggregate amount of liens set up by Code Section 44-14-361 exceed the contract price of the improvements made or services performed. 44-14-361.2. (a) The special lien specified in subsection (a) of Code Section 44-14-361 shall be dissolved if the owner, purchaser from owner, or lender providing construction or purchase money or any other loan secured by real estate shows that: (1) The lien has been waived in writing by lien claimant; or (2) (A) They or any of them have obtained the sworn written statement of the contractor or person other than the owner at whose instance the labor, services, or materials were furnished, or the owner when conveying title in a bona fide sale or loan transaction, that the agreed price or reasonable

Page 1456

value of the labor, services, or materials have been paid or waived in writing by the lien claimant; and (B) When the sworn written statement was obtained or given as a part of a transaction: (1) Involving a conveyance of title in a bona fide sale; or (2) Involving a loan in which the real estate is to secure repayment of the loan; or (3) Where final disbursement of the contract price is made by the owner to the contractor, there was not of record, at the time of the settlement of the transaction a valid preliminary notice or claim of lien which had not been previously cancelled, dissolved, or expired. (b) As used in paragraph (2) of subsection (a) of this Code section, the term: (1) `Person other than the owner' shall not include a subcontractor. (2) `Final disbursement' of the contract price means payment of the agreed price between the owner and contractor for the improvements made upon the real estate or the reasonable value of the labor, services, and materials incorporated in the improvements upon the real estate and shall include payment of the balance of the contract price to an escrow agent. 44-14-361.3. (a) Prior to filing a claim of lien, a person having a lien under paragraphs (1) through (7) of subsection (a) of Code Section 44-14-361 may at such person's option file a preliminary notice of lien rights. The preliminary notice of lien rights in order to be effective shall: (1) Be filed with the clerk of superior court of the county in which the real estate is located within 30 days after the date a party delivered any materials or provided any labor or services for which a lien may be claimed;

Page 1457

(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. (b) A party filing a preliminary notice of lien rights except a contractor shall, within seven days of filing the notice, send by registered or certified mail a copy of the notice to the contractor on the property named in the notice or to the owner of the property. The lien claimant may rely on the building permit issued on the property for the name of the contractor. (c) 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 (a) of this Code section and affidavits specified in subsection (c) of Code Section 44-14-361.4 shall be filed. Each such notice and affidavit shall be indexed under the name of the owner as contained in the preliminary notice. The clerk shall collect a filing fee of $5.00 for the filing of each preliminary notice. (d) A person having a lien under paragraphs (1) through (7) of subsection (a) of Code Section 44-14-361 may enforce the lien without filing a preliminary notice of lien. 44-14-361.4. (a) A preliminary notice of lien rights filed pursuant to Code Section 44-14-361.3 shall be dissolved if it is canceled and a preliminary notice also expires and is dissolved under any of the following conditions: (1) The lien has been waived in writing by the lien claimant; or

Page 1458

(2) The time has expired for filing the claim of lien as required in Code Section 44-14-361.1; or (3) On residential property, 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; or (4) On all property except residential property, 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; provided, however, the demand for filing of a claim of lien shall not be sent until the contractor's contract is substantially complete or until the potential lien claimant's contract has been terminated or the potential lien claimant has abandoned the contract. (b) 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 onpursuant to Code Section 44-14-361.4. 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.' (c) If a demand for filing of a claim of lien is mailed as provided in this Code section and no claim of lien is filed within ten days after said date of mailing, the preliminary notice of lien rights may be canceled as provided in this subsection. In order to obtain cancellation, the person who mailed the demand or his attorney shall file with the clerk of superior court a copy of the demand and his or her affidavit that the demand was mailed as provided in paragraph (3) or (4) of subsection (a) of this Code section and that ten days have elapsed since said date of mailing without the filing of a claim of lien by the potential lien claimant. Upon such filing, the clerk of superior court shall cancel of record the preliminary notice of lien rights.

Page 1459

44-14-362. (a) 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 actual damages, costs, and reasonable attorney's fees incurred by the owner in having the preliminary notice canceled. (b) The cancellation required under this Code section shall be in the following form: Section 2 . Said part is further amended by striking in its entirety Code Section 44-14-364, relating to release of liens on filing of bond, and inserting in its place a new Code section to read as follows: 44-14-364. (a) When any person entitled under this part to claim a lien against any real estate located in this state files his lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor employed to improve the property may, before or after foreclosure proceedings are instituted, discharge the lien by filing a bond in the office of that clerk. The bond shall be conditioned to pay to the holder of the lien the sum that may be found to be due the holder upon the trial of any action that may be filed by the lienholder to recover the amount of his claim within 12 months from the time the claim becomes due. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved by the clerk of the court or a cash bond, except in cases involving a lien against residential property, in which event the bond shall be in the

Page 1460

amount claimed under the lien. Upon the filing of the bond provided for in this Code section, the real estate shall be discharged from the lien. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of the property and indicating the record owner thereof, including any liens and encumbrances and amounts thereof, the market value, and the value of the sureties' interest therein, which affidavit shall be executed by the owner or owners of the interest; the bond and affidavit shall be recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists, it shall constitute a lien against the property described in the attached affidavit. (b) The clerk of the superior court shall have the right to rely upon the amount specified in the claim of lien in determining the sufficiency of any bond to discharge under this Code section. The failure to specify both the amount claimed due under the lien and the date said claim was due shall result in such lien not constituting notice for any purposes. Section 3 . Code Section 44-14-530, relating to manner of fore-closure 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 44-14-361.1. 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 4 . An Act entitled 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,

Page 1461

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., which Act was approved April 14, 1982, and was to become effective April 1, 1983 (Ga. L. 1982, p. 1144) is repealed in its entirety. Section 5 . Sections 1, 2, and 3 of this Act shall become effective July 1, 1983; and the other provisions of this Act shall become effective upon approval of this Act 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 March 31, 1983. JOINT COUNTY AND MUNICIPAL SALES TAXDISTRIBUTION, ETC. Code Sections 48-8-89.1 and 48-8-89.2 Enacted. No. 540 (House Bill No. 419). AN ACT To amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales tax, so as to provide procedures for new qualified municipalities to share in the proceeds of the tax; to provide for distribution of any part of the tax formerly due to a qualified municipality which ceases to be a qualified municipality; to provide for related procedures and discontinuance of the tax if such procedures are not followed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1462

Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales tax, is amended by adding new Code Sections 48-8-89.1 and 48-8-89.2 to read as follows: 48-8-89.1. (a) If there exists within any special district in which the tax authorized by this article is imposed a qualified municipality which was not a qualified municipality on the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89, such qualified municipality may request the commissioner to give notice of the qualified municipality's existence as provided in this subsection. Upon receipt of such a request, the commissioner shall, unless he determines that the requesting entity is not a qualified municipality, within 30 days give written notice of the qualified municipality's existence to the county which is conterminous with the special district in which the qualified municipality is located and to each other qualified municipality within the special district. Such written notice shall include the name of the new qualified municipality, the effective date of the notice, and a statement of the provisions of this Code section. (b) Within 60 days after the effective date of the notice referred to in subsection (a) of this Code section, a new distribution certificate shall be filed with the commissioner for the special district. This distribution certificate shall specify by percentage what portion of the proceeds of the tax available for distribution within the special district shall be received by the county in which the special district is located and by each qualified municipality located wholly or partially within the special district, including the new qualified municipality. No distribution certificate may contain a total of specified percentages in excess of 100 percent. (c) Except as otherwise provided in this subsection, a distribution certificate required by this Code section must be executed by the governing authorities of the county within which the special district is located and each qualified municipality located wholly or partially within the special district, including the new qualified municipality. Notwithstanding the fact that a certificate shall not contain an execution in behalf of one or more qualified municipalities within the special district, if the combined total of the populations of all such absent municipalities is less than one-half of the aggregate population

Page 1463

of all qualified municipalities located within the special district, the submitting political subdivisions shall, in behalf of the absent municipalities, specify a percentage of that portion of the remaining proceeds which each such municipality shall receive, which percentage shall not be less than that proportion which each absent municipality's population bears to the total population of all qualified municipalities within the special district multiplied by that portion of the remaining proceeds which are received by all qualified municipalities within the special district. For the purpose of determining the population of the absent municipalities, only that portion of the population of each such municipality which is located within the special district shall be computed. (d) If a new certificate is not filed for any special district as required by this Code section, the authority to impose the tax authorized by Code Section 48-8-82 within that special district shall cease on the first day of January of the year following the year in which the required distribution certificate could last have been timely filed. In any special district in which the authority to impose the tax is terminated pursuant to this subsection, the tax may thereafter be reimposed only pursuant to the procedures specified in Code Sections 46-8-84 through 46-8-86. (e) If a new certificate is filed as required by this Code section, the commissioner shall begin to distribute the proceeds as specified in the new certificate on the first day of January of the first calendar year which begins more than 60 days after the effective date of the notice referred to in subsection (b) of this Code section. The commissioner shall continue to distribute the proceeds of the tax according to the new certificate until a subsequent certificate is filed and becomes effective as provided in Code Section 48-8-89. 48-8-89.2. If the commissioner determines that a qualified municipality entitled to receive tax proceeds under this article has ceased to be a qualified municipality, he shall thereafter distribute the percentage of the proceeds of the tax to which that qualified municipality was entitled to the county which is conterminous with the special district and to each other qualified municipality within the special district pro rata according to the percentages of the tax to which each other such political subdivision is otherwise entitled; and such distribution formula shall remain in effect until a new certificate is filed and becomes effective as provided in Code Section 48-8-89.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1983. CHILD RESTRAINT DEVICES REQUIRED FOR CERTAIN CHILDREN WHILE BEING TRANSPORTED. Code Section 40-8-76 Amended. No. 541 (Senate Bill No. 59). AN ACT To amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts required for passenger automobiles, so as to provide that every driver shall be responsible for placing children under four years of age in certain child restraint devices when children are being transported in passenger automobiles within this state; to provide for exceptions; to provide for other matters relative to the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts required for passenger automobiles, is amended by striking said section in its entirety and substituting in lieu thereof a new Code Section 40-8-76 to read as follows: 40-8-76. (a) (1) 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

Page 1465

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. (2) Any person violating paragraph (1) of this subsection shall be guilty of a misdemeanor. (b) (1) On and after July 1, 1984, every driver who regularly and customarily transports a child under the age of four years in a passenger automobile, van, or pickup truck, other than one operated for hire, which is registered in this state shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection of such child in a child passenger restraining system approved by the United States Department of Transportation under Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983. However, if the child is between the ages of three and four years of age, a seat belt shall be sufficient to meet the requirements of this subsection. The provisions of this subsection shall not apply to a nonresident transporting a child in this state and shall not apply when the child's personal needs are being attended to. (2) (A) Any person violating paragraph (1) of this subsection shall be issued a citation. The original of the citation shall be retained by the issuing law enforcement agency for a period of 14 days after the date of issuance. If within this 14 day period the person to whom the citation is issued presents to the issuing law enforcement agency proof of acquisition, by purchase, rental, loan, or gift, of a child passenger restraining system meeting the criteria of paragraph (1) of this subsection, then the issuing law enforcement agency shall void the citation. (B) Upon conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $25.00. The provisions of this act shall not apply to the driver of a car pool carrying children under four years old to a church or public or private school. (c) It shall be the duty of the Governor's Office of Highway Safety to implement and coordinate a program to inform parents and other citizens of Georgia of the reasons for the enactment of subsection

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(b) of this Code section. Such program shall be carried out prior to January 1, 1984. The Governor's Office of Highway Safety shall solicit the cooperation and assistance of the Georgia Highway Patrol, the Georgia Sheriff's Association, the Medical College of Georgia, the Georgia Hospital Association, the Georgia Association of Educators, the Georgia Parent-Teacher Association, and other appropriate organizations in educating the citizens of the state and in implementing, coordinating, and carrying out the program provided for herein. (d) Violation of this Code section shall not constitute negligence per se nor contributory negligence per se. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1993. MOTOR VEHICLESUNIVERSITY OF GEORGIA BICENTENNIAL SPECIAL LICENSE PLATES. Code Section 40-2-29.1 Enacted. No. 542 (House Bill No. 335). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the bicentennial of the founding of the University of Georgia; 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:

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Section 1 . Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, is amended by adding a new Code Section 40-2-29.1 to read as follows: 40-2-29.1. (a) The House of Assembly of Georgia in 1784 having given 40,000 acres of land for the support of a state institution of higher learning and having on January 27, 1785, enacted `An Act for the more full and complete establishment of a public seat of learning,' which created the University of Georgia as the first chartered state university in America, there shall be issued in 1984 and 1985 special license plates to commemorate the bicentennial of the founding of the University of Georgia. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the bicentennial of the University of Georgia. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) In calendar years 1984 and 1985, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $10.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1984, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76. Special license plates issued under this Code section shall expire and shall not be renewed or revalidates after January 1, 1990. 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 April 1, 1983. TICKET SCALPING PROHIBITEDSERVICE CHARGES AUTHORIZED. Code Section 10-1-310 Amended. Code Section 20-3-81 Repealed. No. 543 (House Bill No. 249). AN ACT To amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount which may be charged by authorized ticket agents; to repeal Code Section 20-3-81, relating to unlawful charges for admission tickets to athletic contests of colleges of the University System of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, is amended by replacing Code Section 10-1-310 with a new Code section to read as follows: 10-1-310. It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any football game, basketball game, baseball game, soccer game, hockey game, or tennis or golf tournament for a price in excess of the price printed on the ticket; provided, however, that a service charge not to exceed $2.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through

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places of established businesses licensed to do business by the municipality or county, where applicable, in which such places of business are located. Section 2 . Code Section 20-3-81 which reads as follows: 20-3-81. (a) It shall be unlawful for any admission ticket to any athletic contest of any college of the university system to be sold for a price in excess of the price printed on the face of the ticket. (b) Any person, firm, or corporation who violates subsection (a) of this Code section shall be guilty of a misdemeanor., is repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1983. INDEMNIFICATION OF LAW ENFORCEMENT OFFICERSPRISON GUARD REDEFINED. Code Section 45-9-81 Amended. No. 544 (House Bill No. 173). AN ACT To amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions with respect to indemnification of law enforcement officers, firemen, and prison guards, so as to change the definition of the term prison guard; 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 45-9-81 of the Official Code of Georgia Annotated, relating to definitions with respect to indemnification of law enforcement officers, firemen, and prison guards, is amended by striking paragraph (5) in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) `Prison guard' means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or any political subdivision thereof. Such term shall also mean any probation supervisor or parole officer who is required to be certified under Chapter 8 of Title 35, the `Georgia Peace Officer Standards and Training Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1983. TRADEMARKS AND SERVICE MARKSREGISTRATION FEES, ETC. Code Title 10, Chapter 1 Amended. No. 545 (House Bill No. 375). AN ACT To amend Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to trademarks, service marks, and trade names, so as to delete certain requirements affecting the registration of a trademark or service mark; to increase the renewal fee for the

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registration of a trademark or service mark; to increase the fee for the assignment of a trademark or service mark and its registration; to provide for a fee for the cancellation of a registered trademark or service mark; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to trademarks, service marks, and trade names, is amended by striking subsection (a) of Code Section 10-1-442, relating to applications for registration of marks, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Subject to the limitations set forth in this part, any person who adopts and uses a trademark or service mark in this state may file in the office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of such trademark or service mark setting forth, but not limited to: (1) The name and business address of the person applying for such registration and, if a corporation, the state of incorporation; (2) A description of the goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with such goods or services and the class in which such goods or services fall; and (3) The date when the trademark or service mark was first used anywhere, as well as the date when it was first used in this state by the applicant or his predecessor in business. Section 2 . Said article is further amended by striking subsection (a) of Code Section 10-1-445, relating to the registration of trademarks or service marks, duration, renewal, and fee for renewal, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Registration of a trademark or service mark under this part shall be effective for a term of ten years from the date of registration; and, upon application filed within six months prior to the expiration of such term on a form to be furnished by the Secretary of State, the

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registration may be renewed for a like term. A renewal fee of $15.00, payable to the Secretary of State, shall accompany the application for renewal of the registration. Section 3 . Said article is further amended by striking Code Section 10-1-446, relating to the assignment of trademarks or service marks and registrations and fee for assignments, in its entirety and substituting in lieu thereof a new Code Section 10-1-446 to read as follows: 10-1-446. Any trademark or service mark and its registration under this part shall be assignable with the good will of the business in which the trademark or service mark is used or with that part of the good will of the business connected with the use of and symbolized by the trademark or service mark. Assignment shall be by instruments in writing duly executed and may be recorded with the Secretary of State upon the payment of a fee of $15.00, payable to the Secretary of State, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this part shall be ineffective as against a subsequent purchaser for value without notice unless it is recorded with the Secretary of State prior to the subsequent purchase. Section 4 . Said article is further amended by striking Code Section 10-1-448, relating to the cancellation of registrations of trademarks or service marks, in its entirety and substituting in lieu thereof a new Code Section 10-1-448 to read as follows: 10-1-448. (a) The Secretary of State shall cancel from the register: (1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (2) All registrations granted under this part and not renewed in accordance with the provisions of this part; (3) Any registration concerning which a court of competent jurisdiction shall find that:

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(A) The registered trademark or service mark has been abandoned; (B) The registrant is not the owner of the trademark or service mark; (C) The registration was granted improperly; (D) The registration was obtained fraudulently; or (E) The registered trademark or service mark is so similar to a trademark or service mark registered by another person in the United States Patent Office prior to the date of the filing of the application for registration by the registrant under this part, and not abandoned, as to be likely to cause confusion or mistake or to deceive; provided, however, that, should the registrant prove he is the owner of a concurrent registration of his trademark or service mark in the United States Patent Office covering an area including this state, the registration under this part shall not be canceled; or (4) Any registration which a court of competent jurisdiction shall order canceled. (b) A fee of $15.00, payable to the Secretary of State, shall accompany any voluntary request for cancellation. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1983.

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SECRETARY OF STATEFEE FOR ACCEPTING SERVICE OF PROCESS. Code Sections 40-12-2, 45-13-26, 43-1-15, 46-3-502, 46-7-17, 46-7-62, 53-13-121, 53-16-5 Amended. No. 546 (House Bill No. 379). AN ACT To amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, so as to provide for the fee of the Secretary of State for accepting service of process; to conform other provisions of the Official Code of Georgia Annotated, relating to the fee of the Secretary of State for accepting service of process; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, is amended by striking Code Section 45-13-26, relating to the designation of employees of the Secretary of State as agents to accept service of process, in its entirety and inserting in lieu thereof a new Code Section 45-13-26 to read as follows: 45-13-26. (a) The Secretary of State is authorized to designate one or more of his employees as an agent for accepting service of summons or other process under any statute providing for service of summons or other process upon the Secretary of State or the commissioner of securities. Such designation shall be in writing, and all acts relative to such service by any such designee shall be as valid and binding as though performed in person by the Secretary of State or the commissioner of securities, as the case may be. The power and authority of any such designee shall cease immediately upon such designee ceasing to be an employee of the Secretary of State. (b) The Secretary of State shall charge and collect a fee of $10.00 for accepting any service of summons or other process under any statute providing for such service upon the Secretary of State.

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Section 2 . Code Section 40-12-2, relating to service of process on a nonresident motorist, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-12-2 to read as follows: 40-12-2. Service of process upon a nonresident pursuant to Code Section 40-12-1 shall be made by leaving two copies of the complaint or other pleading with summons attached thereto, with a fee of $10.00 for each defendant, in the hands of the Secretary of State, his duly authorized agent, or his successor in office. Such service shall be sufficient service upon any such nonresident provided that notice of such service and a copy of the complaint and process are forthwith sent by registered or certified mail by the plaintiff or the Secretary of State, his agent, or his successor in office, to the defendant, if his address be known, and the defendant's return receipt and the plaintiff's affidavit of compliance with this Code section are appended to the summons or other process and filed with the summons, complaint, and other papers in the case in the court wherein the action is pending. The Secretary of State shall not accept any complaint or other pleading for service under this Code section unless two copies thereof, or one copy with 50 per page for photostating the other copy, are filed in his office. Section 3 . Code Section 43-1-15, relating to itinerant entertainers, is amended by striking paragraph (1) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Designate a resident of this state as agent and lawful attorney in fact upon whom may be served all summons or other lawful processes in any action or proceeding against such carnival, circus, road show, tent show, or other itinerant show or itinerant entertainment for any action arising as a result of its appearance in this state. The name and address of such resident agent shall be filed with the judge of the probate court of each county in which such carnival, circus, or show is to be held. If no resident agent has been designated, the Secretary of State shall become such agent with all the foregoing authority, and service of such process shall be made by leaving two copies of the petition with process attached thereto, with a fee of $10.00 for each defendant, in the hands of the Secretary of State or an employee in his office designated by the Secretary of State as an agent to receive service in his name, or his successor in office, and such service shall be sufficient service upon any such carnival,

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circus, or show; provided, that notice of such service and a copy of the petition and process are forthwith sent by registered or certified mail by the plaintiff or Secretary of State or his agent to the defendant, if its address is known, and that the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and are filed with said summons, petition, and other papers in the case in the court in which the action is pending. The Secretary of State shall not accept any petition or other pleading for service hereunder unless two copies thereof, or one copy with 50 per page for photostating the other copy, is filed in his office;. Section 4 . Code Section 46-3-502, relating to fees of the Secretary of State, is amended by striking paragraph (3) in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) At the time of any service of process on him as resident agent of an electric membership corporation or foreign electric cooperative, $10.00, which amount may be recovered as taxable costs by the party to the action causing such service to be made if such party prevails in the action. Section 5 . Code Section 46-7-17, relating to designation and maintenance of agents for service on nonresident motor common carriers, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each nonresident motor common carrier shall, before any certificate or other authority is issued to it under this article or at the time of registering as required by Code Section 46-7-16, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor common carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the commission. Upon failure of any nonresident motor common carrier to file such designation with the commission or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his successors in office as such agent; and service of process upon or

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acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail by the Secretary of State or his successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his office two copies of such process with a fee of $10.00. Section 6 . Code Section 46-7-62, relating to designation and maintenance of agents for service on nonresident motor contract carriers, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each nonresident motor carrier shall, before any certificate or other authority is issued to it under this article or at the time of registering as required by Code Section 46-7-61, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the commission. Upon failure of any nonresident motor carrier to file such designation with the commission or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail by the Secretary of State or his successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his office two copies of such process with a fee of $10.00. Section 7 . Code Section 53-13-121, relating to procedure for service upon Secretary of State, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 53-13-121 to read as follows:

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53-13-121. If a foreign trustee of real property in this state fails to designate some person or persons who may be found and served with notice, summons, or process in this state, service of summons, notice, or process shall be made upon the trustee by leaving two copies of the petition or other pleading, with process attached thereto and a fee of $10.00 for each defendant, in the hands of the Secretary of State. The service shall be sufficient service upon the nonresident trustee, provided that notice of the service and a copy of the petition and process is forthwith sent by registered or certified mail by the plaintiff or the Secretary of State or his agent to the trustee, in the state where the trustee resides, and the return receipt and the affidavit of the plaintiff or the Secretary of State as to compliance with this Code section are appended to the summons or other process and filed with the summons, petition, and other papers in the court where the action is pending. The Secretary of State shall not accept any petition or other pleading for service under this Code section unless two copies thereof or one copy with 50 per page for photostating the other copy are filed in his office. Section 8 . Code Section 53-16-5, relating to service of process on Secretary of State, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Every foreign corporation acting in a fiduciary capacity in this state pursuant to the terms of this chapter shall be deemed to have appointed the Secretary of State to be its true and lawful attorney upon whom may be served all legal process in any action or proceeding against it relating to or growing out of any trust, estate, or matter in respect of which the foreign corporation has acted in this state in any fiduciary capacity. Service of process shall be made by delivering two copies for each defendant of the summons or other process, with two copies of the petition or complaint, when service of such copies is required by law, accompanied by a fee of $10.00, to the Secretary of State or to any person in his office authorized by him to receive the service. The Secretary of State shall immediately forward the process, together with the copy of the petition or complaint, if any, to the foreign corporation, by registered or certified mail, addressed to it at the address on file with the Secretary of State or, if it is not on file, then at its last known address. The Secretary of State shall not accept any petition or other pleading for service under this Code section unless two copies thereof, or one copy with 50 per page for photostating the other copy, is filed in his office.

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Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1983. CORPORATIONSREGISTERED NAMESFILING FEES, ETC. Code Title 14, Chapters 2 and 3 Amended. No. 547 (House Bill No. 373). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that the corporate name of a profit corporation shall not exceed 80 characters, including spaces and punctuation; to provide that any foreign corporation intending to file an application for a certificate of authority to transact business or conduct affairs in this state may register its corporate name under the laws of Georgia if the name is available for use in this state; to provide for the method of registration fee; to provide that a corporation may renew its registration for one year; to change the renewal fee; to authorize the Secretary of State to grant extensions under certain conditions; to clarify the method of adopting restated articles of incorporation; to provide that articles of incorporation may be amended in as many respects as may be necessary or appropriate to carry out a plan of reorganization of a corporation which has been confirmed by decree or order of a court of competent jurisdiction; to provide for the contents, filing, and effective date of articles of amendment in a plan of reorganization of a corporation approved by decree or order of a court of competent jurisdiction; to clarify the method of adopting articles of merger or consolidation; to clarify the method in which a corporation may be voluntarily dissolved; to provide that the corporate

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name of a foreign corporation may not exceed 80 characters, including spaces and punctuation; to change the contents of the application required to be filed by a foreign corporation for a certificate of authority to transact business; to provide that a certificate issued by an authorized officer of the jurisdiction in which foreign profit and nonprofit corporations are incorporated attesting to the legal existence of the corporation shall be delivered to the Secretary of State for filing together with the application for a certificate of authority; to provide that restated articles of incorporation of foreign profit and nonprofit corporations shall be filed with the Secretary of State together with a certificate issued by the appropriate official of its jurisdiction of incorporation attesting to the occurrence of such event; to provide that foreign profit and nonprofit corporations which are parties to a statutory merger shall file with the Secretary of State a certificate issued by the proper officer of the jurisdiction of its incorporation attesting to the occurrence of such event; to provide for the issuance of a certificate of withdrawal by the Secretary of State to the nonsurviving foreign profit or nonprofit corporation when two corporations are merged; to provide that the authority of the nonsurviving corporation to transact business shall cease when the certificate of withdrawal is issued; to provide that foreign profit and nonprofit corporations which are merged or consolidated with another foreign corporation not authorized to transact business in Georgia or its successor, receiver, or the trustee shall deliver to the Secretary of State for filing a certificate of the appropriate official of its jurisdiction of incorporation attesting to the occurrence of any such event; to provide for the filing of an annual registration by each domestic and foreign profit and nonprofit corporation; to provide for the contents of annual registrations; to provide for the dates during which the initial and subsequent annual registrations must be filed with the Secretary of State; to change the various fees charged and collected by the Secretary of State; 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 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking subsection (a) of Code Section 14-2-40, relating to corporate names generally, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) The corporate name shall be written in Roman or cursive letters or in Arabic or Roman numerals and: (1) Shall contain the word `corporation,' `company,' `incorporated,' or `limited' or shall contain an abbreviation of one of such words; (2) Shall not contain any word or phrase which indicates or implies: (A) That the corporation is organized for any purpose other than one or more of the purposes permitted by its articles of incorporation; (B) That the corporation is organized by, affiliated with, or sponsored by any fraternal, veterans', service, religious, charitable, or professional organization, unless that fact is certified in writing in a manner satisfactory to the Secretary of State by the organization with which affiliation or sponsorship is claimed; or (C) Anything which, in the reasonable judgment of the Secretary of State, is obscene; (3) Shall not be the same as or confusingly similar to: (A) The name of any corporation, whether for profit or not for profit, existing under the laws of this state; (B) The name of any foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in this state; (C) A name to which the exclusive right is, at the time, reserved in the manner provided in Code Section 14-2-41 or in Chapter 3 of this title; (D) The name of a corporation which has in effect a registration of its corporate name as provided in Code Section 14-2-42; or (E) Any name prohibited by any other law of this state; and

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(4) Shall not in any instance exceed 80 characters, including spaces and punctuation. Section 2 . Said title is further amended by striking Code Section 14-2-42, relating to registration of corporate names by foreign corporations, in its entirety and substituting in lieu thereof a new Code Section 14-2-42 to read as follows: 14-2-42. (a) Any foreign corporation intending to file an application for a certificate of authority to transact business or conduct affairs in this state may register its corporate name under this chapter, provided its corporate name is available for use in this state in accordance with Code Section 14-2-312. (b) Such registration shall be made by: (1) Filing with the Secretary of State: (A) An application for registration, executed on behalf of the corporation by an officer thereof, setting forth the name of the corporation, the name of the jurisdiction under the laws of which it is incorporated, the date of its incorporation, and a statement of the business in which it is engaged on a form prescribed by the Secretary of State; and (B) A certificate of status from its jurisdiction of incorporation executed by the secretary of state of such jurisdiction or by such other official as may have custody of the records pertaining to corporations; and (2) Paying to the Secretary of State a registration fee of $20.00. (c) Such registration shall be effective until the close of the calendar year in which the application for registration is filed. (d) The Secretary of State may revoke any registration if, after a hearing in his office, he finds that the application therefor or any renewal thereof was not made in good faith. Section 3 . Said title is further amended by striking Code Section 14-2-43, relating to the renewal of registered corporate names, in its entirety and substituting in lieu thereof a new Code Section 14-2-43 to read as follows:

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14-2-43. (a) A corporation which has in effect a registration of its corporate name may renew such registration for one year by filing an application for renewal setting forth the facts required to be set forth in an original application for registration and a certificate of status as required for the original registration and by paying a fee of $20.00. (b) An extension of this period may be granted by the Secretary of State for good cause shown. A renewal application may be filed between June 1 and December 31 of the year of the original registration and shall extend the registration for the following calendar year. Section 4 . Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 14-2-193, relating to the content of articles of amendment, in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows: (4) (A) The number of shares which must be voted to adopt the amendment, the number of shares outstanding and entitled to vote, and the number of shares voted for the amendment and, if the shares of any class are entitled to vote thereon as a class, the designation and number of shares of each such class which must be voted to adopt the amendment, the designation and number of outstanding shares of each such class entitled to vote, and the number of shares of each such class voted for the amendment; or (B) The statement that the amendment was adopted by the unanimous vote of all shareholders or by unanimous written consent of all shareholders;. Section 5 . Said title is further amended by striking paragraph (6) of subsection (d) of Code Section 14-2-196, relating to restated articles of incorporation, in its entirety and substituting in lieu thereof a new paragraph (6) to read as follows: (6) If the restatement was authorized by the shareholders: (A) The number of shares which must be voted to adopt the restatement, the number of shares outstanding and entitled to vote, and the number of shares voted for the restatement and, if the shares of any class are entitled to vote thereon as a class, the designation and number of shares of each such class which must be voted to adopt the restatement, the designation and number of

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outstanding shares of each such class entitled to vote, and the number of shares of each such class voted for the restatement; or (B) The statement that the restatement was adopted by the unanimous vote of all shareholders or by unanimous written consent of all shareholders; and. Section 6 . Said title is further amended by adding a new Code Section 14-2-197 at the end of Article 9, relating to amendments of articles of incorporation, to read as follows: 14-2-197. (a) Whenever a plan of reorganization of a corporation has been confirmed by decree or order of a court of competent jurisdiction in proceedings for the reorganization of such corporation, pursuant to the provisions of any applicable statute of the United States or of this state relating to reorganizations of corporations, the articles of incorporation of the corporation may be amended, in the manner provided in this Code section, in as many respects as may be necessary or appropriate to carry out the plan and put it into effect, so long as the articles of incorporation as amended contain only such provisions as might be lawfully contained in original articles of incorporation at the time of making such amendment. (b) In particular and without limitation upon such general power of amendment, the articles of incorporation may be amended for such purpose so as to: (1) Change the corporate name, period of duration, or corporate purposes of the corporation; (2) Repeal, alter, or amend the bylaws of the corporation; (3) Change the aggregate number of shares or shares of any class, or series thereof, which the corporation has authority to issue; (4) Change the preferences, limitations, and relative rights in respect to all or any part of the shares of the corporation and classify, reclassify, or cancel all or any part thereof, whether issued or unissued; (5) Authorize the issuance and fix the terms and conditions of bonds, debentures, or other obligations of the corporation

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which may be convertible into shares of any class or series thereof or which may bear warrants or other evidences of optional rights to purchase or subscribe for shares of any class or series thereof; and (6) Constitute or reconstitute and classify or reclassify the board of directors of the corporation and appoint directors or officers or both in place of or in addition to all or any of the directors or officers then in office. (c) Amendments to the articles of incorporation pursuant to this Code section shall be made in the following manner: (1) Articles of amendment approved by decree or order of such court shall be executed by such person or persons as the court shall designate or appoint for such purpose. Such articles of amendment shall set forth the name of the corporation, the amendments of the articles of incorporation approved by the court, the date of the decree or order approving the articles of amendment, the title of the proceedings in which the decree or order was entered, and a statement that such decree or order was entered by a court having jurisdiction of the proceedings for the reorganization of the corporation pursuant to the provisions of an applicable statute of the United States or of this state; and (2) Such articles of amendment shall be filed as provided in Code Section 14-2-194. (d) The amendment shall become effective and the articles of incorporation shall be deemed to be amended accordingly, as provided in subsection (a) of Code Section 14-2-195, or upon such later date, on or after the time of the delivery to the Secretary of State, as may be provided in the articles of amendment in accordance with the court order, without any action thereon by the directors or shareholders of the corporation and with the same effect as if the amendments had been adopted by unanimous action of the directors and shareholders of the corporation. Section 7 . Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 14-2-213, relating to articles of merger or consolidation, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:

Page 1486

(2) As to each consolidating corporation and as to each merging corporation the shareholders of which voted on such plan: (A) A statement of the number of shares which must be voted to adopt the plan of merger or consolidation, the number of shares outstanding and entitled to vote, and the number of shares voted for the plan and, if the shares of any class are entitled to vote thereon as a class, the designation and number of shares of each such class which must be voted to adopt the plan, the designation and number of outstanding shares of each such class entitled to vote, and the number of shares of each such class voted for the plan; or (B) The statement that the plan was adopted by the unanimous vote of all the shareholders or by unanimous written consent of all shareholders;. Section 8 . Said title is further amended by striking subparagraph (E) of paragraph (4) of Code Section 14-2-273, relating to voluntary dissolution by act of corporation, in its entirety and substituting in lieu thereof a new subparagraph (E) to read as follows: (E) (i) The number of shares which must be voted to adopt the resolution to dissolve the corporation, the number of shares outstanding and entitled to vote, and the number of shares voted for the resolution and, if the shares of any class are entitled to vote thereon as a class, the designation and number of shares of each such class which must be voted to adopt the resolution, the designation and number of outstanding shares of each such class entitled to vote, and the number of shares of each such class voted for the resolution; or (ii) The statement that the resolution was adopted by the unanimous vote of all shareholders or by unanimous written consent of all shareholders. Section 9 . Said title is further amended by striking subsection (a) of Code Section 14-2-312, relating to corporate names generally, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) No certificate of authority shall be issued to a foreign corporation unless the corporate name shall be written in Roman or cursive letters or Arabic or Roman numerals and:

Page 1487

(1) Shall contain the word `corporation,' `company,' `incorporated,' or `limited' or shall contain an abbreviation of one of such words; (2) Shall not contain any word or phrase which indicates or implies: (A) That the corporation is organized for any purpose other than one or more of the purposes permitted by its articles of incorporation; or (B) That the corporation is organized by, affiliated with, or sponsored by any fraternal, veterans', service, religious, charitable, or professional organization unless that fact is certified in writing in a manner satisfactory to the Secretary of State by the organization with which affiliation or sponsorship is claimed; (3) Shall not be the same as or confusingly similar to: (A) The name of any corporation, whether for profit or not for profit, existing under the laws of this state; (B) The name of any foreign corporation, whether for profit or not for profit, authorized to transact business in this state; (C) A name the exclusive right to which is, at the time, reserved in the manner provided in Code Section 14-2-41 or in Chapter 3 of this title; (D) The name of a corporation which has in effect a registration of its corporate name as provided in Code Section 14-2-42 or a renewal thereof as provided in Code Section 14-2-43; or (E) Any name prohibited by any other law of this state; and (4) Shall not in any instance exceed 80 characters, including spaces and punctuation.

Page 1488

Section 10 . Said title is further amended by striking Code Section 14-2-314, relating to applications for certificates of authority to transact business in state, in its entirety and substituting in lieu thereof a new Code Section 14-2-314 to read as follows: 14-2-314. (a) A foreign corporation, in order to procure a certificate of authority to transact business in this state, shall make application therefor to the Secretary of State, which application shall set forth; (1) The name of the corporation and the jurisdiction under the laws of which it is incorporated; (2) If the name of the corporation does not comply with Code Section 14-2-312 relating to the corporate name, then the name of the corporation with the word or abbreviation or other distinctive and distinguishing element which it elects to add thereto for use in this state; (3) The date of incorporation and the period of duration of the corporation; (4) The address of the principal office or registered office of the corporation in the jurisdiction under the laws of which it is incorporated; (5) The address and county of the proposed registered office of the corporation in this state and the name of its proposed registered agent or agents in this state at such address; (6) A brief statement of the purpose or purposes of the corporation which it proposes to pursue in the transaction of business in this state; (7) The names and respective addresses of the four principal officers of the corporation; (8) A statement, expressed in dollars, of the amount of stated capital of the corporation, as defined in paragraph (14) of Code Section 14-2-2; (9) The date which the corporation commenced or proposes to commence business in this state;

Page 1489

(10) Such additional information as may be necessary or appropriate in order to enable the Secretary of State to determine whether such corporation is entitled to a certificate of authority to transact business in this state; and (11) The application shall be accompanied by a consent to appointment as registered agent, as provided for in subsection (c) of Code Section 14-2-317. (b) Such application shall be made on forms prescribed and furnished by the Secretary of State and shall be executed by the corporation by its president or a vice-president or by its secretary or an assistant secretary. Section 11 . Said title is further amended by striking Code Section 14-2-315, relating to filing applications for certificates of authority and issuance of certificates, in its entirety and substituting in lieu thereof a new Code Section 14-2-315 to read as follows: 14-2-315. (a) The application of the corporation for a certificate of authority shall be delivered to the Secretary of State for filing as provided in Code Section 14-2-5, together with a certificate. The certificate shall be issued by an authorized officer of the jurisdiction in which the corporation is incorporated and shall attest to the corporation's legal existence as of a date within 90 days of the date the application is filed under this Code section. If such original certificate is in a foreign language, a translation into English verified by the translator of the original shall be attached thereto. (b) Upon filing said application, the Secretary of State shall issue and deliver to the corporation or its representative a certificate of authority to transact business in this state. Section 12 . Said title is further amended by striking Code Section 14-2-320, relating to amendment of articles of incorporation, in its entirety and substituting in lieu thereof a new Code Section 14-2-320 to read as follows: 14-2-320. Whenever the articles of incorporation of a foreign corporation authorized to transact business in this state are amended or restated, such foreign corporation, within 30 days after such amendment or restatement becomes effective, shall file in the office of the Secretary of State a certificate issued by the appropriate

Page 1490

official of its jurisdiction of incorporation, duly certified, attesting to the occurrence of such event, together with a translation into English verified by the translator if the original certificate is written in a foreign language; but the filing thereof shall not of itself enlarge or alter the purpose or purposes which such corporation is authorized to pursue in the transaction of business in this state nor authorize such corporation to transact business in this state under any other name than the name set forth in its certificate of authority. Section 13 . Said title is further amended by striking Code Section 14-2-321, relating to merger, in its entirety and substituting in lieu thereof a new Code Section 14-2-321 to read as follows: 14-2-321. (a) Whenever a foreign corporation authorized to transact business in this state shall be a party to a statutory merger permitted by the laws of its jurisdiction of incorporation and such corporation shall be the surviving corporation, it shall, within 30 days after such merger becomes effective, file with the Secretary of State a certificate issued by the proper officer of the jurisdiction of its incorporation attesting to the occurrence of such event, together with a translation into English verified by the translator if the original certificate is written in a foreign language. It shall not be necessary for such corporation to procure either a new or amended certificate of authority to transact business in this state unless the name of such corporation is changed thereby or unless the corporation desires to pursue in this state other or additional purposes than those which it is then authorized to transact in this state. (b) The compliance with subsection (a) of this Code section by the surviving foreign corporation authorized to transact business in this state shall have the same effect as the filing of an application for withdrawal on behalf of the nonsurviving corporation; and the Secretary of State shall issue a certificate of withdrawal for such nonsurviving corporation, which certificate shall be returned to the nonsurviving corporation or its representative. Upon the issuance of such certificate of withdrawal, the authority of that nonsurviving corporation to transact business in this state shall cease. Section 14 . Said title is further amended by striking subsection (a) of Code Section 14-2-325, relating to termination of corporate existence, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

Page 1491

(a) When a foreign corporation authorized to transact business in this state is dissolved or its authority or existence is otherwise terminated or canceled in its jurisdiction of incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation not authorized to transact business in this state, the corporation or its successor, receiver, or trustee shall deliver for filing with the Secretary of State a certificate of the appropriate official of its jurisdiction of incorporation attesting to the occurrence of any such event or an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its existence, or the cancellation of its authority, together with a statement of the post office address to which the Secretary of State may mail a copy of any process against the corporation that may be served on him. Section 15 . Said title is further amended by striking Code Section 14-2-350, relating to annual reports required of domestic and foreign corporations, in its entirety and substituting in lieu thereof a new Code Section 14-2-350 to read as follows: 14-2-350. (a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall file, within the time prescribed by Code Section 14-2-351, an annual registration setting forth: (1) The name of the corporation and the jurisdiction under the laws of which it is incorporated; (2) The address and county of the registered office of the corporation in this state, the name of its registered agent or agents in this state at such address, and, in the case of a foreign corporation, the address of its principal office or registered office in the jurisdiction under the laws of which it is incorporated; (3) The names and respective addresses of the three principal officers of the corporation; and (4) Such additional information as may be necessary or appropriate as determined by the Secretary of State for the performance of his duties under this chapter. (b) Such annual registration shall be made on forms prescribed by the Secretary of State, and the information therein contained shall

Page 1492

be given as of the date of the execution of the registration. The Secretary of State shall mail such registration forms to the last known address of each corporation; however, the failure of any corporation to receive such forms shall not relieve that corporation of its responsibility to obtain, complete, and file the appropriate forms with the Secretary of State. In the event a corporation has not registered within two previous calendar years, the Secretary of State shall not be required to mail to such corporation the required forms. The registration shall be executed by the corporation by its president, a vice-president, secretary, an assistant secretary, treasurer, or an assistant treasurer, or, if the corporation is in the hands of a receiver or trustee, the registration shall be executed on behalf of the corporation by such receiver or trustee. (c) Failure to hold an organizational meeting or to commence business shall not relieve a corporation of its duty to file an annual registration. Such registration shall be made on the same forms prescribed by subsection (b) of this Code section, shall be executed by the incorporator or one of the initial directors, and shall set forth: (1) That the corporation has not held its organizational meeting or commenced business in this state; (2) The name of the corporation and the jurisdiction under the laws of which it is incorporated; (3) The address and county of the registered office in this state and the name of its registered agent or agents in this state at such address and, in the case of a foreign corporation, the address of its principal office or registered office in the jurisdiction under the laws of which it is incorporated; (4) The names and respective addresses of the incorporators or directors; and (5) Such additional information as may be necessary or appropriate as determined by the Secretary of State for the performance of his duties under this title. Section 16 . Said title is further amended by striking Code Section 14-2-351, relating to period for filing annual reports and correction of annual reports, in its entirety and substituting in lieu thereof a new Code Section 14-2-351 to read as follows:

Page 1493

14-2-351. (a) The annual registration of a domestic or foreign corporation shall be delivered to the Secretary of State between January 1 and April 1 of each year, except that the initial annual registration of a foreign corporation shall be filed between January 1 and April 1 of the year next succeeding the calendar year in which its certificate of authority was issued by the Secretary of State. The initial annual registration of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing, except that the initial annual registration of a domestic corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between January 1 and April 1 of the year next suceeding the calendar year in which its certificate of incorporation was issued by the Secretary of State. Proof to the satisfaction of the Secretary of State that prior to 12:00 Midnight on the last day of such filing period such annual registration was deposited in the United States mail in a sealed envelope, properly addressed, with first class postage prepaid, shall be deemed a compliance with this requirement. (b) If the Secretary of State finds that such annual registration conforms to the requirements of this chapter, he shall file the same. If he finds that it does not so conform, he shall promptly return the same to the corporation for any necessary corrections, in which event the penalties prescribed in this chapter for failure to file such annual registration within the time provided in subsection (a) of this Code section shall not apply, if such annual registration is corrected to conform to the requirements of this chapter and returned to the Secretary of State within one calendar month from the date it was returned to the corporation. Section 17 . Said title is further amended by striking Code Section 14-2-371, relating to fees for filing documents and issuing certificates, in its entirety and substituting in lieu thereof a new Code Section 14-2-371 to read as follows: 14-2-371. The Secretary of State shall charge and collect for: (1) Filing articles of incorporation and issuing a certificate of incorporation $20.00 (2) Filing articles of amendment and issuing a certificate of amendment 20.00 (3) Filing restated articles of incorporation and issuing a certificate of restated articles 20.00 (4) Filing articles of merger or consolidation and issuing a certificate of merger or consolidation 25.00 (5) Filing an application to reserve a corporate name 10.00 (6) Filing an application to reserve a corporate name for a period of five years pursuant to subsection (c) of Code Section 14-2-41 30.00 (7) Filing a notice of transfer of a reserved corporate name 10.00 (8) Filing a statement of change of address of registered office or change of registered agent, or both 5.00 (9) Filing a statement of the establishment of a series of shares or a statement changing the number of shares included in a series 15.00 (10) Filing a statement of cancellation of shares 15.00 (11) Filing a statement of reduction of stated capital 15.00 (12) Filing a statement of intent to dissolve 10.00 (13) Filing a statement of revocation of voluntary dissolution proceedings 10.00 (14) Filing articles of dissolution 20.00 (15) Filing an application of a foreign corporation for a certificate of authority to transact business in this state and issuing a certificate of authority 150.00 (16) Filing an application of a foreign corporation for an amended certificate of authority to transact business in this state and issuing an amended certificate of authority 30.00 (17) Filing a certificate of amendment or a certificate of restatement of the articles of incorporation of a foreign corporation holding a certificate of authority to transact business in this state 15.00 (18) Filing a certificate of merger of a foreign corporation holding a certificate of authority to transact business in this state 25.00 (19) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal 15.00 (20) Filing an application to register a foreign corporate name 15.00 (21) Filing an application to renew a registered name of a foreign corporation 15.00 (22) Filing an application of a foreign or domestic corporation for a certificate of reinstatement and issuing a certificate of reinstatement 25.00 (23) Filing any other statement or report, except annual registration, of a domestic or foreign corporation 10.00 (24) Filing annual registration of a domestic or foreign corporation 10.00 Section 18 . Said title is further amended by striking Code Section 14-2-372, relating to miscellaneous charges, in its entirety and substituting in lieu thereof a new Code Section 14-2-372 to read as follows: 14-2-372. The Secretary of State shall charge and collect: (1) For furnishing a certified copy of any document, instrument, or paper relating to a corporation, 50 per page; and for the certificate and affixing the seal thereto $ 5.00 (2) For furnishing a certificate of search or a certificate of status 10.00 (3) At the time of any service of process on him as resident agent of a corporation, which amount may be recovered as taxable costs by the party to the action causing service to be made if such party prevails in the action 10.00 Section 19 . Said title is further amended by striking subsection (a) of Code Section 14-3-40, relating to corporate name generally, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The corporate name shall be written in Roman or cursive letters or in Arabic or Roman numerals and: (1) Shall contain the word `corporation,' `company,' `incorporated,' or `limited' or shall contain an abbreviation of one of such words; (2) Shall not contain any word or phrase which indicates or implies: (A) That the corporation is organized for any purpose other than one or more of the purposes permitted by its articles of incorporation; (B) That the corporation is organized by, affiliated with, or sponsored by any fraternal, veterans', service, religious, charitable, or professional organization, unless that fact is certified in writing in a manner satisfactory to the Secretary of State by the organization with which affiliation or sponsorship is claimed; or

Page 1498

(C) Anything which, in the reasonable judgment of the Secretary of State, is obscene; (3) Shall not be the same as or confusingly similar to: (A) The name of any corporation, whether for profit or not for profit, existing under the laws of this state; (B) The name of any foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in this state; (C) A name to which the exclusive right is, at the time, reserved in the manner provided in this chapter or in Chapter 2 of this title; (D) The name of a corporation which has in effect a registration of its corporate name as provided in Chapter 2 of this title; or (E) Any name prohibited by any other law of this state; and (4) Shall not in any instance exceed 80 characters, including spaces and punctuation. Section 20 . Said title is further amended by striking subsection (a) of Code Section 14-3-242, relating to corporate names generally, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) No certificate of authority shall be issued to a foreign corporation unless the corporate name shall be written in Roman or cursive letters or in Arabic or Roman numerals and: (1) Shall contain the word `corporation,' `company,' `incorporated,' or `limited' or shall contain an abbreviation of one of such words; (2) Shall not contain any word or phrase which indicates or implies:

Page 1499

(A) That the corporation is organized for any purpose other than one or more of the purposes permitted by its articles of incorporation; or (B) That the corporation is organized by, affiliated with, or sponsored by any fraternal, veterans', service, religious, charitable, or professional organization unless that fact is certified in writing in a manner satisfactory to the Secretary of State by the organization with which affiliation or sponsorship is claimed; (3) Shall not be the same as or confusingly similar to: (A) The name of any corporation, whether for profit or not for profit, existing under the laws of this state; (B) The name of any foreign corporation, whether for profit or not for profit, authorized to transact business in this state; (C) A name to which the exclusive right is, at the time, reserved in the manner provided in this chapter or in Chapter 2 of this title; (D) The name of a corporation which has in effect a registration of its corporate name as provided in the Georgia Business Corporation Code; or (E) Any name prohibited by any other law of this state; and (4) Shall not in any instance exceed 80 characters, including spaces and punctuation. Section 21 . Said title is further amended by striking Code Section 14-3-244, relating to applications for certificates of authority, in its entirety and substituting in lieu thereof a new Code Section 14-3-244 to read as follows: 14-3-244. (a) A foreign corporation, in order to procure a certificate of authority to conduct affairs in this state, shall make application therefor to the Secretary of State, which application shall set forth:

Page 1500

(1) The name of the corporation and the jurisdiction under the laws of which it is incorporated; (2) If the name of the corporation does not comply with Code Section 14-3-242, relating to the corporate name, then the name of the corporation with the word or abbreviation or other distinctive and distinguishing element which it elects to add thereto for use in this state; (3) The date of incorporation and the period of duration of the corporation; (4) The address of the principal office or registered office of the corporation in the jurisdiction under the laws of which it is incorporated; (5) The address and county of the proposed registered office of the corporation in this state and the name of its proposed registered agent or agents in this state at such address; (6) A brief statement of the purpose or purposes of the corporation which it proposes to pursue in the conduct of affairs in this state; (7) The names and respective addresses of the four principal officers of the corporation; (8) The date which the corporation commenced or proposes to commence conducting affairs in this state; (9) Such additional information as may be necessary or appropriate in order to enable the Secretary of State to determine whether such corporation is entitled to a certificate of authority to conduct affairs in this state; and (10) The application shall be accompanied by a consent to appointment as registered agent, as provided for in paragraph (2) of subsection (a) of Code Section 14-3-247. (b) Such application shall be made on forms prescribed and furnished by the Secretary of State and shall be executed by the corporation by its president or a vice-president or by its secretary or an assistant secretary.

Page 1501

Section 22 . Said title is further amended by striking Code Section 14-3-245, relating to filing of applications for certificates of authority and issuance of certificates, in its entirety and substituting in lieu thereof a new Code Section 14-3-245 to read as follows: 14-3-245. (a) The application of the corporation for a certificate of authority shall be delivered to the Secretary of State for filing as provided in Code Section 14-3-5, together with a certificate. The certificate shall be issued by an authorized officer of the jurisdiction in which the corporation is incorporated and shall attest to the corporation's legal existence as of a date within 90 days of the date the application is filed under this Code section. If such original certificate is in a foreign language, a translation into English verified by the translator of the original shall be attached thereto. (b) Upon filing said application, the Secretary of State shall issue and deliver to the corporation or its representative a certificate of authority to conduct affairs in this state. Section 23 . Said title is further amended by striking Code Section 14-3-250, relating to amendment of articles of incorporation, in its entirety and substituting in lieu thereof a new Code Section 14-3-250 to read as follows: 14-3-250. Whenever the articles of incorporation of a foreign corporation authorized to conduct affairs in this state are amended or restated, such foreign corporation, within 30 days after such amendment or restatement becomes effective, shall file in the office of the Secretary of State a certificate issued by the appropriate official of its jurisdiction of incorporation, duly certified, attesting to the occurrence of such event, together with a translation into English verified by the translator if the original certificate is written in a foreign language; but the filing thereof shall not of itself enlarge or alter the purpose or purposes which such corporation is authorized to pursue in the conduct of affairs in this state, nor authorize such corporation to conduct affairs in this state under any other name than the name set forth in its certificate of authority. Section 24 . Said title is further amended by striking Code Section 14-3-251, relating to merger, in its entirety and substituting in lieu thereof a new Code Section 14-3-251 to read as follows:

Page 1502

14-3-251. (a) Whenever a foreign corporation authorized to conduct affairs in this state shall be a party to statutory merger permitted by the laws of its jurisdiction of incorporation and such corporation shall be the surviving corporation, it shall, within 30 days after such merger becomes effective, file with the Secretary of State a certificate issued by the proper officer of the jurisdiction of its incorporation to the occurrence of such event, together with a translation into English verified by the translator if the original certificate is written in a foreign language. It shall not be necessary for such corporation to procure either a new or amended certificate of authority to conduct affairs in this state unless the name of such corporation is changed thereby or unless the corporation desires to pursue in this state other or additional purposes than those which it is then authorized to pursue in this state. (b) The compliance with subsection (a) of this Code section by the surviving foreign corporation authorized to conduct affairs in this state shall have the same effect as the filing of an application for withdrawal on behalf of the merged corporation; and the Secretary of State shall issue a certificate of withdrawal for such merged corporation, which certificate shall be returned to the merged corporation or its representative. Upon the issuance of such certificate of withdrawal, the authority of that merged corporation to conduct affairs in this state shall cease. Section 25 . Said title is further amended by striking subsection (a) of Code Section 14-3-254, relating to termination of corporate existence, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) When a foreign corporation authorized to conduct affairs in this state is dissolved or its authority or existence is otherwise terminated or canceled in its jurisdiction of incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation not authorized to conduct affairs or transact business in this state, the corporation or its successor, receiver, or trustee shall deliver for filing with the Secretary of State a certificate of the appropriate official of its jurisdiction of incorporation attesting to the occurrence of any such event or an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its existence, or the cancellation of its authority, together with a statement of the post office address to which the Secretary of State may mail a copy of any process against the corporation that may be served on him.

Page 1503

Section 26 . Said title is further amended by striking Code Section 14-3-270, relating to annual reports required of domestic and foreign corporations, in its entirety and substituting in lieu thereof a new Code Section 14-3-270 to read as follows: 14-3-270. (a) Each domestic corporation and each foreign corporation authorized to conduct affairs in this state shall file, within the time prescribed by Code Section 14-3-271, an annual registration setting forth: (1) The name of the corporation and the jurisdiction under the laws of which it is incorporated; (2) The address and county of the registered office of the corporation in this state, the name of its registered agent or agents in this state at such address, and, in the case of a foreign corporation, the address of its principal office or registered office in the jurisdiction under the laws of which it is incorporated; (3) The names and respective addresses of the three principal officers of the corporation; and (4) Such additional information as may be necessary or appropriate as determined by the Secretary of State for the performance of his duties under this chapter. (b) Such annual registration shall be made on forms prescribed by the Secretary of State, and the information therein contained shall be given as of the date of the execution of the registration. The Secretary of State shall mail such registration forms to the last known address of each corporation; however, the failure of any corporation to receive such forms shall not relieve that corporation of its responsibility to obtain, complete, and file the appropriate forms with the Secretary of State. In the event a corporation has not registered within two previous calendar years, the Secretary of State shall not be required to mail to such corporation the required forms. The registration shall be executed by the corporation by its president, a vice-president, secretary, an assistant secretary, treasurer, or an assistant treasurer, or, if the corporation is in the hands of a receiver or trustee, the registration shall be executed on behalf of the corporation by such receiver or trustee.

Page 1504

(c) Failure to hold an organizational meeting or to commence business shall not relieve a corporation of its duty to file an annual registration. Such registration shall be made on the same forms prescribed by subsection (b) of this Code section, shall be executed by the incorporator or one of the initial directors, and shall set forth: (1) That the corporation has not held its organizational meeting or commenced business in this state; (2) The name of the corporation and the jurisdiction under the laws of which it is incorporated; (3) The address and county of the registered office in this state and the name of its registered agent or agents in this state at such address and, in the case of a foreign corporation, the address of its principal office or registered office in the jurisdiction under the laws of which it is incorporated; (4) The names and respective addresses of the incorporators or directors; and (5) Such additional information as may be necessary or appropriate as determined by the Secretary of State for the performance of his duties under this title. Section 27 . Said title is further amended by striking Code Section 14-3-271, relating to period for filing annual reports and correction of annual reports, in its entirety and substituting in lieu thereof a new Code Section 14-3-271 to read as follows: 14-3-271. (a) The annual registration of a domestic or foreign corporation shall be delivered to the Secretary of State between January 1 and April 1 of each year except that the initial annual registration of a foreign corporation shall be filed between January 1 and April 1 of the year next succeeding the calendar year in which its certificate of authority was issued by the Secretary of State. The initial annual registration of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing, except that the initial annual registration of a domestic corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between January 1 and April 1 of the year next succeeding the calendar year in which its certificate of incorporation

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was issued by the Secretary of State. Proof to the satisfaction of the Secretary of State that prior to 12:00 Midnight on the last day of such filing period such annual registration was deposited in the United States mail in a sealed envelope, properly addressed, with first class postage prepaid, shall be deemed a compliance with this requirement. (b) If the Secretary of State finds that such annual registration conforms to the requirements of this chapter, he shall file the same. If he finds that it does not so conform, he shall promptly return the same to the corporation for any necessary corrections, in which event the penalties prescribed in this chapter for failure to file such annual registration within the time provided in subsection (a) of this Code section shall not apply, if such annual registration is corrected to conform to the requirements of this chapter and returned to the Secretary of State within one calendar month from the date it was returned to the corporation. Section 28 . Said title is further amended by striking Code Section 14-3-291, relating to fees for filing documents and issuing certificates, in its entirety and substituting in lieu thereof a new Code Section 14-3-291 to read as follows: 14-3-291. The Secretary of State shall charge and collect for: (1) Filing articles of incorporation and issuing a certificate of incorporation $20.00 (2) Filing articles of amendment and issuing a certificate of amendment 20.00 (3) Filing restated articles of incorporation and issuing a certificate of restated articles 20.00 (4) Filing articles of merger or consolidation and issuing a certificate of merger or consolidation. 25.00 (5) Filing an application to reserve a corporate name 10.00 (6) Filing an application to reserve a corporate name for a period of five years pursuant to subsection (c) of Code Section 14-2-41 30.00 (7) Filing a notice of transfer of a reserved corporate name 10.00 (8) Filing a statement of change of address of registered office or change of registered agent, or both 5.00 (9) Filing articles of dissolution 20.00 (10) Filing an application of a foreign corporation for a certificate of authority to conduct affairs in this state and issuing a certificate of authority 50.00 (11) Filing an application of a foreign corporation for an amended certificate of authority to conduct affairs in this state and issuing an amended certificate of authority 30.00 (12) Filing a certificate of amendment or a certificate of restatement of the articles of incorporation of a foreign corporation holding a certificate of authority to transact business in this state 10.00 (13) Filing a certificate of merger of a foreign corporation holding a certificate of authority to conduct affairs in this state 25.00 (14) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal 15.00 (15) Filing an application to register a foreign corporate name 15.00 (16) Filing an application to renew a registered name of a foreign corporation 15.00 (17) Filing an application of a foreign or domestic corporation for a certificate of reinstatement and issuing a certificate of reinstatement 25.00 (18) Filing any other statement or report, except annual registration, of a domestic or foreign corporation 10.00 (19) Filing annual registration of a domestic or foreign corporation 10.00 (20) Filing a statement of intent to dissolve a nonprofit corporation 10.00 (21) Filing a statement of revocation of voluntary dissolution proceedings 10.00 Section 29 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1983. GEORGIA CEMETERY ACT OF 1983. Code Title 44, Chapter 3 Amended. No. 548 (House Bill No. 115). AN ACT To amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, so as to provide for the registration and regulation of cemeteries, dealers of burial merchandise and services, and salespersons of burial lots, rights, merchandise, or services; to define terms; to provide for the creation of a trust funds and to prescribe their use; to provide for the creation of a preneed burial merchandise and services escrow account and to prescribe its use; to provide for powers and duties of the Secretary of State; to provide for certificates of registration and the revocation, suspension, and renewal of such certificates; to provide for fees; to provide for hearings, investigations, audits, and examinations; to provide for rules and regulations; to authorize injunctions and prosecution of violations; to provide for the seizure of assets; to provide for procedures in the event of sale or transfer of registrant's ownership; to provide for penalties; to provide for civil liabilities; 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 . Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, is amended by striking Article 4 in its entirety and inserting in lieu thereof a new Article 4 to read as follows: ARTICLE 4 44-3-130. This article shall be known as and may be cited as the `Georgia Cemetery Act of 1983.' 44-3-131. (a) As used in this article, the term: (1) `Burial merchandise' means any merchandise normally offered or sold by a cemetery company for use in connection with the interment, entombment, or inurnment of human remains. This includes, but is not limited to, subterranean crypts, mausoleums, markers and monuments, whether bronze or otherwise, bronze plaques and vases, and vaults; and also includes foundations or footings of any type. (2) `Burial right' means the right to use a grave space, mausoleum, or columbarium for the interment, entombment, or inurnment of human remains. (3) `Burial service' or `service' means any service offered or provided by a cemetery company or preneed dealer in connection with the interment, entombment, or inurnment of human remains as described in paragraph (1) of subsection (a) of this Code section. (4) `Cemetery' means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. It may be either a burial park for earth interments, or a mausoleum for vault or crypt interments, or a combination of one or more thereof. The term `cemetery' or `cemeteries' as used in this article shall not include governmentally owned cemeteries, fraternal cemeteries, church and synagogue cemeteries, or family burial plots. (5) `Cemetery company' means an individual, partnership, corporation, or association now or hereafter organized, owning or

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controlling cemetery lands or property and conducting the business of a cemetery or making an application with the Secretary of State to own or control such lands or conduct such business. (6) `Crypt' means a chamber of sufficient size to inter the remains of a deceased person. (7) `Human remains' means the bodies of deceased human beings and includes the bodies in any stage of decomposition and the cremated remains. (8) `Interment' or `entombment' means any lawful disposition of the remains of the deceased human being as provided by law. (9) `Subterranean crypts' means interment space in preplaced chambers, either side by side or multiple depth, covered by earth and sod. These are also known as westminsters or turf-top crypts. (10) `Lot' or `grave space' means a space of ground in a cemetery intended to be used for the interment in the ground of human remains. (11) `Mausoleum' means a structure or building which is substantially exposed above the ground and which is used, or intended to be used, for the interment of human remains in crypts or niches. (12) `Niche' means a space used, or intended to be used, for the interment of the cremated remains of one or more deceased human beings. (13) `Nonperpetual care' is a term used to describe any cemetery which does not offer perpetual care as defined in this Code section. (14) `Perpetual care' is a term used to describe the maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a properly maintained cemetery. In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for the purposes of this article.

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(15) `Person' means an individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization. (16) `Preneed interment service' or `preneed service' means any service which is not performed at the time of sale and which is offered or provided by a cemetery or preneed dealer in connection with the interment of human remains, except those services offered regarding mausoleums and the normal and customary installation charges on burial merchandise. (17) `Preneed dealer' means every person, other than a salesperson registered under this article, who engages, either for all or part of his time, directly or indirectly, as agent, broker, or principal in the retail business of offering, selling, or otherwise dealing in burial merchandise as defined in this article which is not attached to realty or delivered to the purchaser at the time of sale but does not include any establishment offering and selling burial merchandise subject to the jurisdiction of the Commissioner of Insurance pursuant to Chapter 18 of Title 43. (18) `Sale' or `sell' means and shall include every contract of sale or disposition of cemetery property, burial right, burial lot, burial services, or burial merchandise for value. The term `offer to sell,' `offer for sale,' or `offer' shall include any attempt or offer to dispose of, or solicitation of an offer to buy cemetery property, burial lots, burial rights, burial services, or burial merchandise for value. This definition shall not include wholesalers of burial merchandise. (19) `Salesperson' means an individual employed or appointed or authorized by a cemetery, cemetery company, or preneed dealer to sell cemetery property, burial lots, burial rights, burial merchandise, burial services, or any other right or thing of value in connection with the interment of human remains. The owner of a cemetery, the executive officers, and general partners of a cemetery company shall not be deemed to be salespersons within the meaning of this definition unless they are paid a commission for the sale of said property, lots, rights, burial merchandise, or burial services. (20) `Secretary of State' or `Secretary' means the Secretary of State of the State of Georgia.

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(21) `Wholesale cost' means the cost to the cemetery or preneed dealer of burial merchandise as of the date of the most recent preneed escrow account quarterly report filed pursuant to subsection (e) of Code Section 44-3-134. (b) The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to the provisions of this article. 44-3-132. (a) No salesperson, as defined by this article, shall offer for sale or sell any burial lot, right, burial service, or burial merchandise in connection with any cemetery unless he is a registered salesperson pursuant to the provisions of this Code section. (b) Each individual employed, appointed, or authorized to offer for sale or to sell any burial lots, rights, burial merchandise, or burial services on behalf of a cemetery company or preneed dealer shall be identified in a statement of registration pursuant to Code Section 44-3-134. Such registration statement shall contain the name, address, telephone number, and employment history for the five years previous to the date of filing and whether the individual has ever been convicted of a misdemeanor of which fraud is an essential element or has ever been convicted of a felony and, if so, all pertinent information with respect to such conviction. (c) Every registration under this Code section shall expire on the first day of August of each year. Each salesperson's renewal application shall be filed with and shall be an integral part of the renewal application of each cemetery, cemetery company, or preneed dealer as provided for under Code Section 44-13-134 of this article. Upon any change in the employment or registration information concerning the salespersons of a cemetery, cemetery company, or preneed dealer, such cemetery, cemetery company, or preneed dealer shall promptly notify the Secretary of State and shall furnish to him in writing such information concerning such individuals, which information has not previously been filed as required in an original application for registration. 44-3-133. (a) The registration of any salesperson may be suspended, revoked, or denied by the Secretary of State as provided in subsection (b) of this Code section if he finds that such registrant: (1) Has willfully made or caused to be made in any application for registration under this article, or in any hearing conducted

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by the Secretary of State, any statement which, at the time and in the light of the circumstances under which it was made, was false or misleading with respect to any material fact, or has willfully omitted to state in any such application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; (2) Has willfully violated or willfully failed to comply with any provision of this article or a predecessor law or any regulation or order promulgated or issued under this article or any predecessor law; (3) Has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the cemetery business or has ever been convicted of a felony; or (4) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the cemetery business. (b) Where the Secretary of State finds that there are grounds for revocation or suspension as herein provided, he may issue an order suspending or revoking the registration of any salesperson. Such order shall not be effective until notice and opportunity for hearing are provided in accordance with Code Section 44-3-147 and until the Secretary shall issue a written order in accordance with Code Section 44-3-147 if such salesperson requests a hearing under Code Section 44-3-147; but the Secretary may, if he finds that the public safety or welfare requires emergency action, order an immediate suspension of the registration of a salesperson. An order of immediate suspension will expire automatically if the Secretary fails to afford notice and opportunity for hearing pursuant to Code Section 44-3-147 of this article. 44-3-134. (a) It shall be unlawful for any person to offer for sale or to sell any cemetery burial rights, burial services, or burial merchandise to any purchaser in this state unless (1) the related cemetery or preneed dealer is registered pursuant to this Code section, or (2) such related cemetery or preneed dealer is exempt from the provisions of this article. The owner of each cemetery and preneed dealer shall apply for and obtain a certificate or registration from the Secretary of State; and it shall be unlawful to sell any burial lots,

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rights, burial services, or burial merchandise without obtaining and maintaining a valid certificate. (b) (1) Every registration statement filed under this Code section shall be made in writing in a form prescribed by the Secretary of State, shall be executed by the applicant, shall be duly verified under oath, shall be filed in the office of the Secretary of State, and shall contain the following information: (A) The name of the applicant; (B) The location, mailing address, and telephone number of the applicant; (C) The location of the records of the applicant; (D) The owner of the applicant, including the owner's name, address, telephone number, and date the present owner took control of the cemetery; if the owner is a corporation, the president, secretary, and registered agent of the corporation and their respective addresses and telephone numbers; the owner of controlling interest and the percentage of his interest; the date, and jurisdiction of organization; (E) A copy of the articles of incorporation, bylaws, cemetery rules and regulations, and amendments of the owner company or any substantially equivalent documents. Any such document once filed with the Secretary of State pursuant to this article shall be deemed to be on file and incorporated into any subsequent renewal or filing of such cemetery registration; provided, however, that each registrant is under a continuing duty to update such filing and to notify the Secretary of State regarding any changes or amendments to the articles of incorporation, bylaws, cemetery rules and regulations, or substantially equivalent documents; (F) A description of any judgment of pending litigation to which the applicant or the cemetery, its individual owner, corporate owner, or person who owns controlling interest of the owner is a party and which could materially affect its business or assets;

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(G) Whether the owner of the applicant owns any other entities in Georgia regulated by this article and, if so, their location, mailing address, telephone number, and type of registration; (H) A consent to service of process meeting the requirements of Code Section 44-3-148 for actions brought by the State of Georgia; (I) A list of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any burial lots, rights, burial merchandise, or burial services on behalf of the cemetery applicant. Such list shall contain the information required by the provisions of Code Section 44-3-132; (J) A balance sheet of the applicant cemetery dated as of the end of the most recent fiscal year and in no event dated more than 15 months from the date of filing, which the Secretary shall treat as confidential and not open to public inspection; and (K) Such other reliable and other necessary information as the Secretary of State may require by rule or regulation promulgated pursuant to Chapter 13 of Title 50, known as the Georgia Administrative Procedure Act. (2) A registration statement under this Code section shall become effective upon the issuing of a certificate of registration by the Secretary of State or at such earlier time as the Secretary determines. (c) (1) For the purposes of this Code section, `perpetual care' shall be defined as and have the same meaning as that contained in Code Section 44-3-131 of this article. In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for purposes of this article. (2) Each cemetery or cemetery company which holds out to the public or advertises or contracts perpetual care in connection with the sale or lease of cemetery lots, grave spaces, niches, or crypts shall establish and maintain an irrevocable trust fund.

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(A) The initial deposit to said irrevocable trust fund shall be the sum of $10,000.00 and the deposit of said sum shall be made before selling or contracting to sell any cemetery property or burial right. The trust fund shall apply only to sales or contracts for sale of lots, grave spaces, niches, or crypts in which perpetual care has been promised or guaranteed. (B) The corpus of the trust fund shall be deposited in a bank, savings and loan institution, trust company, or other depository or trustee which is approved by the Secretary of State or which meets the standards contained in the rules and regulations promulgated by the Secretary of State. (C) Whenever any cemetery lot, grave space, niche, or crypt wherein perpetual care or endowment care is promised or contracted for or guaranteed is sold by any cemetery, the cemetery shall make deposits to the trust fund that equal the sum of $10.00 per burial space or 10 percent of the sales price, whichever is greater, or 5 percent of the total sales price of mausoleums, niches, or crypts. Deposits to the trust fund shall be made after receipt of final payment and prior to the time the next quarterly report is required to be filed with the Secretary of State, provided that all deposits to the trust fund shall be completed within six years from the date of the signing of the perpetual care contract. (D) The initial $10,000.00 corpus of the perpetual care trust fund shall not be counted as part of the required deposits and shall be considered to be corpus or principal. (E) The income from the trust fund shall be paid to the owner of the cemetery for his own use and benefit until such income so paid has reached the total of $10,000.00. Thereafter, the income earned by the trust fund shall be paid to the cemetery and used exclusively for covering the costs of care and maintenance of the perpetual care cemetery, or the sections of the cemetery which have been designated as perpetual care sections, including reasonable administrative expenses incurred in connection therewith. The income of the trust fund shall be paid to the cemetery at intervals agreed upon by the cemetery and the trustee, but in no case shall the income be paid more often than monthly.

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(F) There shall be no withdrawals from the trust fund except pursuant to the provisions of this article or by court order. (G) (i) The assets of said trust fund shall be invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees regarding the making and depositing of investments with trust moneys pursuant to Code Sections 53-8-1 through 53-8-4. Subject to said terms, conditions, limitations, and restrictions, the trustee of the perpetual care trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments. (ii) Any state bank, national bank, trust company, or other financial institution authorized to act in a fiduciary capacity in this state, which presently or in the future serves as a fiduciary or cofiduciary of the trust fund of a perpetual care cemetery, may invest part or all of such trust fund held by it for investment in interests or participation in one or more common trust fund established by that state bank, national bank, trust company, or other financial institution for collective investment, if such investment is not expressly prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship and if, in the case of cofiduciaries the trust institution procures the consent of its cofiduciary or cofiduciaries to such investment, and notwithstanding the fact that such common trust funds are not invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees in the making and disposing of their investments. (H) Moneys of the perpetual care trust fund shall not be invested in or loaned to any business venture controlled by, or in an affiliate of, the cemetery individual owner, corporate owner, or person who owns controlling interest of the corporate owner.

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(I) The trustee shall furnish yearly to the Secretary of State a financial report with respect to the perpetual care trust fund. (3) Any cemetery which has established an irrevocable trust fund prior to July 1, 1983, and said trust fund meets the minimum criteria established by an Act providing for the registration and regulation of cemeteries, approved April 4, 1969 (Ga. L. 1969, p. 242), shall not be required to establish a new trust fund; provided, further, that any such cemetery which has sold all of its lots, grave spaces, niches, or crypts and is unable to make any future sales shall not be required to establish a trust fund as provided herein. (4) Perpetual care cemeteries shall be registered with the Secretary of State according to the provisions of subsection (b) of Code Section 44-3-134. In addition to the requirements of subsection (b), the applicant shall also include the following: (A) A filing fee of $100.00; (B) The name, address, and telephone number of each trustee; (C) A copy of a perpetual care trust fund agreement executed by the applicant and accepted by the trustee calling for an initial deposit of $10,000.00 and a copy of a bank cashier's check or certified check attached for such amount and payable to such trustee, the trust agreement being conditioned only upon issuance of a certificate of registration; and (D) A consent to service executed by the trustee pursuant to Code Section 44-3-148. (5) Every registration under this subsection shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed. The filing fee for renewal of registration shall be $50.00.

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(d) (1)For the purposes of this Code section, `nonperpetual care' shall be defined as and have the same meaning as that contained in Code Section 44-3-131. In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for purposes of this article. (2) Nonperpetual care cemeteries shall be registered with the Secretary of State according to the provisions of subsection (b) of Code Section (b), the applicant shall also include a filing fee of $25.00. (3) Every registration under this Code section shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed. The filing fee for renewal of registration shall be $25.00. (e) (1)Each preneed dealer, as defined in this article, which sells burial merchandise as defined on a preneed basis or preneed interment services shall establish and maintain a preneed escrow account. (A) The amount to be deposited to said escrow account shall be the actual wholesale cost of the burial merchandise sold or 35 percent of the sales price of such burial merchandise. If the contract of sale shall include cemetery space, mausoleum crypts which have not been constructed at the time of sale, or attachments to realty, or both, the portion of the sales price attributable to the sale of the contemplated burial merchandise shall be determined, and it shall only be as to such portion of the total contract that deposit of wholesale cost or 35 percent of the sales price shall be required. In the event that the sale of burial merchandise is on an installment contract, the contemplated trust deposit shall be a pro rata part from each installment payment, such deposit only being required pro rata as payments are made by the purchaser for such burial merchandise. In the event the

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installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to the actual wholesale cost of such burial merchandise or 35 percent of the sales price of such burial merchandise. (B) In the event that preneed interment or entombment services are sold, the amount to be deposited to said escrow account shall be 100 percent of the sales price of such services. The time and manner of deposit shall be the same as that specified for deposit of burial merchandise sale funds to the escrow account. (C) The deposit specified in subparagraph (e)(1)(A) of this Code section shall be made prior to the date of the next required filing of the quarterly report with the Secretary of State. (D) The preneed escrow account shall be established and maintained in a state bank, state savings and loan institution, savings bank, trust company, national bank, federal savings and loan association, or other organization approved by the Secretary of State which is located and doing business in this state. (E) (i) Funds may be released from the escrow account when the burial merchandise is delivered to the purchaser or attached to realty, or when the preneed dealer shall have paid the wholesale price of the burial merchandise to a manufacturer approved by the Secretary of State and when the manufacturer shall have certified to the purchaser that such payment has been made and that such burial merchandise will be delivered upon request of the purchaser, or at such times as described in the rules and regulations promulgated by the Secretary of State. Deposits made from funds received in payment for preneed services shall remain in the escrow account until such services are performed, at which time said funds shall be released to the cemetery upon certification of performance. (ii) The funds on deposit under the terms hereof shall be deemed and regarded as escrow funds pending delivery of the burial merchandise concerned; but after

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delivery of the burial merchandise concerned, upon completion of each phase of construction of mausoleum crypts, or the performance of preneed interment services, the registrant shall be authorized to withdraw or offset proportionately such funds and treat the same as money belonging to him; provided, however, that until delivery of burial merchandise is complete, construction is completed, or services are performed, the preneed dealer shall at no time withdraw funds in excess of the actual cost incurred in such delivery, construction, or performance. (2) Preneed dealers shall be registered with the Secretary of State according to the provisions of subsection (b) of Code Section 44-3-134. In addition to the requirements of subsection (b), the applicant shall also include the following: (A) A filing fee of $100.00; (B) The name, address, location, and telephone number of the preneed burial escrow account depository, the name of the account, the account number, and a financial report regarding said account; (C) An executed copy of the escrow agreement setting forth the method used for computing the preneed escrow deposit requirements. This agreement shall not be changed or amended without the prior written approval of the Secretary of State; and (D) The name, address, and telephone number of the escrow agent. (3) Every registration under this subsection shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed. The filing fee for renewal of registration shall be $50.00.

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44-3-135. (a) Every person registering pursuant to Code Section 44-3-134 shall pay a filing fee as mandated by subsection (c), (d), or (e) of Code Section 44-3-134. Such initial filing fees and respective renewal fees shall be cumulative. For the purposes of this Code section, cumulative filing fees shall mean that a person who registers under subsection (c) or (d) of Code Section 44-3-134, who also sells burial merchandise or burial services under subsection (e) of Code Section 44-3-134, shall pay a filing fee that is equal to the sum of the filing fee required under subsection (c) or subsection (d) and the filing fee required by subsection (e). (b) Any document filed under this article or a predecessor law may be incorporated by reference as an exhibit to any registration statement filed under Code Section 44-3-134 to the extent that the document is currently accurate; provided, however, that each registrant is under a continuing duty to update such filing and to notify the Secretary of State regarding any changes or amendments to such documents on file. (c) A registration statement may be amended by filing with the Secretary of State an amended application signed by the persons required to sign the original registration under Code Section 44-3-134. Any such amendment shall become effective when the Secretary of State so orders. (d) Every applicant registered pursuant to Code Section 44-3-134 shall agree to deliver in Georgia, on demand of the Secretary of State, all records and documents concerning funds, accounts, transactions, and activities of said applicant or said applicant shall agree to pay the expenses incurred in sending an auditor approved by the Secretary to wherever such records and documents are located for the purpose of conducting an audit pursuant to the provisions of this article. (e) When any cemetery or preneed dealer registered under Code Section 44-3-134 is sold or the ownership is otherwise transferred, or a controlling interest is sold or transferred, the vendor or the transferor of such cemetery, preneed dealer, or interest shall remain liable for any funds that should have been deposited prior to the date of such sale or transfer in the perpetual care trust fund or the preneed escrow account, or both.

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(1) Prior to such sale or transfer, the vendor or transferor shall notify the Secretary of State of the proposed transfer and submit to the Secretary of State any document or record the Secretary may require in order to demonstrate that said vendor or transferor is not indebted to the perpetual care trust fund or the preneed escrow account, or both. After the transfer of ownership or control and the presentation of proof of currency of the perpetual care trust fund or the preneed escrow account, or both, by the vendor or transferor, the Secretary of State may require the presentation of proof of the continued current status of the perpetual care trust fund or the preneed escrow account, or both, by the vendee or transferee. The Secretary of State is authorized to recover from such vendor, transferor, vendee, or transferee, for the benefit of the perpetual care trust fund or the preneed escrow account, or both, all sums which the vendor, transferor, vendee, or transferee has not properly accounted for and paid into the trust fund. (2) When the vendee or transferee has complied with the provisions of this subsection, he shall submit to the Secretary of State an application for registration and appropriate fees pursuant to Code Section 44-3-134. The Secretary shall then issue a certificate of registration to said vendee or transferee. 44-3-136. (a) The Secretary of State 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 44-3-147 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, 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) The applicant has failed to file financial reports required by Code Section 44-3-134; (3) The applicant has failed to pay the filing fees required by Code Section 44-3-134;

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(4) The person or entity registered or sought to be registered or the individual owner, corporate owner, or person who owns controlling interest of the corporate owner has been adjudicated to have committed fraud, has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the cemetery business, or has been convicted of a felony; or (5) Any provision of this article or any rule, order, or condition lawfully imposed under this article has been willfully violated by (A) the person filing the registration statement; (B) the registrant's individual owner, corporate owner, or person who owns controlling interest of the corporate owner; or (C) the trustee or escrow agent of a trust fund or escrow account established and maintained pursuant to the provisions of this article. (b) The Secretary of State may deny registration or refuse to grant renewal of registration if he finds that such refusal or denial is in the public interest and that: (1) The registration statement does not contain a current list of cemetery salespersons and accompanying information as required by Code Section 44-3-132; (2) The applicant has not paid filing fees or renewal fees as required by Code Section 44-3-134; or (3) The applicant has not filed the financial reports required by Code Section 44-3-134. (c) In addition to the actions authorized in subsections (a) and (b) of this Code section, the Secretary of State shall be authorized to impose a penalty fee of $25.00 per month or fraction of a month for the late filing of a renewal registration statement or late filing of financial reports required by this article, or both. However, the penalty fee or fees imposed for the late filing of registration statements or financial reports may be waived by the Secretary of State upon just cause being shown by the party against whom the fee is imposed. (d) The Secretary may by order summarily postpone or suspend the effectiveness of the registration statement or refuse to register any applicant pending final determination of any proceeding under

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this Code section. Upon the entry of the order, the Secretary shall promptly notify the registrant of the order and the reasons therefor and that, within 15 days after the receipt of a written request, the matter will be heard. If no hearing is requested and none is ordered by the Secretary, the order will remain in effect until it is modified or vacated by the Secretary. If a hearing is requested or ordered, the Secretary, after notice of an opportunity for hearing to the persons affected, may modify or vacate the order or extend it until final determination. (e) The Secretary 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. (f) No stop order issued under any part of this Code section, except the first sentence of subsection (d) of this Code section, shall become effective until and unless the Secretary of State has complied with the provisions of Code Section 44-3-147. 44-3-137. (a) Each registrant under subsection (c) or (e), or both, of Code Section 44-4-134 shall establish and maintain a separate and distinct account for the perpetual care trust fund and for the preneed escrow account. There shall be no commingling, codeposits, or transfers of funds between the accounts, except pursuant to court order and with the knowledge and consent of the Secretary of State. (b) Each registrant shall keep and maintain separate books, records, accounts, and documents regarding the transaction of its business. The books, records, accounts, and documents related to the keeping of funds pursuant to the provisions of this article and the rules and regulations promulgated thereunder shall be kept and maintained by the registrant separately from the other books, records, accounts, and documents related to the transaction of business. (c) A cemetery owner or an officer or director of a cemetery company may be a trustee of the perpetual care trust fund of a cemetery which the individual or cemetery company owns upon approval of the Secretary of State. Said trustee shall be required to be bonded and to file such bond with the Secretary of State; however, the Secretary shall have the authority to waive said bond upon a showing of financial stablility and assets.

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(d) The Secretary of State shall have the authority to prescribe or approve the form of the perpetual care trust agreement and shall have the authority to approve or disapprove any amendments to said trust agreement as of July 1, 1983. (e) The Secretary of State shall have the authority to prescribe or approve the form of the preneed escrow account agreement and shall have the authority to approve or disapprove any amendments to said escrow account agreement as of July 1, 1983. (f) A trustee or escrow agent of a registrant may be removed pursuant to the provisions of Code Section 44-3-143 of this article or by other means provided by the laws of this state. (g) A cemetery company or preneed dealer may use a sales contract containing an allocation of proceeds section, provided full disclosure of the allocation of proceeds is explained to the purchaser. The perpetual care obligations imposed by this article must be deposited when any of the following events occur but not later than the time required by subsection (c) of Code Section 44-3-134: (1) The allocation of proceeds applies the funds to the perpetual care trust; or (2) When sufficient funds have been applied to the price of the contract according to allocation of proceeds provision to indicate full payment of the lot, grave space, niche, burial right, or crypt. (h) A preneed dealer must notify the Secretary of State whether the wholesale cost method or the 35 percent of the sales price method will be used for computing preneed escrow account deposits. The method of computing said deposits shall be the same for determining the amount of all escrow account deposits and the method shall not be changed except upon the written approval of the Secretary of State. (i) In lieu of the preneed deposits specified in subparagraph (e)(1)(A) of Code Section 44-3-134, a preneed dealer may post such proof of financial responsibility as the Secretary of State shall, by rule and regulation, require for the protection of persons purchasing burial merchandise.

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(j) Each perpetual care cemetery and preneed dealer shall file a report concerning the perpetual care trust and the preneed escrow account at least quarterly with the Secretary of State. The report shall be on a form approved by the Secretary of State. 44-3-138. 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 hereunder 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 in this state, in the county of the cemetery's or preneed dealer's location or residence in this state, 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. 44-3-139. (a) The administration of the provisions of this article shall be vested in the Secretary of State, who may delegate such of his powers and duties hereunder to a division director of his office as he shall deem appropriate. (b) The Secretary of State shall keep a record of all proceedings related to his duties under this article and shall keep a register in which shall be entered the names of all cemeteries to whom certificates of registration are issued, which register shall be open at all times for public inspection. (c) The Secretary shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this article. (d) The Secretary shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of this law may require. The Secretary shall also have authority to appoint and employ investigators who shall have, in any case that there is a 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. (e) The Secretary 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.

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44-3-140. (a) The Secretary of State, at his discretion: (1) May make such public or private investigations or examinations within or outside of 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 hereunder or to aid in the enforcement of this article or in the prescribing of rules and regulations hereunder; and (2) May require or permit any person to file a statement in writing, under oath or otherwise as the Secretary determines, as to all the facts and circumstances concerning the matter to be investigated. (b) For the purpose of conducting any investigation as provided in this Code section, the Secretary shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and, for such purposes, the Secretary is authorized to issue a subpoena for any witness or a subpoena for the production of documentary 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 Secretary 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 Secretary in the same manner that other expenses of the Secretary 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 Secretary, 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) The Secretary is authorized to hold investigative hearings with respect to any matter under this article. A hearing as provided for herein may be conducted by any person designated by the Secretary for that purpose. A transcript of the testimony and evidence

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resulting from such hearing may, but need not, be transcribed by the Secretary. A report of the investigative hearing shall be included in the investigative report prepared for the Secretary. Any recommendations of the designated representative of the Secretary shall be advisory only and shall not have the effect of an order of the Secretary. (e) The Secretary of State shall have the authority to audit or cause to be audited the books of each registrant that has established and maintained a perpetual care trust fund or a preneed escrow account pursuant to this article. Said audit may be conducted by the Secretary as frequently as the Secretary may deem appropriate, provided that, in lieu of an audit, the Secretary may accept a certified report of examination from a certified public accountant as to the accuracy of the condition of each trust fund or escrow account. Furthermore, in the event that the Secretary of State may find reason to believe in any case that the amounts of funds on deposit are less than that required by this article, the Secretary of State may require such increase of deposit as he reasonably believes necessary to accomplish the provisions of this article. (f) Pursuant to the auditing powers given to the Secretary by this article, the Secretary of State may assess against the registrant audited reasonable and necessary expenses incurred by an audit for cause if such audit results in an adverse finding pursuant to an administrative action or legal action, such assessment not to exceed $50.00 in expenses per auditor per day. 44-3-141. (a) The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all property within such cemetery; for regulating and preventing the introduction and care of plants or shrubs within such grounds; for regulating the conduct of persons and preventing improper assemblages therein; and for all other purposes deemed necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of safeguarding the premises and the principles, plans, and ideas on which the cemetery was organized. From time to time, the owner may amend, add to, revise, change, modify, or abolish such rules and regulations. Such rules and regulations shall be plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual

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place for transacting the regular business of the cemetery; provided, however, that no cemetery to which the provisions of Article 4 of Chapter 3 of Title 44 are applicable shall have the power to adopt any rule or regulation in conflict with any of the provisions of said article, chapter, and title or in derogation of the contract rights of lot owners. (b) The owner of every cemetery shall have the further right to establish reasonable rules and regulations regarding the type material, design, composition, finish, and specifications of any and all merchandise to be used or installed in the cemetery. Reasonable rules may further be adopted regarding the installing by the cemetery or others of all merchandise to be installed in the cemetery. Such rules and regulations shall be posted conspicuously and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery. No cemetery owner shall have the right to prevent the use of any merchandise purchased by a lot owner, his representative, his agent, or his heirs or assigns from any source, provided the merchandise meets all rules and regulations. (c) All cemetery owners shall have a full and complete schedule of all charges for services provided by the cemetery plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery. 44-3-142. (a) It shall be unlawful for any person: (1) To sell any cemetery property, burial rights, burial services, or burial merchandise without obtaining and maintaining a valid registration with the Secretary of State; (2) To sell or offer to sell any cemetery property, burial rights, burial services, or burial merchandise 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 buyer 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 sell or offer to sell any cemetery property, burial rights, burial services, or burial merchandise in violation of any provision of this article or rule, regulation, or order promulgated

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or issued by the Secretary of State under any provision of this article. (b) It shall be unlawful for any person to misappropriate, convert, illegally withhold, or fail to account for any cemetery trust funds, escrow funds, or other funds established or maintained pursuant to this article. (c) It shall be unlawful for any person knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this article, any statement which is, at the time it is made and in the 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 cemetery property, burial rights, burial services, or burial merchandise, 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. 44-3-143. (a) Whenever it may appear to the Secretary, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this article or by any rule, regulation, or order of the Secretary promulgated or issued pursuant to any Code section of this article or which is declared to be unlawful under this article, the Secretary may, at 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 consumers, prohibiting such person from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in Code Section 44-3-147; (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 engaging therein or doing any acts

Page 1532

in furtherance thereof, and for appointment of a receiver or an auditor and such other and further relief as the facts may warrant; or (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 their individual discretion, institute the necessary criminal proceedings. (b) In any proceedings for an injunction, the Secretary may apply for and be entitled to have issued the court's subpoena requiring the appearance forthwith of any defendant and his agents, employees, partners, officers, or directors, and 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 the public 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 the appearance forthwith of any defendant or his agents, employees, partners, officers, or directors and the production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings. (d) In any civil proceeding brought under this Code section, if the Secretary of State shall establish that a perpetual care trust fund or preneed escrow account has not been established and maintained as required, the assets of the cemetery, cemetery company, or preneed dealer may be seized and sold by the state under orders of the court to the extent necessary to provide said perpetual care trust fund or preneed escrow account and set up the same. In addition, where the certificate of registration has been revoked, the whole company property may be ordered sold after the perpetual care trust fund and preneed escrow account has been established so that the purchaser of the cemetery may continue to operate the same and maintain it under the terms of this article. (e) The Secretary of State shall have the authority to petition a court of competent jurisdiction to remove a trustee or escrow agent for violation of the provisions of this article, the rules and regulations promulgated in accordance therewith, or for other unlawful acts and practices.

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(f) In addition to any other penalties that may be imposed, any person willfully violating any provisions of Code Section 44-3-142 or of Code Section 44-3-136 or any rule, regulation, or order of the Secretary of State made pursuant to Code Section 44-3-142 or 44-3-136 shall be subject to a civil penalty not to exceed $100.00 for each day that such violation or violations persist but not exceeding the total sum of $5,000.00. However, such penalty shall only be imposed if the person shall fail to correct any failure, refusal, or violation after written notice of the Secretary of State to correct same. The Secretary of State shall be authorized in his discretion to decline to impose a penalty or to impose any lesser penalty that he may deem to be sufficient and appropriate in any particular case. The amount of such penalty may be collected by the Secretary of State in the same manner that money judgments are now enforced in the superior courts of this state, except that the order or finding of the Secretary of State as to such penalty may be appealed according to the provisions of Code Section 44-3-146 of this article. 44-3-144. (a) Any person who shall willfully 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 willfully violate subsection (b) of Code Section 44-3-142 or any provision of this article regarding the establishment, maintenance, or reporting of any trust, reserve, or escrow funds mandated by this article 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. (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. 44-3-145. (a) Any person who violates any provision of subsection (a), (b), or (d) of Code Section 44-3-142 of this article shall be liable to the person buying such cemetery property, burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the consideration paid in cash for the cemetery property, burial lot, burial right, burial merchandise, or burial service.

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(b) In addition to the remedy set forth in subsection (a) of this Code section, a purchaser may apply to a court of competent jurisdiction in this state for an order authorizing the recovery of the preneed escrow deposit if a registrant fails to deliver burial merchandise or perform preneed burial services in accordance with the terms of the preneed sales contract. (c) No person may bring action under this Code section more than two years from the date of the scheduled completion of the contract for sale or from the date of the 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 commonlaw right of any person in any court for any act involving the sale of cemetery property, burial lot, burial right, burial merchandise, or burial services. 44-3-146. (a) An appeal may be taken from any order of the Secretary resulting from a hearing held in accordance with the provisions of Code Section 44-3-147 of this article by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary, 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 Secretary 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

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record shall constitute appellant's complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court's normal procedures. (c) If the order of the Secretary shall be reversed, the court shall by its mandate specifically direct the Secretary 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 contained therein. 44-3-147. (a) Where the Secretary has issued any order forbidding the sale of cemetery property, burial lots, burial rights, burial merchandise, or burial services under any provision of this article, he shall promptly send to the cemetery owner, cemetery company, or preneed dealer and to the persons who have filed such registration a notice of opportunity for hearing. Before entering an order refusing to register any person and after the entering of any order for revocation or suspension, the Secretary shall promptly send to such person a notice of opportunity for hearing. Hearings shall be conducted by the Secretary pursuant to Code Section 44-3-147. (b) Notices of opportunity for hearing shall be served by investigators appointed by the Secretary 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 or which is proposed to be issued; (2) The ground for issuing such order or proposed order; and (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. Except as provided in subsection (b) of Code Section 44-3-133, 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.

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(d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such hearings, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Secretary is authorized, at the request of the person requesting such hearing or upon his own initiative, to issue a subpoena for any witnesses or a subpoena for the production of documentary 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 Secretary 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 Secretary in the same manner that other expenses of the Secretary 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 Secretary and the person requesting such hearing shall agree that such a stenographic record of the testimony shall not be taken. A transcript of the proceeding shall be made available to a party upon the payment of reasonable costs. The Secretary shall pass upon the admissibility of such evidence, but a party may at any time make objections to such rulings thereon; and, if the Secretary 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. (f) If the Secretary 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, the Secretary shall issue a written order which shall set forth his findings with respect to the matters involved and enter an order in accordance with his findings. 44-3-148. When consent to service of process is required under this article, such consent to service of process shall be in the form prescribed by the Secretary, shall be irrevocable, and shall provide

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that actions brought by the State of Georgia arising out of or founded upon the sale of cemetery property, burial lots, burial rights, burial services, or burial merchandise in violation of this article may be commenced in any court of competent jurisdiction with proper venue within this state by the service of process or pleadings upon the Secretary of State against the person executing such consent. Notwithstanding any provision in any other law to the contrary, service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary shall, if made on the Secretary, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary 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 Secretary of State. 44-3-149. Any condition, stipulation, or provision binding any person acquiring any cemetery property, burial lot, burial right, burial merchandise, or burial services to waive: (1) Compliance with any provision of this article or of the rules and regulations promulgated hereunder; (2) Any rights provided by this article or by the rules and regulations promulgated hereunder; or (3) Any defenses arising under this article or under the rules and regulations promulgated hereunder; shall be void. 44-3-150. For any action taken or any proceeding had under the provisions of this article or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune. 44-3-151. (a) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, 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.

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(b) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State 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. 44-3-152. (a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 1983, except that no civil action 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, no later than July 1, 1983. (b) All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect. They shall be deemed to have been filed, entered, or imposed under this article but are governed by prior law. (c) Judicial review of all administrative orders as to which review proceedings have not been instituted by July 1, 1983, are governed by Code Section 44-3-146 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, no later than August 1, 1983. Section 2 . This Act shall become effective on July 1, 1983. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1983.

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GOVERNOR, LIEUTENANT GOVERNOROATH OF OFFICE. OFFICE OF ENERGY RESOURCES ESTABLISHED. Code Title 45, Chapter 12 Amended. No. 549 (House Bill No. 24). AN ACT To amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change the provisions relating to the oath of office of the Governor; to provide for an oath of office for the Lieutenant Governor; to abolish the Georgia Council for Energy Resources; to establish the Office of Energy Resources; to provide for a director and other personnel; to attach such office to the Office of Planning and Budget for administrative 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 . It is the intent of Section 2 of this Act to implement the provisions of Article V, Section I, Paragraph VI of the Constitution of the State of Georgia. Section 2 . Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by striking Code Section 45-12-4, relating to the oath of office of the Governor, in its entirety and inserting in lieu thereof a new Code Section 45-12-4 to read as follows: 45-12-4. The Governor-elect shall, before he enters on the duties of his office, take the following oath in the presence of the General Assembly in joint session of the Senate and House of Representatives: `I do solemnly swear or affirm that I will faithfully execute the office of Governor of the State of Georgia and will, to the best of my ability, preserve, protect, and defend the Constitution thereof and the Constitution of the United States.'

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Upon so taking the oath, the Governor-elect shall become Governor. The Lieutenant Governor-elect shall take the same oath with the substitution of `Lieutenant Governor' for `Governor' and upon so taking such oath shall become Lieutenant Governor. Section 3 . Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by striking in its entirety Part 3 of Article 4 thereof, which reads as follows: Part 3 45-12-150. Planning, developing, and managing Georgia's energy resources while protecting the economic, social, and environmental values of its citizens requires expanded authority and capability and a unified, coordinated response within state government. It is the public policy of this state to ensure energy conservation and efficiency; to ensure the wise management and development of traditional energy resources; and to ensure the development and placement into the market place of viable alternate energy resources for the purposes of providing an adequate energy supply, economic prosperity, and a safe environment for Georgians. 45-12-151. There is created an energy resources advisory council to be known as the `Georgia Council for Energy Resources.' 45-12-152. The council shall consist of 11 members as follows: the vice-president for research, University of Georgia; the vice-president for research, Georgia Institute of Technology; two members of the House of Representatives, to be appointed by the Speaker thereof; two members of the Senate, to be appointed by the Lieutenant Governor; and five individuals from and representative of the public at large, to be appointed by the Governor. The council shall meet upon the call of the Governor. Appointments to the council shall be made within 30 days of the Governor's announcement of the council session. Unless extended by the General Assembly, the council shall be abolished on July 1, 1984. 45-12-153. (a) The council shall: (1) Evaluate and assess state energy policies and their impact upon the economy and the environment and make recommendations thereon to the Governor and the General Assembly;

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(2) Encourage the cooperation of federal, state, and local governmental officers, units, activities, and agencies in the promotion and attainment of the purposes of this part; (3) Enlist the cooperation of public utilities, civic and community organizations, industrial and commercial organizations, labor organizations, and other identifiable groups in order to develop and implement programs which further the purposes of this part; (4) Recommend actions which would assist in eliminating duplication of effort among governmental departments and agencies involved in energy activities; and (5) Recommend to the Governor actions needed to accomplish the purposes of this part. (b) The council may recommend the adoption of rules and regulations to the director of the Office of Planning and Budget to carry out the purposes of this part. 45-12-154. There is established within the Office of Planning and Budget a division to be designated as the Office of Energy Resources. The director of the Office of Planning and Budget shall select and appoint the director of said office and select other such personnel as he shall determine to be necessary to fulfill the purposes of this part. 45-12-155. (a) The Office of Energy Resources shall have sole authority and responsibility for the administration of this part. (b) The Office of Energy Resources shall have the authority and responsibility to do the following: (1) Consult with other departments, agencies, or officials of this state, or political subdivisions thereof, and appropriate private and professional organizations in matters related to energy. Any other department, educational institution, agency, or official of this state or political subdivision thereof which in any way would affect the administration or enforcement of this part is required to coordinate all such activities with the Office of Energy Resources to assure orderly and efficient administration and enforcement of this part;

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(2) To do all things necessary to cooperate with the United States government and to qualify for, accept, and disburse any private grant intended for the administration of this part; (3) To apply for, receive, accept, and administer federal funds and programs made available to the state for the purposes of this part; (4) Contract for services if such services cannot be satisfactorily performed by employees of the office or by any other state agency; (5) Enter into agreements to carry out energy-related research and planning jointly with other states or the federal government where appropriate; (6) Inform, educate, and provide materials to other agencies of the state or political subdivisions thereof and to the public on all energy-related matters, with particular emphasis on energy consumption trends and their social, environmental, and economic impacts; conservation and energy efficiency; and alternative energy technologies; (7) Monitor and assess the relationship and impact of international, federal, and regional energy policies on the state's energy policies and programs; (8) Collect and analyze data relating to past, present, and future consumption levels for all sources of energy and report such findings to the Governor annually. Such reports shall make recommendations on actions which would further the purposes stated in Code Section 45-12-150; (9) Prepare, and present to the government for approval, a standby emergency plan setting forth actions to be taken in the event of an impending serious shortage of energy or a threat to public health, safety, or welfare; (10) Design and implement a program to encourage energy conservation and efficiency, to include, but not be limited to, public, commercial, industrial, governmental, and residential areas;

Page 1543

(11) Maintain awareness of all energy-related research, with particular emphasis on alternative energy resources creating minimal environmental impact, which research could be of importance to the state's welfare for the purposes of providing constructive and supportive action; and (12) Solicit funds made available for the purposes of information, research studies, demonstrations, and projects of professional and civic orientation which are related to energy conservation and efficiency, the development and utilization of alternative energy technologies, and other appropriate energy-related areas. 45-12-156. The Office of Energy Resources shall develop and administer an energy extension service utilizing existing organizations and their networks at the state and substate levels to the maximum extent possible for program implementation. 45-12-157. The energy extension service program shall provide, but not be limited to, the following: (1) Technical assistance to industrial, commercial, and institutional establishments for the purpose of facilitating the use of energy conservation techniques, energy efficient technologies, and available alternate energy technologies; (2) An advisory service to residential, commercial, industrial, and institutional energy consumers on energy conservation measures, energy efficient technologies, and available alternate energy systems; (3) Public education and training workshops on energy conservation and available alternate energy systems; and (4) A feedback mechanism to maintain awareness of energy research and development needs at the local level. 45-12-158. The director of the Office of Planning and Budget shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this part., and inserting in lieu thereof a new Part 3 to read as follows:

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Part 3 45-12-150. Planning, developing, and managing Georgia's energy resources while protecting the economic, social, and environmental values of its citizens requires expanded authority and capability and a unified, coordinated response within state government. It is the public policy of this state to ensure energy conservation and efficiency; to ensure the wise management and development of traditional energy resources; and to ensure the development and placement into the market place of viable alternate energy resources for the purposes of providing an adequate energy supply, economic prosperity, and a safe environment for Georgians. 45-12-151. There is established the Office of Energy Resources which shall be attached for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Office of Planning and Budget. The director of the Office of Energy Resources shall be selected and appointed by the Governor and shall serve at his pleasure. The director of the Office of Energy Resources shall have the authority to select, with the concurrence of the Governor, other personnel to fulfill the purposes of this part. 45-12-152. (a) The Office of Energy Resources shall have sole authority and responsibility for the administration of this part. (b) The Office of Energy Resources shall have the authority and responsibility to do the following: (1) Consult with other departments, agencies, or officials of this state, or political subdivisions thereof, and appropriate private and professional organizations in matters related to energy. Any other department, educational institution, agency, or official of this state or political subdivision thereof which in any way would affect the administration or enforcement of this part is required to coordinate all such activities with the Office of Energy Resources to assure orderly and efficient administration and enforcement of this part; (2) To do all things necessary to cooperate with the United States government and to qualify for, accept, and disburse any private grant intended for the administration of this part;

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(3) To apply for, receive, accept, and administer federal funds and programs made available to the state for the purposes of this part; (4) Contract for services if such services cannot be satisfactorily performed by employees of the office or by any other state agency; (5) Enter into agreements to carry out energy related research and planning jointly with other states or the federal government where appropriate; (6) Inform, educate, and provide materials to other agencies of the state or political subdivisions thereof and to the public on all energy related matters, with particular emphasis on energy consumption trends and their social, environmental, and economic impacts; conservation and energy efficiency; and alternative energy technologies; (7) Monitor and assess the relationship and impact of international, federal, and regional energy policies on the state's energy policies and programs; (8) Collect and analyze data relating to past, present, and future consumption levels for all sources of energy and report such findings to the Governor annually. Such reports shall make recommendations on actions which would further the purposes stated in Code Section 45-12-150; (9) Prepare, and present to the government for approval, a standby emergency plan setting forth actions to be taken in the event of an impending serious shortage of energy or a threat to public health, safety, or welfare; (10) Design and implement a program to encourage energy conservation and efficiency, to include, but not be limited to, public, commercial, industrial, governmental, and residential areas; (11) Maintain awareness of all energy related research, with particular emphasis on alternative energy resources creating minimal environmental impact, which research could be of importance to the state's welfare for the purposes of providing constructive and supportive action; and

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(12) Solicit funds made available for the purposes of information, research studies, demonstrations, and projects of professional and civic orientation which are related to energy conservation and efficiency, the development and utilization of alternative energy technologies, and other appropriate energy related areas. 45-12-153. The Office of Energy Resources shall develop and administer an energy extension service utilizing existing organizations and their networks at the state and substate levels to the maximum extent possible for program implementation. 45-12-154. The energy extension service program shall provide, but not be limited to, the following: (1) Technical assistance to industrial, commercial, and institutional establishments for the purpose of facilitating the use of energy conservation techniques, energy efficient technologies, and available alternate energy technologies; (2) An advisory service to residential, commercial, industrial, and institutional energy consumers on energy conservation measures, energy efficient technologies, and available alternate energy systems; (3) Public education and training workshops on energy conservation and available alternate energy systems; and (4) A feedback mechanism to maintain awareness of energy research and development needs at the local level. 45-12-155. The director of the Office of Energy Resources shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this part. 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 April 1, 1983.

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PUBLIC SCHOOL CHILDRENSCREENING FOR SCOLIOSIS. Code Section 20-2-772 Enacted. No. 550 (House Bill No. 129). AN ACT To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health of public school children, so as to provide for screening of public school children for scoliosis; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia, relating to health of public school children, is amended by adding at the end of said Part 3 a new Code Section 20-2-772 to read as follows: 20-2-772. In addition to any other requirements of this part, the Department of Human Resources is authorized and directed, in cooperation with the State Board of Education, to promulgate rules and regulations to provide for the screening of public school children for scoliosis. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1983.

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GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT. Code Title 10, Chapter 1, Article 22 Enacted. No. 551 (Senate Bill No. 199). AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the Georgia Motor Vehicle Franchise Practices Act; to provide for general provisions; to provide for legislative findings; to provide definitions; to provide for civil actions for violations; to provide for application of the article; to provide for a statute of limitations; to provide that the remedies contained in the article are not exclusive remedies; to provide for the Georgia Motor Vehicle Dealer's Day in Court Act; to provide that franchisors must act in good faith in their dealings with dealers; to provide for the Motor Vehicle Warranty Practices Act; to provide for warranty and predelivery obligations; to provide for liability for transportation damages; to provide for payment of certain attorney's fees; to provide for the Motor Vehicle Franchise Continuation and Succession Act; to provide for termination, cancellation, and nonrenewal rights in a motor vehicle franchise; to provide for survivorship and succession rights in a motor vehicle franchise; to provide for ownership and management protections for motor vehicle dealers; to provide for the Motor Vehicle Fair Practices Act; to provide for restrictions against unfair trade practices; to provide for burdens of proof; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding at the end thereof a new Article 22 to read as follows:

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ARTICLE 22 Part 1 10-1-620. This article shall be known and may be cited as the `Georgia Motor Vehicle Franchise Practices Act.' 10-1-621. The General Assembly finds and declares that: (1) The distribution and sale of motor vehicles within this state are vital to the general economy of this state and to the public interest and public welfare; (2) The provision for warranty service and the repair of predelivery transportation damages to motor vehicles is of substantial concern to the people of this state; (3) The maintenance of full and fair competition among dealers and others is in the public interest; and (4) The maintenance of strong and sound dealerships is essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state. 10-1-622. As used in this article, the term: (1) `Dealer' means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. The term `dealer' shall not mean any person engaged solely in the business of selling used motor vehicles. (2) `Dealership' means: (A) The dealer, if the dealer is a corporation, partnership, or other business organization; or (B) All business assets used in connection with the dealer's business pursuant to the franchise including, but not limited to, the dealership facilities, the franchise, inventory, accounts receivable, and good will if the dealer is an individual.

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(3) `Dealership facilities' means the location at which a dealer, pursuant to a franchise, maintains a permanent showroom for new motor vehicles. (4) `Designated successor' means any person or child who, in the case of the owner's death, is entitled to inherit the ownership interest in the dealership under the owner's will or who, in the case of an incapacitated owner, has been appointed by a court as the legal representative of the owner's property or has been otherwise lawfully nominated or constituted to manage the dealership on behalf of the owner. A `designated successor' may also mean a person specifically named in the franchise agreement or any addendum to the franchise agreement. (5) `Distributor' means any person, resident or nonresident, who directly or indirectly in the ordinary course of business and on a recurring basis sells such new motor vehicles to a dealer for resale if such person is the principal supplier of any make of motor vehicle for two or more dealers. (6) `Franchise' means the written agreement or contract between any franchisor and any dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract and pursuant to which the dealer purchases and resells motor vehicles or leases or rents the dealership facilities. (7) `Franchisor' means: (A) Any person, resident or nonresident, who directly or indirectly licenses or otherwise authorizes one or more dealers to use a trademark or service mark associated with a make of motor vehicle in connection with the retail sale of new motor vehicles bearing such trademark or service mark; and (B) Any person who in the ordinary course of business and on a recurring basis sells such new motor vehicles to a dealer for resale. (8) `Good faith' means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as defined and interpreted in Code Section 11-1-203.

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(9) `Manufacturer' means any person who performs the major portion of the assembly of a new motor vehicle. (10) `Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products and except construction equipment. (11) `New motor vehicle' means a motor vehicle which has been sold to a dealer and on which the original motor vehicle title has not been issued. (12) `Owner' means any person holding an ownership interest in a dealership. (13) `Person' means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. (14) `Warrantor' means any person who gives a warranty in connection with a new motor vehicle. (15) `Warranty' means a written document signed or authorized by the party on whose behalf it is given which is made or given incident to the sale or lease of a new motor vehicle which contains either statements or promises that said new motor vehicle meets or will meet certain standares or promises to perform certain repairs or other services in connection with said new motor vehicle if necessary. Such term does not include service contracts, mechanical or other insurance, or `extended warranties' sold for separate consideration by a dealer or other person not controlled by a manufacturer or distributor. 10-1-623. (a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or other terms or provisions of any novation, waiver, or other written instrument, any person who is or may be injured by a violation of a provision of this article or any party to a franchise who is so injured in his business or property by a violation of a provision of this article relating to that franchise or any person so injured because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this article may bring an action for damages and equitable relief including injunctive relief.

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(b) If the franchisor engages in aggravated or continued multiple intentional violations of a provision or provisions of this article, the court may award punitive damages in addition to any other damages authorized under this part. (c) A dealer, owner, or other party, if he has not suffered any loss of money, property, employment rights, or business opportunity, may obtain final equitable relief if it can be shown that the violation of a provision of this article by a franchisor may have the effect of causing such loss of money, property, employment rights, or business opportunity. (d) This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement. 10-1-624. (a) Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering of advertising for sale or has business dealings with respect to a new motor vehicle sale within this state shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state. (b) The applicability of this article shall not be affected by a choice of law clause in any franchise, agreement, waiver, novation, or any other written instrument. (c) Any provision of any franchise, agreement, waiver, novation, or any other written instrument executed, modified, extended, or renewed after July 1, 1983, which is in violation of any Code section of this article shall be deemed null and void and without force and effect. (d) No franchisor shall use any subsidiary corporation, affiliated corporation, or any other controlled corporation, partnership, association, or person to accomplish what would otherwise be illegal conduct under this article on the part of the franchisor. 10-1-625. Actions arising out of any provision of this article shall be commenced within a four-year period of the accrual of the cause of action; however, if a person liable under this article conceals the cause of action from the knowledge of the person entitled to bring the action, the period prior to the discovery of his cause of action by the person entitled to bring such action shall be excluded in determining the time limited for the commencement of the action.

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10-1-626. The rights, remedies, and duties contained in this article are not exclusive but are cumulative with the rights, remedies, and duties otherwise provided by law. The rights and duties contained in the various parts of this article are not exclusive but are cumulative with the rights and duties provided in other parts of this article. 10-1-627. No franchisor, nor any agent nor employee of a franchisor, shall use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this article and any such agreement, written instrument, or waiver shall be null and void. This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement. Part 2 10-1-630. This part shall be known and may be cited as the `Georgia Motor Vehicle Dealer's Day in Court Act.' 10-1-631. (a) It is declared to be violative of the existing law of the State of Georgia for any franchisor: (1) To fail to act in good faith with any dealer in connection with the sale, transfer, termination, or succession of a franchise or in connection with the operation of a dealer's business pursuant to a franchise or to fail to act in good faith in any of its business transactions with a dealer; or (2) To utilize a boycott, refusal to deal, threat of refusal to deal, coercion, threat of punitive action, withholding of benefits, or other unconscionable business practices in any of its business transactions with a dealer. (b) Without limitation as to other actions which may violate this Code section, it shall be evidence of a violation of this Code section if a franchisor commits any action which would be a violation of any part of the `Georgia Motor Vehicle Franchise Practices Act.' Part 3 10-1-640. This part shall be known and may be cited as the `Motor Vehicle Warranty Practices Act.'

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10-1-641. (a) (1) Each distributor, manufacturer, or warrantor: (A) Shall specify in writing to each of its dealers in this state the dealer's obligations for predelivery preparation including the repair of damages incurred in the transportation of vehicles as set forth in Code Section 10-1-642, recall work, and warranty service on its products; (B) Shall compensate the dealer for such work and service required of the dealer by the distributor, manufacturer, or warrantor; (C) Shall provide the dealer with a schedule of compensation to be paid such dealer for parts, work, and service in connection therewith; and (D) Shall provide the dealer with a schedule of the time allowance for the performance of such work and service. Any such schedule of compensation shall include reasonable compensation for diagnostic work, repair service, and labor. Time allowances for the diagnosis and performance of such work and service shall be reasonable and adequate for the work to be performed. (2) In the determination of what constitutes reasonable compensation under this Code section, the principal factors to be considered shall be the prevailing wage rates being paid by dealers in the community in which the dealer is doing business. In no event shall the hourly labor rate paid to a dealer for such work and service be less than the rate charged by such dealer for like work and service to nonwarranty customers for nonwarranty service and repairs provided such rate is reasonable. (b) Manufacturers and distributors shall include in written notices of factory recalls to new motor vehicle owners and dealers the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects. Manufacturers and distributors shall compensate any dealers in this state for repairs effected by all recalls. (c) All such claims shall be either approved or disapproved within 30 days after their receipt on forms and in the manner

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specified by the manufacturer, distributor, or warrantor, and any claim not specifically disapproved in writing within 30 days after the receipt shall be construed to be approved and payment must follow within 30 days; however, the manufacturer, distributor, or warrantor may retain the right to audit such claims and to charge the dealer for false, incorrect, or unsubstantiated, or fraudulent claims for a period of not more than two years following payment. 10-1-642. Notwithstanding the terms, provisions, or conditions of any agreement of franchise, a manufacturer or distributor selling motor vehicles to dealers is liable for all damages to such motor vehicles before delivery to a carrier or transporter. If a dealer selects the carrier, the risk of loss passes to the dealer upon delivery of the vehicle to the carrier. In every other instance, the risk of loss remains with the franchisor until such time as the dealer or his designee accepts the vehicle from the carrier. 10-1-643. All manufacturers, distributors, and warrantors shall reimburse their dealers for reasonable attorney's fees incurred by the dealer in defending any action in which the dealer is named as a defendant and in which the allegations set forth in the action are based solely upon claims of alleged defective or negligent manufacture, assembly, design of new motor vehicles, parts, or accessories, or other functions by the distributor, manufacturer, or warrantor which are beyond the control of the dealer. For this Code section to be applicable, the dealer must give notice to the manufacturer, distributor, and warrantor within 30 days of the receipt of the action if the manufacturer, distributor, or warrantor is not a named defendant in the action. In addition, this Code section only applies to actions in which a judgment or finding of fault is returned only against the manufacturer, distributor, or warrantor or in which the manufacturer, distributor, or warrantor enters into an agreement which settles or makes final disposition of the action. 10-1-644. This part shall not be applicable with respect to vehicles shipped or contracted to be shipped prior to July 1, 1983, pursuant to contracts which contain provisions which are contrary to matters contained in this part. Part 4 10-1-650. This part shall be known and may be cited as the `Motor Vehicle Franchise Continuation and Succession Act.'

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10-1-651. (a) Notwithstanding the terms, provisions, or conditions of any franchise and notwithstanding the terms or provisions of any waiver, no franchisor shall cancel, terminate, or fail to renew any franchise with a dealer unless the franchisor: (1) Has satisfied the notice requirement of subsection (e) of this Code section; and (2) Has good cause for cancellation, termination, or nonrenewal. (b) Notwithstanding the terms, provisions, or conditions of any franchise or the terms or provisions of any waiver, good cause shall exist for the purposes of a termination, cancellation, or nonrenewal when there is a failure by the dealer to comply with a provision of the franchise which is both reasonable and of material significance to the franchise relationship, provided the dealer has been notified in writing of the failure within 180 days after the franchisor first acquired knowledge of such failure or after the dealer is given a reasonable opportunity to correct such failure for a period of not less than 180 days. (c) If the failure by the dealer, as defined in subsection (b) of this Code section, relates to the performance of the dealer in sales or service, then good cause shall be defined as the failure of the dealer to comply with reasonable performance criteria established by the franchisor if: (1) The dealer was notified by the franchisor in writing of such failure; (2) Said notification stated that notice was provided of failure of performance pursuant to this Code section; and (3) The dealer was afforded a reasonable opportunity, for a period of not less than six months, to comply with such criteria. (d) The franchisor shall have the burden of proof under this Code section. (e) (1) Notwithstanding franchise terms to the contrary, prior to the termination, cancellation, or nonrenewal of any franchise, the franchisor shall furnish notification, as provided in paragraph

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(2) of this subsection, of such termination, cancellation, or nonrenewal to the dealer as follows: (A) Not less than 90 days prior to the effective date of such termination, cancellation, or nonrenewal; (B) Not less than 15 days prior to the effective date of such termination, cancellation, or nonrenewal with respect to any of the following: (i) Insolvency of the dealer, or filing of any petition by or against the dealer under any bankruptcy or receivership law; (ii) Failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the dealer; (iii) Conviction of the dealer, general manager, or managing executive or any owner with a substantial interest therein of any crime which materially relates to the operation of the dealership or any felony which is punishable by imprisonment; (iv) Suspension for a period of more than 14 days or revocation of any license which the dealer is required to have to operate a dealership; or (v) Fraud or intentional misrepresentation by the dealer which materially affects the franchise, provided the franchisor gives notice within one year of the time when the fraud or misrepresentation occurred or was discovered, whichever is later; or (C) Not less than 180 days prior to the effective date of such termination or cancellation where the franchisor is discontinuing the sale of the product line. (2) Notification under this Code section shall be in writing and shall be by certified mail or personally delivered to the dealer and shall contain:

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(A) A statement of intention to terminate, cancel, or not to renew the franchise; (B) A statement of the reasons for the termination, cancellation, or nonrenewal; and (C) The date on which such termination, cancellation, or nonrenewal is to take effect. (f) (1) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor pursuant to this Code section, the dealer shall be paid fair and reasonable compensation by the franchisor for the following: (A) Any new and unused current model year motor vehicle inventory which has been acquired from the franchisor so long as the motor vehicle has not been altered, damaged, or materially changed while in the dealer's possession; (B) Any unused, undamaged, and unsold supplies and parts which have been acquired from the franchisor, provided such supplies and parts are currently offered for sale by the franchisor in its current parts catalog and are in salable condition; (C) Any equipment and furnishings purchased from the franchisor or its approved sources within three years of the date of termination, cancellation, or nonrenewal; and (D) Any special tools purchased from the franchisor within three years of the date of termination, cancellation, or nonrenewal or any special tools which the franchisor required the dealer to purchase. (2) Fair and reasonable compensation for the above shall in no instance be less than the net acquisition price if the items were acquired in the 12 months preceding the effective date of termination, cancellation, or nonrenewal, or the fair market value if the items were acquired more than 12 months preceding the effective date of termination, cancellation, or nonrenewal and shall be paid by the franchisor within 90 days of the effective date of termination, cancellation, or nonrenewal, provided the dealer has clear

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title to the inventory and other items or is able to convey such title to the franchisor and does convey or transfer title and possession of the inventory and other items to the franchisor. (g) In the event of a termination, cancellation, or nonrenewal by the franchisor pursuant to subsection (c) of this Code section, relating to the performance of the dealer in sales or service, then the franchisor shall pay the dealer a sum equivalent to the rent for the unexpired term of the lease or for one year, whichever is less. If the dealer owns the dealership facilities, the franchisor shall pay the dealer a sum equivalent to the reasonable rental value of the dealership facilities for one year. Each time limit set forth in this subsection may be for a longer term if so provided in the franchise agreement. (h) If, in an action for damages under this section, the franchisor fails to prove that there was good cause for the franchise termination, cancellation, or nonrenewal, then the franchisor may pay the dealer an amount equal to the value of the dealership as an ongoing business, at which time the franchisor shall receive any title to the dealership facilities which the dealer may have and the franchisee shall surrender his franchise agreement to the franchisor. If the dealer receives an amount equal to the value as an ongoing business, the dealer shall have no other recovery from the franchisor absent a showing such as would warrant punitive damages under Code Section 10-1-623. (i) Without limitation as to factors which may constitute or indicate a lack of good cause, no termination shall be considered to be for good cause: (1) If such termination relates to the death or disability of an owner and the franchisor has not complied with Code Section 10-1-652; or (2) If such termination relates to a change in ownership or management and the franchisor has not complied with Code Section 10-1-653. 10-1-652. (a) Unless there exists good cause for refusal to honor succession on the part of the franchisor, any designated successor of a deceased or incapacitated owner may succeed to the ownership interest of the owner under the existing franchise if:

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(1) The designated successor gives the franchisor written notice of his or her intention to succeed to the ownership interest within 60 days of the owner's death or incapacity or within a longer period if so provided in the franchise agreement; and (2) The designated successor agrees to be bound by all the terms and conditions of the franchise. (b) The franchisor may request, and the designated successor shall provide promptly upon said request, personal and financial data that is customarily required by the franchisor to determine whether the succession should be honored. (c) If a franchisor believes that good cause exists for refusing to honor the succession to the ownership interest of an owner by a designated successor of a deceased or incapacitated owner, the franchisor may, within 60 days following receipt of notice of the designated successor's intent to succeed to the ownership interest of the owner or any personal or financial data which the franchisor has requested, serve upon the designated successor notice of its refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer; however, if the franchisor shall enter into one or more interim or trial agreements with the designated successor, which interim or trial agreements may not extend more than three years from the owner's death or disability, then and in such event such notice shall be deemed timely if sent within 60 days of the termination of such interim or trial agreement. The notice must state the specific grounds for the refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer. (d) If a franchisor refuses to honor the succession to the ownership interest of a deceased or incapacitated owner, then and in such event: (1) The franchisor shall allow the designated successor a reasonable period of time which shall not be less than six months in which to negotiate a sale of the dealership. Any such sale shall be subject to Code Section 10-1-653; and (2) Upon termination of the franchise pursuant to such refusal, the provisions of Code Section 10-1-651 shall apply.

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(e) If notice of refusal and discontinuance is not timely served upon the designated successor, the franchise shall continue in effect subject to termination only as otherwise permitted by this part. (f) In determining whether good cause for the refusal to honor the succession exists, the franchisor has the burden of proving that the designated successor is a person who is not of good moral character or does not meet the franchisor's existing and reasonable standards. (g) No franchisor shall terminate, cancel, or fail to renew any franchise solely because of the death or incapacity of an owner who is not listed in the franchise as one on whose expertise and abilities the franchisor relied in the granting of the franchise. (h) This Code section does not preclude a new motor vehicle dealer from time to time designating any person as his or her successor by written instrument filed with the manufacturer or distributor and, if such instrument is currently on file with such manufacturer or distributor, it alone shall determine the succession rights to the management and operation of the dealership. 10-1-653. (a) If a new motor vehicle dealer desires to make a change in its executive management or ownership or to sell its principal assets, the new motor vehicle dealer will give the franchisor prior written notice of the proposed change or sale. The franchisor shall not arbitrarily refuse to agree to such proposed change or sale. Where the franchisor rejects a proposed change or sale, the franchisor shall give written notice of his reasons to the new motor vehicle dealer within 60 days. If no such notice is given to the new motor vehicle dealer, the change or sale shall be deemed approved. The franchisor shall have the burden of proof to show that its disapproval is not arbitrary. (b) In the alternative, the franchisor may offer to purchase an ownership interest in a new motor vehicle dealership on such terms and conditions, including entering into any ancillary or auxiliary contracts, as were disclosed by the owner to the franchisor. 10-1-654. This part shall be applicable only to franchise agreements made, entered into, renewed, continued, or extended after June 30, 1983.

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Part 5 10-1-660. This part shall be known and may be cited as the `Motor Vehicle Fair Practices Act.' 10-1-661. (a) No franchisor shall require, attempt to require, coerce, or attempt to coerce any dealer in this state: (1) To order or accept delivery of any new motor vehicle, part, or accessory thereof, equipment, or any other commodity not required by law which shall not have been voluntarily ordered by the dealer; except that this paragraph does not affect any terms or provisions of a franchise requiring dealers to market a representative line of those motor vehicles which the franchisor is publicly advertising; (2) To order or accept delivery of any new motor vehicle with special features, accessories, or equipment not included in the list price of such new motor vehicle as publicly advertised by the franchisor; (3) To refrain from participation in the management of, investment in, or the acquisition of any other line of new motor vehicle or related products. However, this paragraph does not apply unless the dealer maintains a reasonable line of credit for each make or line of new motor vehicle, the dealer remains in compliance with any reasonable facilities requirements of the franchisor, the dealer provides acceptable sales performance, and no change is made in the principal management of the dealer; (4) To expand, construct, or significantly modify facilities without assurances that the franchisor will provide a reasonable supply of new motor vehicles within a reasonable time so as to justify such an expansion in light of the market and economic conditions; (5) To sell, assign, or transfer any retail installment sales contract obtained by such dealer in connection with the sale by him in this state of new motor vehicles to a specified finance company or class of such companies or to any other specified persons; or

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(6) To provide warranty or other services for the account of franchisor, except as provided in the `Georgia Motor Vehicle Warranty Practices Act.' (b) No action shall in any way be based on this Code section with respect to acts occurring prior to July 1, 1983. 10-1-662. (a) It shall be unlawful for any franchisor: (1) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time and in reasonable quantity if such vehicles, parts, or accessories are publicly advertised as being available for immediate delivery. This paragraph is not violated, however, if such failure is caused by acts or causes beyond the control of the franchisor; (2) To obtain money, goods, services, or any other benefit from any other person with whom the dealer does business, on accout of, or in relation to, the transaction between the dealer and such other person, other than as compensation for services rendered, unless such benefit is promptly accounted for and transmitted to the dealer; (3) To release to any outside party, except under subpoena or as otherwise required by law or in an administrative, judicial, or arbitration proceeding involving the franchisor or dealer, any business, financial, or personal information which may be from time to time provided by the dealer to the franchisor, without the express written consent of the dealer; (4) To resort to or to use any false or intentionally deceptive advertisement in the conduct of his business as a franchisor in this state; (5) To make any false or intentionally deceptive statement, either directly or through any agent or employee, in order to induce any dealer to enter into any agreement or franchise or to take any action which is prejudicial to that dealer or his business; (6) To require any dealer to assent prospectively to a release, assignment, novation, waiver, or estoppel which would relieve any person from liability to be imposed by law or to require any controversy between a dealer and a franchisor to be referred to

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any person other than the duly constituted courts of the state or the United States if such referral would be binding upon the dealer, provided that this Code section shall not prevent any dealer from entering into a valid release agreement with the franchisor; (7) To fail to observe good faith in any aspect of dealings between the franchisor and the dealer; (8) To deny any dealer the right of free association with any other dealer for any lawful purposes; or (9) To engage in any predatory practice or discrimination against any dealer. (b) No action shall in any way be based on this Code section with respect to acts occurring prior to July 1, 1983. 10-1-663. (a) No franchisor shall require, attempt to require, coerce, or attempt to coerce any dealer in this state: (1) To participate monetarily in an advertising campaign or contest or to purchase any promotional materials, training materials, showroom or other display decorations, or materials at the expense of the dealer; or (2) To change or refrain from changing the capital structure or ownership of the dealer or the means by or through which the dealer finances the operation of the dealership, provided the dealer at all times meets any reasonable capital standards determined by the franchisor in accordance with uniformly applied criteria and provided no change in the capital structure shall cause a change in the principal management or have the effect of a sale of the franchise without the consent of the franchisor, which consent shall not unreasonably be withheld. (b) No franchisor shall: (1) Refuse to disclose to any dealer the manner and mode of distribution of the same line make as handled by the dealer within the dealer's market area;

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(2) Increase prices of new motor vehicles which the dealer had ordered for consumers prior to the dealer's receipt of the written official price increase notification. A sales contract signed by a consumer shall constitute evidence of each such order, provided the vehicle is in fact delivered to that customer. Price differences applicable to new models or series shall not be considered a price increase. Price changes caused by the addition to a motor vehicle of required or optional equipment, revaluation of the United States dollar in the case of foreign-make vehicles or components, or an increase in transportation charges due to increased rates imposed by carriers shall not be subject to the provisions of this paragraph; (3) Discriminate unfairly among its dealers with respect to any aspect of operating a motor vehicle dealership; (4) Impose unreasonable restrictions on the dealer relative to noncompetition covenants, site-control, whether by sublease, collateral pledge of lease, or otherwise, right of first refusal to purchase, option to purchase, compliance with subjective standards, or other matters incident to the operation of the dealership; or (5) Unreasonably change the market area of a dealer as set forth in the dealer's franchise agreement. (c) This Code section shall not be effective with respect to franchise agreements entered into before July 1, 1983, unless such franchise agreements are modified, extended, or renewed on or after that date. Section 2 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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Section 3 . This Act shall become effective on July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1983. STATE HEALTH PLANNING AND DEVELOPMENT. Code Title 31, Chapters 6 and 7 Amended. No. 552 (Senate Bill No. 121). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for policy and purpose; to provide for definitions; to provide for a Health Policy Council and its functions and for the compensation and allowances of its members; to provide for a Health Planning Agency and its functions, duties, and executive director; to provide for construction and intent; to provide for certificates of need prior to the offering of certain new institutional health services or health care facilities; to provide for considerations and exceptions thereto; to provide for applications, actions thereon, and reviews; to provide for hearings and reports; to provide for a Health Planning Review Board and the expenses and counsel thereof; to provide for notice, appeals, and judicial review; to provide for issuance, denial, and revocation of certificates of need; to provide for penalties and injunctions; to provide for exceptions; to provide for emergency situations; to provide for rules; to provide for applicability; to abolish a certain commission, agency, council, and board which performed health planning functions and provide for certain successors thereto; to provide for transition; to provide for the applicability of certain provisions of this Act to certain other programs; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking Chapter 6, relating to state health planning and development, and inserting in its place a new Chapter 6 to read as follows: CHAPTER 6 ARTICLE 1 31-6-1. The policy of this state and the purposes of this chapter are to ensure that adequate health care services and facilities are developed in an orderly and economical manner and are made available to all citizens and that only those health care services found to be in the public interest shall be provided in this state. To achieve this public policy and purpose, it is essential that appropriate health planning activities be undertaken and implemented and that a system of mandatory review of new institutional health services be provided. Health care services and facilities should be provided in a manner that avoids unnecessary duplication of services, that is cost effective, and that is compatible with the health care needs of the various areas and populations of the state. 31-6-2. As used in this chapter, the term: (1) `Ambulatory surgical or obstetrical facility' means a public or private facility, not a part of a hospital, which provides surgical or obstetrical treatment to patients not requiring hospitalization. Such term does not include the offices of private physicians or dentists, whether for individual or group practice. (2) `Application' means a written request for a certificate of need made to the planning agency, containing such documentation and information as the planning agency may require. (3) `Bed capacity' means space used exclusively for inpatient care, including space designed or remodeled for inpatient beds even though temporarily not used for such purposes. The number of beds to be counted in any patient room shall be the maximum number for which adequate square footage is provided as established by rules of the Department of Human Resources, except that single beds in single rooms shall be counted even if the room contains inadequate square footage.

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(4) `Certificate of need' means an official determination by the planning agency, evidenced by certification issued pursuant to an application, that the action proposed in the application satisfies and complies with the criteria contained in this chapter and rules promulgated pursuant hereto. (5) `Clinical health services' means diagnostic, treatment, or rehabilitative services provided in a health care facility, or parts of the physical plant where such services are located in a health care facility, and includes, but is not limited to, radiology, radiation therapy, surgery, intensive care, coronary care, pediatrics, gynecology, obstetrics, dialysis, general medical care, medical/surgical care, inpatient nursing care, whether intermediate, skilled, or extended care, cardiac catheterization, open-heart surgery, inpatient rehabilitation, and alcohol, drug abuse, and mental health services. (6) `Consumer' means a person who is not employed by any health care facility or provider and who has no financial or fiduciary interest in any health care facility or provider. (7) `Develop,' with reference to a project, means: (A) Constructing, remodeling, installing, or proceeding with a project, or any part of a project, or a capital expenditure project, the cost estimate for which exceeds $600,000.00; or (B) The expenditure or commitment of funds exceeding $400,000.00 for orders, purchases, leases, or acquisitions through other comparable arrangements of major medical equipment. Notwithstanding subparagraphs (A) and (B) of this paragraph, the expenditure or commitment or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications, or working drawings, or to acquire, develop, or prepare sites shall not be considered to be the developing of a project. (8) `Health care facility' means hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including freestanding

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hemodialysis units; intermediate care facilities; personal care homes not in existence on the effective date of this chapter; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies. (9) `Health maintenance organization' means a public or private organization organized under the laws of this state which: (A) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: usual physicians' services, hospitalization, laboratory, X-ray, emergency and preventive services, and out-of-area coverage; (B) Is compensated, except for copayments, for the provision of the basic health care services listed in subparagraph (A) of this paragraph to enrolled participants on a predetermined periodic rate basis; and (C) Provides physicians' services primarily: (i) Directly through physicians who are either employees or partners of such organization; or (ii) Through arrangements with individual physicians organized on a group practice or individual practice basis. (10) `Health Policy Council' or `council' means the body created by this chapter to advise the Health Planning Agency and adopt the state health plan. (11) `Home health agency' means a public agency or private organization, or a subdivision of such an agency or organization, which is primarily engaged in providing to individuals who are under a written plan of care of a physician, on a visiting basis in the places of residence used as such individuals' homes, part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse, and one or more of the following services: (A) Physical therapy;

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(B) Occupational therapy; (C) Speech therapy; (D) Medical social services under the direction of a physician; or (E) Part-time or intermittent services of a home health aide. (12) `Hospital' means an institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, psychiatric, rehabilitative, geriatric, osteopathic, and other specialty hospitals. (13) `Intermediate care facility' means an institution which provides, on a regular basis, health related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide but who, because of their mental or physical condition, require health related care and services beyond the provision of room and board. (14) `New institutional health service' means: (A) The construction, development, or other establishment of a new health care facility; (B) Any expenditure by or on behalf of a health care facility in excess of $600,000.00 which, under generally accepted accounting principles consistently applied, is a capital expenditure, except expenditures for acquisition of an existing health care facility not owned or operated by or on behalf of a political subdivision of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of Title 31 or certificate of need owned by such facility in connection with its acquisition;

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(C) Any increase in the bed capacity of a health care facility except as provided in Code Section 31-6-47; (D) Clinical health services which are offered in or through a health care facility, which were not offered on a regular basis in or through such health care facility within the 24 month period prior to the time such services would be offered; (E) Any conversion or upgrading of a facility such that it is converted from a type of facility not covered by this chapter to any of the types of health care facilities which are covered by this Chapter; or (F) The purchase or lease by or on behalf of a health care facility of diagnostic or therapeutic equipment with a value in excess of $400,000.00. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project. The dollar amounts specified in subparagraphs (B) and (F) of this paragraph and of paragraph (7) of this Code section shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual rate of change in the composite construction index, published by the Bureau of the Census of the Department of Commerce of the United States government for the preceding calendar year, commencing on July 5, 1983, and on each anniversary thereafter of publication of the index. The planning agency shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of subparagraphs (B) and (F) of this paragraph and of paragraph (7) of this Code section, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites. In the event that the minimum dollar thresholds of $600,000.00 and $400,000.00 for review of capital expenditures or major medical equipment, respectively, are changed by federal enactment above or below the levels

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contained in subparagraphs (B) and (F) of this paragraph and of paragraph (7) of this Code section, then the planning agency shall immediately institute rule-making procedures to adopt such thresholds. The planning agency rules will provide that the new thresholds will at least be applicable to all applications submitted after the effective date of the new planning agency rule. It is the intention of the General Assembly that the minimum thresholds for certificate of need review of capital expenditures and major medical equipment in subparagraphs (B) and (F) of this paragraph and of paragraph (7) of this Code section shall be at least as high as those similar thresholds contained in such federal legislation. (15) `Nonclinical health services' means services or functions provided or performed by a health care facility, and the parts of the physical plant where they are located in a health care facility that are not diagnostic, therapeutic, or rehabilitative services to patients and are not clinical health services defined in this chapter. (16) `Offer' means that the health care facility is open for the acceptance of patients or performance of services and has qualified personnel, equipment, and supplies necessary to provide specified clinical health services. (17) `Person' means any individual, trust or estate, partnership, corporation (including associations, joint-stock companies, and insurance companies), state, political subdivision, hospital authority, or instrumentality (including a municipal corporation) of a state as defined in the laws of this state. (18) `Personal care home' means a residential facility having at least 25 beds and providing, for compensation, protective care and oversight of ambulatory, nonrelated persons who need a monitored environment but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or intermediate care. Personal care homes include those facilities which monitor daily residents' functioning and location, have the capability for crisis intervention, and provide supervision in areas of nutrition, medication, and provision of transient medical care. Such term does not include:

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(A) Old age residences which are devoted to independent living units with kitchen facilities in which residents have the option of preparing and serving some or all of their own meals; or (B) Boarding facilities which do not provide personal care. (19) `Planning agency' means the Health Planning Agency created by this chapter to carry out the state's health planning and certificate of need programs. (20) `Project' means a proposal to take an action for which a certificate of need is required under this chapter. A project or proposed project may refer to the proposal from its earliest planning stages up through the point at which the new institutional health service is offered. (21) `Review board' means the Health Planning Review Board created by this chapter. (22) `Skilled nursing facility' means a public or private institution or a distinct part of an institution which is primarily engaged in providing inpatient skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. (23) `State health plan' means a comprehensive program adopted by the Health Policy Council, approved by the Governor, and implemented by the State of Georgia for the purpose of providing adequate health care services and facilities throughout the state. ARTICLE 2 31-6-20. (a) There is created a Health Policy Council to be appointed by the Governor, subject to confirmation by the Senate. The council shall be composed of 25 members. There shall be at least two members from each of the congressional districts in the state, and the remaining five members of the council shall be appointed at large, at least three of whom shall be consumers. The Governor shall appoint the chairman of the council. From each congressional district

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the Governor shall appoint a consumer of health care and a representative of providers of health care. The members shall serve for a term of two years. (b) The members of the council attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for the compensation and allowances of certain state officials. (c) The functions of the council shall be to: (1) Adopt the state health plan and submit it to the Governor for his approval; (2) Review, comment on, and make recommendations to the planning agency on proposed rules for the administration of this chapter, except emergency rules prior to their adoption by the planning agency; and (3) Perform such other functions as may be specified for the council by the planning agency. 31-6-21. (a) There is created the Health Planning Agency which is authorized to administer the certificate of need program established under this chapter, and within the appropriations made available to the planning agency by the General Assembly of Georgia and consistently with the laws of the State of Georgia, a state health plan adopted by the policy council and approved by the Governor. The planning agency shall provide, by rule, for its own organization and procedures to administer its functions and shall be attached to the Department of Human Resources for administrative purposes only, as set forth in Code Section 50-4-3. (b) The functions of the planning agency shall be: (1) To conduct the health planning activities of the state and to implement those parts of the state health plan which relate to the government of the state; (2) To prepare and revise a draft state health plan for submission to the policy council for adoption and submission to the Governor;

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(3) To assist the policy council in the performance of its functions; (4) With the prior advice, comment, and recommendations of the policy council, to adopt, promulgate, and implement rules and procedures sufficient to administer the provisions of this chapter, except emergency rules, including the certificate of need program. Such rules and procedures shall be adopted, promulgated, and implemented in accordance with Chapter 13 of Title 50, the `Georgia Administratice Procedure Act.' The rules and procedures of the planning agency shall be submitted to the Human Resources Committee of the Senate and the Health and Ecology Committee of the House of Representatives not later than 30 days prior to the intended action by the planning agency. Each rule or part thereof shall be subject to the making of an objection by either such committee. Any rule or part thereof to which no objection is made shall become adopted at the end of such 30 day approval period. Any rule or part thereof to which an objection is made by both such committees shall not be adopted by the planning agency, and the rule or part thereof shall be considered by the General Assembly at its next regular session, unless such rule or part thereof is withdrawn by the planning agency. A resolution objecting to the rule or part thereof not withdrawn may be introduced in either house of the General Assembly within 30 days of the commencement of such next regular session, and upon such resolution receiving an affirmative majority vote of both houses of the General Assembly, the rule shall be disapproved. If such resolution does not receive approval by both houses of the General Assembly, the rule shall become adopted at the end of such next regular session of the General Assembly. (5) To define, by rule, the form, content, schedules, and procedures for submission of applications for certificates of need and periodic reports; (6) To establish time periods and procedures consistent with this chapter to hold hearings and to obtain the viewpoints of interested persons prior to issuance or denial of a certificate of need; (7) To provide, by rule, for such fees as may be necessary to cover the costs of preparing the record for appeals before the review board of the decisions of the planning agency, which costs

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may include reasonable sharing between the planning agency and the parties to appeal hearings; (8) To provide, by rule, for a reasonable and equitable fee schedule for certificate of need applications; (9) To grant, deny, or revoke a certificate of need as applied for or as amended; and (10) To perform powers and functions delegated by the Governor, which delegation may include the powers to carry out the duties and powers which have been delegated to the planning agency under Section 1122 of the Social Security Act of 1935, as amended. 31-6-22. The planning agency shall be directed by an executive director appointed by the Governor. ARTICLE 3 31-6-40. (a) From and after July 1, 1979, only such new institutional health services or health care facilities as are found by the planning agency to be needed shall be offered in the state. Prior to that date, only such new institutional health services or health care facilities which had been found to be needed by the planning agency under the immediately prior provisions of this chapter and the regulations issued thereunder shall have been offered in the state, unless otherwise exempt from the requirements of the law or unless that law was not applicable. It is the intent of this provision to assure that no new institutional health services or health care facilities, as defined prior to July 1, 1983, are allowed to avoid the requirements of the immediately prior provisions of this chapter, and applicable regulations, if those laws and regulations were applicable to them. (b) Any person proposing to develop or offer a new institutional health service or health care facility shall, before commencing such activity, submit an application to the planning agency and obtain a certificate of need in the manner provided in this chapter unless such activity is excluded from the scope of this chapter. 31-6-41. (a) A certificate of need shall be valid only for the defined scope, location, cost, service area, and person named in an

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application, as it may be amended, and as such scope, location, area, cost, and person are approved by the planning agency, unless such certificate of need owned by an existing health care facility is transferred to a person who acquires such existing facility. In such case, the certificate of need shall be valid for the person who acquires such a facility and for the scope, location, cost, and service area approved by the planning agency. (b) A certificate of need shall be valid and effective for a period of 12 months after it is issued, or such greater period of time as may be specified by the planning agency at the time the certificate of need is issued. Within the effective period after the grant of a certificate of need, the applicant of a proposed project shall fulfill reasonable performance and scheduling requirements specified by the planning agency, by rule, to assure reasonable progress toward timely completion of a project. (c) By rule, the planning agency may provide for extension of the effective period of a certificate of need when an applicant, by petition, makes a good faith showing that the conditions to be specified according to subsection (b) of this Code section will be performed within the extended period and that the reasons for the extension are beyond the control of the applicant. 31-6-42. (a) The written findings of fact and decision, with respect to the planning agency's grant or denial of a certificate of need, shall be based on the applicable considerations specified in this Code section and reasonable rules promulgated by the planning agency interpretive thereof. The planning agency shall issue a certificate of need to each applicant whose application is consistent with the following considerations and such rules deemed applicable to a project, except as specified in subsection (d) of Code Section 31-6-43: (1) The proposed new institutional health services are reasonably consistent with the relevant general goals and objectives of the state health plan; (2) The population residing in the area served, or to be served, by the new institutional health service has a need for such services;

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(3) Existing alternatives for providing services in the service area the same as the new institutional health service proposed are neither currently available, implemented, similarly utilized, nor capable of providing a less costly alternative, or no certificate of need to provide such alternative services has been issued by the planning agency and is currently valid; (4) The project can be adequately financed and is, in the immediate and long term, financially feasible; (5) The effects of new institutional health service on payors for health services, including governmental payors, are not unreasonable; (6) The costs and methods of a proposed construction project, including the costs and methods of energy provision and conservation, are reasonable and adequate for quality health care; (7) The new institutional health service proposed is reasonably, financially and physically accessible to the residents of the proposed service area; (8) The proposed new institutional health service has a positive relationship to the existing health care delivery system in the service area; (9) The proposed new institutional health service encourages more efficient utilization of the health care facility proposing such service; (10) The proposed new institutional health service provides, or would provide, a substantial portion of its services to individuals not residing in its defined service area or the adjacent service area; (11) The proposed new institutional health service conducts biomedical or behavioral research projects or new service development which is designed to meet a national, regional, or state-wide need; (12) The proposed new institutional health service meets the clinical needs of health professional training programs which request assistance;

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(13) The proposed new institutional health service fosters improvements or innovations in the financing or delivery of health services; promotes health care quality assurance or cost effectiveness; or fosters competition that is shown to result in lower patient costs without a loss of the quality of care; and (14) The proposed new institutional health service fosters the special needs and circumstances of health maintenance organizations. (b) In the case of applications for the development or offering of a new institutional health service or health care facility for osteopathic medicine, the need for such service or facility shall be determined on the basis of the need and availability in the community for osteopathic services and facilities in addition to the considerations in subsection (a) of this Code section. Nothing in this chapter shall, however, be construed as otherwise recognizing any distinction between allopathic and osteopathic medicine. (c) If the denial of an application for a certificate of need for a new institutional health service proposed to be offered or developed by a: (1) Minority administered hospital facility serving a socially and economically disadvantaged minority population in an urban setting; or (2) Minority administered hospital facility utilized for the training of minority medical practitioners would adversely impact upon the facility and population served by said facility, the special needs of such hospital facility and the population served by said facility for the new institutional health service shall be given extraordinary consideration by the planning agency in making its determination of need as required by this Code section. The planning agency shall have the authority to vary or modify strict adherence to the provisions of this chapter and the rules enacted pursuant hereto in considering the special needs of such facility and its population served and to avoid an adverse impact on the facility and the population served thereby. For purposes of this subsection, the term `minority administered hospital facility' means a hospital controlled or operated by a governing body or administrative staff composed predominantly of members of a minority race.

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(d) For the purposes of the considerations contained in this Code section and in the planning agency's applicable rules, relevant data which were unavailable or omitted when the state health plan or rules were prepared or revised may be considered in the evaluation of a project. (e) The planning agency shall specify in its written findings of fact and decision which of the considerations contained in this Code section and the planning agency's applicable rules are applicable to an application and its reasoning as to and evidentiary support for its evaluation of each such applicable consideration and rule. 31-6-43. (a) Each application for a certificate of need shall be reviewed by the planning agency and within ten working days after the date of its receipt a determination shall be made as to whether the application complies with the rules governing the preparation and submission of applications. If the application complies with the rules governing the preparation and submission of applications, the planning agency shall declare the application complete for review, shall accept and date the application, and shall notify the applicant of the timetable for its review. The planning agency shall also notify a newspaper of general circulation in the county in which the project shall be developed that the application has been deemed complete. The planning agency shall also notify the appropriate area planning and development commission and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review. If the application does not comply with the rules governing the preparation and submission of applications, the planning agency shall notify the applicant in writing and provide a list of all deficiencies. The applicant shall be afforded an opportunity to correct such deficiencies, and upon such correction, the application shall then be declared complete for review within ten days of the correction of such deficiencies, and notice given to a newspaper of general circulation in the county in which the project shall be developed that the application has been so declared. The planning agency shall also notify the appropriate area planning and development commission and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review or when in the determination of the planning agency a significant amendment is filed.

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(b) An applicant may amend its application at any time no later than ten days prior to the end of the review period, and the planning agency may request an applicant to make amendments. The planning agency decision shall be made on an application as amended, if at all, by the applicant. (c) Except as provided in subsection (d) of this Code section, there shall be a time limit of 90 days for review of a project, beginning on the day the planning agency declares the application complete for review. The planning agency may adopt rules for determining when it is not practicable to complete a review in 90 days and may extend the review period upon written notice to the applicant but only for an extended period of not longer than an additional 30 days. (d) The planning agency may order the joinder of an application which is complete for review with one or more subsequently filed applications declared complete for review when: (1) The first and subsequent applications involve similar projects in the same service area or overlapping medical service areas; and (2) The subsequent applications are filed and are declared complete for review within 30 days of the date the first application was declared complete for review. Following joinder of the first application with subsequent applications, none of the subsequent applications so joined may be considered as a first application for the purposes of future joinder. The planning agency shall notify the applicant to whose application a joinder is ordered and all other applicants previously joined to such application of the fact of each joinder pursuant to this subsection. In the event one or more applications have been joined pursuant to this subsection, the time limits for planning agency action for all of the applicants shall run from the latest date that any one of the joined applications was declared complete for review. In the event of the consideration of one or more applications joined pursuant to this subsection, the planning agency may award no certificate of need, or one or more certificates of need to the application or applications, if any, which are consistent with the considerations contained in Code Section 31-6-42, the planning agency's applicable rules, and the award of which will best satisfy the purposes of this chapter.

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(e) The planning agency shall review the application and all written information submitted by the applicant in support of the application to determine the extent to which the proposed project is consistent with the applicable considerations stated in Code Section 31-6-42 and in the planning agency's applicable rules. During the course of the review, the planning agency staff may request additional information from the applicant as deemed appropriate. Pursuant to rules adopted by the planning agency, a public hearing on applications covered by those regulations may be held prior to the date of the agency's decision thereon. Such rules shall provide that when good cause has been shown, a public hearing shall be held by the planning agency. Any interested person may submit information to the planning agency concerning an application, and an applicant shall be entitled to notice of and to respond to any such submission. (f) In the event that the planning agency's initial review of an application indicates that an application is not consistent with the applicable considerations contained in Code Section 31-6-42 and in the planning agency's applicable rules, on or before the sixtieth day after an application, or the last application joined pursuant to subsection (d) of this Code section, is declared complete for review, the planning agency shall provide the applicant an opportunity to meet with the planning agency to discuss the application and an opportunity to submit additional information. Such additional information shall be submitted prior to the seventy-fifth day after the application, or the last application joined pursuant to subsection (d) of this Code section, is declared complete for review. (g) The planning agency shall, no later than 90 days after an application is declared complete for review, or in the event joinder is ordered pursuant to subsection (d) of this Code section, then 90 days after the last joined application is declared complete for review, provide written notification to an applicant of the planning agency's decision to issue or to deny issuance of a certificate of need for the proposed project. In the event the planning agency has extended the review period pursuant to subsection (c) of this Code section, then the planning agency shall provide such written notification within 120 days after the application, or the last application joined pursuant to subsection (d) of this Code section, was declared complete for review. Such notice shall contain the planning agency's written findings of fact and decision as to each applicable consideration or rule and a detailed statement of the reasons and evidentiary support for issuing or denying a certificate of need for the action proposed by each

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applicant. The planning agency shall also mail such notification to the appropriate area planning and development commission and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located. In the event such decision is to issue a certificate of need, the certificate of need shall be effective on the day of the decision unless the decision is appealed to the review board in accordance with this chapter. (h) Should the planning agency fail to provide written notification of the decision within the time limitations set forth in this Code section, an application shall be deemed to have been approved as of the ninety-first day, or the one hundred twenty-first day if the review period was extended pursuant to subsection (c) of this Code section, following notice from the planning agency that an application, or the last of any applications joined pursuant to subsection (d) of this Code section, is declared `complete for review.' 31-6-44. (a) There is created the Health Planning Review Board, which shall be an agency separate and apart from the planning agency. The review board shall be composed of ten members appointed by the Governor, one from each congressional district, and shall include two attorneys. The Governor shall appoint persons to the board who are familiar with the health care industry but who do not have a financial interest in any health care facility. The Governor shall also name the chairman of the review board who shall be an attorney. The purpose of the review board shall be to conduct appeal hearings on decisions of the planning agency, as set forth in this Code section. The review board shall promulgate reasonable rules for its operation and rules of procedure for the conduct of its hearings. The members of the review board shall receive no salary, but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials, and shall also be compensated for services rendered to the review board outside of attendance at an appeal hearing. Such compensation to the members of the review board shall be made by the Department of Administrative Services. (b) Any applicant for a project, or any competing applicant, or any competing health care facility that has notified the planning agency prior to its decision that such facility is opposed to the application before the planning agency, or any county or municipal government in whose boundary the proposed project will be located,

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who is aggrieved by a decision of the planning agency shall have the right to an appeal hearing before a three-member panel of the review board or to intervene in such hearing. Such hearing shall be the administrative remedy for decisions of the planning agency. Such hearing shall be requested within 30 days of the effective date of a decision made pursuant to Code Section 31-6-43. The chairman of the review board shall name the panel for each such hearing, and the panel shall include one lawyer, who shall be the chairman of the panel, and two nonlawyer members of the review board. The member of the review board from the congressional district in which the proposed project is located shall be one of such three members of the panel. The chairman of the panel shall make such rulings as may be required for the conduct of the hearing. The chairman of the panel shall also make all arrangements for scheduling of the hearing. (c) In fulfilling the functions and duties of this chapter, the panel shall act, and the hearing shall be conducted as a full evidentiary hearing, in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' relating to contested cases, except as otherwise specified in this Code section. All files, working papers, studies, notes, and other writings or information used by the planning agency in making its decisions shall be public records and available to the parties, and the chairman of the panel may permit each party to exercise such reasonable rights of prehearing discovery of such information used by the parties as will expedite the hearing. (d) The issue for decision by the panel shall be whether, and the panel shall order the issuance of a certificate of need if, in the panel's judgment the application is consistent with the considerations as set forth in Code Section 31-6-42 and the planning agency's rules, as the panel deems such considerations and rules applicable to review of the project. The panel shall also consider whether the planning agency committed prejudicial procedural error in its consideration of the application. The panel shall make written findings of facts and conclusions of law as to each such consideration or rule, including a detailed statement of the reasons for the decision of the panel. Appellant or applicants shall proceed first with their cases before the panel in the order determined by the chairman of the panel, and the planning agency, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined pursuant to subsection (d) of Code Section 31-6-42, the review board shall have the same powers specified for the planning agency in subsection (d) of Code Section 31-6-42 to issue no certificate of need or one or more certificates of need.

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(e) Unless or otherwise agreed by the parties, all evidence shall be presented at the hearing. A party or intervenor may present any relevant evidence on all issues raised by the panel or any party to the hearing or revealed during discovery, except that, unless in response to an issue raised by an opponent or the panel or revealed during discovery, a party or intervenor may not present a new need study or analysis that is substantially different from any such study or analysis submitted to the planning agency prior to its decision and that could reasonably have been available for submission to the planning agency prior to its decision. Except for such limitation on new studies or analyses, the panel may consider the latest data available, including updates of studies previously submitted, in deciding whether an application is consistent with the applicable considerations and rules. (f) After the issuance of a decision by the planning agency, no party to an appeal hearing, nor any person on behalf of any such party, shall make any ex parte contact with any member of the review board in regard to a project under appeal. (g) The decision of the panel shall be the final administrative decision for purposes of judicial appeal of any certificate of need decision under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (h) In the event that the review board, its chairman, or a panel of the review board requires legal counsel, the chairman shall make a request for such advice to the Attorney General. (i) Any party to the appeal hearing, including the planning agency, may seek judicial review of the panel's decision in accordance with the method set forth in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the planning agency, or the review board, or the administrative findings, inferences, conclusions, and decision of the review board are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency;

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(3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the `any evidence' standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. 31-6-45. (a) The planning agency may revoke a certificate of need after notice to the holder of the certificate and a fair hearing pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' for the following reasons: (1) Failure to comply with the provisions of Code Section 31-6-41; or (2) The intentional provision of false information to the planning agency by an applicant in that applicant's application. The planning agency may not, however, revoke a certificate of need if the applicant changes the defined location of the project within the same county less than three miles from the location specified in the certificate of need for financial reasons or other reasons beyond its control, including but not limited to, failure to obtain any required approval from zoning or other governmental agencies or entities, provided such change in location is otherwise consistent with the considerations and rules applied in the evaluation of the project. (b) Any health care facility offering a new institutional health service without having obtained a certificate of need and which has not been previously licensed as a health care facility shall be denied a license to operate. (c) In the event that a new institutional health service is knowingly offered or developed without having obtained a certificate of need as required by this chapter, or the certificate of need for such

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service is revoked according to the provisions of this Code section, a facilit or applicant shall be fined the sum of $500.00 per day for every day that the violation of this chapter has existed and knowingly and willingly continues; provided, however, that the expenditure or commitment of or incurring an obligation for the expenditure of funds to take or perform actions not subject to this chapter or to acquire, develop, or prepare a health care facility site for which a certificate of need application is denied, shall not be a violation of this chapter and shall not be subject to such a fine. The director of the planning agency shall determine, after notice and a hearing, whether the fines provided in this Code section shall be levied. (d) In addition, for purposes of this Code section, the State of Georgia, acting by and through the planning agency, or any other interested person, shall have standing in any court of competent jurisdiction to maintain an action for injunctive relief to enforce the provisions of this chapter. 31-6-46. The planning agency shall prepare and submit an annual report to the Human Resources Committee of the Senate and the Health and Ecology Committee of the House of Representatives about its operations and decisions for the preceding 12 month period, not later than 30 days prior to each convening of the General Assembly in regular session. Either committee may request any additional reports or information, including decisions, from the planning agency at any time, including a period in which the General Assembly is not in regular session. 31-6-47. (a) Notwithstanding the other provisions of this chapter, this chapter shall not apply to: (1) Infirmaries operated by educational institutions for the sole and exclusive benefit of students, faculty members, officers, or employees thereof; (2) Infirmaries or facilities operated by businesses for the sole and exclusive benefit of officers or employees thereof, provided that such infirmaries or facilities make no provision for overnight stay by persons receiving their services; (3) Institutions operated exclusively by the federal government or by any of its agencies;

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(4) Offices of private physicians or dentists whether for individual or group practice; (5) Christian Science sanatoriums operated or listed and certified by the First Church of Christ Scientist, Boston, Massachusetts; (6) Site acquisitions for health care facilities or preparation or development costs for such sites prior to the decision to file a certificate of need application; (7) Expenditures related to adequate preparation and development of an application for a certificate of need; (8) The commitment of funds conditioned upon the obtaining of a certificate of need; (9) Expenditures for acquisition of existing health care facilities not owned or operated by or on behalf of a political subdivision of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of Title 31, by stock or asset purchase, merger, consolidation, or other lawful means, or acquisitions of certificates of need owned by such facilities to be acquired, except as otherwise provided pursuant to paragraph (10) of subsection (b) of Code Section 31-6-21; (10) Expenditures for the minor repair of a health care facility, or parts thereof or services provided or equipment used therein, or replacement of equipment, including, but not limited to, CT scanners; (11) Capital expenditures otherwise covered by this chapter required solely to eliminate or prevent safety hazards as defined by federal, state, or local fire, building, environmental, occupational health, or life safety codes or regulations, to comply with licensing requirements of the Department of Human Resources, or to comply with accreditation standards of the Joint Commission on Accreditation of Hospitals; (12) Cost overruns whose percentage of the cost of a project is equal to or less than the cumulative annual rate of increase in the composite construction index, published by the Bureau of the

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Census of the Department of Commerce, of the United States government, calculated from the date of approval of the project; (13) Transfers from one health care facility to another such facility of major medical equipment previously approved under or exempted from certificate of need review, except where such transfer results in the institution of a new clinical health service for which a certificate of need is required in the facility's acquiring said equipment, provided that such transfers are recorded at net book value of the medical equipment as recorded on the books of the transferring facility; (14) New institutional health services provided by or on behalf of health maintenance organizations or related health care facilities in circumstances defined by the planning agency pursuant to federal law; and (15) Increases in the bed capacity of a hospital up to ten beds or 10 percent of capacity, whichever is less, in any consecutive two-year period, in a hospital that has maintained an overall occupancy rate greater than 85 percent for the previous 12 month period. (b) The planning agency shall establish, by rule, procedures whereby requirements for the process of review and issuance of a certificate of need may be modified and expedited as a result of emergency situations. (c) By rule, the planning agency shall establish a procedure for expediting or waiving reviews of certain projects the nonreview of which it deems compatible with the purposes of this chapter, in addition to expenditures exempted from review by this Code section. 31-6-48. The State Health Planning and Development Agency, the State-wide Health Coordinating Council, and the State Health Planning Review Board existing immediately prior to the effective date of this chapter are abolished, and their respective successors on and after the effective date of this chapter shall be the Health Planning Agency, the Health Policy Council, and the Health Planning Review Board, as established in this chapter. For purposes of any existing contract with the federal government, or federal law referring to such abolished agency, council, or board, the successor agency, council, or board established in this chapter shall be deemed to be the

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abolished agency, council, or board and shall succeed to the abolished agency's, council's, or board's functions. The State Health Planning and Development Commission is abolished. 31-6-49. In order to assure an orderly transition between the state entities responsible for health planning and the operation of the certificate of need program prior to the effective date of this chapter and those entities so responsible after the effective date of this chapter, the following provisions shall apply: (1) All matters pending before the State Health Planning and Development Agency, the State Health Planning Review Board, and the State-wide Health Coordinating Council prior to the effective date of this chapter shall automatically be transferred to the respective successor agencies created by this chapter; (2) No later than July 5, 1983, the health planning agency will propose rules in accordance with the procedures set forth in Code Section 31-6-21; (3) Prior to and until the effective date of any portion of the rules provided for in paragraph (2) of this Code section, the rules of the State Health Planning and Development Agency in effect on June 30, 1983, will remain in effect as the rules for the Health Planning Agency and for the Health Planning Review Board, except for procedural rules promulgated by the review board. The rules in effect on June 30, 1983, if not inconsistent with this chapter, shall govern the procedures of the planning agency created by this chapter, and certificate of need decisions made by the Health Planning Agency and the Health Planning Review Board before the effective date of any portion of the new rules referenced in paragraph (2) of this Code section; and (4) If all or any part of the rules of the planning agency proposed in accordance with paragraph (2) of this Code section are objected to as provided in Code Section 31-6-21 of this chapter, and the planning agency determines that it cannot render a decision on an application or class of applications without such rule or rules or parts thereof, it may impose a temporary moratorium on the receipt of or action on any certificate of need applications, which are affected by the rule or part to which objection has been made. This moratorium shall include applications pending on the date of such objections and shall serve as an automatic

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extension of the time limits for decision on such applications set out in Code Section 31-6-43. Such moratorium shall last no longer than the time at which the rule or rules or parts thereof become effective as provided in Code Section 31-5-21 of this chapter, or April 1, 1984, whichever is earlier. 31-6-50. From and after the effective date of this chapter, the review and appeal considerations and procedures set forth in Code Sections 31-6-42, 31-6-43, and 31-6-44, respectively, shall apply to and govern the review of capital expenditures under the Section 1122 program of the Social Security Act of 1935, as amended, including, but not limited to, any application for approval under Section 1122 which is under consideration by the planning agency or on appeal before the review board as of the effective date of this chapter. Section 2 . Title 31 of the Official Code of Georgia Annotated, relating to health, is further amended by inserting in subparagraph (6) of Code Section 31-7-75 a new sentence immediately following the first sentence of said subparagraph (6) to read as follows: In the event a hospital authority undertakes to sell a hospital facility, such authority shall, prior to the execution of a contract of sale, provide reasonable public notice of such sale and provide for a public hearing to receive comments from the public concerning such sale. Section 3 . This Act shall become effective on July 1, 1983. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1983.

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EMPLOYMENT SECURITY LAWMAXIMUM WEEKLY BENEFIT INCREASED. Code Section 34-8-153 Amended. No. 553 (House Bill No. 250). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, so as to increase the maximum weekly benefit amount from $115.00 to $125.00; to provide that if the Unemployment Trust Fund recedes below $175 million the maximum benefit reverts to $115.00; to provide for disregarding any fraction of a dollar in computing the weekly benefit amount; 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 34 of the Official Code of Georgia Annotated, the Employment Security Law, is amended by striking in its entirety subsection (b) of Code Section 34-8-153, relating to determination of weekly benefit amount, and inserting in lieu thereof a new subsection (b) to read as follows: (b) An individual's weekly benefit amount shall be that whole dollar amount, disregarding any fraction of a dollar, computed by dividing the total insured wages paid such individual in that quarter of his base period in which such total wages were highest by 25, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds 1.5 times the total insured wages paid such individual in that quarter of his base period in which such total wages were highest; provided, however, that (1) when the weekly benefit amount, as computed, would be more than $11.00 and less than $27.00, the individual's weekly benefit amount will be $27.00, and (2) for benefit years beginning on and after July 1, 1981, no weekly benefit amount shall be established for less than $27.00 nor more than $115.00; provided, further, that for benefit years beginning on or after July 1, 1983, no weekly benefit amount shall be established for less than

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$27.00 nor more than $125.00, except that the maximum weekly benefit amount shall be $115.00 for all benefit years beginning on or after the first Monday of the third week following the week in which the amount in the Unemployment Trust Fund becomes less than $175 million. 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 repealed. Approved April 5, 1983. PROBATIONERSCOMMUNITY SERVICE. Code Title 42, Chapter 8 Amended. No. 554 (Senate Bill No. 206). AN ACT To amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, so as to provide that services as a live-in attendant for a disabled person shall constitute community service under certain conditions; to change the definition of the term community service; to authorize the courts to order offenders to provide live-in services for disabled persons under certain conditions; to provide for necessities for such offenders; to provide for the termination of live-in services; to provide for earned-time allowances 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:

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Section 1 . Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, is amended by striking in its entirety paragraph (2) of Code Section 42-8-70, relating to definitions, and inserting in lieu thereof a new paragraph (2) to read as follows: (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. Such term also means uncompensated service by an offender who lives in the household of a disabled person and provides aid and services to such disabled individual, including, but not limited to, cooking, housecleaning, shopping, driving, bathing, and dressing. Section 2 . Said article is further amended by adding at the end of Code Section 42-8-72, relating to community service as condition of probation, a new subsection, to be designated subsection (c), to read as follows: (c) (1) Any agency may recommend to the court that certain disabled persons are in need of a live-in attendant. The judge shall confer with the prosecutor, defense attorney, probation supervisor, community service officer, or other interested persons to determine if a community service program involving a disabled person is appropriate for an offender. If community service as a live-in attendant for a disabled person is deemed appropriate and if both the offender and the disabled person consent to such service, the court may order such live-in community service as a condition of probation but for no longer than two years. (2) The agency shall be responsible for coordinating the provisions of the cost of food or other necessities for the offender which the disabled person is not able to provide. The agency, with the approval of the court, shall determine a schedule which will provide the offender with certain free hours each week. (3) Such live-in arrangement shall be terminated by the court upon the request of the offender or the disabled person. Upon termination of such an arrangement, the court shall determine if the offender has met the conditions of probation. (4) The appropriate agency shall make personal contact with the disabled person on a frequent basis to ensure the safety and welfare of the disabled person.

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Section 3 . Said article is further amended by striking in its entirety Code Section 42-8-74, relating to applicability, and inserting in lieu thereof a new Code Section 42-8-74 to read as follows: 42-8-74. (a) 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 of this chapter, relating to probation of first offenders, shall be applicable to first offenders sentenced pursuant to this article. (b) Any offender who provides live-in community service but who is later incarcerated for breaking the conditions of probation or for any other cause may be awarded good time for each day of live-in community service the same as if such offender was in prison for such number of days. 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 April 5, 1983. LIFE INSURANCE COMPANIESLICENSE FEES AND TAXES. Code Title 33, Chapter 8 Amended. No. 555 (House Bill No. 420). AN ACT To amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to insurance fees and taxes, so as to provide for

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the imposition of license fees upon life insurance companies and their agents or brokers; to provide for the deduction from state tax of license fees paid to municipal corporations; to provide for the imposition of taxes upon insurance companies by counties and municipal corporations based upon gross direct premiums; to provide for exemptions from such taxation; to provide for credits and deductions from state tax of taxes paid counties and municipal corporations; to provide procedures for the collection and distribution of such taxes; 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 . Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to insurance fees and taxes, is amended by striking Code Section 33-8-8, relating to imposition of local license fees upon insurance companies, in its entirety and inserting in its place a new Code Section 33-8-8 to read as follows: 33-8-8. (a) Except as otherwise provided in this chapter, the State of Georgia preempts the field of imposing taxes, except taxes on real property and tangible personal property taxed ad valorem, upon insurance companies and their agents and other representatives, including, but not limited to, excise, privilege, franchise, income, license, permit, registration, and similar taxes and fees measured by premiums, income, or volume of transactions; and no county or unincorporated area of such county, city, municipality, district, school district, or other political subdivision or agency of this state shall impose, levy, charge, or require the same, except as provided in this chapter. (b) Municipal corporations are authorized, in conformity with the requirements of their charters, to impose and collect the following license fees upon life insurance companies for the privilege of engaging in the business of insurance within said municipal corporation: (1) An annual license fee on each life insurance company doing business within the municipal corporate limits not to exceed the following schedule: Population of Municipal Corporation Amount Under 1,000 $ 15.00 1,000 - 1,999 25.00 2,000 - 4,999 40.00 5,000 - 9,999 50.00 10,000 - 24,999 75.00 25,000 - 49,999 100.00 50,000 and over 150.00 and an additional annual license fee in the same amount for each separate business location in excess of one operated and maintained by such company within the same municipality; and (2) An additional annual license fee of $10.00 or 35 percent of the schedule set forth in paragraph (1) of this subsection, whichever amount is greater, on each life insurance company for each separate business location not otherwise subject to a license fee under this Code section, which company is operated and maintained by a business organization which is engaged in the business of lending money or transacting sales involving term financing and which, in connection with the loans or sales involving term financing, offers, solicits, or takes applications for insurance through a licensed agent of the insurance company for life insurance. (c) Within 45 days after the date of their enactment, each municipal corporation shall file with the Commissioner a certified copy of the pertinent parts of all ordinances and amendments thereto which impose any such license fee, and such filing shall be a condition to the validity and enforceability of such an ordinance. (d) Life insurance agencies which are maintained and operated by a company may not be separately licensed by municipal corporations except under the provisions of this Code section; but nothing contained in this Code section shall prevent municipal corporations from separately imposing and collecting business licenses from independent insurance agencies or brokers doing a life insurance business not otherwise taxed under this Code section. No such license may be imposed on such independent agents or brokers, which license is measured by the premiums of life insurance companies. (e) Life insurance companies may deduct from premium taxes otherwise payable to this state under Code Section 33-8-4, in addition to all credits and abatements allowed by law, the license fees imposed pursuant to this Code section and paid to any municipal corporation during the preceding calendar year.

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(f) As used in this Code section, the term `life insurance company' means a company which is authorized to transact only the class of insurance designated in Code Section 33-3-5 as class (1). Section 2 . Said chapter is further amended by striking in its entirety Code Section 33-8-8.1, relating to county tax on life insurance companies, and inserting in its place a new Code Section 33-8-8.1 to read as follows: 33-8-8.1. (a) As used in this Code section, the term `life insurance company' means a company which is authorized to transact only the class of insurance designated in Code Section 33-3-5 as class (1). (b) Life insurance companies are subject to county and municipal corporation taxes levied as follows: (1) There is imposed a county tax for county purposes on each life insurance company doing business within the state, which tax shall be based solely upon gross direct premiums, as defined in Code Section 33-8-4, which are received from policies insuring persons residing within the unincorporated area of the counties pursuant to the provisions of this Code section. The rate of such tax shall be 1 percent of such premiums, except that such tax shall not apply to the gross direct premiums of an insurance company which qualifies, pursuant to Code Section 33-8-5, for the reduction to one-half of 1 percent of the state tax imposed by Code Section 33-8-4. The tax imposed by this Code section shall not apply to annuity considerations; and (2) Municipal corporations whose ordinances have been filed with the commissioner are authorized, in conformity with the requirements of their charters, to impose a tax on each life insurance company doing business within the state, which tax shall be based solely upon the gross direct premiums, as defined in Code Section 33-8-4, which are received from policies insuring persons residing within the corporate limits of the municipal corporation pursuant to the provisions of this Code section; provided, however, that the rate of the tax may not exceed 1 percent of the premiums. The tax imposed shall not apply to annuity considerations.

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(c) Taxes imposed by subsection (b) of this Code section shall be collected by the Commissioner on behalf of counties and municipal corporations whose ordinances have been filed with the Commissioner in the same manner and on the same dates and subject to the same penalties as prescribed in Code Section 33-8-6. (d) Taxes imposed by subsection (b) of this Code section and penalties shall be allocated and distributed to counties and municipal corporations as follows: (1) A portion of the total amount of life insurance premiums taxable by the state, exclusive of premiums collected by companies which qualify for the reduction to one-half of 1 percent of the state tax, shall be allocated to counties based upon the ratio that the total population of all unincorporated areas in the state bears to the total population in the state. The amount of the tax base so allocated to counties shall be taxed at the rate levied for county purposes. The tax shall be distributed to each county governing authority by the Commissioner based upon a fraction, the numerator of which is the population of the unincorporated area of that county and the denominator of which is the population of all unincorporated areas of the state; and (2) A portion of the total amount of life insurance premiums taxable by the state shall be allocated to all municipal corporations based upon the ratio that the total population of all municipal corporations bears to the total state population. The amount of the tax base so allocated to municipalities shall be distributed to each municipal corporation based upon the fraction, the numerator of which is the population of that municipal corporation and the denominator of which is the population of all municipal corporations in the state. The amount of the tax base so distributed to each municipality shall be taxed at the rate levied by that municipality; and taxes levied by each municipal corporation shall be distributed based upon the tax rate levied by each such municipal corporation. (e) On or before January 1 of the first year that the tax is levied, each municipal corporation levying the tax shall file with the Commissioner a certified copy of the pertinent parts of all ordinances and amendments thereto which impose the tax, and such filing shall be a condition to the validity and enforceability of such an ordinance. On or before February 1 of each year the Commissioner shall furnish a list

Page 1600

of all municipal corporations levying the tax for that year to each life insurance company in the state. (f) Life insurance companies may deduct from premium taxes otherwise payable to this state under Code Section 33-8-4, in addition to all credits and abatements allowed by law, the taxes imposed pursuant to subsection (b) of this Code section and paid to the Commissioner on behalf of any county and municipal corporation during the preceding calendar year. (g) The Commissioner shall make semi-annual distributions of the taxes and penalties imposed by counties and municipal corporations under this Code section which are actually remitted to and collected by the Commissioner. Beginning on June 1, 1984, and on the same date thereafter, distribution shall be made and it shall include the total amount of tax collected for the preceding year after deduction for distribution of any estimated taxes already made for premiums written during the preceding year. Beginning on December 1, 1984, and on the same date thereafter, distribution shall be made and it shall include the amount of estimated taxes paid for the first two calendar quarters of the current year. (h) Amounts collected by the Commissioner under or due under former Code Section 33-8-8.1 shall be collected and disbursed as provided in former Code Section 33-8-8.1. (i) For purposes of this Code section, population shall be measured by the decennial census of 1980 or any future such census and any additional official census data received by the Commissioner from the United States Census Bureau or its successor agency pertaining to any newly incorporated municipality. Section 3 . Said chapter is further amended by adding a new Code section after Code Section 33-8-8.1, to be designated as Code Section 33-8-8.2, which shall read as follows: 33-8-8.2 (a) Counties and municipal corporations are authorized to levy tax at a rate not to exceed 2.5 percent upon the gross direct premiums of all foreign, alien, and domestic insurance companies doing business in this state other than life insurance companies. The tax shall be in addition to the taxes levied by Code Section 33-8-4, and it may be levied upon the gross direct premiums received by such companies on or after January 1, 1984. The tax shall be levied

Page 1601

upon premiums derived from policies insuring persons, property, or risks in Georgia from January 1 to December 31, both inclusive, of each year without regard to business ceded to or assumed from other companies. The tax shall be imposed upon gross premiums received from direct writing without any deductions allowed from premium abatement of any kind or character or for reinsurance or for losses or expenses of any kind; provided, however, deductions shall be allowed for premiums returned or change of rate or canceled policies; provided further, that deductions shall be permitted for returned premiums or assessments, including all policy dividends, refunds, or other similar returns paid or credited to policyholders. (b) The taxes provided in this Code section are county and municipal taxes and shall be levied for county and municipal purposes and shall be collected and distributed as follows: (1) On or before January 1 of the first year that the tax is levied, each county and municipal corporation levying the tax shall file with the Commissioner a certified copy of the pertinent parts of all ordinances and resolutions and amendments thereto which impose the tax, and such filing shall be a condition to the validity and enforceability of such an ordinance or resolution; (2) On or before February 1 of each year, the Commissioner shall furnish to each insurance company a list of all counties and municipal corporations where the tax as authorized by this Code section has been imposed for the then current year together with the applicable tax rate levied by each such county and municipal corporation and the population percentages by which the taxes are to be allocated to each such county and municipal corporation as provided in this Code section; (3) The tax imposed by this Code section shall be collected by the Commissioner on behalf of counties and municipal corporations whose ordinances and resolutions have been filed with the Commissioner in the same manner and on the same dates and subject to the same penalties as prescribed in Code Section 33-8-6; (4) The total amount of premiums taxable by the state on insurance companies as defined in this Code section shall be allocated to each county unincorporated area and each municipal corporation based upon a fraction, the numerator of which is the population of the unincorporated area or municipal corporation

Page 1602

and the denominator of which is the total population of the state. Tax rates levied by each county shall be applied to the premiums allocated to its unincorporated area, and tax rates levied by each municipal corporation shall be applied to the premiums allocated to it; and (5) The Commissioner shall make semi-annual distributions of the taxes and penalties imposed by counties and municipal corporations under this Code section which are actually remitted to and collected by the Commissioner. Beginning on June 1, 1984, and on the same date thereafter, distribution shall be made and it shall include the total amount of tax collected for the preceding year after deduction for distribution of any estimated taxes already made for premiums written during the preceding year. Beginning on December 1, 1984, and on the same date thereafter, distribution shall be made and it shall include the amount of estimated taxes paid for the first two calendar quarters of the current year. (c) For purposes of this Code section, population shall be measured by the decennial census of 1980 or any future such census and any additional official census data received by the Commissioner from the United States Census Bureau or its successor agency pertaining to any newly incorporated municipality. (d) Any county or municipal corporation which, on January 1, 1983, levied a tax on all premiums of insurance companies, other than life insurance companies, at a rate in excess of 2.5 percent may continue to levy the tax at a rate in excess of 2.5 percent; provided that the rate of such tax shall not exceed the rate which was in effect in such county or municipal corporation on January 1, 1983, reduced annually beginning January 1, 1984, by one-third of the difference between such January 1, 1983, rate and 2.5 percent, so that the rate levied on January 1, 1986, shall not exceed 2.5 percent. Section 4 . Said chapter is further amended by adding a new Code section after Code Section 33-8-8.2, to be designated as Code Section 33-8-8.3, to read as follows: 33-8-8.3. The proceeds from the county taxes levied for county purposes, as provided by this chapter, shall be separated from other county funds and shall be used by county governing authorities solely for the purpose of reducing ad valorem taxes of the inhabitants of the

Page 1603

unincorporated areas of such counties. In fixing the ad valorem tax milage rate for the year 1984 and any year thereafter, the governing authorities of counties shall be authorized and directed to reduce such ad valorem tax millage rate on taxable property within the unincorporated areas of such counties to offset all of the proceeds derived from any tax provided for in this chapter. Those counties operating under a tax cap; the proceeds from this tax shall be included for the purposes of computing the tax cap. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply to all tax years beginning on or after January 1, 1984. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1983. GENERAL APPROPRIATIONS ACT. No. 556 (House Bill No. 163). AN ACT To make and provide appropriations for the State fiscal year beginning July 1, 1983, and ending June 30, 1984; 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

Page 1604

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 State fiscal year beginning July 1, 1983, and ending June 30, 1984, as prescribed hereinafter for such fiscal year, from funds from the Federal Government, and the General Funds of the State including unappropriated surplus and a revenue estimate of $4,018,000,000 for State fiscal year 1984. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch . Budget Unit: Legislative Branch $ 15,916,570 Operations $ 15,916,570 Total Funds Budgeted $ 15,916,570 State Funds Budgeted $ 15,916,570 Budget Unit Object Classes : Operations $ 15,916,570 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 Legislative Educational Research 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 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 Legislative Educational Research 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 $ 6,038,597 1. Operations $ 6,222,927 Total Funds Budgeted $ 6,222,927 State Funds Budgeted $ 5,688,597 2. Tax Ratio Study $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Budget Unit Object Classes : Operations $ 6,222,927 Tax Ratio Study $ 350,000 Authorized Motor Vehicles 28 Total Positions Budgeted 165 PART II. JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 2,780,434 For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, and their retirement contributions. 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 (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 $ 22,531,919 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 Regular Session of the General Assembly immediately preceding this State Fiscal Year. Provided, however, that the listed appropriation shall be increased by the amount of $5,000 per annum for the cost of the habeas corpus clerk. Provided, that of the above appropriation relating to Superior Courts, $485,674 is designated and committed for the Prosecuting Attorneys' Council for operations and $101,046 is designated and committed for the Sentence Review Panel. 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 544 Section 5. Court of Appeals . Budget Unit: Court of Appeals $ 3,068,416 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 59 Section 6. Administratice Office of the Courts . Budget Unit: Administrative Office of the Courts $ 713,282 Administrative Office of the Courts $ 414,357 Case Counting $ 68,925 Institute for Continuing Judicial Education $ 230,000 Total Funds Budgeted $ 713,282 State Funds Budgeted $ 713,282 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 $ 193,100 For the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks and others as required by Art. 2, Chap. 18 of Title 50. Total Positions Budgeted 0 Section 8. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 50,471 For the cost of operating the Judicial Qualifications Commission. Total Positions Budgeted 0 Section 9. Board of Court Reporting . Budget Unit: $ 16,675 For the cost of operating the Board of Court Reporting. Total Positions Budgeted 1 Section 10. Council of Juvenile Court Judges . Budget Unit: $ 109,761 For the cost of operating the Council of Juvenile Court Judges. Total Positions Budgeted 3 Section 11. Georgia Justice Courts Training Council . Budget Unit: $ 15,060 For the cost of operating the Georgia Justice Courts Training Council. Total Positions Budgeted 0 Section 12. Georgia Judicial Administrative Districts . Budget Unit: $ 518,249 For the cost of operating the Georgia Judicial Administrative Districts. Provided, however, that the sum of $50,000 shall be allocated to each district. Total Positions Budgeted 20

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PART III. EXECUTIVE BRANCH Section 13. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 29,842,205 1. State Properties Commission Budget: Personal Services $ 234,003 Regular Operating Expenses $ 6,645 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 15,750 Telecommunications $ 3,827 Per Diem, Fees and Contracts $ 17,000 Total Funds Budgeted $ 280,225 State Funds Budgeted $ 280,225 Total Positions Budgeted 6 2. Departmental Administration Budget: Personal Services $ 1,163,677 Regular Operating Expenses $ 132,031 Travel $ 14,545 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,470 Equipment Purchases $ 1,283 Computer Charges $ 30,000 Real Estate Rentals $ 231,927 Telecommunications $ 21,354 Per Diem, Fees and Contracts $ -0- Direct Payments to Georgia Building Authority for Capital Outlay $ -0- Direct Payments to Georgia Building Authority for Operations $ 397,369 Direct Payments to Georgia Building Authority for Floyd Building Operations $ -0- Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Total Funds Budgeted $ 2,854,656 State Funds Budgeted $ 2,634,656 Total Positions Budgeted 42 Provided, the Department is authorized to utilize $220,000 of previously appropriated funds for the purpose of the above expenditures. 3. Treasury and Fiscal Administration Budget: Personal Services $ 903,425 Regular Operating Expenses $ 99,718 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,500 Equipment Purchases $ 1,576 Computer Charges $ 5,667,756 Real Estate Rentals $ 83,576 Telecommunications $ 17,774 Per Diem, Fees and Contracts $ -0- Public Safety Officers Indemnification Fund $ 608,800 Total Funds Budgeted $ 7,398,125 State Funds Budgeted $ 4,940,463 Total Positions Budgeted 29 4. Central Supply Administration Budget: Personal Services $ 258,782 Regular Operating Expenses $ 333,156 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,450 Computer Charges $ -0- Real Estate Rentals $ 79,654 Telecommunications $ -0- Per Diem, Fees and Contracts $ 800 Materials for Resale $ 6,517,830 Utilities $ -0- Total Funds Budgeted $ 7,191,672 Total Expenditures Authorized $ 7,191,672 State Funds Budgeted $ -0- Total Positions Budgeted 15 5. Procurement Administration Budget: Personal Services $ 1,252,913 Regular Operating Expenses $ 116,592 Travel $ 9,650 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 35,500 Equipment Purchases $ 1,325 Computer Charges $ 220,000 Real Estate Rentals $ 195,362 Telecommunications $ 38,735 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,870,077 State Funds Budgeted $ 1,870,077 Total Positions Budgeted 50 6. General Services Administration Budget: Personal Services $ 332,594 Regular Operating Expenses $ 8,192 Travel $ 6,550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,300 Equipment Purchases $ 200 Computer Charges $ 19,747 Real Estate Rentals $ 39,153 Telecommunications $ 23,366 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 440,102 Total Expenditures Authorized $ 440,102 State Funds Budgeted $ -0- Total Positions Budgeted 13 7. Space Management Administration Budget: Personal Services $ 267,908 Regular Operating Expenses $ 8,066 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 1,000 Computer Charges $ 5,000 Real Estate Rentals $ 25,650 Telecommunications $ 5,018 Per Diem, Fees and Contracts $ -0- Materials for Resale $ -0- Total Funds Budgeted $ 317,042 State Funds Budgeted $ 317,042 Total Positions Budgeted 10 8. Data Processing Services Budget: Personal Services $ 17,558,572 Regular Operating Expenses $ 1,457,448 Travel $ 60,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 361,000 Equipment Purchases $ 160,745 Computer Charges $ 305,000 Rents and Maintenance Expense $ 17,598,727 Real Estate Rentals $ 1,768,080 Telecommunications $ 311,779 Payments to DOAS Fiscal Administration $ 2,457,662 Per Diem, Fees and Contracts $ 433,800 Total Funds Budgeted $ 42,472,813 Total Expenditures Authorized $ 42,472,813 State Funds Budgeted $ 13,799,742 Total Positions Budgeted 661 9. Motor Pool Services Budget: Personal Services $ 398,502 Regular Operating Expenses $ 1,485,418 Travel $ -0- Motor Vehicle Equipment Purchases $ 279,500 Publications and Printing $ -0- Equipment Purchases $ 27,000 Computer Charges $ -0- Real Estate Rentals $ 720 Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,191,140 Total Expenditures Authorized $ 2,191,140 State Funds Budgeted $ -0- Total Positions Budgeted 22 10. Communication Services Budget: Personal Services $ 2,600,956 Regular Operating Expenses $ 378,661 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 69,770 Publications and Printing $ 58,770 Equipment Purchases $ 56,000 Computer Charges $ 164,606 Real Estate Rentals $ 186,528 Telecommunications $ 385 Per Diem, Fees and Contracts $ 5,000 Telephone Billings $ 29,101,171 Total Funds Budgeted $ 32,631,847 Total Expenditures Authorized $ 32,631,847 State Funds Budgeted $ 6,000,000 Total Positions Budgeted 108 11. Printing Services Budget: Personal Services $ 1,470,236 Regular Operating Expenses $ 1,555,797 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 115,000 Computer Charges $ -0- Real Estate Rentals $ 158,209 Telecommunications $ -0- Meterials for Resale $ 400,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 3,699,242 Total Expenditures Authorized $ 3,699,242 State Funds Budgeted $ -0- Total Positions Budgeted 69 12. Surplus Property Services Budget: Personal Services $ 765,497 Regular Operating Expenses $ 275,487 Travel $ 24,349 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,500 Equipment Purchases $ 3,600 Computer Charges $ 1,500 Real Estate Rentals $ 6,000 Telecommunications $ 13,758 Materials for Resale $ 25,000 Per Diem, Fees and Contracts $ 12,000 Utilities $ 57,512 Total Funds Budgeted $ 1,172,203 State Funds Budgeted $ -0- Total Positions Budgeted 39 13. Mail and Courier Services Budget: Personal Services $ 170,557 Regular Operating Expenses $ 118,845 Travel $ -0- Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ -0- Equipment Purchases $ 1,660 Computer Charges $ -0- Real Estate Rentals $ 11,997 Telecommunications $ -0- Materials for Resale $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 313,059 Total Expenditures Authorized $ 313,059 State Funds Budgeted $ -0- Total Positions Budgeted 10 14. Self-Insurance Services Budget: Personal Services $ 610,149 Regular Operating Expenses $ 33,506 Travel $ 29,500 Motor Vehicle Equipment Purchases $ 14,000 Publications and Printing $ 3,000 Equipment Purchases $ 5,900 Computer Charges $ 73,000 Real Estate Rentals $ 63,829 Telecommunications $ 15,052 Materials for Resale $ -0- Per Diem, Fees and Contracts $ 20,000 Total Funds Budgeted $ 867,936 Total Expenditures Authorized $ 867,936 State Funds Budgeted $ -0- Total Positions Budgeted 24 Budget Unit Object Classes : Personal Services $ 27,987,771 Regular Operating Expenses $ 6,009,562 Travel $ 168,094 Motor Vehicle Equipment Purchases $ 372,270 Publications and Printing $ 508,940 Equipment Purchases $ 376,739 Computer Charges $ 6,486,609 Real Estate Rentals $ 2,866,435 Telecommunications $ 451,048 Per Diem, Fees and Contracts $ 488,600 Rents and Maintenance Expense $ 17,598,727 Utilities $ 27,512 Payments to DOAS Fiscal Administration $ 2,457,662 Direct Payments to Georgia Building Authority for Operations $ -0- Direct Payments to Georgia Building Authority for Capital Outlay $ -0- Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Direct Payments to Georgia Building Authority for Operations $ 397,369 Telephone Billings $ 29,101,171 Materials for Resale $ 6,942,830 Public Safety Officers Indemnity Fund $ 608,800 Total Positions Budgeted 1,098 Authorized Motor Vehicles 285 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 $ 440,102 Data Processing Service $ 40,303,071 Motor Pool Service $ 2,191,140 Communication Services $ 32,631,847 Printing Services $ 3,699,242 Total $ 79,265,402 except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service. Provided further, the State Auditor shall report any exceptions or violations of this intent in 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. B. Budget Unit: Georgia Building Authority $ -0- Georgia Building Authority Budget: Personal Services $ 11,644,652 Regular Operating Expenses $ 3,003,425 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 18,140 Publications and Printing $ 22,000 Equipment Purchases $ 86,053 Computer Charges $ -0- Real Estate Rentals $ 44,052 Telecommunications $ 59,000 Per Diem, Fees and Contracts $ 87,500 Capital Outlay $ -0- Authority Lease Rentals $ 653,234 Utilities $ 6,290,000 Facilities Renovations and Repairs $ -0- Total Funds Budgeted $ 21,912,056 State Funds Budgeted $ -0- Total Positions Budgeted $ 518 Budget Unit Object Classes : Personal Services $ 11,644,652 Regular Operating Expenses $ 3,003,425 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 18,140 Publications and Printing $ 22,000 Equipment Purchases $ 86,053 Computer Charges $ -0- Real Estate Rentals $ 44,052 Telecommunications $ 59,000 Per Diem, Fees and Contracts $ 87,500 Capital Outlay $ -0- Authority Lease Rentals $ 653,234 Utilities $ 6,290,000 Facilities Renovations and Repairs $ -0- Total Positions Budgeted 518 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. Provided, the Georgia Building Authority is authorized to utilize available funds to construct a walkway between the Judiciary Building and the adjacent State office building. Section 14. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 22,817,705 1. Plant Industry Budget: Personal Services $ 3,554,724 Regular Operating Expenses $ 312,910 Travel $ 110,000 Motor Vehicle Equipment Purchases $ 58,448 Publications and Printing $ 26,000 Equipment Purchases $ 43,000 Computer Charges $ -0- Real Estate Rentals $ 2,553 Telecommunications $ 43,234 Per Diem, Fees and Contracts $ 800 Total Funds Budgeted $ 4,151,669 State Funds Budgeted $ 3,674,402 Total Positions Budgeted 168 2. Animal Industry Budget: Personal Services $ 1,300,432 Regular Operating Expenses $ 128,170 Travel $ 40,000 Motor Vehicle Equipment Purchases $ 44,072 Publications and Printing $ 9,000 Equipment Purchases $ 400 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 51,227 Per Diem, Fees and Contracts $ 75,000 Athens Veterinary Laboratory Contract $ 463,456 Tifton Veterinary Laboratory Contract $ 856,380 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton $ 1,022,175 Veterinary Fees $ 525,000 Indemnities $ 75,000 Total Funds Budgeted $ 4,590,312 State Funds Budgeted $ 4,235,456 Total Positions Budgeted 56 3. Marketing Budget: Personal Services $ 1,000,658 Regular Operating Expenses $ 163,660 Travel $ 46,000 Motor Vehicle Equipment Purchases $ 7,365 Publications and Printing $ 12,000 Equipment Purchases $ 4,083 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 39,180 Per Diem, Fees and Contracts $ 27,000 Advertising $ 60,000 Total Funds Budgeted $ 1,359,946 State Funds Budgeted $ 1,354,946 Total Positions Budgeted 40 4. Major Markets Budget: Personal Services $ 1,893,994 Regular Operating Expenses $ 788,797 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 14,640 Publications and Printing $ 6,000 Equipment Purchases $ 9,900 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 41,463 Advertising $ 35,000 Per Diem, Fees and Contracts $ 20,200 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 75,000 Total Funds Budgeted $ 2,895,994 State Funds Budgeted $ 95,994 Total Positions Budgeted 103 5. General Agricultural Field Forces Budget: Personal Services $ 2,136.373 Regular Operating Expenses $ 111,010 Travel $ 171,200 Motor Vehicle Equipment Purchases $ 70,532 Publications and Printing $ 4,000 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ 3,600 Telecommunications $ 17,022 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,515,737 State Funds Budgeted $ 2,515,737 Total Positions Budgeted 108 6. Internal Administration Budget: Personal Services $ 1,371,143 Regular Operating Expenses $ 276,027 Travel $ 25,000 Motor Vehicle Equipment Purchases $ 29,224 Publications and Printing $ 13,000 Equipment Purchases $ 6,000 Computer Charges $ 166,099 Real Estate Rentals $ 579,593 Telecommunications $ 33,588 Per Diem, Fees and Contracts $ 1,000 Contract - Federation of Southern Cooperatives $ 20,000 Payments to Georgia Agrirama Development Authority $ 277,700 Total Funds Budgeted $ 2,798,374 State Funds Budgeted $ 2,718,156 Total Positions Budgeted 54 7. Information and Education Budget: Personal Services $ 158,058 Regular Operating Expenses $ 14,300 Travel $ 550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 421,960 Equipment Purchases $ 1,550 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 6,781 Per Diem, Fees and Contracts $ -0- Market Bulletin Postage $ 676,000 Total Funds Budgeted $ 1,279,199 State Funds Budgeted $ 1,279,199 Total Positions Budgeted 9 8. Fuel and Measures Standards Budget: Personal Services $ 1,361,787 Regular Operating Expenses $ 253,465 Travel $ 85,100 Motor Vehicle Equipment Purchases $ 32,194 Publications and Printing $ 6,000 Equipment Purchases $ 12,800 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 16,077 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,767,423 State Funds Budgeted $ 1,763,423 Total Positions Budgeted 71 9. Consumer Services Budget: Personal Services $ 766,936 Regular Operating Expenses $ 65,790 Travel $ 13,000 Motor Vehicle Equipment Purchases $ 51,555 Publications and Printing $ 3,800 Equipment Purchases $ 900 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 19,679 Per Diem, Fees and Contracts $ 1,500 Total Funds Budgeted $ 923,160 State Funds Budgeted $ 923,160 Total Positions Budgeted 29 10. Consumer Protection Field Forces Budget: Personal Services $ 3,299,093 Regular Operating Expenses $ 129,790 Travel $ 150,000 Motor Vehicle Equipment Purchases $ 51,555 Publications and Printing $ 7,000 Equipment Purchases $ 12,520 Computer Charges $ -0- Real Estate Rentals $ 6,800 Telecommunications $ 35,717 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 3,692,475 State Funds Budgeted $ 2,978,630 Total Positions Budgeted 126 11. Meat Inspection Budget: Personal Services $ 2,771,525 Regular Operating Expenses $ 78,936 Travel $ 145,000 Motor Vehicle Equipment Purchases $ 58,920 Publications and Printing $ 2,000 Equipment Purchases $ 942 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,212 Per Diem, Fees and Contracts $ 118,970 Total Funds Budgeted $ 3,196,505 State Funds Budgeted $ 1,278,602 Total Positions Budgeted 122 12. Seed Technology and Development Personal Services $ 192,970 Regular Operating Expenses $ 3,700 Travel $ 4,000 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 $ 200,670 State Funds Budgeted $ -0- Total Positions Budgeted 8 Budget Unit Object Classes : Personal Services $ 19,807,693 Regular Operating Expenses $ 2,326,555 Travel $ 800,850 Motor Vehicle Equipment Purchases $ 418,505 Publications and Printing $ 510,760 Equipment Purchases $ 94,095 Computer Charges $ 166,099 Real Estate Rentals $ 592,546 Telecommunications $ 324,180 Per Diem, Fees and Contracts $ 244,470 Market Bulletin Postage $ 676,000 Athens Veterinary Laboratory Contract $ 463,456 Tifton Veterinary Laboratory Contract $ 856,380 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton $ 1,022,175 Veterinary Fees $ 525,000 Indemnities $ 75,000 Advertising Contract $ 95,000 Payments to Georgia Agrirama Development Authority for Operations $ 277,700 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 75,000 Contract - Federation of Southern Cooperatives $ 20,000 Total Positions Budgeted 894 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. Provided, that the Athens and Tifton Veterinary Laboratories are authorized to charge reasonable testing fees only for export swine and cattle. B. Budget Unit: Georgia Agrirama Development Authority $ -0- Georgia Agrirama Development Authority Budget: Personal Services $ 433,156 Regular Operating Expenses $ 100,039 Travel $ 6,850 Motor Vehicle Equipment Purchases $ 9,265 Publications and Printing $ 5,775 Equipment Purchases $ 1,600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,800 Per Diem, Fees and Contracts $ 47,822 Capital Outlay $ -0- Goods for Resale $ 82,000 Total Funds Budgeted $ 692,307 State Funds Budgeted $ -0- Total Positions Budgeted 27 Budget Unit Object Classes : Personal Services $ 433,156 Regular Operating Expenses $ 100,039 Travel $ 6,850 Motor Vehicle Equipment Purchases $ 9,265 Publications and Printing $ 5,775 Equipment Purchases $ 1,600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,800 Per Diem, Fees and Contracts $ 47,822 Capital Outlay $ -0- Goods for Resale $ 82,000 Total Positions Budgeted 27 Authorized Motor Vehicles 5 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 $ 3,481,935 Administration and Examination Budget: Personal Services $ 2,890,173 Regular Operating Expenses $ 154,147 Travel $ 252,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,550 Equipment Purchases $ 5,700 Computer Charges $ 300 Real Estate Rentals $ 127,800 Telecommunications $ 30,265 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 3,481,935 State Funds Budgeted $ 3,481,935 Total Positions Budgeted 102 Budget Unit Object Classes : Personal Services $ 2,890,173 Regular Operating Expenses $ 154,147 Travel $ 252,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,550 Equipment Purchases $ 5,700 Computer Charges $ 300 Real Estate Rentals $ 127,800 Telecommunications $ 30,265 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 $ 4,763,212 1. Executive and Administrative Budget: Personal Services $ 562,074 Regular Operating Expenses $ 38,100 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,750 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 39,297 Telecommunications $ 11,220 Per Diem, Fees and Contracts $ 12,500 Capital Felony Expenses $ 50,000 Multi-State Transportation Board $ -0- Contracts with Area Planning and Development Commissions $ 1,282,500 Grants for Revitalization Projects $ 50,000 Special Grants $ 10,000 Local Assistance Grants $ 335,000 Total Funds Budgeted $ 2,407,441 State Funds Budgeted $ 2,356,390 Total Positions Budgeted 18 2. Technical Assistance Budget: Personal Services $ 713,411 Regular Operating Expenses $ 24,775 Travel $ 39,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,900 Equipment Purchases $ 400 Computer Charges $ 1,000 Real Estate Rentals $ 52,396 Telecommunications $ 20,650 Per Diem, Fees and Contracts $ 23,925 Juvenile Justice Grants (Federal) $ 1,000,000 Total Funds Budgeted $ 1,884,707 State Funds Budgeted $ 820,940 Total Positions Budgeted 24 3. Community and Economic Development Budget: Personal Services $ 929,391 Regular Operating Expenses $ 23,545 Travel $ 52,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 350 Computer Charges $ -0- Real Estate Rentals $ 65,495 Telecommunications $ 24,900 Per Diem, Fees and Contracts $ 5,000 Appalachian Regional Commission Assessment $ 89,777 Appalachian Regional Commission Matching Grants $ 25,000 Economic Development Grants $ 200,000 Appalachian Regional Commission Grants (Federal) $ 8,500,000 Community Development Block Grants (Federal) $ 42,000,000 Total Funds Budgeted $ 51,925,958 State Funds Budgeted $ 1,144,010 Total Positions Budgeted 29 4. Intergovernmental Assistance Budget: Personal Services $ 480,109 Regular Operating Expenses $ 11,868 Travel $ 16,710 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,450 Equipment Purchases $ -0- Computer Charges $ 5,600 Real Estate Rentals $ 30,565 Telecommunications $ 13,100 Per Diem, Fees and Contracts $ 3,180 Total Funds Budgeted $ 579,582 State Funds Budgeted $ 441,872 Total Positions Budgeted 14 Budget Unit Object Classes : Personal Services $ 2,684,985 Regular Operating Expenses $ 98,288 Travel $ 118,460 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 44,100 Equipment Purchases $ 750 Computer Charges $ 6,600 Real Estate Rentals $ 187,753 Telecommunications $ 69,870 Per Diem, Fees and Contracts $ 44,605 Capital Felony Expenses $ 50,000 Contracts with Area Planning and Development Commissions $ 1,282,500 Local Assistance Grants $ 335,000 Grants to Revitalization Projects $ 50,000 Special Grants $ 10,000 Appalachian Regional Commission Matching Grants $ 25,000 Economic Development Grants $ 200,000 Appalachian Regional Commission Assessment $ 89,777 Multi-State Transportation Board $ -0- Appalachian Regional Commission Grants (Federal) $ 8,500,000 Community Development Block Grants (Federal) $ 42,000,000 Juvenile Justice Grants (Federal) $ 1,000,000 Total Positions Budgeted 85 Authorized Motor Vehicles 4 B. Budget Unit: Georgia Residential Finance Authority $ -0- Georgia Residential Finance Authority Budget: Personal Services $ 1,900,951 Regular Operating Expenses $ 219,738 Travel $ 76,836 Motor Vehicle Equipment Purchases $ 47,000 Publications and Printing $ 46,441 Equipment Purchases $ 108,610 Computer Charges $ 14,600 Real Estate Rentals $ 138,486 Telecommunications $ 280,078 Per Diem, Fees and Contracts $ 66,599 Rental Assistance Payments $ 11,000,000 Grants to Housing Sponsors $ 500,000 Total Funds Budgeted $ 14,399,339 State Funds Budgeted $ -0- Total Positions Budgeted 78 Authorized Motor Vehicles 29 Budget Unit Object Classes : Personal Services $ 1,900,951 Regular Operating Expenses $ 219,738 Travel $ 76,836 Motor Vehicle Equipment Purchases $ 47,000 Publications and Printing $ 46,441 Equipment Purchases $ 108,610 Computer Charges $ 14,600 Real Estate Rentals $ 138,486 Telecommunications $ 280,078 Per Diem, Fees and Contracts $ 66,599 Rental Assistance Payments $ 11,000,000 Grants to Housing Sponsors $ 500,000 Total Positions Budgeted 78 Authorized Motor Vehicles 29 Section 17. Office of Comptroller General . Budget Unit: Office of Comptroller General $ 6,158,123 1. Internal Administration Budget: Personal Services $ 549,221 Regular Operating Expenses $ 98,537 Travel $ 6,109 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,000 Equipment Purchases $ -0- Computer Charges $ 108,304 Real Estate Rentals $ 114,189 Telecommunications $ 21,893 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 905,253 State Funds Budgeted $ 893,253 Total Positions Budgeted 20 2. Insurance Regulation Budget: Personal Services $ 1,061,964 Regular Operating Expenses $ 67,891 Travel $ 5,683 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 95,000 Equipment Purchases $ 1,000 Computer Charges $ 44,768 Real Estate Rentals $ 144,925 Telecommunications $ 24,909 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,446,140 State Funds Budgeted $ 1,360,146 Total Positions Budgeted 46 3. Industrial Loans Regulation Budget: Personal Services $ 383,983 Regular Operating Expenses $ 20,572 Travel $ 14,810 Motor Vehicle Equipment Purchases $ 24,000 Publications and Printing $ 5,000 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ 19,871 Telecommunications $ 7,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 476,236 State Funds Budgeted $ 476,236 Total Positions Budgeted 13 4. Information and Enforcement Budget: Personal Services $ 1,034,717 Regular Operating Expenses $ 40,000 Travel $ 19,778 Motor Vehicle Equipment Purchases $ 16,000 Publications and Printing $ 4,366 Equipment Purchases $ 1,200 Computer Charges $ -0- Real Estate Rentals $ 119,288 Telecommunications $ 32,826 Per Diem, Fees and Contracts $ 500 Total Funds Budgeted $ 1,268,675 State Funds Budgeted $ 1,268,675 Total Positions Budgeted 43 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 2,142,140 Regular Operating Expenses $ 113,000 Travel $ 126,150 Motor Vehicle Equipment Purchases $ 32,000 Publications and Printing $ 14,000 Equipment Purchases $ 2,172 Computer Charges $ -0- Real Estate Rentals $ 71,052 Telecommunications $ 20,299 Per Diem, Fees and Contracts $ 14,000 Total Funds Budgeted $ 2,534,813 State Funds Budgeted $ 2,159,813 Total Positions Budgeted 101 Budget Unit Object Classes : Personal Services $ 5,172,025 Regular Operating Expenses $ 340,000 Travel $ 172,530 Motor Vehicle Equipment Purchases $ 72,000 Publications and Printing $ 125,366 Equipment Purchases $ 5,372 Computer Charges $ 153,072 Real Estate Rentals $ 469,325 Telecommunications $ 106,927 Per Diem, Fees and Contracts $ 14,500 Total Positions Budgeted 223 Authorized Motor Vehicles 57

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Section 18. Department of Defense . Budget Unit: Department of Defense $ 3,015,656 1. Office of the Adjutant General Budget: Personal Services $ 657,005 Regular Operating Expenses $ 45,986 Travel $ 2,580 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment Purchases $ 400 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,065 Per Diem, Fees and Contracts $ 10,000 Military Assistance to Safety and Traffic Grant $ -0- Total Funds Budgeted $ 721,536 State Funds Budgeted $ 642,918 Total Positions Budgeted 21 2. Georgia Emergency Management Agency Budget: Personal Services $ 939,863 Regular Operating Expenses $ 113,949 Travel $ 30,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,900 Equipment Purchases $ 1,095 Computer Charges $ -0- Real Estate Rentals $ 5,960 Telecommunications $ 40,150 Per Diem, Fees and Contracts $ 62,040 Utilities $ 22,900 Civil Air Patrol Contract $ 40,000 Local Civil Defense Grants - Project Application $ 40,000 Local Civil Defense Grants - Training $ -0- Total Funds Budgeted $ 1,316,857 State Funds Budgeted $ 501,913 Total Positions Budgeted 36 3. Georgia Air National Guard Budget: Personal Services $ 1,207,866 Regular Operating Expenses $ 299,130 Travel $ 300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,350 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ 678,669 Capital Outlay $ -0- Total Funds Budgeted $ 2,187,315 State Funds Budgeted $ 298,220 Total Positions Budgeted 56 4. Georgia Army National Guard Budget: Personal Services $ 1,653,211 Regular Operating Expenses $ 609,315 Travel $ 3,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,300 Equipment Purchases $ 17,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 26,000 Per Diem, Fees and Contracts $ 11,500 Utilities $ 567,700 Capital Outlay $ 991,716 Georgia Military Institute Grant $ 18,000 Grants to National Guard Units $ 411,000 Repairs and Renovations $ 85,000 Total Funds Budgeted $ 4,409,992 State Funds Budgeted $ 1,572,605 Total Positions Budgeted 84 Budget Unit Object Classes : Personal Services $ 4,457,945 Regular Operating Expenses $ 1,068,380 Travel $ 36,130 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 42,050 Equipment Purchases $ 18,495 Computer Charges $ -0- Real Estate Rentals $ 5,960 Telecommunications $ 68,215 Per Diem, Fees and Contracts $ 83,540 Utilities $ 1,269,269 Military Assistance to Safety and Traffic Grant $ -0- National Guard Units Grants $ 411,000 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 40,000 Capital Outlay $ 991,716 Local Civil Defense Grants - Project Application $ 40,000 Local Civil Defense Grants - Training $ -0- Repairs and Renovations $ 85,000 Total Positions Budgeted 196 Authorized Motor Vehicles 20 Section 19. State Board of Education - Department of Education . A. Budget Unit: Department of Education $ 1,407,529,426 1. Instructional Services Budget: Personal Services $ 4,401,689 Regular Operating Expenses $ 789,125 Travel $ 252,670 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 193,885 Equipment Purchases $ 10,000 Real Estate Rentals $ 354,680 Telecommunications $ 114,140 Per Diem, Fees and Contracts $ 51,000 Utilities $ 3,575 Total Funds Budgeted $ 6,170,764 Indirect DOAS Services Funding $ 51,000 State Funds Budgeted $ 3,705,394 Total Positions Budgeted 163 2. Governor's Honors Program Budget: Personal Services $ 286,799 Regular Operating Expenses $ 24,350 Travel $ 3,395 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,600 Equipment Purchases $ 3,625 Real Estate Rentals $ -0- Telecommunications $ 5,570 Per Diem, Fees and Contracts $ 454,020 Total Funds Budgeted $ 779,359 State Funds Budgeted $ 779,359 Total Positions Budgeted 2 3. Vocational Education Budget: Personal Services $ 2,964,657 Regular Operating Expenses $ 264,465 Travel $ 204,775 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 63,240 Equipment Purchases $ 12,640 Real Estate Rentals $ 302,845 Telecommunications $ 92,980 Per Diem, Fees and Contracts $ 1,514,775 Utilities $ 14,275 Total Funds Budgeted $ 5,434,652 State Funds Budgeted $ 2,187,002 Total Positions Budgeted 101 4. Public Library Services Budget: Personal Services $ 849,941 Regular Operating Expenses $ 179,655 Travel $ 13,800 Publications and Printing $ 10,180 Equipment Purchases $ -0- Real Estate Rentals $ 124,000 Telecommunications $ 37,320 Per Diem, Fees and Contracts $ 90,500 Utilities $ 14,510 Total Funds Budgeted $ 1,319,906 State Funds Budgeted $ 746,123 Total Positions Budgeted 41 5. State Administration Budget Personal Services $ 1,009,675 Regular Operating Expenses $ 296,895 Travel $ 37,500 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ 11,620 Equipment Purchases $ 7,800 Real Estate Rentals $ 206,120 Telecommunications $ 26,720 Per Diem, Fees and Contracts $ 178,950 Total Funds Budgeted $ 1,784,280 State Funds Budgeted $ 1,409,787 Total Positions Budgeted 31 6. Administrative Services Budget: Personal Services $ 4,811,132 Regular Operating Expenses $ 214,300 Travel $ 217,965 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 186,985 Equipment Purchases $ 2,700 Computer Charges $ 685,965 Real Estate Rentals $ 636,825 Telecommunications $ 102,600 Per Diem, Fees and Contracts $ 642,950 Utilities $ 6,895 Total Funds Budgeted $ 7,509,317 Indirect DOAS Services Funding $ 289,000 State Funds Budgeted $ 4,787,405 Total Positions Budgeted 186 7. Certification of Public School Personnel Budget: Personal Services $ 604,500 Regular Operating Expenses $ 31,350 Travel $ 1,390 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,650 Equipment Purchases $ 1,825 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 17,525 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 661,240 State Funds Budgeted $ 638,094 Total Positions Budgeted 31 8. Planning and Development Budget: Personal Services $ 2,085,780 Regular Operating Expenses $ 82,160 Travel $ 80,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 74,550 Equipment Purchases $ 6,050 Real Estate Rentals $ 333,345 Telecommunications $ 52,975 Per Diem, Fees and Contracts $ 1,315,010 Total Funds Budgeted $ 4,029,870 State Funds Budgeted $ 3,401,089 Total Positions Budgeted 65 9. Professional Standards Commission Budget: Personal Services $ 63,087 Regular Operating Expenses $ 7,560 Travel $ 2,000 Publications and Printing $ 6,000 Equipment Purchases $ -0- Real Estate Rentals $ 5,900 Telecommunications $ 3,500 Per Diem, Fees and Contracts $ 40,000 Total Funds Budgeted $ 128,047 State Funds Budgeted $ 128,047 Total Positions Budgeted 2 10. Vocational Advisory Council Budget: Personal Services $ 69,176 Regular Operating Expenses $ 11,710 Travel $ 4,825 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,500 Equipment Purchases $ 3,400 Computer Charges $ -0- Real Estate Rentals $ 8,000 Telecommunications $ 3,585 Per Diem, Fees and Contracts $ 20,000 Total Funds Budgeted $ 129,196 State Funds Budgeted $ -0- Total Positions Budgeted 2 11. Professional Practices Commission Budget: Personal Services $ 250,075 Regular Operating Expenses $ 9,810 Travel $ 12,640 Motor Vehicle Equipment Purchases $ 9,200 Publications and Printing $ 700 Equipment Purchases $ 10,000 Computer Charges $ -0- Real Estate Rentals $ 25,140 Telecommunications $ 5,930 Per Diem, Fees and Contracts $ 55,000 Total Funds Budgeted $ 378,495 State Funds Budgeted $ 378,495 Total Positions Budgeted 7 12. Local Programs Budget: APEG Grants: Salaries of instructional Personnel Code Section 20-2-157(a) $ 576,330,451 Salaries of Instructional Personnel Code Section 20-2-152 $ 100,665,067 Salaries of Instructional Personnel Code Section 20-2-153 $ 24,938,840 Salaries of Student Supportive Personnel $ 24,628,256 Salaries of Administrative and Supervisory Personnel $ 67,042,919 Special Education Leadership Personnel $ 3,185,984 Instructional Media $ 19,781,153 Instructional Equipment $ 686,289 Maintenance and Operation $ 92,311,377 Sick and Personal Leave $ 5,494,319 Travel $ 1,006,891 Pupil Transportation $ 85,292,194 Isolated Schools $ 517,973 Non-APEG Grants: Education of Children of Low-Income Families $ 75,364,111 Teacher Retirement $ 108,529,134 Instructional Services for the Handicapped $ 22,688,126 Preparation of Professional Personnel in Education of Handicapped Children $ 43,775 Tuition for the Multihandicapped $ 1,172,000 Severely Emotionally Disturbed $ 16,024,487 Compensatory Education $ 16,526,420 School Lunch (Federal) $ 78,851,316 School Lunch (State) $ 16,769,483 Staff Development $ 739,750 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 3,559,235 Special Project Grants $ -0- Cooperative Educational Service Agencies $ 3,869,339 Superintendents' Salaries $ 4,949,007 High School Program $ 28,431,976 Area Vocational-Technical Schools $ 54,964,546 Junior College Vocational Program $ 1,729,709 Quick Start Program $ 2,800,000 Comprehensive Employment and Training $ 2,290,000 Vocational Research and Curriculum $ 491,539 Adult Education $ 3,170,411 Salaries and Travel of Public Librarians $ 4,381,670 Public Library Materials $ 3,575,228 Talking Book Centers $ 684,527 Public Library Maintenance and Operation $ 2,714,607 Public Library Construction $ 441,995 Instructional Aides $ 9,758,903 Teacher Health Insurance $ 34,155,435 Capital Outlay $ 270,000 Grants to Local School Systems for Educational Purposes $ 78,000,000 Salaries of Extended Pre-School Personnel $ 10,478,648 Chapter II - Block Grant Flow Through $ 8,702,655 Child Care Lunch Program $ 1,000,000 Total Funds Budgeted $1,599,009,745 State Funds Budgeted $1,389,368,631 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 17,396,511 Regular Operating Expenses $ 1,911,380 Travel $ 830,960 Motor Vehicle Equipment Purchases $ 18,200 Publications and Printing $ 561,910 Equipment Purchases $ 58,040 Computer Charges $ 685,965 Real Estate Rentals $ 1,996,855 Telecommunications $ 462,845 Per Diem, Fees and Contracts $ 4,363,205 Utilities $ 39,255 APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a) $ 576,330,451 Salaries of Instructional Personnel Code Section 20-2-152 $ 100,665,067 Salaries of Instructional Personnel Code Section 20-2-153 $ 24,938,840 Salaries of Student Supportive Personnel $ 24,628,256 Salaries of Administrative and Supervisory Personnel $ 67,042,919 Special Education Leadership Personnel $ 3,185,984 Instructional Media $ 19,781,153 Instructional Equipment $ 686,289 Maintenance and Operation $ 92,311,377 Sick and Personal Leave $ 5,494,319 Travel $ 1,006,891 Pupil Transportation - Regular $ 85,292,194 Isolated Schools $ 517,973 Non-APEG Grants: Education of Children of Low-Income Families $ 75,364,111 Teacher Retirement $ 108,529,134 Instructional Services for the Handicapped $ 22,688,126 Preparation of Professional Personnel in Education of Handicapped Children $ 43,775 Tuition for the Multihandicapped $ 1,172,000 Severely Emotionally Disturbed $ 16,024,487 Compensatory Education $ 16,024,487 School Lunch (Fed.) $ 78,851,316 School Lunch (State) $ 16,769,483 Staff Development $ 739,750 Supervision and Assessment of Students and Beginning Teachers and Performance based Certification $ 3,559,235 Cooperative Educational Service Areas $ 3,869,339 Superintendents Salaries $ 4,949,007 High School Program $ 28,431,976 Area School Program $ 54,964,546 Junior College Program $ 1,729,709 Quick Start $ 2,800,000 Special Projects $ -0- Comprehensive Employment and Training $ 2,290,000 Vocational Research and Curriculum $ 491,539 Adult Education $ 3,170,411 Salaries and Travel of Public Librarians $ 4,381,670 Public Library Materials $ 3,575,228 Talking Book Centers $ 684,527 Public Library M O $ 2,714,607 Public Library Construction $ 441,995 Instructional Aides $ 9,758,903 Teacher Health Insurance $ 34,155,435 Capital Outlay $ 270,000 Grants to Local School Systems for Educational Purposes $ 78,000,000 Indo-Chinese Refugee $ -0- Salaries of Extended Pre-School Personnel $ 10,478,648 Child Care Lunch Program (Federal) $ 1,000,000 Chapter II - Block Grant Flow Through $ 8,702,655 Total Positions Budgeted 631 Authorized Motor Vehicles 6 B. Budget Unit: Institutions $ 15,812,979 1. Georgia Academy for the Blind Budget: Personal Services $ 2,646,553 Regular Operating Expenses $ 227,085 Travel $ 2,800 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 2,845 Equipment Purchases $ 16,860 Telecommunications $ 15,595 Per Diem, Fees and Contracts $ 7,700 Utilities $ 186,150 Capital Outlay $ 10,000 Total Funds Budgeted $ 3,123,588 State Funds Budgeted $ 2,838,678 Total Positions Budgeted 149 2. Georgia School for the Deaf Budget: Personal Services $ 4,679,900 Regular Operating Expenses $ 561,400 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 12,220 Telecommunications $ 17,650 Per Diem, Fees and Contracts $ 12,650 Utilities $ 408,460 Capital Outlay $ -0- Total Funds Budgeted $ 5,701,680 State Funds Budgeted $ 5,354,222 Total Positions Budgeted 249 3. Atlanta Area School for the Deaf Budget: Personal Services $ 1,995,391 Regular Operating Expenses $ 206,275 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 15,800 Telecommunications $ 27,365 Per Diem, Fees and Contracts $ 81,865 Utilities $ 126,410 Capital Outlay $ -0- Total Funds Budgeted $ 2,462,106 State Funds Budgeted $ 2,238,974 Total Positions Budgeted 93 4. North Georgia Vocational-Technical School Budget: Personal Services $ 2,571,659 Regular Operating Expenses $ 679,030 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 30,600 Publications and Printing $ 4,000 Equipment Purchases $ 95,440 Telecommunications $ 17,375 Per Diem, Fees and Contracts $ -0- Utilities $ 340,080 Capital Outlay $ 105,000 Total Funds Budgeted $ 3,853,184 State Funds Budgeted $ 2,884,172 Total Positions Budgeted 104 5. South Georgia Vocational-Technical School Budget: Personal Services $ 2,050,062 Regular Operating Expenses $ 516,850 Travel $ 14,475 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 2,500 Equipment Purchases $ 108,395 Telecommunications $ 26,950 Per Diem, Fees and Contracts $ 11,750 Utilities $ 322,140 Capital Outlay $ 15,000 Total Funds Budgeted $ 3,088,122 State Funds Budgeted $ 2,496,933 Total Positions Budgeted 90 Budget Unit Object Classes : Personal Services $ 13,943,565 Regular Operating Expenses $ 2,190,640 Travel $ 43,775 Motor Vehicle Equipment Purchases $ 58,600 Publications and Printing $ 11,245 Equipment Purchases $ 248,715 Telecommunications $ 104,935 Per Diem, Fees and Contracts $ 113,965 Utilities $ 1,383,240 Capital Outlay $ 130,000 Total Positions Budgeted 685 Authorized Motor Vehicles 80 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 bear 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. 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 permit extension of the half-day kindergarten program to a full-day program, local systems may elect to use mid-day transportation allotments to employ aides or certificated instructional personnel on a reimbursable basis to the extent that the $12,202 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 further that for the purpose of mid-term adjustment in grades 1 through 7 additional units shall be the difference between the total earned and total allotted in those grades. 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. Furthermore, the 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. 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 Code Section 20-2-157(b)(2) and Code Section 20-2-160. Provided, that of the above appropriation for $739,750 for Staff Development, $73,975 is designated and committed to fund a State level staff development program specifically for Special Education Teachers 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 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, $16,526,420 is designated and committed for a compensatory education program for students in grades three through eleven and shall be used for remedial purposes only. The local system's Compensatory Education Plan shall provide for a program of remediating those students who have failed, or are at risk of failing, the fourth and eighth grade Georgia Criterion Referenced Tests and the tenth grade Georgia Basic Skills Test. Provided, however, where a local system's Compensatory Education Plan justifies the need, the State Board of Education may approve the usage of these funds for remedial purposes in grades one and two. Funds shall be distributed on the basis of the number of students in grades four, eight, and ten failing to achieve the minimum standard score on the statewide reading and mathematics test administered to all students enrolled at these grade levels. Provided, that the funds appropriated herein for local school construction shall be used to complete the funding of those projects for which S.F.Y. 1984 entitlements were sufficient to cover eligible projects Code Section 20-2-250, based on a total state entitlement of $60 million for S.F.Y. 1984. Provided, that of the funds appropriated for the High School Program, Comprehensive High Schools or Vocational Schools may use funds for the purpose of repairing existing equipment in lieu of purchasing new equipment without prior approval of the Department of Education. Section 20. Employees' Retirement System . Budget Unit: Employees' Retirement System $ 8,342,714 Employees' Retirement System Budget: Personal Services $ 610,551 Regular Operating Expenses $ 14,139 Travel $ 8,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ 2,000 Computer Charges $ 126,082 Real Estate Rentals $ 74,046 Telecommunications $ 11,633 Per Diem, Fees and Contracts $ 432,400 Postage $ 48,000 Employer Contribution $ 8,342,714 Total Funds Budgeted $ 9,689,965 State Funds Budgeted $ 8,342,714 Total Positions Budgeted 28 Budget Unit Object Classes : Personal Services $ 610,551 Regular Operating Expenses $ 14,139 Travel $ 8,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ 2,000 Computer Charges $ 126,082 Real Estate Rentals $ 74,046 Telecommunications $ 11,633 Per Diem, Fees and Contracts $ 432,400 Postage $ 48,000 Employer Contribution $ 8,342,714 Total Positions Budgeted 28 Authorized Motor Vehicles 1 Section 21. Forestry Commission . Budget Unit: Forestry Commission $ 23,413,712 1. Reforestation Budget: Personal Services $ 969,498 Regular Operating Expenses $ 901,155 Travel $ 5,030 Motor Vehicle Equipment Purchases $ 22,445 Publications and Printing $ 2,325 Equipment Purchases $ 16,845 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,870 Per Diem, Fees and Contracts $ 12,810 Total Funds Budgeted $ 1,938,978 State Funds Budgeted $ 554,138 Total Positions Budgeted 34 2. Field Services Budget: Personal Services $ 16,392,146 Regular Operating Expenses $ 3,772,305 Travel $ 87,400 Motor Vehicle Equipment Purchases $ 924,435 Publications and Printing $ 23,300 Equipment Purchases $ 1,449,795 Computer Charges $ -0- Real Estate Rentals $ 18,212 Telecommunications $ 495,000 Per Diem, Fees and Contracts $ 28,070 Ware County Grant $ 60,000 Capital Outlay $ -0- Total Funds Budgeted $ 23,250,663 State Funds Budgeted $ 21,185,663 Total Positions Budgeted 794 3. General Administration and Support Budget: Personal Services $ 710,710 Regular Operating Expenses $ 96,520 Travel $ 14,500 Motor Vehicle Equipment Purchases $ 6,530 Publications and Printing $ 43,500 Equipment Purchases $ 2,350 Computer Charges $ 131,875 Real Estate Rentals $ -0- Telecommunications $ 20,000 Per Diem, Fees and Contracts $ 3,800 Contractual Research $ 200,000 Payments to the University of Georgia, School of Forestry for Forest Research $ 300,000 Total Funds Budgeted $ 1,529,785 State Funds Budgeted $ 1,529,385 Total Positions Budgeted 25 4. Wood Energy Budget: Wood Energy Program $ 144,526 Total Funds Budgeted $ 144,526 State Funds Budgeted $ 144,526 Total Positions Budgeted 4 Budget Unit Object Classes : Personal Services $ 18,072,354 Regular Operating Expenses $ 4,769,980 Travel $ 106,930 Motor Vehicle Equipment Purchases $ 953,410 Publications and Printing $ 69,125 Equipment Purchases $ 1,468,990 Computer Charges $ 131,875 Real Estate Rentals $ 18,212 Telecommunications $ 523,870 Per Diem, Fees and Contracts $ 44,680 Contractual Research $ 200,000 Payments to the University of Georgia, School of Forestry for Forest Research $ 300,000 Ware County Grant $ 60,000 Wood Energy Program $ 144,526 Capital Outlay $ -0- Total Positions Budgeted 857 Authorized Motor Vehicles 751 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 $ 18,490,836 1. General Administration Budget: Personal Services $ 572,366 Regular Operating Expenses $ 97,450 Travel $ 6,500 Motor Vehicle Equipment Purchases $ 8,600 Publications and Printing $ 4,000 Equipment Purchases $ 1,650 Computer Charges $ 6,630 Real Estate Rentals $ 31,000 Telecommunications $ 22,440 Per Diem, Fees and Contracts $ 3,200 Postage $ 5,500 Capital Outlay $ -0- Total Funds Budgeted $ 759,336 State Funds Budgeted $ 759,336 Total Positions Budgeted 21 2. Investigative Division Budget: Personal Services $ 6,516,645 Regular Operating Expenses $ 860,124 Travel $ 91,300 Motor Vehicle Equipment Purchases $ 457,400 Publications and Printing $ 21,500 Equipment Purchases $ 236,540 Computer Charges $ -0- Real Estate Rentals $ 120,310 Telecommunications $ 174,472 Per Diem, Fees and Contracts $ 2,600 Evidence Purchased $ 112,000 Postage $ 5,400 Capital Outlay $ -0- Total Funds Budgeted $ 8,598,291 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 8,598,291 Total Positions Budgeted 203 3. Drug Enforcement Unit Budget: Personal Services $ 1,346,105 Regular Operating Expenses $ 228,200 Travel $ 332,700 Motor Vehicle Equipment Purchases $ 192,550 Publications and Printing $ 1,500 Equipment Purchases $ 302,935 Computer Charges $ -0- Real Estate Rentals $ 14,500 Telecommunications $ 67,428 Per Diem, Fees and Contracts $ 400 Postage $ 1,320 Evidence Purchased $ 188,000 Total Funds Budgeted $ 2,675,638 State Funds Budgeted $ 2,675,638 Total Positions Budgeted 59 4. Forensic Sciences Division Budget: Personal Services $ 2,602,526 Regular Operating Expenses $ 415,206 Travel $ 25,000 Motor Vehicle Equipment Purchases $ 42,500 Publications and Printing $ 5,600 Equipment Purchases $ 41,350 Computer Charges $ 56,311 Real Estate Rentals $ 14,840 Telecommunications $ 81,200 Per Diem, Fees and Contracts $ 500 Postage $ 19,000 Capital Outlay $ -0- Total Funds Budgeted $ 3,304,033 State Funds Budgeted $ 3,304,033 Total Positions Budgeted 89 5. Georgia Crime Information Center Budget: Personal Services $ 1,969,471 Regular Operating Expenses $ 107,598 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 16,000 Publications and Printing $ 50,000 Equipment Purchases $ 7,325 Computer Charges $ 1,896,944 Real Estate Rentals $ 4,000 Telecommunications $ 471,200 Per Diem, Fees and Contracts $ -0- Postage $ 20,000 Total Funds Budgeted $ 4,553,538 Indirect DOAS Services Funding $ 1,400,000 State Funds Budgeted $ 3,153,538 Total Positions Budgeted 97 Provided, that the Department is authorized to use funds appropriated for Personal Services in the Georgia Crime Information Center to upgrade eight Fingerprint Specialist and eight Fingerprint Technician positions in accordance with recommendations of the Merit System of Personnel Administration. Budget Unit Object Classes : Personal Services $ 13,007,113 Regular Operating Expenses $ 1,708,578 Travel $ 466,500 Motor Vehicle Equipment Purchases $ 717,050 Publications and Printing $ 82,600 Equipment Purchases $ 589,800 Computer Charges $ 1,959,885 Real Estate Rentals $ 184,650 Telecommunications $ 816,740 Per Diem, Fees and Contracts $ 6,700 Evidence Purchased $ 300,000 Postage $ 51,220 Capital Outlay $ -0- Total Positions Budgeted 469 Authorized Motor Vehicles 289 Provided, the Department is authorized to use $3,700,000 in existing bond proceeds for permanent and moveable furnishings, landscaping, signing, scientific equipment and laboratory equipment. Section 23. Georgia State Financing and Investment Commission . Budget Unit: Georgia State Financing and Investment Commission $ -0- Departmental Operations Budget: Personal Services $ 862,655 Regular Operating Expenses $ 40,200 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 4,000 Computer Charges $ 17,431 Real Estate Rentals $ 80,617 Telecommunications $ 13,248 Per Diem, Fees and Contracts $ 122,000 Total Funds Budgeted $ 1,149,151 Total Expenditures Authorized $ 1,149,151 State Funds Budgeted $ -0- Total Positions Budgeted 25 Budget Unit Object Classes : Personal Services $ 862,655 Regular Operating Expenses $ 40,200 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 4,000 Computer Charges $ 17,431 Real Estate Rentals $ 80,617 Telecommunications $ 13,248 Per Diem, Fees and Contracts $ 122,000 Total Positions Budgeted 25 Authorized Motor Vehicles 0 Section 24. Office of the Governor . A. Budget Unit: Governor's Office $ 4,470,824 1. Governor's Office Budget: Cost of Operations $ 1,899,449 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 118,500 Total Funds Budgeted $ 4,057,949 State Funds Budgeted $ 4,057,949 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 $ 373,987 Regular Operating Expenses $ 9,000 Travel $ 10,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,075 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 69,913 Telecommunications $ 8,400 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 482,875 State Funds Budgeted $ 412,875 Total Positions Budgeted 15 Budget Unit Object Classes : Cost of Operations $ 1,899,449 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 118,500 Personal Services $ 373,987 Regular Operating Expenses $ 9,000 Travel $ 10,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,075 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 69,913 Telecommunications $ 8,400 Per Diem, Fees and Contracts $ 10,000 Total Positions Budgeted 15 Authorized Motor Vehicles 1 B. Budget Unit: Office of Planning and Budget $ 3,468,228 Office of Planning and Budget Budget: Personal Services $ 2,823,733 Regular Operating Expenses $ 100,200 Travel $ 65,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,200 Equipment Purchases $ -0- Computer Charges $ 104,780 Real Estate Rentals $ 190,840 Telecommunications $ 50,875 Per Diem, Fees and Contracts $ 111,000 Total Funds Budgeted $ 3,483,228 State Funds Budgeted $ 3,468,228 Total Positions Budgeted 83 Budget Unit Object Classes : Personal Services $ 2,823,733 Regular Operating Expenses $ 100,200 Travel $ 65,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,200 Equipment Purchases $ -0- Computer Charges $ 104,780 Real Estate Rentals $ 190,840 Telecommunications $ 50,875 Per Diem, Fees and Contracts $ 111,000 Total Positions Budgeted 83 Authorized Motor Vehicles 0 C. Budget Unit: Units Attached for Administrative Purposes Only $ 3,576,559 1. Council of the Arts Budget: Personal Services $ 164,015 Regular Operating Expenses $ 8,545 Travel $ 3,060 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 39,600 Telecommunications $ 8,270 Per Diem, Fees and Contracts $ 9,000 Art Grants - State Funds $ 1,368,806 Art Grants - Federal Funds $ 285,000 Art Grants - Donations $ 26,000 Total Funds Budgeted $ 1,916,796 State Funds Budgeted $ 1,605,796 Total Positions Budgeted 8 2. Office of Consumer Affairs: Personal Services $ 1,022,926 Regular Operating Expenses $ 34,125 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ -0- Computer Charges $ 14,400 Real Estate Rentals $ 155,822 Telecommunications $ 100,000 Per Diem, Fees and Contracts $ 4,000 Total Funds Budgeted $ 1,348,273 State Funds Budgeted $ 1,022,933 Total Positions Budgeted 42 3. State Energy Office Budget: Personal Services $ 241,801 Regular Operating Expenses $ 14,500 Travel $ 17,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,300 Per Diem, Fees and Contracts $ 4,532,208 Total Funds Budgeted $ 4,841,809 State Funds Budgeted $ 161,349 Total Positions Budgeted 9 4. Governor's Committee on Post-Secondary Education Budget: Personal Services $ 126,514 Regular Operating Expenses $ 11,200 Travel $ 2,150 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,700 Equipment Purchases $ -0- Computer Charges $ 5,000 Real Estate Rentals $ 14,802 Telecommunications $ 2,600 Per Diem, Fees and Contracts $ 7,050 Total Funds Budgeted $ 178,016 State Funds Budgeted $ 178,016 Total Positions Budgeted 4 5. Consumer's Utility Counsel Budget: Personal Services $ 293,188 Regular Operating Expenses $ 11,000 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 15,863 Telecommunications $ 5,200 Per Diem, Fees and Contracts $ 30,000 Total Funds Budgeted $ 358,951 State Funds Budgeted $ 358,951 Total Positions Budgeted 10 6. Criminal Justice Coordinating Council Budget: Personal Services $ 177,906 Regular Operating Expenses $ 11,015 Travel $ 8,575 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 28,768 Telecommunications $ 3,800 Per Diem, Fees and Contracts $ 14,950 Total Funds Budgeted $ 249,514 State Funds Budgeted $ 249,514 Total Positions Budgeted 5 Budget Unit Object Classes : Personal Services $ 2,026,350 Regular Operating Expenses $ 90,385 Travel $ 45,285 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 47,900 Equipment Purchases $ -0- Computer Charges $ 19,400 Real Estate Rentals $ 254,855 Telecommunications $ 132,170 Per Diem, Fees and Contracts $ 4,597,208 Art Grants - State Funds $ 1,368,806 Art Grants - Federal Funds $ 285,000 Art Grants - Donations $ 26,000 Total Positions Budgeted 78 Authorized Motor Vehicles 0 Provided, however, that of the above appropriation relative to Art Grants - State Funds, not less than 95% of the State-Funded Art Grants 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 $ 6,800,000 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 $ 258,670,804 1. General Administration and Support Budget: Personal Services $ 14,547,215 Regular Operating Expenses $ 3,297,570 Travel $ 487,775 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 150,600 Equipment Purchases $ 3,165 Computer Charges $ 1,273,108 Real Estate Rentals $ 3,625,490 Telecommunications $ 611,475 Per Diem, Fees and Contracts $ 943,300 Utilities $ 170,900 Postage $ 552,050 Capital Outlay $ -0- Total Funds Budgeted $ 25,662,648 Indirect DOAS Services Funding $ 638,212 Indirect GBA Funding $ -0- Agency Funds $ 11,518,962 Social Services Block Grant Funds $ 934,000 State Funds Budgeted $ 12,571,474 Total Positions Budgeted 680 Authorized Motor Vehicles 7 General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office $ 565,729 $ 565,729 13 Child Care Licensing $ 1,342,397 $ 1,342,397 50 Laboratory Improvement $ 515,638 $ 415,638 17 Child Support Recovery $ 6,918,912 $ 698,649 306 Contract Management $ 188,982 $ 188,982 6 Public Affairs $ 373,993 $ 373,993 12 Office of Administrative Appeals $ 818,088 $ 818,088 25 Health Care Facilities Regulations $ 1,703,292 $ 594,792 52 Radiological Health $ 495,349 $ 495,349 15 Administrative Policy, Coordination and Direction $ 2,421,115 $ 2,421,115 4 Personnel $ 1,064,425 $ 992,425 42 Administrative Support Services $ 2,063,033 $ 1,834,678 51 Office of Review and Investigation $ 1,430,602 $ 339,359 41 Systems Planning, Development and Training $ 291,546 $ 291,546 7 Compliance Monitoring $ 233,987 $ 233,987 7 Electronic Data Processing, Planning and Coordination $ 305,346 $ 105,346 0 Facilities Management $ 3,926,615 $ 2,987,982 8 Regulatory Services - Program Direction and Support $ 319,881 $ 319,881 7 MH/MR Advisory Council $ 45,725 $ 45,725 1 Council on Family Planning $ 8,800 $ 880 0 Developmental Disabilities $ 224,900 $ -0- 5 Council on Maternal and Infant Health $ 99,456 $ 99,456 3 Community and Intergovernmental Affairs $ 304,837 $ 304,837 8 Indirect Cost $ -0- $ (2,899,360) 0 Undistributed $ -0- $ -0- 0 Total $ 25,662,648 $ 12,571,474 680 2. Financial Management Budget: Personal Services $ 5,807,376 Regular Operating Expenses $ 138,700 Travel $ 184,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,000 Equipment Purchases $ 4,196 Computer Charges $ 105,000 Real Estate Rentals $ 4,100 Telecommunications $ 1,000 Per Diem, Fees and Contracts $ 15,000 Utilities $ -0- Postage $ 75 Institutional Repairs and Maintenance $ -0- Total Funds Budgeted $ 6,285,047 Social Services Block Grant Funds $ 721,800 Agency Funds $ 1,649,200 State Funds Budgeted $ 3,914,047 Total Positions Budgeted 240 Authorized Motor Vehicles 0 Financial Management Functional Budgets Total Funds State Funds Pos. Budget Administration $ 1,283,304 $ 1,283,304 40 Accounting Services $ 3,252,752 $ 3,252,752 149 Auditing Services $ 1,748,991 $ 1,748,991 51 Indirect Cost $ -0- $ (2,371,000) 0 Undistributed $ -0- $ -0- 0 Total $ 6,285,047 $ 3,914,047 240 3. Special Programs Budget: Personal Services $ 3,749,123 Regular Operating Expenses $ 12,803,054 Travel $ 162,660 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 80,210 Equipment Purchases $ 2,293 Computer Charges $ 278,980 Real Estate Rentals $ 27,456 Telecommunications $ 108,725 Per Diem, Fees and Contracts $ 34,493,347 Menninger Group Homes $ 366,000 Contract - Georgia Advocacy Office, Inc $ 215,000 Utilities $ -0- Postage $ 42,900 Benefits for Child Care $ 691,200 Total Funds Budgeted $ 53,020,948 Social Services Block Grant Funds $ 15,570,723 Indirect DOAS Services Funding $ 44,143 Agency Funds $ 30,188,833 State Funds Budgeted $ 7,217,249 Total Positions Budgeted 154 Authorized Motor Vehicles 111 Special Programs Functional Budgets Total Funds State Funds Pos. Alternative Health Services $ 1,007,600 $ 324,910 40 Human Development, Director's Office $ 757,248 $ 757,248 23 Child Development Administration $ 995,056 $ 293,132 34 Child Development Contracts - Foster Care $ 302,365 $ 25,965 0 Special Projects $ 652,900 $ 652,900 0 Child Development Contracts - Day Care $ 19,961,060 $ 3,139,030 0 Child Development Contracts - Home Management $ 161,447 $ 23,899 0 Child Development Contracts - Outreach $ 773,680 $ 124,728 0 Information and Referral $ 325,340 $ 325,340 0 Troubled Children Benefits $ 1,057,200 $ 1,057,200 0 Council on Aging $ 45,865 $ 45,865 1 Energy Assistance $ 16,270,891 $ -0- 6 Social Services Grant Administration $ 1,045,644 $ 447,032 35 Community Services $ 9,664,652 $ -0- 15 Undistributed $ -0- $ -0- 0 Total $ 53,020,948 $ 7,217,249 154 4. Public Health - Program Direction and Support Budget: Personal Services $ 2,520,064 Regular Operating Expenses $ 130,020 Travel $ 59,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 52,800 Equipment Purchases $ 13,000 Computer Charges $ 321,816 Real Estate Rentals $ -0- Telecommunications $ 212,680 Per Diem, Fees and Contracts $ 12,400 Utilities $ -0- Postage $ 1,200 Total Funds Budgeted $ 3,323,780 Indirect DOAS Services Funding $ 504,016 Agency Funds $ 135,000 State Funds Budgeted $ 2,684,764 Total Positions Budgeted 112 Authorized Motor Vehicles 0 Public Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 536,908 $ 357,908 7 Employee's Health $ 266,821 $ 231,821 9 Primary Health Care $ 225,486 $ 222,286 7 Health Program Management $ 648,326 $ 563,326 25 Vital Records $ 1,023,805 $ 1,008,805 52 Health Services Research $ 622,434 $ 300,618 12 Undistributed $ -0- $ -0- 0 Total $ 3,323,780 $ 2,684,764 112 5. Public Health - Family Health Budget: Personal Services $ 5,890,698 Regular Operating Expenses $ 2,058,895 Travel $ 254,350 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 145,500 Equipment Purchases $ 22,110 Computer Charges $ 117,090 Real Estate Rentals $ 1,740 Telecommunications $ 46,200 Per Diem, Fees and Contracts $ 6,630,524 Crippled Children Clinics $ 316,000 Utilities $ -0- Postage $ 16,800 Regional Grants for Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 2,860,000 Kidney Disease Benefits $ 594,000 Cancer Control Benefits $ 2,015,000 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 $ 113,000 Contract with Auditory Educational Clinic $ 60,000 Contract with Emory University for Arthritis Research $ 205,000 Contract for Scoliosis Screening $ 115,000 Family Planning Benefits $ 226,530 Total Funds Budgeted $ 25,732,437 Indirect DOAS Services Funding $ 11,350 Agency Funds $ 10,770,258 State Funds Budgeted $ 14,950,829 Total Positions Budgeted 215 Authorized Motor Vehicles 4 Public Health - Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management $ 6,245,574 $ 575,439 21 Cancer Control $ 2,741,123 $ 2,741,123 6 Crippled Children $ 4,788,802 $ 2,699,850 54 Immunization $ 359,040 $ -0- 10 Maternal Health $ 252,475 $ -0- 6 Sexually Transmitted Diseases $ 220,524 $ 220,524 6 Infant and Child Health $ 4,592,856 $ 4,478,925 13 Diabetes $ 279,035 $ 223,735 3 Chronic Disease $ 1,711,940 $ 1,711,940 21 Coordination, Education, Prevention $ 635,120 $ -0- 7 Malnutrition $ 549,700 $ -0- 13 Stroke and Heart Attack Prevention $ 157,998 $ 157,998 5 Family Planning $ 955,210 $ 57,902 14 Epidemiology $ 992,427 $ 832,780 10 Dental Health $ 129,857 $ 129,857 3 Community Tuberculosis Control $ 1,120,756 $ 1,120,756 23 Undistributed $ -0- $ -0- 0 Total $ 25,732,437 $ 14,950,829 215 6. Public Health - Community Health Budget: Personal Services $ 3,225,682 Regular Operating Expenses $ 478,520 Travel $ 48,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 63,350 Equipment Purchases $ 61,701 Computer Charges $ 20,000 Real Estate Rentals $ -0- Telecommunications $ 5,750 Per Diem, Fees and Contracts $ 834,547 Utilities $ -0- Postage $ 13,300 Total Funds Budgeted $ 4,751,750 Indirect DOAS Services Funding $ 4,000 Agency Funds $ 774,272 State Funds Budgeted $ 3,973,478 Total Positions Budgeted 137 Authorized Motor Vehicles 1 Public Health - Community Health Functional Budgets Total Funds State Funds Pos. Occupational and Radiological Health $ 805,573 $ 262,801 6 Laboratory Services $ 3,285,707 $ 3,110,707 119 Emergency Health $ 660,470 $ 599,970 12 Undistributed $ -0- $ -0- 0 Total $ 4,751,750 $ 3,973,478 137 7. Public Health - Local Services Budget: Personal Services $ 13,736,946 Regular Operating Expenses $ 22,478,699 Travel $ 481,050 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 31,400 Equipment Purchases $ 56,193 Computer Charges $ -0- Real Estate Rentals $ 173,370 Telecommunications $ 184,650 Per Diem, Fees and Contracts $ 11,893,589 Utilities $ 2,000 Postage $ 32,150 Crippled Children Clinics $ 238,572 Contract - Macon-Bibb County Hospital Authority $ 4,500,000 Grant to Counties for Metabolic Disorders Screening and Treatment $ 45,000 Family Planning Benefits $ 75,000 Midwifery Program Benefits $ 175,000 Crippled Children Benefits $ 1,407,200 Grants to Counties for Teenage Pregnancy Prevention $ 250,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,780,000 Grant-In-Aid to Counties $ 33,771,910 Total Funds Budgeted $ 93,312,729 Indirect DOAS Services Funding $ 129,350 Agency Funds $ 41,934,909 State Funds Budgeted $ 51,248,470 Total Positions Budgeted 540 Authorized Motor Vehicles 2 Public Health - Local Services Functional Budgets Total Funds State Funds Pos. Minimum Foundation $ 6,935,724 $ 6,774,518 191 Grant-In-Aid to Counties $ 33,869,581 $ 32,009,793 0 Stroke and Heart Attack Prevention $ 1,312,734 $ 782,734 18 Family Planning $ 6,057,050 $ 2,903,783 177 Sickle Cell, Vision and Hearing $ 473,780 $ 473,780 15 Sexually Transmitted Diseases $ 1,079,850 $ 85,000 27 High Risk Pregnant Women and Their Infants $ 4,318,455 $ 4,318,455 19 Newborn Follow-Up Care $ 301,507 $ 301,507 11 District Dental $ 1,163,333 $ 953,158 17 Teenage Pregnancy Prevention $ 250,000 $ 250,000 0 District Crippled Children $ 2,542,896 $ 1,778,513 36 Emergency Health $ 1,327,973 $ 277,598 9 Primary Health Care $ 7,487,717 $ 339,631 10 Malnutrition $ 26,192,129 $ -0- 10 Undistributed $ -0- $ -0- 0 Total $ 93,312,729 $ 51,248,470 540 8. Mental Health - Program Direction and Support Budget: Personal Services $ 3,613,535 Regular Operating Expenses $ 120,880 Travel $ 111,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 47,036 Equipment Purchases $ 1,055 Computer Charges $ 1,074,219 Real Estate Rentals $ -0- Telecommunications $ 289,500 Per Diem, Fees and Contracts $ 173,300 Utilities $ -0- Postage $ 950 Total Funds Budgeted $ 5,431,975 Social Services Block Grant Funds $ 15,000 Indirect DOAS Services Funding $ 1,000,197 Agency Funds $ 510,540 State Funds Budgeted $ 3,906,238 Total Positions Budgeted 115 Mental Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration $ 3,127,115 $ 2,126,918 55 Special Projects and Contracts $ 60,000 $ -0- 2 Program Coordination $ 2,244,860 $ 1,779,320 58 Undistributed $ -0- $ -0- 0 Total $ 5,431,975 $ 3,906,328 115 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 $ 490,000 Utilities $ -0- Postage $ -0- W.I.N. Benefits $ 479,964 Grants to Fulton County for 24-hour Emergency Social Services $ 182,400 Benefits for Child Care $ 14,835,003 Homemaker Meals $ 117,837 Chatham County Homemaker Project $ 539,795 Douglas County Homemaker Project $ 140,362 Fulton County Homemaker Project $ 361,832 Total Funds Budgeted $ 17,147,193 Agency Funds $ 5,542,338 Social Services Block Grant Funds $ 1,230,600 State Funds Budgeted $ 10,374,255 Total Positions Budgeted 0 Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Work Incentive Benefits $ 479,964 $ 47,996 0 Grants to Fulton County for 24-hour Emergency Social Services $ 182,400 $ 182,400 0 Legal Services $ 440,000 $ 215,000 0 AFDC - Family Foster Care $ 3,819,197 $ 1,279,947 0 AFDC - Institutional Foster Care $ 1,322,255 $ 443,135 0 Specialized Foster Care $ 54,638 $ 54,638 0 Child Welfare - Family Foster Care $ 7,627,011 $ 6,141,011 0 Adoption Supplement $ 544,663 $ 544,663 0 Non-AFDC Institutional Foster Care $ 567,082 $ 567,082 0 Liability Insurance $ 16,000 $ 16,000 0 Emergency Shelter Care $ 99,428 $ 99,428 0 Day Care $ 647,729 $ 223,529 0 Maternity Care $ 50,000 $ 50,000 0 Psychiatric, Psychological and Speech Therapy $ 130,000 $ 130,000 0 Return of Runaways - County $ 7,000 $ 7,000 0 Homemaker Projects $ 1,159,826 $ 372,426 0 Undistributed $ -0- $ -0- 0 Total $ 17,147,193 $ 10,374,255 0 10. Youth Services - Program Direction and Support: Personal Services $ 822,963 Regular Operating Expenses $ 19,600 Travel $ 17,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,550 Equipment Purchases $ 795 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 25,400 Per Diem, Fees and Contracts $ 3,500 Utilities $ -0- Postage $ -0- Benefits for Child Care $ -0- Total Funds Budgeted $ 893,908 Indirect DOAS Services Funding $ -0- Agency Funds $ -0- State Funds Budgeted $ 893,908 Total Positions Budgeted 27 Authorized Motor Vehicles 0 11. Services to the Aged Budget: Personal Services $ 1,027,387 Regular Operating Expenses $ 28,850 Travel $ 37,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 3,100 Telecommunications $ 29,900 Per Diem, Fees and Contracts $ 20,883,101 Utilities $ -0- Postage $ 200 Total Funds Budgeted $ 22,023,538 Social Services Block Grant Funds $ 3,368,035 Agency Funds $ 16,802,080 State Funds Budgeted $ 1,853,423 Total Positions Budgeted 35 Authorized Motor Vehicles 224 Services to the Aged Functional Budgets Total Funds State Funds Pos. Title XX Adult Services $ 4,110,617 $ 566,015 0 Administration and Planning $ 2,496,517 $ 400,547 35 Title III Aging Services $ 15,416,404 $ 886,861 0 Undistributed $ -0- $ -0- 0 Total $ 22,023,538 $ 1,853,423 35 12. Rehabilitation Services - Program Direction and Support Budget: Personal Services $ 1,453,876 Regular Operating Expenses $ 82,678 Travel $ 56,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 31,000 Equipment Purchases $ 8,130 Computer Charges $ 669,533 Real Estate Rentals $ -0- Telecommunications $ 104,610 Per Diem, Fees and Contracts $ 225,095 Utilities $ -0- Postage $ 2,400 E.S.R.P. Case Services $ 75,000 Grants for Nephrology Centers $ 220,500 Total Funds Budgeted $ 2,929,322 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,605,806 State Funds Budgeted $ 1,323,516 Total Positions Budgeted 46 Rehabilitation Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 2,408,078 $ 914,078 43 Grants Management $ 521,244 $ 409,438 $ 3 Undistributed $ -0- $ -0- 0 Total $ 2,929,322 $ 1,323,516 46 13. Rehabilitation Services - Facilities Budget: Personal Services $ 3,614,329 Regular Operating Expenses $ 510,258 Travel $ 21,700 Motor Vehicle Equipment Purchases $ 49,359 Publications and Printing $ 2,660 Equipment Purchases $ 11,441 Computer Charges $ -0- Real Estate Rentals $ 171,402 Telecommunications $ 48,520 Per Diem, Fees and Contracts $ 120,500 Utilities $ 95,850 Postage $ 6,000 Capital Outlay $ -0- Case Services $ -0- Total Funds Budgeted $ 4,652,019 Indirect DOAS Services Funding $ -0- Agency Funds $ 3,701,662 State Funds Budgeted $ 950,357 Total Positions Budgeted 156 Authorized Motor Vehicles 19 Rehabilitation Services - Facilities Functional Budgets Total Funds State Funds Pos. Youth Development Center - V. R. Unit $ 360,096 $ 77,136 13 Atlanta Rehabilitation Center $ 1,962,614 $ 395,620 60 Alto Rehabilitation Center $ 271,878 $ 62,219 10 Cave Spring Rehabilitation Center $ 414,454 $ 89,184 16 Central Rehabilitation Center $ 656,527 $ 118,281 18 Georgia Vocational Adjustment Center - Gracewood $ 338,218 $ 77,366 16 J. F. Kennedy Center $ 459,892 $ 90,511 17 M. S. McDonald Evaluation Center $ 188,340 $ 40,040 6 Undistributed $ -0- $ -0- 0 Total $ 4,652,019 $ 950,357 156 14. Roosevelt Warm Springs Rehabilitation Institute: Personal Services $ 7,784,740 Regular Operating Expenses $ 1,740,220 Travel $ 43,000 Motor Vehicle Equipment Purchases $ 45,991 Publications and Printing $ 15,000 Equipment Purchases $ 131,943 Computer Charges $ 45,000 Real Estate Rentals $ -0- Telecommunications $ 152,000 Per Diem, Fees and Contracts $ 1,136,570 Utilities $ 445,600 Postage $ 13,000 Case Services $ 75,000 Capital Outlay $ -0- Operations $ -0- Total Funds Budgeted $ 11,628,064 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 8,630,075 State Funds Budgeted $ 2,947,989 Total Positions Budgeted 397 Authorized Motor Vehicles 24 Roosevelt Warm Springs Rehabilitation Institute - Functional Budgets Total Funds State Funds Pos. Administration $ 4,196,177 $ 1,622,613 117 Rehabilitation Services $ 6,243,070 $ 609,559 239 Instruction $ 463,163 $ 40,163 16 Independent Living $ 608,407 $ 558,407 22 Research/Training $ 117,247 $ 117,247 3 Undistributed $ -0- $ -0- 0 Total $ 11,628,064 $ 2,947,989 397 15. Georgia Factory for the Blind Budget: Personal Services $ 3,413,202 Regular Operating Expenses $ 5,129,678 Travel $ 16,500 Motor Vehicle Equipment Purchases $ 72,000 Publications and Printing $ 6,300 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 24,500 Per Diem, Fees and Contracts $ 44,500 Utilities $ 100,000 Postage $ 5,000 Capital Outlay $ -0- Total Funds Budgeted $ 8,811,680 Agency Funds $ 8,388,245 State Funds Budgeted $ 423,435 Total Positions Budgeted 27 Authorized Motor Vehicles 14 Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 8,388,245 $ -0- 9 Supervision $ 423,435 $ 423,435 18 Undistributed $ -0- $ -0- 0 Total $ 8,811,680 $ 423,435 27 16. Rehabilitation Services Budget: Personal Services $ 15,635,996 Regular Operating Expenses $ 360,443 Travel $ 438,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,750 Equipment Purchases $ 15,400 Computer Charges $ 18,100 Real Estate Rentals $ 638,766 Telecommunications $ 401,000 Per Diem, Fees and Contracts $ 343,400 Utilities $ 60,000 Postage $ 80,680 Contract with Vocational Rehabilitation Community Facilities $ 3,830,000 Contract for Epilepsy $ 65,000 Case Services $ 9,075,000 Contract with the Affirmative Industries $ 108,000 Cerebral Palsy Contract $ 140,000 Total Funds Budgeted $ 31,224,535 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 19,029,796 State Funds Budgeted $ 12,144,739 Total Positions Budgeted 603 Authorized Motor Vehicles 5 Rehabilitation Services Functional Budgets Total Funds State Funds Pos. Field Services $ 26,220,890 $ 7,625,838 583 Comprehensive Services $ 237,645 $ 237,645 5 Business Enterprise Vending Stand Program $ 623,000 $ 138,256 15 Special Programs $ 4,143,000 $ 4,143,000 0 Undistributed $ -0- $ -0- 0 Total $ 31,224,535 $ 12,144,739 603 17. Rehabilitation Services - Disability Adjudication Budget: Personal Services $ 8,671,328 Regular Operating Expenses $ 311,655 Travel $ 29,608 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 49,817 Equipment Purchases $ 7,606 Computer Charges $ 289,724 Real Estate Rentals $ 539,369 Telecommunications $ 413,865 Per Diem, Fees and Contracts $ 570,680 Utilities $ -0- Postage $ 203,000 Case Services $ 9,028,500 Total Funds Budgeted $ 20,115,152 Agency Funds $ 20,115,152 State Funds Budgeted $ -0- Total Positions Budgeted 408 18. Public Assistance Budget: Personal Services $ -0- Regular Operating Expenses $ 2,093,700 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 $ 36,200 AFDC Benefits $ 200,474,779 Total Funds Budgeted $ 202,604,679 Agency Funds $ 136,697,479 State Funds Budgeted $ 65,907,200 Total Positions Budgeted 0 Public Assistance Functional Budgets Total Funds State Funds Pos. Refugee Benefits $ 2,903,700 $ -0- 0 AFDC Payments $ 200,474,779 $ 65,871,000 0 SSI - Supplement Benefits $ 36,200 $ 36,200 0 Undistributed $ -0- $ -0- 0 Total $ 202,604,679 $ 65,907,200 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 $ 60,731,686 Grants to Counties for Social Services $ 47,197,617 Total Funds Budgeted $ 107,929,303 Agency Funds $ 39,986,892 Social Services Block Grant Funds $ 15,111,387 State Funds Budgeted $ 52,831,024 Total Positions Budgeted 0 Local Services - Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services - Benefits Payments Grants $ 60,731,686 $ 30,295,843 0 Grants to Counties for Social Services $ 47,197,617 $ 22,535,181 0 Undistributed $ -0- $ -0- 0 Total $ 107,929,303 $ 52,831,024 0 20. Family and Children Services - Program Direction and Support Budget: Personal Services $ 8,685,378 Regular Operating Expenses $ 328,560 Travel $ 327,904 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 929,300 Equipment Purchases $ 8,615 Computer Charges $ 7,150,128 Real Estate Rentals $ 190,518 Telecommunications $ 1,169,836 Per Diem, Fees and Contracts $ 3,185,050 Utilities $ 5,500 Postage $ 620,500 Total Funds Budgeted $ 22,601,289 Agency Funds $ 11,899,031 Indirect DOAS Services Funding $ 575,732 Social Services Block Grant Funds $ 1,572,117 State Funds Budgeted $ 8,554,409 Total Positions Budgeted 313 Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 488,157 $ 488,157 7 Research and Demonstration $ 22,400 $ 22,400 1 Program Planning and Development $ 1,141,010 $ 1,141,010 16 Program Management and Training $ 1,669,134 $ 1,552,578 57 Administration and Management $ 14,292,006 $ 5,669,522 81 Management Information Systems $ 1,228,909 $ 1,228,909 45 District Program Operations $ 2,891,254 $ 2,891,254 89 District Administration $ 868,419 $ 868,419 17 Indirect Cost $ -0- $ (5,307,840) 0 Undistributed $ -0- $ -0- 0 Total $ 22,601,289 $ 8,554,409 313 Budget Unit Object Classes : Personal Services $ 104,199,838 Regular Operating Expenses $ 52,111,980 Travel $ 2,777,947 Motor Vehicle Equipment Purchases $ 167,350 Publications and Printing $ 1,663,273 Equipment Purchases $ 347,643 Computer Charges $ 11,362,698 Real Estate Rentals $ 5,375,311 Telecommunications $ 3,829,611 Per Diem, Fees and Contracts $ 81,998,403 Utilities $ 879,850 Postage $ 1,590,205 Capital Outlay $ -0- Grants for Regional Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 4,267,200 Crippled Children Clinics $ 554,572 Kidney Disease Benefits $ 594,000 Cancer Control Benefits $ 2,015,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,805,000 Family Planning Benefits $ 301,530 Benefits for Midwifery Program $ 175,000 Grant-In-Aid to Counties $ 33,771,910 Work Incentive Benefits $ 479,964 Grants to Fulton County for 24-hour Emergency Social Services $ 182,400 Benefits for Child Care $ 15,526,203 Homemaker Meals $ 117,837 Chatham County Homemaker Project $ 539,795 Douglas County Homemaker Project $ 140,362 Fulton County Homemaker Project $ 361,832 Grants for Nephrology Centers $ 220,500 Case Services $ 18,178,500 E.S.R.P. Case Services $ 75,000 SSI-Supplement Benefits $ 36,200 AFDC Benefits $ 200,474,779 Local Services Benefits Payments Grants $ 60,731,686 Grants to Counties for Social Services $ 47,197,617 Contract with Vocational Rehabilitation Community Facilities $ 3,830,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Contract with the Affirmative Industries $ 108,000 Institutional Repairs and Maintenance $ -0- Contract with Emory University for Arthritis Research $ 205,000 Grant for Epilepsy Program $ 65,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 40,000 Contract for Scoliosis Screening $ 115,000 Menninger Group Homes 366,000 Contract - Georgia Advocacy Office, Inc. $ 215,000 Grant for Teenage Pregnancy Prevention Program $ 250,000 Contract - Cancer Research at Emory $ 113,000 Contract - Macon-Bibb County Hospital Authority $ 4,500,000 Cerebral Palsy Contract $ 140,000 Grants to Counties for Metabolic Disorders Screening and Testing $ 45,000 Contract with Auditory Educational Clinic $ 60,000 Total Positions Budgeted 4,205 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 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 $65,871,000 in State funds for the purpose of making AFDC benefit payments. Provided that for Fiscal 1984, the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 202 $ 111 2 306 169 3 366 202 4 432 238 5 494 272 6 536 295 7 580 320 8 616 340 9 648 357 10 694 383 11 742 409 Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 55.12% of the above standard of needs. Provided, that of the above appropriation, $140,000 is designated and committed to operate the Rome Cerebral Palsy Center. 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 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. Provided that of the above appropriation relating to the Public Health - Family Health Activity, $50,000 is designated and committed 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 for 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. Provided, that of the above appropriation, the Department of Human Resources is authorized to allocate one additional nursing position to Lumpkin County. B. Budget Unit: State Health Planning and Development $ 466,219 State Health Planning and Development Budget: Personal Services $ 593,499 Regular Operating Expenses $ 47,202 Travel $ 4,599 Publications and Printing $ 2,100 Equipment Purchases $ -0- Computer Charges $ 15,000 Real Estate Rentals $ 80,200 Telecommunications $ 24,800 Per Diem, Fees and Contracts $ 69,939 Postage $ 6,600 Total Funds Budgeted $ 843,939 Indirect DOAS Services Funding $ -0- Agency Funds $ 377,720 State Funds Budgeted $ 466,219 Total Positions Budgeted 21 Authorized Motor Vehicles 0 Budget Unit Object Classes : Personal Services $ 593,499 Regular Operating Expenses $ 47,202 Travel $ 4,599 Publications and Printing $ 2,100 Equipment Purchases $ -0- Computer Charges $ 15,000 Real Estate Rentals $ 80,200 Telecommunications $ 24,800 Per Diem, Fees and Contracts $ 69,939 Postage $ 6,600 Total Positions Budgeted 21 Authorized Motor Vehicles 0 C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 297,542,799 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 9,419,517 Regular Operating Expenses $ 1,111,510 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 25,159 Publications and Printing $ 4,200 Equipment Purchases $ 38,072 Computer Charges $ 197,209 Real Estate Rentals $ -0- Telecommunications $ 108,070 Per Diem, Fees and Contracts $ 253,065 Utilities $ 365,682 Postage $ 9,150 Authority Lease Rentals $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 11,540,634 Agency Funds $ 1,494,365 Indirect DOAS Services Funding $ 65,900 State Funds Budgeted $ 9,980,369 Total Positions Budgeted 497 Authorized Motor Vehicles 25 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 12,001,807 Regular Operating Expenses $ 1,422,687 Travel $ 16,700 Motor Vehicle Equipment Purchases $ 7,800 Publications and Printing $ 7,000 Equipment Purchases $ 31,700 Computer Charges $ 143,544 Real Estate Rentals $ -0- Telecommunications $ 141,026 Per Diem, Fees and Contracts $ 310,130 Utilities $ 587,994 Postage $ 13,000 Capital Outlay $ -0- Authority Lease Rentals $ -0- Total Funds Budgeted $ 14,683,388 Agency Funds $ 2,382,236 Indirect DOAS Services Funding $ 102,100 State Funds Budgeted $ 12,199,052 Total Positions Budgeted 622 Authorized Motor Vehicles 25 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 9,809,564 Regular Operating Expenses $ 899,030 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 20,055 Publications and Printing $ 2,300 Equipment Purchases $ 42,347 Computer Charges $ 138,617 Real Estate Rentals $ -0- Telecommunications $ 117,433 Per Diem, Fees and Contracts $ 143,720 Utilities $ 444,860 Postage $ 7,500 Authority Lease Rentals $ 500,000 Capital Outlay $ -0- Total Funds Budgeted $ 12,137,426 Agency Funds $ 1,264,761 Indirect DOAS Services Funding $ 93,300 State Funds Budgeted $ 10,779,365 Total Positions Budgeted 510 Authorized Motor Vehicles 22 4. West Central Georgia Regional Hospital Budget: Personal Services $ 8,067,438 Regular Operating Expenses $ 877,739 Travel $ 12,400 Motor Vehicle Equipment Purchases $ 47,740 Publications and Printing $ 5,120 Equipment Purchases $ 38,776 Computer Charges $ 112,192 Real Estate Rentals $ -0- Telecommunications $ 113,420 Per Diem, Fees and Contracts $ 38,250 Utilities $ 480,231 Postage $ 12,500 Authority Lease Rentals $ 666,500 Capital Outlay $ -0- Total Funds Budgeted $ 10,472,306 Agency Funds $ 1,362,807 Indirect DOAS Services Funding $ 82,300 State Funds Budgeted $ 9,027,199 Total Positions Budgeted 424 Authorized Motor Vehicles 27 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 12,237,506 Regular Operating Expenses $ 1,189,633 Travel $ 10,400 Motor Vehicle Equipment Purchases $ 16,920 Publications and Printing $ 800 Equipment Purchases $ 66,755 Computer Charges $ 149,677 Real Estate Rentals $ -0- Telecommunications $ 106,469 Per Diem, Fees and Contracts $ 41,600 Utilities $ 1,266,388 Postage $ 9,125 Capital Outlay $ -0- Authority Lease Rentals $ 921,000 Total Funds Budgeted $ 16,016,273 Agency Funds $ 3,559,981 Indirect DOAS Services Funding $ 93,300 State Funds Budgeted $ 12,362,992 Total Positions Budgeted 680 Authorized Motor Vehicles 45 6. Gracewood State School and Hospital Budget: Personal Services $ 27,897,858 Regular Operating Expenses $ 2,726,659 Travel $ 11,525 Motor Vehicle Equipment Purchases $ 39,630 Publications and Printing $ 4,620 Equipment Purchases $ 229,724 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 299,316 Per Diem, Fees and Contracts $ 149,000 Utilities $ 1,859,698 Postage $ 10,000 Capital Outlay $ 343,000 Total Funds Budgeted $ 33,571,030 Agency Funds $ 12,081,302 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 21,389,728 Total Positions Budgeted - July 1, 1983 1,588 Total Positions Budgeted - June 30, 1984 1,546 Authorized Motor Vehicles 112 7. Southwestern State Hospital Budget: Personal Services $ 19,597,304 Regular Operating Expenses $ 1,880,752 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 30,855 Publications and Printing $ 4,000 Equipment Purchases $ 283,819 Computer Charges $ 158,123 Real Estate Rentals $ -0- Telecommunications $ 161,570 Per Diem, Fees and Contracts $ 217,920 Utilities $ 918,040 Postage $ 16,000 Capital Outlay $ -0- Total Funds Budgeted $ 23,288,383 Agency Funds $ 6,892,928 Indirect DOAS Services Funding $ 98,800 State Funds Budgeted $ 16,296,655 Total Positions Budgeted - July 1, 1983 1,104 Total Positions Budgeted - June 30, 1984 1,074 Authorized Motor Vehicles 53 8. Georgia Retardation Center Budget: Personal Services $ 16,370,205 Regular Operating Expenses $ 2,443,810 Travel $ 11,700 Motor Vehicle Equipment Purchases $ 68,936 Publications and Printing $ 5,100 Equipment Purchases $ 77,068 Computer Charges $ 166,943 Real Estate Rentals $ -0- Telecommunications $ 220,744 Per Diem, Fees and Contracts $ 135,770 Utilities $ 1,360,380 Postage $ 12,750 Authority Lease Rentals $ 794,000 Capital Outlay $ -0- Total Funds Budgeted $ 21,667,406 Agency Funds $ 8,280,805 Indirect DOAS Services Funding $ 109,800 State Funds Budgeted $ 13,276,801 Total Positions Budgeted - July 1, 1983 890 Total Positions Budgeted - June 30, 1984 871 Authorized Motor Vehicles 39 9. Georgia Mental Health Institute Budget: Personal Services $ 10,256,330 Regular Operating Expenses $ 1,115,829 Travel $ 12,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,950 Equipment Purchases $ 53,477 Computer Charges $ 176,751 Real Estate Rentals $ -0- Telecommunications $ 184,040 Per Diem, Fees and Contracts $ 619,715 Utilities $ 1,476,180 Postage $ 12,000 Authority Lease Rentals $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 13,910,672 Agency Funds $ 1,494,184 Indirect DOAS Services Funding $ 202,100 State Funds Budgeted $ 12,214,388 Total Positions Budgeted 503 Authorized Motor Vehicles 20 10. Central State Hospital Budget: Personal Services $ 72,452,151 Regular Operating Expenses $ 9,520,161 Travel $ 25,800 Motor Vehicle Equipment Purchases $ 159,895 Publications and Printing $ 17,500 Equipment Purchases $ 255,098 Computer Charges $ 664,798 Real Estate Rentals $ -0- Telecommunications $ 494,233 Per Diem, Fees and Contracts $ 226,800 Utilities $ 5,527,147 Postage $ 42,500 Authority Lease Rentals $ 794,125 Capital Outlay $ 275,000 Total Funds Budgeted $ 90,455,208 Agency Funds $ 23,364,403 Indirect DOAS Services Funding $ 677,400 State Funds Budgeted $ 66,413,405 Total Positions Budgeted - July 1, 1983 3,953 Total Positions Budgeted - June 30, 1984 3,922 Authorized Motor Vehicles 215 Central State Hospital Functional Budgets Total Funds State Funds Pos. Mental Health/Mental Retardation Services $ 78,211,228 $ 66,413,405 3686/3655 Veterans Services $ 7,948,115 $ -0- 267 Department of Offender Rehabilitation Services $ 4,295,865 -0- 0 Total $ 90,455,208 $ 66,413,405 3953/3922 11. State Youth Development Centers Budget: Personal Services $ 13,138,576 Regular Operating Expenses $ 1,442,330 Travel $ 7,500 Motor Vehicle Equipment Purchases $ 78,023 Publications and Printing $ 3,200 Equipment Purchases $ 406,635 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 117,165 Per Diem, Fees and Contracts $ 133,800 Utilities $ 985,300 Postage $ 19,500 Capital Outlay $ 56,400 Total Funds Budgeted $ 16,388,429 Agency Funds $ 334,500 State Funds Budgeted $ 16,053,929 Total Positions Budgeted 723 Authorized Motor Vehicles 103 12. Regional Youth Development Centers Budget: Personal Services $ 7,113,566 Regular Operating Expenses $ 891,025 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 26,295 Publications and Printing $ 3,000 Equipment Purchases $ 40,047 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 65,000 Per Diem, Fees and Contracts $ 78,900 Utilities $ 575,000 Postage $ 10,500 Capital Outlay $ 45,000 Grants to County-Owned Detention Centers $ 2,318,125 Total Funds Budgeted $ 11,177,458 Agency Funds $ 249,305 State Funds Budgeted $ 10,928,153 Total Positions Budgeted 414 Authorized Motor Vehicles 41 13. Community Mental Health/Mental Retardation Services Budget: Personal Services $ 9,085,665 Regular Operating Expenses $ 533,612 Travel $ 40,300 Motor Vehicle Equipment Purchases $ 11,500 Publications and Printing $ 3,200 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ 73,075 Telecommunications $ 34,500 Per Diem, Fees and Contracts $ 388,332 Utilities $ 22,600 Postage $ 2,800 Capital Outlay $ -0- Drug Abuse Contracts $ 929,794 Day Care Centers for the Mentally Retarded $ 50,785,749 MR Day Care Center Motor Vehicle Purchases $ 579,000 Supportive Living Staff $ 1,324,024 Supportive Living Benefits $ 5,068,585 Georgia State Foster Grandparent/Senior Companion Program $ 514,212 Community Mental Health Center Services $ 61,773,696 Project Rescue $ 287,700 Project ARC $ 177,299 Project Friendship $ 240,500 Group Homes for Autistic Children $ 265,637 Uniform Alcoholism Projects $ 2,548,539 Community Mental Retardation Staff $ 2,914,398 Community Mental Retardation Residential Services $ 10,458,863 Total Funds Budgeted $ 148,064,580 Social Services Block Grant Funds $ 22,807,664 Agency Funds $ 49,655,082 State Funds Budgeted $ 75,601,834 Total Positions Budgeted 376 Authorized Motor Vehicles 803 Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 5,865,439 $ 5,808,539 218 Outdoor Therapeutic Program $ 1,028,363 $ 1,028,363 40 Mental Retardation Community Assistance $ 1,619,126 $ 1,619,126 64 Central Pharmacy $ 127,093 $ 127,093 3 Metro Drug Abuse Centers $ 1,212,689 $ 569,599 45 Day Care Centers for the Mentally Retarded $ 51,364,749 $ 23,832,641 0 Supportive Living $ 6,392,609 $ 3,211,609 0 Georgia State Foster Grandparent/Senior Companion Program $ 514,212 $ 514,212 0 Community Mental Retardation Staff $ 3,045,930 $ 2,115,143 0 Community Mental Retardation Residential Services $ 10,458,863 $ 7,112,415 0 Group Homes for Autistic Children $ 265,637 $ 265,637 0 Project Rescue $ 287,700 $ 124,700 0 Drug Abuse Contracts $ 929,794 $ 203,444 0 Project ARC $ 177,299 $ 177,299 0 Project Friendship $ 240,500 $ 240,500 0 Community Mental Health Center Services $ 61,773,696 $ 26,400,175 0 Uniform Alcoholism Projects $ 2,548,539 $ 2,251,339 0 Central Laboratory $ 212,342 $ -0- 6 Undistributed $ -0- $ -0- 0 Total $ 148,064,580 $ 75,601,834 376 14. Community Youth Services Budget: Personal Services $ 8,808,229 Regular Operating Expenses $ 1,192,187 Travel $ 376,800 Motor Vehicle Equipment Purchases $ 34,360 Publications and Printing $ 3,300 Equipment Purchases $ 20,198 Computer Charges $ -0- Real Estate Rentals $ 270,300 Telecommunications $ 237,005 Per Diem, Fees and Contracts $ -0- Utilities $ 38,350 Postage $ 22,200 Child Care Benefits $ 16,000 Total Funds Budgeted $ 11,018,929 State Funds Budgeted $ 11,018,929 Total Positions Budgeted 412 Authorized Motor Vehicles 19 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 483,398 $ 483,398 19 Community Detention $ 1,111,029 $ 1,111,029 17 Day Centers $ 597,452 $ 597,452 24 Community Treatment Centers $ 1,833,321 $ 1,833,321 77 Court Services $ 6,215,423 $ 6,215,423 257 Runaway Investigations $ 390,673 $ 390,673 15 Interstate Compact $ 77,633 $ 77,633 3 Purchased Services $ 310,000 $ 310,000 0 Undistributed $ -0- $ -0- 0 Total $ 11,018,929 $ 11,018,929 412 15. Regular Operating Expense Reserve Budget: Regular Operating Expense $ -0- Total Funds $ -0- State Funds $ -0- Budget Unit Object Classes : Personal Services $ 236,255,716 Regular Operating Expenses $ 27,246,964 Travel $ 577,525 Motor Vehicle Equipment Purchases $ 567,168 Publications and Printing $ 67,290 Equipment Purchases $ 1,584,716 Computer Charges $ 1,907,854 Real Estate Rentals $ 343,375 Telecommunications $ 2,399,991 Per Diem, Fees and Contracts $ 2,737,002 Utilities $ 15,907,850 Postage $ 199,525 Capital Outlay $ 719,400 Authority Lease Rentals $ 3,675,625 Grants to County-Owned Detention Centers $ 2,318,125 Drug Abuse Contracts $ 929,794 Day Care Centers for the Mentally Retarded $ 50,785,749 MR Day Care Center Motor Vehicle Purchases $ 579,000 Supportive Living Staff $ 1,324,024 Supportive Living Benefits $ 5,068,585 Georgia State Foster Grandparent/Senior Companion Program $ 514,212 Community Mental Health Center Services $ 61,773,696 Project Rescue $ 287,700 Project ARC $ 177,299 Project Friendship $ 240,500 Group Homes for Autistic Children $ 265,637 Uniform Alcoholism Projects $ 2,548,539 Child Care Benefits $ 16,000 Community Mental Retardation Staff $ 2,914,398 Community Mental Retardation Residential Services $ 10,458,863 Total Positions Budgeted - July 1, 1983 12,696 Total Positions Budgeted - June 30, 1984 12,574 Authorized Motor Vehicles 1,549 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 government 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. 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. Provided, that of the above appropriation relating to Georgia Mental Health Institute, $20,000 is designated and committed for the purpose of a short-term training program in alcoholism and drug abuse. Provided, however, the Department is authorized and directed to utilize $2,500,000 of available surplus and reserves of the Georgia Building Authority (Hospital) for major renovations and construction at the Northwest Georgia Regional Hospital, and the Georgia Building Authority (Hospital) is authorized to make $2,500,000 of surplus and reserves available for the aforementioned purposes. Provided, however, the Department is authorized and directed to utilize $250,000 of available surplus and reserves of the Georgia Building Authority (Hospital) for planning and preliminary work on the Boone Building renovations at Central State Hospital, and the Georgia Building Authority (Hospital) is authorized to make $250,000 of surplus and reserves available for the aforementioned purposes. Provided that of the above appropriation relating to Community Youth Services, $33,750 is designated and committed for the purpose of continuing the work experience component of the Ft. Yargo Group Home Program. Section 27. Department of Industry and Trade . A. Budget Unit: Department of Industry and Trade $ 9,345,589 1. Industry Budget: Personal Services $ 545,206 Regular Operating Expenses $ 11,000 Travel $ 35,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,400 Equipment Purchases $ 150 Computer Charges $ 10,622 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 250 Total Funds Budgeted $ 607,628 State Funds Budgeted $ 607,628 Total Positions Budgeted 17 2. Research Budget: Personal Services $ 353,982 Regular Operating Expenses $ 4,800 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 47,556 Equipment Purchases $ -0- Computer Charges $ 4,170 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 20,900 Total Funds Budgeted $ 433,408 State Funds Budgeted $ 433,408 Total Positions Budgeted 14 3. Tourism - Promotional Budget: Personal Services $ 665,361 Regular Operating Expenses $ 73,900 Travel $ 65,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 189,500 Equipment Purchases $ 2,450 Computer Charges $ 18,154 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 90,870 Historic Chattahoochee Commission Contract $ 40,000 Total Funds Budgeted $ 1,145,235 State Funds Budgeted $ 1,145,235 Total Positions Budgeted 26 4. Tourist - Welcome Centers Budget: Personal Services $ 1,493,354 Regular Operating Expenses $ 357,988 Travel $ 31,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 11,775 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,190 Per Diem, Fees and Contracts $ 4,000 Local Welcome Centers $ 110,000 Total Funds Budgeted $ 2,024,307 State Funds Budgeted $ 1,934,307 Total Positions Budgeted 94 5. Internal Administration Budget: Personal Services $ 648,038 Regular Operating Expenses $ 214,670 Travel $ 13,000 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 35,000 Equipment Purchases $ 500 Computer Charges $ 3,000 Real Estate Rentals $ 246,469 Telecommunications $ 119,070 Per Diem, Fees and Contracts $ 17,000 Postage $ 147,000 Georgia Ports Authority - Authority Lease Rentals $ 2,735,000 Georgia Ports Authority - General Obligation Bond Payments $ 3,137,946 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 $ 500,000 International Council of Georgia, Inc. $ -0- Total Funds Budgeted $ 7,888,693 State Funds Budgeted $ 3,661,563 Total Positions Budgeted 24 6. International Budget: Personal Services $ 515,798 Regular Operating Expenses $ 42,500 Travel $ 72,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 1,400 Computer Charges $ 20,500 Real Estate Rentals $ 49,000 Telecommunications $ 20,500 Per Diem, Fees and Contracts $ 88,250 Total Funds Budgeted $ 820,448 State Funds Budgeted $ 820,448 Total Positions Budgeted 15 7. Advertising Budget: Advertising $ 743,000 Total Funds Budgeted $ 743,000 State Funds Budgeted $ 743,000 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 4,221,739 Regular Operating Expenses $ 704,858 Travel $ 218,500 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 289,456 Equipment Purchases $ 16,275 Computer Charges $ 56,446 Real Estate Rentals $ 295,469 Telecommunications $ 153,760 Per Diem, Fees and Contracts $ 221,270 Postage $ 147,000 Local Welcome Center Contracts $ 110,000 Advertising $ 743,000 Georgia Ports Authority - Authority Lease Rentals $ 2,735,000 Georgia Ports Authority - General Obligation Bond Payments $ 3,137,946 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 $ 500,000 International Council of Georgia, Inc. $ -0- Total Positions Budgeted 190 Authorized Motor Vehicles 21 B. Budget Unit: Authorities $ -0- 1. Georgia World Congress Budget: Personal Services $ 3,569,440 Regular Operating Expenses $ 1,382,178 Travel $ 36,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,000 Equipment Purchases $ 40,000 Computer Charges $ 600 Real Estate Rentals $ -0- Telecommunications $ 68,160 Per Diem, Fees and Contracts $ 156,852 Atlanta Convention and Visitors Bureau $ 819,588 Total Funds Budgeted $ 6,096,818 State Funds Budgeted $ -0- Total Positions Budgeted 147 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 $ 3,119,000 Real Estate Rentals $ 99,403 Telecommunications $ 302,960 Repayments for Previous Capital Improvement Funding $ 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 $ 4,742,770 Capital Reinvestment $ -0- Total Funds Budgeted $ 45,556,870 State Funds Budgeted $ -0- Total Positions Budgeted 780 Budget Unit Object Classes : Personal Services $ 27,522,496 Regular Operating Expenses $ 9,252,406 Travel $ 471,207 Motor Vehicle Equipment Purchases $ 472,080 Publications and Printing $ 132,108 Equipment Purchases $ 3,159,000 Computer Charges $ 457,742 Real Estate Rentals $ 99,403 Telecommunications $ 371,120 Per Diem, Fees and Contracts $ 1,368,434 Repayments for Previous Capital Improvement Funding $ 2,089,184 Other Debt-Service Payments $ 696,150 Capital Outlay - Internal Operations $ 4,742,770 Atlanta Convention and Visitors Bureau $ 819,588 Total Positions Budgeted 927 Authorized Motor Vehicles 36 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 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 $ 805,680 Inspection Division Budget: Personal Services $ 683,019 Regular Operating Expenses $ 13,259 Travel $ 87,751 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 8,351 Telecommunications $ 8,100 Per Diem, Fees and Contracts $ 200 Total Funds Budgeted $ 805,680 State Funds Budgeted $ 805,680 Total Positions Budgeted 28 Budget Unit Object Classes : Personal Services $ 683,019 Regular Operating Expenses $ 13,259 Travel $ 87,751 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 8,351 Telecommunications $ 8,100 Per Diem, Fees and Contracts $ 200 Total Positions Budgeted 28 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training $ 3,368,155 1. Basic Employment Security and W.I.N. Budget: Personal Services $ 40,365,040 Regular Operating Expenses $ 3,648,918 Travel $ 1,025,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,200 Equipment Purchases $ 990,000 Computer Charges $ 15,000 Real Estate Rentals $ 1,465,096 Telecommunications $ 1,010,000 Per Diem, Fees and Contracts $ 975,000 W.I.N. Grants $ 226,782 Capital Outlay $ -0- Total Funds Budgeted $ 49,731,036 State Funds Budgeted $ 1,360,202 Total Positions Budgeted 1,601 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services $ 10,611,379 Regular Operating Expenses $ 1,294,973 Travel $ 203,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 19,000 Computer Charges $ 5,000 Real Estate Rentals $ 362,000 Telecommunications $ 364,000 Per Diem, Fees and Contracts (CETA) $ 12,000 CETA Direct Benefits $ 37,469,000 Total Funds Budgeted $ 50,346,352 State Funds Budgeted $ -0- Total Positions Budgeted 422 3. Correctional Services Budget: Personal Services $ 1,830,307 Regular Operating Expenses $ 47,851 Travel $ 20,245 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 250 Equipment Purchases $ 300 Computer Charges $ 1,000 Real Estate Rentals $ 63,000 Telecommunications $ 35,000 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 2,007,953 State Funds Budgeted $ 2,007,953 Total Positions Budgeted 74 Budget Unit Object Classes : Personal Services $ 52,806,726 Regular Operating Expenses $ 4,991,742 Travel $ 1,248,245 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,450 Equipment Purchases $ 1,009,300 Computer Charges $ 21,000 Real Estate Rentals $ 1,890,096 Telecommunications $ 1,409,000 Per Diem, Fees and Contracts (CETA) $ 12,000 Per Diem, Fees and Contracts $ 985,000 W.I.N. Grants $ 226,782 CETA Direct Benefits $ 37,469,000 Capital Outlay $ -0- Total Positions Budgeted 2,097 Authorized Motor Vehicles 6

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Section 29. Department of Law . Budget Unit: Department of Law $ 4,702,091 Attorney General's Office Budget: Personal Services $ 4,085,595 Regular Operating Expenses $ 235,664 Travel $ 110,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,150 Equipment Purchases $ 2,590 Computer Charges $ 32,050 Books for State Library $ 55,000 Real Estate Rentals $ 311,807 Telecommunications $ 102,735 Per Diem, Fees and Contracts $ 36,500 Capital Outlay $ -0- Total Funds Budgeted $ 5,002,091 State Funds Budgeted $ 4,702,091 Total Positions Budgeted 116 Budget Unit Object Classes : Personal Services $ 4,085,595 Regular Operating Expenses $ 235,664 Travel $ 110,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,150 Equipment Purchases $ 2,590 Computer Charges $ 32,050 Real Estate Rentals $ 311,807 Telecommunications $ 102,735 Per Diem, Fees and Contracts $ 36,500 Books for State Library $ 55,000 Capital Outlay $ -0- Total Positions Budgeted 116 Authorized Motor Vehicles 1 Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees.

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Section 30. Department of Medical Assistance . Budget Unit: Medicaid Services $ 218,946,663 1. Commissioner's Office Budget: Personal Services $ 1,703,752 Regular Operating Expenses $ 43,745 Travel $ 51,360 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,200 Equipment Purchases $ -0- Real Estate Rentals $ 224,505 Telecommunications $ 58,425 Per Diem, Fees and Contracts $ 43,900 Total Funds Budgeted $ 2,129,887 State Funds Budgeted $ 1,011,236 Total Positions Budgeted 68 2. Administration Budget: Personal Services $ 1,098,793 Regular Operating Expenses $ 51,635 Travel $ 13,285 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,385 Equipment Purchases $ 8,000 Computer Charges $ 118,200 Real Estate Rentals $ 249,555 Telecommunications $ 24,670 Per Diem, Fees and Contracts $ 30,000 Postage $ 163,765 Audits Contracts $ 568,000 Total Funds Budgeted $ 2,339,288 State Funds Budgeted $ 924,662 Total Positions Budgeted 43 3. Program Management Budget: Personal Services $ 1,521,046 Regular Operating Expenses $ 51,830 Travel $ 21,250 Publications and Printing $ 33,775 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 256,292 Telecommunications $ 58,385 Per Diem, Fees and Contracts $ 9,287,320 Total Funds Budgeted $ 11,229,898 State Funds Budgeted $ 1,373,314 Total Positions Budgeted 61 4. Operations Budget: Personal Services $ 2,129,740 Regular Operating Expenses $ 165,080 Travel $ 2,200 Publications and Printing $ 144,000 Equipment Purchases $ -0- Computer Charges $ 7,356,400 Real Estate Rentals $ 256,290 Telecommunications $ 94,115 Per Diem, Fees and Contracts $ 76,000 Postage $ 712,355 Total Funds Budgeted $ 10,936,180 Indirect DOAS Services Funding $ 1,400,000 Agency Funds $ 8,084,343 State Funds Budgeted $ 1,451,837 Total Positions Budgeted 109 5. Benefits Payments Budget: Medicaid Benefits $ 662,619,712 Payments to Counties for Mental Health $ 10,845,445 Total Funds Budgeted $ 673,465,157 State Funds Budgeted $ 214,185,614 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 6,453,331 Regular Operating Expenses $ 312,290 Travel $ 88,095 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 195,360 Equipment Purchases $ 8,000 Computer Charges $ 7,474,600 Real Estate Rentals $ 986,642 Telecommunications $ 235,595 Per Diem, Fees and Contracts $ 9,437,220 Postage $ 876,120 Medicaid Benefits $ 662,619,712 Payments to Counties for Mental Health $ 10,845,445 Audits Contracts $ 568,000 Total Positions Budgeted 281 Authorized Motor Vehicles 3 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 $ 5,123,731 1. Applicant Services Budget: Personal Services $ 924,368 Regular Operating Expenses $ 17,525 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 54,300 Equipment Purchases $ 2,405 Computer Charges $ 346,893 Real Estate Rentals $ -0- Telecommunications $ 18,900 Per Diem, Fees and Contracts $ 5,600 Postage $ 90,300 Total Funds Budgeted $ 1,472,291 Agency Assessments $ 1,472,291 Total Positions Budgeted 39 2. Classification and Compensation Budget: Personal Services $ 508,278 Regular Operating Expenses $ 6,870 Travel $ 1,265 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,900 Equipment Purchases $ 320 Computer Charges $ 137,178 Real Estate Rentals $ -0- Telecommunications $ 5,862 Per Diem, Fees and Contracts $ 1,000 Postage $ 3,000 Total Funds Budgeted $ 669,673 Agency Assessments $ 669,673 Total Positions Budgeted 19 3. Program Evaluation and Audit Budget: Personal Services $ 320,528 Regular Operating Expenses $ 9,070 Travel $ 1,025 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 950 Equipment Purchases $ 1,000 Computer Charges $ 178,332 Real Estate Rentals $ -0- Telecommunications $ 5,199 Per Diem, Fees and Contracts $ -0- Postage $ 1,100 Total Funds Budgeted $ 517,204 Agency Assessments $ 517,204 Total Positions Budgeted 13 4. Employee Training and Development Budget: Personal Services $ 567,770 Regular Operating Expenses $ 28,800 Travel $ 20,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ 2,350 Computer Charges $ 13,718 Real Estate Rentals $ -0- Telecommunications $ 9,150 Per Diem, Fees and Contracts $ 177,000 Postage $ 4,400 Total Funds Budgeted $ 843,788 Agency Assessments $ 843,788 Total Positions Budgeted 23 5. Health Insurance Administration Budget: Personal Services $ 560,228 Regular Operating Expenses $ 10,700 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 43,000 Equipment Purchases $ 7,440 Computer Charges $ 321,029 Real Estate Rentals $ 57,985 Telecommunications $ 48,040 Per Diem, Fees and Contracts $ 4,166,270 Postage $ 27,460 Total Funds Budgeted $ 5,249,652 Other Health Insurance Agency Funds $ -0- Employer and Employee Contributions $ 5,249,652 Total Positions Budgeted 26 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 $ 8,207,788 Postage $ -0- Health Insurance Claims $ 166,471,000 Total Funds Budgeted $ 174,678,788 Other Health Insurance Agency Funds $ -0- Employer and Employee Contributions $ 174,678,788 Total Positions Budgeted 0 7. Internal Administration Budget: Personal Services $ 724,859 Regular Operating Expenses $ 19,440 Travel $ 3,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 14,090 Computer Charges $ 66,726 Real Estate Rentals $ -0- Telecommunications $ 14,440 Per Diem, Fees and Contracts $ -0- Postage $ 6,100 Federal Sub-grants to State and Local Agencies $ -0- Total Funds Budgeted $ 856,955 Agency Assessments $ 667,945 Employer and Employee Contributions $ 157,100 Deferred Compensation $ 31,910 Total Positions Budgeted 33 8. Commissioner's Office Budget: Personal Services $ 316,441 Regular Operating Expenses $ 16,882 Travel $ 9,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ 3,760 Computer Charges $ -0- Real Estate Rentals $ 515,160 Telecommunications $ 4,887 Per Diem, Fees and Contracts $ 68,000 Postage $ 3,500 Total Funds Budgeted $ 952,830 Agency Assessments $ 952,830 Total Positions Budgeted 8 Budget Unit Object Classes : Personal Services $ 3,922,472 Regular Operating Expenses $ 109,287 Travel $ 54,890 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 147,150 Equipment Purchases $ 31,365 Computer Charges $ 1,063,876 Real Estate Rentals $ 573,145 Telecommunications $ 106,478 Per Diem, Fees and Contracts $ 12,625,658 Postage $ 135,860 Federal Sub-grants to State and Local Agencies $ -0- Health Insurance Claim Payments $ 166,471,000 Total Positions Budgeted 161 Authorized Motor Vehicles 0 Provided, that it is the intent of this General Assembly that the employer contribution paid by the State for Teachers Health Insurance shall be for State allotted teachers, and the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort. Section 32. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 49,327,427 1. Internal Administration Budget: Personal Services $ 2,167,077 Regular Operating Expenses $ 187,936 Travel $ 18,000 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 192,290 Equipment Purchases $ 500 Computer Charges $ 162,164 Real Estate Rentals $ 167,212 Telecommunications $ 69,529 Per Diem, Fees and Contracts $ 84,200 Postage $ 89,586 Payments to Lake Lanier Islands Development Authority $ 510,000 Payments to Jekyll Island St. Park Authority $ -0- Capital Outlay - Heritage Trust $ 75,000 Total Funds Budgeted $ 3,731,494 Receipts from Jekyll Island State Park Authority $ 50,000 State Funds Budgeted $ 3,656,494 Total Positions Budgeted 81 2. Game and Fish Budget: Personal Services $ 12,664,974 Regular Operating Expenses $ 3,250,259 Travel $ 67,000 Motor Vehicle Equipment Purchases $ 830,750 Publications and Printing $ 74,000 Equipment Purchases $ 483,186 Computer Charges $ 44,219 Real Estate Rentals $ 45,438 Telecommunications $ 221,506 Per Diem, Fees and Contracts $ 77,500 Postage $ 62,466 Capital Outlay - Consolidated Maintenance $ 344,375 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 350,000 Total Funds Budgeted $ 18,515,673 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 15,004,184 Total Positions Budgeted 477 3. Parks, Recreation and Historic Sites Budget: Personal Services $ 8,917,690 Regular Operating Expenses $ 3,705,137 Travel $ 75,000 Motor Vehicle Equipment Purchases $ 224,000 Publications and Printing $ 95,000 Equipment Purchases $ 235,000 Computer Charges $ 15,000 Real Estate Rentals $ 132,601 Telecommunications $ 236,456 Per Diem, Fees and Contracts $ 68,400 Postage $ 57,600 Capital Outlay $ -0- Capital Outlay - Repairs and Maintenance $ 1,494,800 Capital Outlay - Shop Stock $ 300,000 Cost of Material for Resale $ 1,025,000 Authority Lease Rentals $ 2,033,000 Land and Water Conservation Grants $ 1,400,000 Recreation Grants $ 215,000 Contract - Special Olympics, Inc. $ 186,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - User Fee Enhancements $ 1,314,000 Technical Assistance Contract $ 100,000 Total Funds Budgeted $ 21,879,684 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 12,792,751 Total Positions Budgeted 373 4. Environmental Protection Budget: Personal Services $ 9,471,542 Regular Operating Expenses $ 679,361 Travel $ 235,400 Motor Vehicle Equipment Purchases $ 25,200 Publications and Printing $ 84,300 Equipment Purchases $ 46,046 Computer Charges $ 133,080 Real Estate Rentals $ 512,513 Telecommunications $ 175,592 Per Diem, Fees and Contracts $ 747,500 Postage $ 96,112 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 Contract - Georgia Rural Water Association $ 10,000 Total Funds Budgeted $ 20,092,083 State Funds Budgeted $ 16,893,783 Total Positions Budgeted 311 5. Coastal Resources Budget: Personal Services $ 714,670 Regular Operating Expenses $ 187,069 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 16,100 Publications and Printing $ 18,690 Equipment Purchases $ 21,947 Computer Charges $ 15,000 Real Estate Rentals $ -0- Telecommunications $ 18,600 Per Diem, Fees and Contracts $ 7,500 Postage $ 9,639 Capital Outlay $ -0- Capital Outlay - Repairs and Maintenance $ -0- Capital Outlay - Buoy Maintenance $ 20,000 Total Funds Budgeted $ 1,040,215 State Funds Budgeted $ 980,215 Total Positions Budgeted 25 Budget Unit Object Classes : Personal Services $ 33,935,953 Regular Operating Expenses $ 8,009,762 Travel $ 406,400 Motor Vehicle Equipment Purchases $ 1,104,050 Publications and Printing $ 464,280 Equipment Purchases $ 786,679 Computer Charges $ 369,463 Real Estate Rentals $ 857,764 Telecommunications $ 721,683 Per Diem, Fees and Contracts $ 985,100 Postage $ 315,403 Land and Water Conservation Grants $ 1,400,000 Recreation Grants $ 215,000 Water and Sewer Grants $ 6,000,000 Solid Waste Grants $ 1,500,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 250,437 Contract with U.S. Geological Survey for Topographic Maps $ 125,000 Capital Outlay - Hatchery Renovation $ -0- Capital Outlay $ -0- Capital Outlay - Repairs and Maintenance $ 1,494,800 Capital Outlay - Shop Stock $ 300,000 Capital Outlay - Heritage Trust $ 75,000 Authority Lease Rentals $ 2,033,000 Cost of Material for Resale $ 1,025,000 Payments to Lake Lanier Islands Development Authority $ 510,000 Payments to Jekyll Island State Park Authority $ -0- Contract - Special Olympics, Inc. $ 186,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 350,000 Capital Outlay - User Fee Enhancements $ 1,314,000 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance $ 344,375 Technical Assistance Contract $ 100,000 Contract - Georgia Rural Water Association $ 10,000 Total Positions Budgeted 1,267 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 $ 1,580,458 Regular Operating Expenses $ 653,875 Travel $ 5,500 Motor Vehicle Equipment Purchases $ 30,250 Publications and Printing $ 39,000 Equipment Purchases $ 76,900 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 42,100 Per Diem, Fees and Contracts $ 25,500 Capital Outlay $ -0- Campground Sinking Fund $ -0- Promotion Expenses $ -0- Total Funds Budgeted $ 2,453,583 State Funds Budgeted $ -0- Total Positions Budgeted 64 2. Jekyll Island State Park Authority Budget: Personal Services $ 2,583,489 Regular Operating Expenses $ 1,699,322 Travel $ 24,000 Motor Vehicle Equipment Purchases $ 58,500 Publications and Printing $ 16,500 Equipment Purchases $ 75,450 Computer Charges $ 19,000 Real Estate Rentals $ -0- Telecommunications $ 39,500 Per Diem, Fees and Contracts $ 98,480 Mortgage Payments $ -0- Capital Outlay $ -0- Promotion Expenses $ -0- Payments to the Department of Natural Resources $ 50,000 Total Funds Budgeted $ 4,664,241 State Funds Budgeted $ -0- Total Positions Budgeted 165 Budget Unit Object Classes : Personal Services $ 4,163,947 Regular Operating Expenses $ 2,353,197 Travel $ 29,500 Motor Vehicle Equipment Purchases $ 88,750 Publications and Printing $ 55,500 Equipment $ 152,350 Computer Charges $ 19,000 Real Estate Rentals $ -0- Telecommunications $ 81,600 Per Diem, Fees and Contracts $ 123,980 Capital Outlay $ -0- Promotion Expense $ -0- Campground Sinking Fund $ -0- Payments to the Department of Natural Resources $ 50,000 Mortgage Payments $ -0- Total Positions Budgeted 229 Authorized Motor Vehicles 100 Section 33. Department of Offender Rehabilitation . A. Budget Unit: Departmental Operations $ 22,624,010 1. General Administration and Support Budget: Personal Services $ 3,778,639 Regular Operating Expenses $ 287,471 Travel $ 57,030 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,000 Equipment Purchases $ 3,800 Computer Charges $ 619,598 Real Estate Rentals $ 904,193 Telecommunications $ 200,000 Per Diem, Fees and Contracts $ 458,260 Utilities $ -0- Total Funds Budgeted $ 6,358,991 Indirect DOAS Services Funding $ 450,000 State Funds Budgeted $ 5,908,991 Total Positions Budgeted 151 2. Adult Facilities and Programs Budget: Personal Services $ 3,677,384 Regular Operating Expenses $ 125,455 Travel $ 149,800 Motor Vehicle Equipment Purchases $ 66,400 Publications and Printing $ -0- Equipment Purchases $ 30,900 Computer Charges $ -0- Real Estate Rentals $ 3,000 Per Diem, Fees and Contracts $ 418,200 Telecommunications $ 41,600 County Subsidy $ 7,593,825 County Subsidy for Jails $ 912,500 Court Costs $ 264,000 Central Repair Fund $ 984,000 Grants for County Workcamp Construction $ 840,000 Grants for Local Jails $ 400,000 Total Funds Budgeted $ 15,507,064 State Funds Budgeted $ 15,507,064 Total Positions Budgeted 150 3. Training and Staff Development Center Budget: Personal Services $ 747,585 Regular Operating Expenses $ 191,370 Travel $ 137,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 15,000 Computer Charges $ -0- Real Estate Rentals $ 70,000 Telecommunications $ 17,000 Per Diem, Fees and Contracts $ -0- Utilities $ 29,000 Total Funds Budgeted $ 1,207,955 State Funds Budgeted $ 1,207,955 Total Positions Budgeted 33 Budget Unit Object Classes : Personal Services $ 8,203,608 Regular Operating Expenses $ 604,296 Travel $ 343,830 Motor Vehicle Equipment Purchases $ 66,400 Publications and Printing $ 51,000 Equipment Purchases $ 49,700 Computer Charges $ 619,598 Real Estate Rentals $ 977,193 Telecommunications $ 258,600 Per Diem, Fees and Contracts $ 876,460 Utilities $ 29,000 County Subsidy $ 7,593,825 County Subsidy for Jails $ 912,500 Court Costs $ 264,000 Central Repair Fund $ 984,000 Grants for County Workcamp Construction $ 840,000 Grants for Local Jails $ 400,000 Total Positions Budgeted 334 Authorized Motor Vehicles 70 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 grants for county workcamp construction, the State shall provide no more than fifty percent of the total construction cost. B. Budget Unit: Correctional Institutions, Transitional Centers, and Support $ 119,006,936 1. Georgia Training and Development Center Budget: Personal Services $ 1,386,798 Regular Operating Expenses $ 73,950 Travel 800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 12,200 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 23,000 Per Diem, Fees and Contracts $ -0- Utilities $ 127,000 Total Funds Budgeted 1,623,748 State Funds Budgeted $ 1,623,748 Total Positions Budgeted 66 2. Georgia Industrial Institute Budget: Personal Services $ 5,679,903 Regular Operating Expenses $ 273,100 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 25,000 Computer Charges $ -0- Real Estate Rentals $ 30 Telecommunications $ 48,600 Per Diem, Fees and Contracts $ 2,400 Utilities $ 550,500 Total Funds Budgeted $ 6,582,533 State Funds Budgeted $ 6,582,533 Total Positions Budgeted 299 3. Alto Education and Evaluation Center Budget: Personal Services $ 1,353,764 Regular Operating Expenses $ 54,175 Travel $ 3,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 17,340 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,490 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 1,433,169 State Funds Budgeted $ 1,190,596 Total Positions Budgeted 50 4. Georgia Diagnostic and Classification Center Budget: Personal Services $ 5,928,002 Regular Operating Expenses $ 283,560 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 29,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 47,600 Per Diem, Fees and Contracts $ 3,300 Utilities $ 634,000 Total Funds Budgeted $ 6,926,962 State Funds Budgeted $ 6,926,962 Total Positions Budgeted 321 5. Georgia State Prison Budget: Personal Services $ 13,189,943 Regular Operating Expenses $ 606,444 Travel $ 12,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 100,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 120,900 Per Diem, Fees and Contracts $ 7,800 Utilities $ 1,444,000 Total Funds Budgeted $ 15,481,337 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 15,456,337 Total Positions Budgeted 739 6. Consolidated Branches Budget: Personal Services $ 9,691,856 Regular Operating Expenses $ 455,235 Travel $ 10,415 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 64,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 120,000 Per Diem, Fees and Contracts $ 15,360 Utilities $ 1,090,000 Total Funds Budgeted $ 11,446,866 State Funds Budgeted $ 11,323,866 Total Positions Budgeted 515 7. Middle Georgia Correctional Institution Budget: Personal Services $ 12,352,921 Regular Operating Expenses $ 503,710 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 85,000 Computer Charges $ -0- Real Estate Rentals $ 5,440 Telecommunications $ 133,000 Per Diem, Fees and Contracts $ 4,800 Utilities $ 334,000 Payments to Central State Hospital for Utilities $ 726,500 Total Funds Budgeted $ 14,149,371 State Funds Budgeted $ 14,149,371 Total Positions Budgeted 680 8. Jack T. Rutledge Correctional Institution Budget: Personal Services $ 2,946,489 Regular Operating Expenses $ 115,450 Travel $ 1,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 3,200 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,100 Per Diem, Fees and Contracts $ -0- Utilities $ 272,500 Total Funds Budgeted $ 3,352,939 State Funds Budgeted $ 3,352,939 Total Positions Budgeted 156 9. Central Correctional Institution Budget: Personal Services $ 2,495,255 Regular Operating Expenses $ 94,600 Travel $ 1,575 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 4,500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 19,900 Per Diem, Fees and Contracts $ -0- Utilities $ 251,835 Total Funds Budgeted $ 2,867,665 State Funds Budgeted $ 2,867,665 Total Positions Budgeted 135 10. Metro Correctional Institution Budget: Personal Services $ 3,293,039 Regular Operating Expenses $ 122,900 Travel $ 2,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 3,075 Computer Charges $ -0- Real Estate Rentals $ 9,100 Telecommunications $ 41,000 Per Diem, Fees and Contracts $ 10,000 Utilities $ 324,100 Total Funds Budgeted $ 3,805,514 State Funds Budgeted $ 3,805,514 Total Positions Budgeted 184 11. Coastal Correctional Institution Budget: Personal Services $ 3,115,493 Regular Operating Expenses $ 125,160 Travel $ 2,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 4,000 Computer Charges $ -0- Real Estate Rentals $ 6,000 Telecommunications $ 52,000 Per Diem, Fees and Contracts $ -0- Utilities $ 307,000 Total Funds Budgeted $ 3,611,753 State Funds Budgeted $ 3,556,753 Total Positions Budgeted 173 12. Central Funds Budget: Personal Services $ 2,153,304 Regular Operating Expenses $ 3,967,683 Travel $ -0- Motor Vehicle Equipment Purchases $ 365,000 Publications and Printing $ 69,100 Equipment Purchases $ 296,375 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Authority Lease Rentals $ 440,000 Capital Outlay $ 350,000 Inmate Release Funds $ 595,000 Total Funds Budgeted $ 8,236,462 State Funds Budgeted $ 8,046,462 Total Positions Budgeted 0 13. D.O.T. Work Details Budget: Personal Services $ 471,479 Regular Operating Expenses $ 14,200 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 $ 485,679 State Funds Budgeted $ -0- Total Positions Budgeted 27 14. Food Processing and Distribution Budget: Personal Services $ 3,142,640 Regular Operating Expenses $ 4,862,600 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 165,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 10,000 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Capital Outlay $ -0- Payments to Central State Hospital for Meals $ 2,205,880 Payments to Central State Hospital for Utilities $ 53,000 Total Funds Budgeted $ 10,446,620 State Funds Budgeted $ 9,820,510 Total Positions Budgeted 192 15. Farm Operations Budget: Personal Services $ 688,780 Regular Operating Expenses $ 3,568,300 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 63,800 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 49,900 Utilities $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 4,370,780 State Funds Budgeted $ 4,330,780 Total Positions Budgeted 33 16. Dodge Correctional Institution Budget: Personal Services $ 2,155,160 Regular Operating Expenses $ 87,900 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 6,900 Telecommunications $ 27,000 Per Diem, Fees and Contracts $ 35,520 Utilities $ 215,000 Total Funds Budgeted $ 2,528,980 State Funds Budgeted $ 2,528,980 Total Positions Budgeted 136 17. Transitional Centers Budget: Personal Services $ 2,313,740 Regular Operating Expenses $ 171,000 Travel $ 4,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 13,460 Computer Charges $ -0- Real Estate Rentals $ 194,000 Telecommunications $ 36,900 Per Diem, Fees and Contracts $ 5,800 Utilities $ 275,000 Capital Outlay $ -0- Total Funds Budgeted $ 3,014,700 State Funds Budgeted $ 3,014,700 Total Positions Budgeted 119 18. Augusta Correctional and Medical Institution Budget: Personal Services $ 3,986,581 Regular Operating Expenses $ 205,100 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 9,300 Telecommunications $ 32,000 Per Diem, Fees and Contracts $ 4,800 Utilities $ 329,000 Total Funds Budgeted $ 4,569,781 State Funds Budgeted $ 4,569,781 Total Positions Budgeted 245 19. Health Care Budget: Personal Services $ 4,910,749 Regular Operating Expenses $ 952,510 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 49,700 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification $ 40,480 Payments to Jails for State Prisoner Medical Costs $ 200,000 Health Service Purchases $ 9,706,000 Total Funds Budgeted $ 15,859,439 State Funds Budgeted $ 15,859,439 Total Positions Budgeted 237 Budget Unit Object Classes : Personal Services $ 81,255,896 Regular Operating Expenses $ 16,537,577 Travel $ 59,340 Motor Vehicle Equipment Purchases $ 365,000 Publications and Printing $ 69,100 Equipment Purchases $ 935,650 Computer Charges $ -0- Real Estate Rentals $ 230,770 Telecommunications $ 730,490 Per Diem, Fees and Contracts $ 139,680 Utilities $ 6,153,935 Payments to Central State Hospital for Meals $ 2,205,880 Payments to Central State Hospital for Utilities $ 779,500 Payments to Jails for State Prisoner Medical Costs $ 200,000 Inmate Release Funds $ 595,000 Health Service Purchases $ 9,706,000 Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification $ 40,480 Authority Lease Rentals $ 440,000 Capital Outlay $ 350,000 Total Positions Budgeted 4,307 Authorized Motor Vehicles 375 It is the intent of this General Assembly that, with respect to the Legal Services Program for inmates, lawyers, law students and/or employees be prohibited from soliciting for filing of writs. It is the intent of this General Assembly that the department not start any new community center programs with Federal funds without the prior approval of the General Assembly of Georgia. Provided, however, the Department is authorized to cause funds previously appropriated for the design of a prison in Ware County, to be redirected to the design of a prison in Atkinson County. C. Budget Unit: Board of Pardons and Paroles $ 9,045,764 Board of Pardons and Paroles Budget: Personal Services $ 7,332,900 Regular Operating Expenses $ 252,248 Travel $ 371,650 Motor Vehicle Equipment Purchases $ 53,265 Publications and Printing $ 25,724 Equipment Purchases $ 249,542 Computer Charges $ 20,000 Real Estate Rentals $ 468,155 Telecommunications $ 197,730 Per Diem, Fees and Contracts $ 19,800 County Jail Subsidy $ 54,750 Total Funds Budgeted $ 9,045,764 State Funds Budgeted $ 9,045,764 Total Positions Budgeted 385 Budget Unit Object Classes : Personal Services $ 7,332,900 Regular Operating Expenses $ 252,248 Travel $ 371,650 Motor Vehicle Equipment Purchases $ 53,265 Publications and Printing $ 25,724 Equipment Purchases $ 249,542 Computer Charges $ 20,000 Real Estate Rentals $ 468,155 Telecommunications $ 197,730 Per Diem, Fees and Contracts $ 19,800 County Jail Subsidy $ 54,750 Total Positions Budgeted 385 Authorized Motor Vehicles 22 D. Budget Unit: Georgia Correctional Industries $ -0- Georgia Correctional Industries Budget: Personal Services $ 1,649,836 Regular Operating Expenses $ 570,700 Travel $ 48,000 Motor Vehicle Equipment Purchases $ 102,500 Publications and Printing $ 8,000 Equipment Purchases $ 60,000 Computer Charges $ 1,955 Real Estate Rentals $ 30,500 Telecommunications $ 58,000 Per Diem, Fees and Contracts $ 234,700 Cost of Sales $ 4,573,000 Repayment of Prior Year's Appropriations $ 84,000 Capital Outlay $ -0- Total Funds Budgeted $ 7,421,191 State Funds Budgeted $ -0- Total Positions Budgeted 66 Budget Unit Object Classes : Personal Services $ 1,649,836 Regular Operating Expenses $ 570,700 Travel $ 48,000 Motor Vehicle Equipment Purchases $ 102,500 Publications and Printing $ 8,000 Equipment Purchases $ 60,000 Computer Charges $ 1,955 Real Estate Rentals $ 30,500 Telecommunications $ 58,000 Per Diem, Fees and Contracts $ 234,700 Cost of Sales $ 4,573,000 Repayment of Prior Year's Appropriations $ 84,000 Capital Outlay $ -0- Total Positions Budgeted 66 Authorized Motor Vehicles 16 E. Budget Unit: Probation Field Operations $ 19,827,578 1. Probation Operations Budget: Personal Services $ 13,957,692 Regular Operating Expenses $ 407,891 Travel $ 237,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ 70,386 Computer Charges $ -0- Real Estate Rentals $ 297,800 Telecommunications $ 196,250 Utilities $ 5,650 Per Diem, Fees and Contracts $ 3,000 Grants for Independent Probation Systems $ 427,000 Total Funds Budgeted $ 15,622,669 State Funds Budgeted $ 15,622,669 Total Positions Budgeted 664 2. Diversion Centers Budget: Personal Services $ 3,674,066 Regular Operating Expenses $ 299,155 Travel $ 20,350 Motor Vehicle Equipment Purchases $ 19,000 Publications and Printing $ -0- Equipment Purchases $ 146,153 Computer Charges $ -0- Real Estate Rentals $ 246,895 Telecommunications $ 57,000 Utilities $ 234,000 Per Diem, Fees and Contracts $ -0- Capital Outlay $ 240,000 Total Funds Budgeted $ 4,936,619 State Funds Budgeted $ 4,204,909 Total Positions Budgeted 187 Budget Unit Object Classes : Personal Services $ 17,631,758 Regular Operating Expenses $ 707,046 Travel $ 257,350 Motor Vehicle Equipment Purchases $ 19,000 Publications and Printing $ 20,000 Equipment Purchases $ 216,539 Computer Charges $ -0- Real Estate Rentals $ 544,695 Telecommunications $ 253,250 Utilities $ 239,650 Per Diem, Fees and Contracts $ 3,000 Capital Outlay $ 240,000 Grants for Independent Probation Systems $ 427,000 Total Positions Budgeted 851 Authorized Motor Vehicles 93 Provided, that of the above appropriation relating to Grants to Independent Probation Systems, the Department shall, for disbursement purposes, compute the State cost per probationer on a state-wide basis pursuant to the formula used by the Office of Planning and Budget and make payments to the independent county probation systems utilizing this State cost per probationer.

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Section 34. Department of Public Safety . Budget Unit: Department of Public Safety $ 56,152,209 1. Office of Highway Safety Budget: Personal Services $ 305,436 Regular Operating Expenses $ 23,319 Travel $ 15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment Purchases $ -0- Computer Charges $ 13,506 Real Estate Rentals $ 35,203 Telecommunications $ 18,000 Per Diem, Fees and Contracts $ -0- Postage $ 4,000 Total Funds Budgeted $ 417,964 State Funds Budgeted $ 208,982 Total Positions Budgeted 12 2. Administration Budget: Personal Services $ 3,542,043 Regular Operating Expenses $ 1,545,920 Travel $ 96,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 72,000 Equipment Purchases $ 42,128 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 115,000 Per Diem, Fees and Contracts $ 77,000 Postage $ 40,000 Total Funds Budgeted $ 5,530,091 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 5,497,273 Total Positions Budgeted 156 3. Driver Services Budget: Personal Services $ 5,977,782 Regular Operating Expenses $ 265,469 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 237,000 Equipment Purchases $ 57,923 Computer Charges $ 2,748,707 Real Estate Rentals $ 3,960 Telecommunications $ 66,000 Per Diem, Fees and Contracts $ 500 Postage $ 565,000 Conviction Reports $ 180,000 Capital Outlay $ 75,000 Driver License Processing $ 714,000 Total Funds Budgeted $ 10,894,841 Indirect DOAS Services Funding $ 1,500,000 State Funds Budgeted $ 9,394,841 Total Positions Budgeted 318 4. Field Operations Budget: Personal Services $ 26,800,466 Regular Operating Expenses $ 4,776,927 Travel $ 19,000 Motor Vehicle Equipment Purchases $ 4,465,609 Publications and Printing $ 134,000 Equipment Purchases $ 236,051 Computer Charges $ -0- Real Estate Rentals $ 2,729 Telecommunications $ 356,200 Per Diem, Fees and Contracts $ 5,000 Postage $ 36,000 Capital Outlay $ -0- Total Funds Budgeted $ 36,831,982 Indirect DOAS Services Funding $ 150,000 State Funds Budgeted $ 36,681,982 Total Positions Budgeted 996 5. Georgia Peace Officer Standards and Training Budget: Personal Services $ 710,900 Regular Operating Expenses $ 81,103 Travel $ 28,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,000 Equipment Purchases $ -0- Computer Charges $ 55,000 Real Estate Rentals $ 47,500 Telecommunications $ 19,000 Per Diem, Fees and Contracts $ 12,250 Postage $ 5,300 Peace Officers Training Grants $ 1,591,659 Total Funds Budgeted $ 2,566,712 State Funds Budgeted $ 2,566,712 Total Positions Budgeted 25 6. Police Academy: Personal Services $ 484,694 Regular Operating Expenses $ 130,200 Travel $ 6,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,000 Equipment Purchases $ 3,500 Computer Charges $ 7,000 Real Estate Rentals $ -0- Telecommunications $ 16,723 Per Diem, Fees and Contracts $ 138,541 Postage $ 2,400 Total Funds Budgeted $ 798,358 State Funds Budgeted $ 773,058 Total Positions Budgeted 16 7. Fire Academy: Personal Services $ 309,603 Regular Operating Expenses $ 53,200 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 11,940 Publications and Printing $ 2,800 Equipment Purchases $ 14,000 Computer Charges $ 48,000 Real Estate Rentals $ 15,182 Telecommunications $ 10,000 Per Diem, Fees and Contracts $ 85,000 Postage $ 5,500 Total Funds Budgeted $ 567,225 State Funds Budgeted $ 527,225 Total Positions Budgeted 13 8. Georgia Firefighter Standards and Training Council Budget: Personal Services $ 125,329 Regular Operating Expenses $ 7,940 Travel $ 8,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 2,000 Computer Charges $ 33,500 Real Estate Rentals $ 3,500 Telecommunications $ 3,700 Per Diem, Fees and Contracts $ 2,000 Postage $ 1,100 Total Funds Budgeted $ 189,769 State Funds Budgeted $ 189,769 Total Positions Budgeted 4 9. Organized Crime Prevention Council Budget: Personal Services $ 121,854 Regular Operating Expenses $ 15,520 Travel $ 9,500 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ 1,500 Equipment Purchases $ 17,900 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,000 Per Diem, Fees and Contracts $ 18,840 Postage $ 700 Total Funds Budgeted $ 197,814 State Funds Budgeted $ 197,814 Total Positions Budgeted 3 10. Georgia Public Safety Training Facility Budget: Personal Services $ 97,053 Regular Operating Expenses $ 3,400 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ 600 Computer Charges $ 800 Real Estate Rentals $ 3,500 Telecommunications $ 3,000 Per Diem, Fees and Contracts $ 2,500 Postage $ 500 Capital Outlay $ -0- Total Funds Budgeted $ 114,553 State Funds Budgeted $ 114,553 Total Positions Budgeted 3 Budget Unit Object Classes : Personal Services $ 38,475,160 Regular Operating Expenses $ 6,902,998 Travel $ 201,000 Motor Vehicle Equipment Purchases $ 4,486,549 Publications and Printing $ 478,000 Equipment Purchases $ 374,102 Computer Charges $ 2,906,513 Real Estate Rentals $ 111,574 Telecommunications $ 610,623 Per Diem, Fees and Contracts $ 341,631 Postage $ 660,500 Conviction Reports $ 180,000 Peace Officers Training Grant $ 1,591,659 Driver License Processing $ 714,000 Capital Outlay $ 75,000 Total Positions Budgeted 1,546 Authorized Motor Vehicles 1,099 Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police). Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report. Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants. 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 $ 11,991,350 Departmental Operations Budget: Payments to Employees' Retirement System $ 173,250 Employer Contributions $ 11,818,100 Total Funds Budgeted $ 11,991,350 State Funds Budgeted $ 11,991,350 Budget Unit Object Classes : Payments to Employees' Retirement System $ 173,250 Employer Contributions $ 11,818,100 Section 36. Public Service Commission . Budget Unit: Public Service Commission $ 4,241,916 1. Administration Budget: Personal Services $ 780,083 Regular Operating Expenses $ 39,200 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,200 Equipment Purchases $ 1,600 Computer Charges $ 2,500 Real Estate Rentals $ 74,733 Telecommunications $ 33,000 Per Diem, Fees and Contracts $ 5,500 Total Funds Budgeted $ 945,816 State Funds Budgeted $ 944,816 Total Positions Budgeted 22 2. Transportation Budget: Personal Services $ 1,093,256 Regular Operating Expenses $ 181,539 Travel $ 38,079 Motor Vehicle Equipment Purchases $ 62,424 Publications and Printing $ 9,500 Equipment Purchases $ 4,020 Computer Charges $ 72,750 Real Estate Rentals $ 60,623 Telecommunications $ 28,980 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,551,171 State Funds Budgeted $ 1,551,171 Total Positions Budgeted 47 3. Utilities Budget: Personal Services $ 1,469,930 Regular Operating Expenses $ 48,914 Travel $ 57,794 Motor Vehicle Equipment Purchases $ 7,776 Publications and Printing $ 2,300 Equipment Purchases $ 5,640 Computer Charges $ 20,251 Real Estate Rentals $ 76,849 Telecommunications $ 33,000 Per Diem, Fees and Contracts $ 100,045 Total Funds Budgeted $ 1,822,499 State Funds Budgeted $ 1,745,929 Total Positions Budgeted 50 Budget Unit Object Classes : Personal Services $ 3,343,269 Regular Operating Expenses $ 269,653 Travel $ 103,873 Motor Vehicle Equipment Purchases $ 70,200 Publications and Printing $ 13,000 Equipment Purchases $ 11,260 Computer Charges $ 95,501 Real Estate Rentals $ 212,205 Telecommunications $ 94,980 Per Diem, Fees and Contracts $ 105,545 Total Positions Budgeted 119 Authorized Motor Vehicles 26 Section 37. Regents, University System of Georgia . A. Budget Unit: Resident Instruction and University System Institutions $ 540,252,940 1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 424,387,796 Sponsored Operations $ 56,737,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 121,483,900 Sponsored Operations $ 59,327,000 Office of Minority Business Enterprise $ 277,773 Special Desegregation Programs $ 268,646 Satellite Medical Facility Program $ -0- Teachers' Retirement $ 54,415,184 Authority Lease Rentals $ 16,370,000 Capital Outlay $ 600,000 Total Funds Budgeted $ 733,867,299 Less Agency Funds : Departmental Income $ 14,600,000 Sponsored Income $ 116,064,000 Other Funds $ 138,573,000 Auxiliary Income $ -0- Indirect Communication Charges $ 3,027,300 State Funds Budgeted $ 461,602,999 Total Positions Budgeted 17,002 Provided, that from appropriated funds in this budget unit, the amount of $16,370,000 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 unanticiapted 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 Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Sub-Committees. 2. Marine Resources Extension Center Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 618,350 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 242,010 Sponsored Operations $ -0- Total Funds Budgeted $ 860,360 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 135,000 Indirect DOAS Services Funding $ 9,800 State Funds Budgeted $ 715,560 Total Positions Budgeted 27 3. Skidaway Institute of Oceanography Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 785,180 Sponsored Operations $ 800,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 551,070 Sponsored Operations $ 943,750 Total Funds Budgeted $ 3,080,000 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 1,743,750 Other Funds $ 400,000 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 936,250 Total Positions Budgeted 35 4. Marine Institute Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 359,840 Sponsored Operations $ 162,487 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 185,290 Sponsored Operations $ 126,263 Total Funds Budgeted $ 833,880 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 288,750 Other Funds $ -0- Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 545,130 Total Positions Budgeted 19 5. Engineering Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 9,302,473 Sponsored Operations $ 23,700,742 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 6,963,345 Sponsored Operations $ 19,739,840 Agricultural Research $ 425,270 Total Funds Budgeted $ 60,131,670 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 43,440,582 Other Funds $ 11,414,375 Indirect DOAS Services Funding $ 117,600 State Funds Budgeted $ 5,159,113 Total Positions Budgeted 313 6. Engineering Extension Division Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 1,104,796 Sponsored Operations $ 35,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 691,585 Sponsored Operations $ 15,000 Advanced Technology Development Center $ 515,041 Total Funds Budgeted $ 2,361,422 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 50,000 Other Funds $ 1,257,767 Indirect DOAS Services Funding $ 12,200 State Funds Budgeted $ 1,041,455 Total Positions Budgeted 38 7. Agricultural Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 18,844,595 Sponsored Operations $ 3,700,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 7,777,649 Sponsored Operations $ 2,000,000 Capital Outlay $ -0- Total Funds Budgeted $ 32,322,244 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 5,700,000 Other Funds $ 6,839,745 Indirect DOAS Services Funding $ 95,900 State Funds Budgeted $ 19,686,599 Total Positions Budgeted 855 8. Cooperative Extension Service Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 21,474,800 Sponsored Operations $ 4,590,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 3,278,889 Sponsored Operations $ 2,010,000 Total Funds Budgeted $ 31,353,689 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 6,600,000 Other Funds $ 5,460,000 Indirect DOAS Services Funding $ 126,700 State Funds Budgeted $ 19,166,989 Total Positions Budgeted 960 9. Eugene Talmadge Memorial Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 47,328,326 Sponsored Operations $ 2,660,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 21,396,914 Sponsored Operations $ 670,000 Capital Outlay - ETMH Renovations $ 2,100,000 Total Funds Budgeted $ 74,155,240 Less Agency Funds : Departmental Income $ 1,150,000 Sponsored Income $ 3,330,000 Other Funds $ 43,201,453 Board of Corrections $ 1,548,498 Indirect DOAS Services Funding $ 193,500 State Funds Budgeted $ 24,731,789 Total Positions Budgeted 3,022 10. Veterinary Medicine Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 907,540 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 425,498 Sponsored Operations $ -0- Agricultural Research $ 312,350 Disease Research $ -0- Fire Ant Research $ 150,000 Total Funds Budgeted $ 1,795,388 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ -0- Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 1,795,388 Total Positions Budgeted 45 11. Veterinary Medicine Teaching Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 668,147 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs $ 972,000 Sponsored Operations $ -0- Total Funds Budgeted $ 1,640,147 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 1,324,178 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 315,969 Total Positions Budgeted 53 12. Family Practice Residency Program Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 114,843 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 94,634 Capitation Contracts for Family Practice Residency $ 2,000,000 Residency Capitation Grants $ 1,785,000 New Program Development Contracts for Family Practice Residency $ 150,000 Student Preceptorships $ 185,000 Total Funds Budgeted $ 4,329,477 State Funds Budgeted $ 4,329,477 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. Provided, that of the funds appropriated for Capitation Grants for Family Practice, it is permissible that any funds not committed to existing programs may be used to begin a Family Practice Program at Emory University School of Medicine. 13. Georgia Radiation Therapy Center Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 585,680 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 307,041 Sponsored Operations $ -0- Total Funds Budgeted $ 892,721 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 666,499 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 226,222 Total Positions Budgeted 34 Budget Unit Object Classes : Personal Services: Educ., Gen., and Dept. Svcs. $ 526,482,366 Sponsored Operations $ 92,385,229 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 164,369,825 Sponsored Operations $ 84,831,853 Office of Minority Business Enterprise $ 277,773 Special Desegregation Programs $ 268,646 Satellite Medical Facility Program $ -0- Fire Ant Research $ 150,000 Agricultural Research $ 737,620 Disease Research $ -0- Advanced Technology Development Center $ 515,041 Capitation Contracts for Family Practice Residency $ 2,000,000 New Program Development Contracts for Family Practice Residency $ 150,000 Residency Capitation Grants $ 1,785,000 Student Preceptorships $ 185,000 Teachers' Retirement $ 54,415,184 Authority Lease Rentals $ 16,370,000 Capital Outlay - ETMH Renovations $ 2,100,000 Capital Outlay $ 600,000 Total Positions Budgeted 22,407 B. Budget Unit: Regents Central Office $ 18,092,922 Regents Central Office Budget: Personal Services $ 2,802,331 Operating Expenses $ 609,139 SREB Payments $ 6,667,400 Medical Scholarships $ 547,500 Regents Opportunity Grants $ 500,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 6,576,552 Rental Payments to Georgia Military College $ 190,000 Central Savannah River Area Business League $ -0- Total Funds Budgeted $ 18,092,922 State Funds Budgeted $ 18,092,922 Total Positions Budgeted 100 Budget Unit Object Classes : Personal Services $ 2,802,331 Operating Expenses $ 609,139 SREB Payments $ 6,667,400 Medical Scholarships $ 547,500 Regents Opportunity Grants $ 500,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 6,576,552 Rental Payments to Georgia Military College $ 190,000 Central Savannah River Area Business League $ -0- Total Positions Budgeted 100 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 $ 3,906,409 Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 3,009,630 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 2,854,558 Sponsored Operations $ -0- Total Funds Budgeted $ 5,864,188 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 1,957,779 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 3,906,409 Total Positions Budgeted 137 Budget Unit Object Classes : Personal Services $ 3,009,630 Operating Expenses $ 2,854,558 Total Positions Budgeted 137 Authorized Motor Vehicles 14 Section 38. Department of Revenue . Budget Unit: Department of Revenue $ 36,765,075 1. Departmental Administration Budget: Personal Services $ 1,057,256 County Tax Officials/Retirement and FICA $ 854,618 Regular Operating Expenses $ 168,563 Travel $ -0- Motor Vehicle Equipment Purchases $ 21,900 Publications and Printing $ 12,600 Equipment Purchases $ 11,796 Computer Charges $ 9,000 Real Estate Rentals $ -0- Telecommunications $ 23,777 Per Diem, Fees and Contracts $ 3,000 Postage $ 150 Total Funds Budgeted $ 2,162,660 Indirect Georgia Building Authority Rents $ -0- State Funds Budgeted $ 2,162,660 Total Positions Budgeted 32 2. Motor Vehicle Administration Budget: Personal Services $ 4,914,450 Regular Operating Expenses $ 483,950 Travel $ -0- Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 315,000 Equipment Purchases $ 37,947 Computer Charges $ 2,438,162 Real Estate Rentals $ -0- Telecommunications $ 95,459 Per Diem, Fees and Contracts $ 157,258 Motor Vehicle Tag Purchases $ 750,000 Motor Vehicle Decal Purchases $ 311,400 Postage $ -0- Total Funds Budgeted $ 9,513,626 Indirect DOAS Services Funding $ 1,689,168 State Funds Budgeted $ 7,824,458 Total Positions Budgeted 242 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $750,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 750,000 motor vehicle tags, and for this purpose only. Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production. 3. Property Tax Budget: Personal Services $ 1,282,859 Regular Operating Expenses $ 64,770 Travel $ 68,000 Motor Vehicle Equipment Purchases $ 21,900 Publications and Printing $ 151,000 Equipment Purchases $ 3,775 Computer Charges $ 244,847 Real Estate Rentals $ -0- Telecommunications $ 21,063 Per Diem, Fees and Contracts $ 145,000 Grants to Counties/Appraisal Staff $ 1,430,000 Postage $ 12,300 Total Funds Budgeted $ 3,445,514 Repayment of Loans to Counties/Property Revaluation $ -0- Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 3,445,514 Total Positions Budgeted 55 4. Sales Taxation Budget: Personal Services $ 1,569,787 Regular Operating Expenses $ 20,550 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 75,470 Equipment Purchases $ 6,012 Computer Charges $ 506,000 Real Estate Rentals $ -0- Telecommunications $ 29,113 Per Diem, Fees and Contracts $ -0- Postage $ 100,500 Total Funds Budgeted $ 2,307,432 Indirect DOAS Services Funding $ 350,600 State Funds Budgeted $ 1,956,832 Total Positions Budgeted 83 5. Motor Fuel Taxation Budget: Personal Services $ 741,230 Regular Operating Expenses $ 5,450 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 49,524 Equipment Purchases $ 1,514 Computer Charges $ 263,000 Real Estate Rentals $ -0- Telecommunications $ 14,793 Per Diem, Fees and Contracts $ -0- Postage $ -0- Total Funds Budgeted $ 1,075,511 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 1,075,511 Total Positions Budgeted 36 6. Income Taxation Budget: Personal Services $ 2,717,419 Regular Operating Expenses $ 50,700 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 397,000 Equipment Purchases $ 10,170 Computer Charges $ 2,475,469 Real Estate Rentals $ -0- Telecommunications $ 44,249 Per Diem, Fees and Contracts $ -0- Postage $ 388,354 Total Funds Budgeted $ 6,083,361 Indirect DOAS Services Funding $ 1,715,232 State Funds Budgeted $ 4,368,129 Total Positions Budgeted 128 7. Central Audit Budget: Personal Services $ 2,536,610 Regular Operating Expenses $ 16,040 Travel $ 518,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,200 Equipment Purchases $ 3,200 Computer Charges $ 4,000 Real Estate Rentals $ -0- Telecommunications $ 19,754 Per Diem, Fees and Contracts $ 1,500 Postage $ 75 Total Funds Budgeted $ 3,102,379 State Funds Budgeted $ 3,102,379 Total Positions Budgeted 82 8. Field Audit Services Budget: Personal Services $ 7,023,128 Regular Operating Expenses $ 203,240 Travel $ 297,000 Motor Vehicle Equipment Purchases $ 58,400 Publications and Printing $ 47,200 Equipment Purchases $ 21,000 Computer Charges $ 119,825 Real Estate Rentals 326,098 Telecommunications 217,096 per Diem, Fees and Contracts $ -0- Postage $ 68,034 Total Funds Budgeted $ 8,381,021 Indirect DOAS Services Funding $ 90,000 State Funds Budgeted $ 8,291,021 Total Positions Budgeted 306 9. Internal Administration Budget: Personal Services $ 1,464,336 Regular Operating Expenses $ 182,270 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 360,000 Equipment Purchases $ 14,438 Computer Charges $ 71,000 Real Estate Rentals $ 997,603 Telecommunications $ 14,700 Per Diem, Fees and Contracts $ -0- Postage $ 1,434,224 Total Funds Budgeted $ 4,538,571 Indirect Georgia Building Authority Rents $ -0- State Funds Budgeted $ 4,538,571 Total Positions Budgeted 69 Budget Unit Object Classes : Personal Services $ 23,307,075 County Tax Officials/Retirement and FICA $ 854,618 Regular Operating Expenses $ 1,195,533 Travel $ 883,000 Motor Vehicle Equipment Purchases $ 112,200 Publications and Printing $ 1,410,994 Equipment Purchases $ 109,852 Computer Charges $ 6,131,303 Real Estate Rentals $ 1,323,701 Telecommunications $ 480,004 Per Diem, Fees and Contracts $ 306,758 Loans to Counties/Property Reevaluation $ -0- Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tag Purchases $ 750,000 Motor Vehicle Decal Purchases $ 311,400 Postage $ 2,003,637 Total Positions Budgeted 1,033 Authorized Motor Vehicles 60 Section 39. Secretary of State . A. Budget Unit: Secretary of State $ 13,264,902 1. Internal Administration Budget: Personal Services $ 864,019 Regular Operating Expenses $ 77,866 Travel $ 4,624 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 47,663 Equipment Purchases $ 4,000 Computer Charges $ 6,640 Real Estate Rentals $ 106,944 Telecommunications $ 28,788 Per Diem, Fees and Contracts $ 25 Postage $ 24,000 Total Funds Budgeted $ 1,164,569 State Funds Budgeted $ 1,164,569 Total Positions Budgeted 35 2. Archives and Records Budget: Personal Services $ 1,949,275 Regular Operating Expenses $ 243,595 Travel $ 22,782 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,600 Equipment Purchases $ 56,000 Computer Charges $ -0- Real Estate Rentals $ 32,103 Telecommunications $ 56,204 Per Diem, Fees and Contracts $ 2,000 Postage $ 20,000 Authority Lease Rentals $ 1,276,000 Total Funds Budgeted $ 3,672,559 State Funds Budgeted $ 3,632,559 Total Positions Budgeted 82 3. Corporations Regulation Budget: Personal Services $ 583,105 Regular Operating Expenses $ 22,467 Travel $ 263 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,539 Equipment Purchases $ 6,579 Computer Charges $ 67,417 Real Estate Rentals $ 120,854 Telecommunications $ 47,832 Per Diem, Fees and Contracts $ -0- Postage $ 36,000 Total Funds Budgeted $ 900,056 State Funds Budgeted $ 900,056 Total Positions Budgeted 31 4. Elections and Campaign Disclosure Budget: Personal Services $ 188,900 Regular Operating Expenses $ 18,005 Travel $ 315 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,700 Per Diem, Fees and Contracts $ 75,350 Postage $ 3,000 Election Expenses $ 300,000 Total Funds Budgeted $ 594,270 State Funds Budgeted $ 594,270 Total Positions Budgeted 8 5. General Services Budget: Personal Services $ 648,264 Regular Operating Expenses $ 36,530 Travel $ 2,257 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 110,860 Equipment Purchases $ 8,775 Computer Charges $ 2,351 Real Estate Rentals $ 47,818 Telecommunications $ 16,320 Per Diem, Fees and Contracts $ 200 Postage $ 20,000 Total Funds Budgeted $ 893,375 State Funds Budgeted $ 893,375 Total Positions Budgeted 29 6. Securities Regulation Budget: Personal Services $ 523,278 Regular Operating Expenses $ 37,354 Travel $ 7,110 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 2,300 Computer Charges $ 10,000 Real Estate Rentals $ 101,122 Telecommunications $ 13,835 Per Diem, Fees and Contracts $ 2,100 Postage $ 400 Total Funds Budgeted $ 701,499 State Funds Budgeted $ 701,499 Total Positions Budgeted 18 7. Drugs and Narcotics Budget: Personal Services $ 468,859 Regular Operating Expenses $ 42,303 Travel $ 24,550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ 800 Computer Charges $ -0- Real Estate Rentals $ 10,764 Telecommunications $ 8,800 Per Diem, Fees and Contracts $ 1,745 Postage $ 2,500[UNK] Total Funds Budgeted $ 561,021 State Funds Budgeted $ 561,021 Total Positions Budgeted 16 8. State Campaign and Financial Disclosure Commission Budget: Personal Services $ 86,177 Regular Operating Expenses $ 5,050 Travel $ 1,730 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,357 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 11,025 Telecommunications $ 2,699 Per Diem, Fees and Contracts $ 3,860 Postage $ 2,000 Total Funds Budgeted $ 116,898 State Funds Budgeted $ 116,898 Total Positions Budgeted 3 9. Occupational Certification Budget: Personal Services $ 2,950,097 Regular Operating Expenses $ 731,659 Travel $ 85,172 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 75,000 Equipment Purchases $ 16,023 Computer Charges $ 92,294 Real Estate Rentals $ 241,010 Telecommunications $ 98,022 Per Diem, Fees and Contracts $ 271,378 Postage $ 140,000 Total Funds Budgeted $ 4,700,655 State Funds Budgeted $ 4,700,655 Total Positions Budgeted 133 Occupational Certification Functional Budgets Board Costs Cost of Operation Accounting $ 126,327 $ 250,674 Architect $ 61,584 $ 128,472 Athletic Trainers $ 174 $ 1,335 Auctioneers $ 3,209 $ 42,210 Barbers $ 6,055 $ 177,894 Chiropractic $ 7,869 $ 52,253 Construction Industry $ 42,299 $ 243,248 Cosmetology $ 15,648 $ 523,555 Dentistry $ 38,418 $ 190,496 Engineers $ 48,130 $ 254,757 Forestry $ 2,700 $ 25,401 Funeral Service $ 8,549 $ 102,741 Geology $ 2,700 $ 14,154 Hearing Aid $ 2,922 $ 13,338 Landscape Architect $ 5,390 $ 14,525 Librarians $ 2,122 $ 14,482 Medical Examiners $ 184,382 $ 758,997 Nursing Home Administrators $ 8,678 $ 21,445 Board of Nursing $ 88,398 $ 655,361 Dispensing Opticians $ 5,852 $ 24,551 Optometry $ 4,501 $ 22,750 Occupational Therapy $ 1,654 $ 7,599 Pest Control $ 7,455 $ 67,139 Pharmacy $ 58,769 $ 320,993 Physical Therapy $ 5,219 $ 14,741 Podiatry $ 1,649 $ 16,790 Polygraph Examiners $ 1,235 $ 12,715 Practical Nursing $ 80,535 $ 411,896 Private Detective $ 20,322 $ 209,274 Psychologists $ 9,585 $ 37,542 Recreation $ 1,789 $ 18,726 Sanitarian $ 4,264 $ 18,490 Speech Pathology $ 1,839 $ 15,071 Used Car Dealers $ 8,083 $ 168,069 Used Car Parts $ 3,263 $ 20,537 Veterinary $ 17,966 $ 66,442 Wastewater $ 5,044 $ 46,914 Well Water $ 3,770 $ 23,098 Total $ 898,348 $ 5,008,675 Budget Unit Object Classes : Personal Services $ 8,261,974 Regular Operating Expenses $ 1,214,829 Travel $ 148,803 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 275,719 Equipment Purchases $ 94,477 Computer Charges $ 178,702 Real Estate Rentals $ 671,640 Telecommunications $ 278,200 Per Diem, Fees and Contracts $ 356,658 Election Expenses $ 300,000 Postage $ 247,900 Authority Lease Rentals $ 1,276,000 Total Positions Budgeted 355 Authorized Motor Vehicles 71 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 $ 891,913 Real Estate Commission Budget: Personal Services $ 550,322 Regular Operating Expenses $ 118,291 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,000 Equipment Purchases $ 5,000 Computer Charges $ 54,000 Real Estate Rentals $ 33,600 Telecommunications $ 17,400 Per Diem, Fees and Contracts $ 76,300 Total Funds Budgeted $ 891,913 State Funds Budgeted $ 891,913 Total Positions Budgeted 27 Real Estate Commission Functional Budget State Funds Cost of Operations Pos. Real Estate Commission $ 891,913 $ 932,863 27 Budget Unit Object Classes : Personal Services $ 528,962 Regular Operating Expenses $ 118,291 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,000 Equipment Purchases $ 5,000 Computer Charges $ 54,000 Real Estate Rentals $ 33,600 Telecommunications $ 17,400 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 $ 16,566,130 1. Internal Administration Activity Budget: Personal Services $ 2,126,410 Regular Operating Expenses $ 276,780 Travel $ 48,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 55,000 Equipment Purchases $ 17,310 Telecommunications $ 66,220 Per Diem, Fees and Contracts $ 87,690 Total Funds Budgeted $ 2,677,810 State Funds Budgeted $ -0- Total Positions Budgeted 94 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees $ 320,000 Total Funds Budgeted $ 320,000 State Funds Budgeted $ 253,000 Total Positions Budgeted 0 3. Georgia Student Finance Authority Budget: Guaranteed Educational Loans $ 3,410,000 Tuition Equalization Grants $ 11,120,000 Student Incentive Grants $ 3,740,505 North Georgia College ROTC Grants $ 135,000 Law Enforcement Personnel Dependents' Grants $ 28,000 Georgia Military Scholarship Grants $ 70,910 Total Funds Budgeted $ 18,504,415 State Funds Budgeted $ 16,313,130 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 2,126,410 Regular Operating Expenses $ 276,780 Travel $ 48,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 55,000 Equipment Purchases $ 17,310 Telecommunications $ 66,220 Per Diem, Fees and Contracts $ 87,690 Payment of Interest and Fees $ 320,000 Guaranteed Educational Loans $ 3,410,000 Tuition Equalization Grants $ 11,120,000 Student Incentive Grants $ 3,740,505 Law Enforcement Personnel Dependents' Grants $ 28,000 North Georgia College ROTC Grants $ 135,000 Georgia Military Scholarship Grants $ 70,910 Total Positions Budgeted 94 Authorized Motor Vehicles 1 Provided, that of the above appropriated amount relative to Educational Loans an amount not to exceed $14,000 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 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 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 fields of study; (b) an amount not to exceed $100,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard; (c) an amount not to exceed $225,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; (d) an amount not to exceed $30,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agricultural teachers; and (e) an amount not to exceed $135,000 is designated and committed for the purpose of providing cancellable loans to students who are to become mathematics or science 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 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 summer school quarter or semester, to undergraduate students attending private colleges as provided for in Code Sections 20-3-410 through 20-3-416. 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 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 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 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 state interest subsidy payments to lenders as provided for in Code Section 20-3-273, and loan discount fee payments to lenders as provided for in 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 20-3-272 and Code Section 20-3-319. Provided, however, the Department is authorized and directed to provide 29 more Tuition Equalization Grants than were authorized in S.F.Y. 1984 Budget Report. Section 41. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 880,559 1. Soil and Water Conservation Central Office Budget: Personal Services $ 434,877 Regular Operating Expenses $ 41,444 Travel $ 43,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,369 Equipment Purchases $ 4,150 Computer Charges $ -0- Real Estate Rentals $ 21,765 Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 132,785 Total Funds Budgeted $ 701,390 State Funds Budgeted $ 701,390 Total Positions Budgeted 12 2. Soil and Water Conservation Dam Safety Budget: Personal Services $ 141,033 Regular Operating Expenses $ 13,395 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 500 Computer Charges $ 6,500 Real Estate Rentals $ 4,141 Telecommunications $ 3,200 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 179,169 State Funds Budgeted $ 179,169 Total Positions Budgeted 5 Budget Unit Object Classes : Personal Services $ 575,910 Regular Operating Expenses $ 54,839 Travel $ 51,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,769 Equipment Purchases $ 4,650 Computer Charges $ 6,500 Real Estate Rentals $ 25,906 Telecommunications $ 14,200 Per Diem, Fees and Contracts $ 134,785 Total Positions Budgeted 17 Authorized Motor Vehicles 3 Section 42. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 2,319,000 Departmental Operations Budget: Personal Services $ 1,551,407 Regular Operating Expenses $ 74,800 Travel $ 21,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,825 Equipment Purchases $ 12,600 Computer Charges $ 231,315 Real Estate Rentals $ 111,000 Telecommunications $ 53,485 Per Diem, Fees and Contracts $ 189,000 Postage $ 80,000 Cost of Living Increases for Local Retirement System Members $ 1,015,000 Floor Fund for Local Retirement Systems $ 1,304,000 Total Funds Budgeted $ 4,693,032 State Funds Budgeted $ 2,319,000 Total Positions Budgeted 63 Budget Unit Object Classes : Personal Services $ 1,551,407 Regular Operating Expenses $ 74,800 Travel $ 21,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,825 Equipment Purchases $ 12,600 Computer Charges $ 231,315 Real Estate Rentals $ 111,000 Telecommunications $ 53,485 Per Diem, Fees and Contracts $ 189,000 Postage $ 80,000 Cost of Living Increases for Local Retirement System Members $ 1,015,000 Floor Fund for Local Retirement Systems $ 1,304,000 Total Positions Budgeted 63 Authorized Motor Vehicles 1 Section 43. Department of Transportation . Budget Unit: Department of Transportation $ 411,439,745 1. Planning and Construction Budget: Personal Services $ 74,799,806 Regular Operating Expenses $ 4,904,656 Travel $ 1,128,888 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 258,201 Equipment Purchases $ 58,233 Computer Charges $ -0- Real Estate Rentals $ 28,295 Telecommunications $ 1,011,196 Per Diem, Fees and Contracts $ 6,862,995 Capital Outlay $ 389,519,894 Geodetic Control $ 310,884 Capital Outlay - Paving State and Local Schools and State Institutions $ 750,000 Capital Outlay - Paving State Parks and Historic Sites $ 500,000 Total Funds Budgeted $ 480,133,048 State Funds Budgeted $ 184,404,768 Total Positions Budgeted 3,023 2. Maintenance and Betterments Budget: Personal Services $ 57,668,922 Regular Operating Expenses $ 39,779,079 Travel $ 366,773 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,509 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 5,400 Telecommunications $ 158,747 Per Diem, Fees and Contracts $ 1,029,175 Capital Outlay $ 63,123,001 Total Funds Budgeted $ 162,148,606 State Funds Budgeted $ 159,348,606 Total Positions Budgeted 3,564 3. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases $ 1,000,000 Equipment Purchases $ 2,163,420 Capital Outlay $ 131,200 Total Funds Budgeted $ 3,294,620 State Funds Budgeted $ 3,194,620 4. Assistance to Counties Budget: Grants to Counties $ 9,317,013 Total Funds Budgeted $ 9,317,013 State Funds Budgeted $ 9,317,013 5. Administration Budget: Personal Services $ 8,908,788 Regular Operating Expenses $ 960,097 Travel $ 95,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 510,149 Equipment Purchases $ -0- Computer Charges $ 599,500 Real Estate Rentals $ 1,058,245 Telecommunications $ 275,766 Per Diem, Fees and Contracts $ 245,974 Authority Lease Rentals $ 24,710,358 State of Georgia General Obligation Debt Sinking Fund $ 3,712,000 Total Funds Budgeted $ 41,075,877 State Funds Budgeted $ 40,795,877 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 IX, Paragraph VI, 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, 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 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. Provided that State Funds appropriated for on-system Resurfacing, Four-Laning and Passing Lanes in the foregoing activities may be used to match additional Federal Aid resulting from the increase in the Federal Motor Fuel Tax. 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 $ 310,884 Capital Outlay - Paving State and Local Schools and State Institutions $ 750,000 Paving State Parks and Historic Sites $ 500,000 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 IX, Paragraph VI, subsection (b) of the State Constitution. 6. 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. 7. Air Transportation Budget: Personal Services $ 519,133 Regular Operating Expenses $ 512,900 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ 363,000 Computer Charges $ -0- Real Estate Rentals $ 1 Telecommunications $ 6,222 Per Diem, Fees and Contracts $ 500 Capital Outlay $ -0- Total Funds Budgeted $ 1,412,956 State Funds Budgeted $ 1,028,583 Total Positions Budgeted 16 8. Inter-Modal Transfer Facilities Budget: Personal Services $ 680,935 Regular Operating Expenses $ 49,500 Travel $ 16,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment Purchases $ 400 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,718 Per Diem, Fees and Contracts $ 700,000 Capital Outlay - Airport Development $ 700,000 Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 100,000 Mass Transit Grants $ 2,016,475 Total Funds Budgeted $ 5,306,028 State Funds Budgeted $ 3,469,278 Total Positions Budgeted 22 9. Harbor Maintenance Budget: Harbor Maintenance Payments $ 564,000 Capital Outlay - Land Acquisition $ -0- Total Funds Budgeted $ 564,000 State Funds Budgeted $ 564,000 Budget Unit Object Classes : Personal Services $ 142,577,584 Regular Operating Expenses $ 46,206,232 Travel $ 1,617,661 Motor Vehicle Equipment Purchases $ 1,000,000 Publications and Printing $ 808,059 Equipment Purchases $ 2,585,053 Computer Charges $ 599,500 Real Estate Rentals $ 1,091,941 Telecommunications $ 1,472,649 Per Diem, Fees and Contracts $ 8,838,644 Capital Outlay $ 452,774,095 Mass Transit Grants $ 2,016,475 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 564,000 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 24,710,358 Capital Outlay - Airport Development $ 700,000 State of Georgia General Obligation Debt Sinking Fund $ 3,712,000 Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 100,000 Geodetic Control $ 310,884 Capital Outlay - Paving State and Local Schools and State Institutions $ 750,000 Capital Outlay - Paving State Parks and Historic Sites $ 500,000 Total Positions Budgeted 6,946 Authorized Motor Vehicles 4,800 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 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 $564,000 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 $ 12,767,928 1. Veterans Assistance Budget: Personal Services $ 3,212,792 Regular Operating Expenses $ 68,486 Travel $ 84,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,000 Equipment Purchases $ 4,000 Computer Charges $ -0- Real Estate Rentals $ 188,768 Telecommunications $ 55,500 Per Diem, Fees and Contracts $ 5,000 Postage $ 32,200 Total Funds Budgeted $ 3,668,246 State Funds Budgeted $ 3,421,717 Total Positions Budgeted 142 Authorized Motor Vehicles 1 2. Veterans Home and Nursing Facility - Milledgeville Budget: Capital Outlay $ -0- Equipment Purchases $ 27,865 Regular Operating Expenses for Projects $ 18,185 Operating Expenses/Payments to Central State Hospital $ 7,948,115 Total Funds Budgeted $ 7,994,165 State Funds Budgeted $ 6,600,960 3. Veterans Nursing Home - Augusta Budget: Capital Outlay $ -0- Equipment Purchases $ 11,960 Regular Operating Expenses for Projects $ -0- Operating Expense/Payments to Medical College of Georgia $ 3,515,011 Total Funds Budgeted $ 3,526,971 State Funds Budgeted $ 2,745,251 Budget Unit Object Classes : Personal Services $ 3,212,792 Regular Operating Expenses $ 68,486 Travel $ 84,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,000 Equipment Purchases $ 43,825 Computer Charges $ -0- Real Estate Rentals $ 188,768 Telecommunications $ 55,500 Per Diem, Fees and Contracts $ 5,000 Capital Outlay $ -0- Postage $ 32,200 Operating Expense/Payments to Central State Hospital $ 7,948,115 Operating Expense/Payments to Medical College of Georgia $ 3,515,011 Regular Operating Expenses for Projects $ 18,185 Total Positions Budgeted 142 Authorized Motor Vehicles 1 Section 45. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 4,577,244 1. Workers' Compensation Administration Budget: Personal Services $ 3,228,395 Regular Operating Expenses $ 85,784 Travel $ 40,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 34,000 Equipment Purchases $ 12,000 Computer Charges $ 225,420 Real Estate Rentals $ 376,596 Telecommunications $ 75,000 Per Diem, Fees and Contracts $ 40,716 Postage $ 51,800 Total Funds Budgeted $ 4,169,711 State Funds Budgeted $ 4,154,711 Total Positions Budgeted 127 2. Vocational Rehabilitation Budget: Personal Services $ 344,257 Regular Operating Expenses $ 8,830 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 350 Computer Charges $ -0- Real Estate Rentals $ 29,896 Telecommunications $ 8,200 Per Diem, Fees and Contracts $ 12,500 Postage $ 6,500 Total Funds Budgeted $ 422,533 State Funds Budgeted $ 422,533 Total Positions Budgeted 15 Budget Unit Object Classes : Personal Services $ 3,572,652 Regular Operating Expenses $ 94,614 Travel $ 50,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 12,350 Computer Charges $ 225,420 Real Estate Rentals $ 406,492 Telecommunications $ 83,200 Per Diem, Fees and Contracts $ 53,216 Postage $ 58,300 Total Positions Budgeted 142 Authorized Motor Vehicles 1 Section 46. State of Georgia General Obligation Debt Sinking Fund . A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 114,051,180 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 33,050,420 Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $910,000 is specifically appropriated for the purpose of financing the construction and equipping of buildings and facilities under the control of the State Board of Regents at the University System through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $15,739,360 is specifically appropriated for the purpose of financing a school 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 $60,540,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $8,975,200 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 $34,520,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,600,000 is specifically appropriated for the purpose of financing the equipping of the Georgia World Congress Center through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $390,000 is specifically appropriated for the purpose of constructing and equipping a Regional Youth Development Center through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,499,860 is specifically appropriated for the purpose of financing the construction and equipping the Georgia Public Safety Training Academy in Monroe County, Georgia through the issuance of not more than $13,465,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $936,000 is specifically appropriated for the purpose of financing the acquisition and clearing land for the deposit of spoilage in connection with harbor maintenance by the Department of Transportation through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt. Section 47 . In addition to all other appropriations for the State fiscal year ending June 30, 1984, there is hereby appropriated $2,000,000 to be allocated to various state agencies for the purpose of paying unemployment compensation payments to former employees. Funds are to be distributed to the various agencies according to the method developed by the Office of Planning and Budget, the Department of Administrative Services and the Legislative Budget Office. Section 48 . There is hereby appropriated $17,000,000 for the payment of the State cost of 1.2% increase in the employer contribution rate in the State Employees Health Insurance Plan and a.75% increase for the Teachers Plan to be effective July 1, 1983. 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. Section 49 . Cost-of-Living Increases. In addition to all other appropriations for the State fiscal year ending June 30, 1984, there is hereby appropriated $80,800,000 for the purposes described herein: 1) For a 5% increase on the 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, 1983; 2) For certificated personnel having 16 or more years creditable service the addition of a 16th year on the teacher salary schedule as a longevity increment based on the existing indexing factors being extended one step for each certificate on the present teacher salary schedule, effective September 1, 1983; 3) For school bus drivers, a 5% salary increase, effective July 1, 1983; 4) For university system employees, a 5% salary increase, to be effective September 1, 1983 for academic contracted personnel; 5) A 5% salary increase, effective July 1, 1983, 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. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds in the amount of $34,200,000 for the purpose of providing an increase of 4% with a minimum of $400 per annum for full-time employees of the executive, judicial and legislative branches of government, effective July 1, 1983, and 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 said Act as amended, 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, 1983. Section 50 . In addition to all other appropriations for the State fiscal year ending June 30, 1984 there is hereby appropriated $2,800,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,571,795 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 ($6,396,795 - 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 appropriate departmental budgets on a quarterly basis in amounts equal to those of departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 51 . It is the intent of this General Assembly that appropriations to the object class Authority Lease Rentals shall be used entirely for payment to debt-sinking funds, and that no funds be withdrawn from debt-sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund. Section 52 . 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 to be appropriate to control 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 53 . 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 54 . 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 55 . 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 56 . No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds. Section 57 . 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 58 . 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 59 . 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 1983 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 the fiscal year to which this appropriations Act applies, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 60 . 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 Governor's Budget Report. Section 61 . 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 62 . 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 63 . TOTAL STATE FUND APPROPRIATIONS State F.Y. 1984.....$4,018,000,000. Section 64 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 65 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1983. CORRECTIONAL INDUSTRIESCOMPENSATING INMATES PROHIBITED. Code Section 42-10-4 Amended. No. 557 (Senate Bill No. 41). AN ACT To amend Chapter 10 of Title 42 of the Official Code of Georgia Annotated, relating to correctional industries, so as to prohibit the administration from compensating inmates employed in correctional industries; to change the provisions relating to the use of funds and

Page 1788

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $390,000 is specifically appropriated for the purpose of constructing and equipping a Regional Youth Development Center through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,499,860 is specifically appropriated for the purpose of financing the construction and equipping the Georgia Public Safety Training Academy in Monroe County, Georgia through the issuance of not more than $13,465,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $936,000 is specifically appropriated for the purpose of financing the acquisition and clearing land for the deposit of spoilage in connection with harbor maintenance by the Department of Transportation through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt. Section 47 . In addition to all other appropriations for the State fiscal year ending June 30, 1984, there is hereby appropriated $2,000,000 to be allocated to various state agencies for the purpose of paying unemployment compensation payments to former employees. Funds are to be distributed to the various agencies according to the method developed by the Office of Planning and Budget, the Department of Administrative Services and the Legislative Budget Office. Section 48 . There is hereby appropriated $17,000,000 for the payment of the State cost of 1.2% increase in the employer contribution rate in the State Employees Health Insurance Plan and a.75% increase for the Teachers Plan to be effective

Page 1789

July 1, 1983. 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. Section 49 . Cost-of-Living Increases. In addition to all other appropriations for the State fiscal year ending June 30, 1984, there is hereby appropriated $80,800,000 for the purposes described herein: 1) For a 5% increase on the 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, 1983; 2) For certificated personnel having 16 or more years creditable service the addition of a 16th year on the teacher salary schedule as a longevity increment based on the existing indexing factors being extended one step for each certificate on the present teacher salary schedule, effective September 1, 1983; 3) For school bus drivers, a 5% salary increase, effective July 1, 1983; 4) For university system employees, a 5% salary increase, to be effective September 1, 1983 for academic contracted personnel; 5) A 5% salary increase, effective July 1, 1983, 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. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds in the amount of $34,200,000 for the purpose of providing an increase of 4% with a minimum of $400 per annum for full-time employees of the executive, judicial and legislative branches of government, effective July 1, 1983, and an increase of 4% for State officials whose salary is set by Act 755 (H.B.

Page 1790

262) of the 1978 Regular Session of the Georgia General Assembly, as authorized in said Act as amended, 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, 1983. Section 50 . In addition to all other appropriations for the State fiscal year ending June 30, 1984 there is hereby appropriated $2,800,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,571,795 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 ($6,396,795 - 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 appropriate departmental budgets on a quarterly basis in amounts equal to those of departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 51 . It is the intent of this General Assembly that appropriations to the object class Authority Lease Rentals shall be used entirely for payment to debt-sinking funds, and that no funds be withdrawn from debt-sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund. Section 52 . 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

Page 1791

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 to be appropriate to control 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 53 . 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

Page 1792

of the instances of noncompliance with the stated intent of this Section. Section 54 . 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 55 . 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 56 . No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds. Section 57 . 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 58 . 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

Page 1793

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 59 . 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 1983 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 the fiscal year to which this appropriations Act applies, 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

Page 1794

whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 60 . 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 Governor's Budget Report. Section 61 . 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.

Page 1795

Section 62 . 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 63 . TOTAL STATE FUND APPROPRIATIONS State F.Y. 1984.....$4,018,000,000. Section 64 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 65 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1983. CORRECTIONAL INDUSTRIESCOMPENSATING INMATES PROHIBITED. Code Section 42-10-4 Amended. No. 557 (Senate Bill No. 41). AN ACT To amend Chapter 10 of Title 42 of the Official Code of Georgia Annotated, relating to correctional industries, so as to prohibit the administration from compensating inmates employed in correctional industries; to change the provisions relating to the use of funds and

Page 1796

earnings derived from correctional industries; 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 10 of Title 42 of the Official Code of Georgia Annotated, relating to correctional industries, is amended by striking in its entirety Code Section 42-10-4, relating to the powers of the Georgia Correctional Industries Administration, and inserting in lieu thereof a new Code Section 42-10-4 to read as follows: 42-10-4. The administration shall have, in addition to any other powers conferred by this chapter, the following powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of, in any manner, real and personal property of every kind and character for its corporate purposes; (3) To appoint, upon the recommendations of its chief executive officer, such additional officers, agents, and employees as may, in its judgment, be necessary to carry on the business of the administration; to fix the compensation for such officers and employees; and to promote and discharge the same. However, all legal services for the administration shall be rendered by the Attorney General and his staff and no fee shall be paid to any attorney or law firm for legal services. The administration shall be authorized to pay such fees, stamps, and licenses and any court costs that may be incurred by virtue of the powers granted in this Code section; (4) To have the same powers and authority possessed by the Department of Offender Rehabilitation in connection with the manufacture and sale of products; (5) To utilize any and all inmates who may be made available for its corporate purposes by the Department of Offender Rehabilitation. The administration shall not be required to make any payment to the Department of Offender Rehabilitation for the use of such labor and shall not compensate inmates employed in any industry or performing services at any correctional institution;

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(6) To retain any earnings to be used for capital expansion for operating capital in performing the duties and powers provided under this chapter: (A) In the repair, alteration, erection, and maintenance of industrial buildings and equipment, provided that prior legislative approval for new construction and major capital expenditures is secured; and (B) For vocational training of inmates without regard to their industrial or other assignments; (7) To turn any surplus over to the state treasury in the event that the administration shall accumulate a surplus in excess of the amount necessary for the efficient operation of the programs authorized by this chapter, except that an amount not to exceed 20 percent of that part of such surplus earnings as may be attributable to the production or services effort of any given production or other facility operated by or under the jurisdiction or supervision of the administration shall be creditable to the operating budget of the state operated penal institution upon which the production facility or services activity was based; (8) To borrow money and to pledge any or all property owned by the administration as security therefor; (9) To receive from any source, including, but not limited to, the state, municipalities and political subdivisions of the state, and the federal government, gifts and grants for its corporate purposes; (10) To hold, use, administer, and expend such sum or sums as may be appropriated by authority of the General Assembly or the Office of Planning and Budget for any of the purposes of the administration; (11) To provide training facilities for the prerelease rehabilitation and education of inmates confined in the state penal system; and (12) To contract with any department, agency, or instrumentality of the state and any political subdivision thereof for the furnishing of any service which the Department of Offender Rehabilitation may provide.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1983. MOTOR TRUCKSMAXIMUM WIDTH, LENGTH AND WEIGHT CHANGED. Code Title 32, Chapter 6 Amended. No. 558 (Senate Bill No. 260). AN ACT To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to size and weight and width of vehicles and loads, so as to authorize vehicles whose width does not exceed 102 inches upon certain highways; to authorize the operation of tractor-semitrailer-trailer combinations and semitrailers up to 48 feet in length upon certain highways; to change the weight provisions so as to provide for the enforcement of the bridge formula for vehicle weights up to 80,000 pounds; to authorize tandem axles up to 40,680 pounds when the total gross weight of the vehicle and load is under 73,280 pounds; to authorize the Department of Transportation to enter into agreements with the United States Secretary of Transportation and to promulgate reasonable rules and regulations to ensure the department's compliance with federal vehicular weight and length laws; to exempt from application of the bridge formula for three years those vehicles registered with the Department of Revenue prior to April 1, 1983; to delete the table in Code Section 32-6-26; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1799

Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to size and weight and width of vehicles and loads, is amended by striking Code Section 32-6-23, relating to the weight of vehicles and loads, in its entirety and substituting in lieu thereof a new Code Section 32-6-23 to read as follows: 32-6-23. Unless otherwise provided in this Code section or exempted in Code Section 32-6-25 or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle shall exceed a total outside width, including any load thereon, of 96 inches, not including mirrors and accessories attached thereto, provided that buses which do not exceed a width of 102 inches, exclusive of mirrors and accessories attached thereto, may be operated on any street, road, or highway; and provided, further, that vehicles, excluding buses, with a total outside width, including any load thereon, that do not exceed 102 inches, exclusive of mirrors and accessories attached thereto, shall be allowed to operate upon all fully limited access highways designed to National System of Interstate and Defense Highways standards and upon any additional road, street or highway on the State Highway System which the department determines is appropriate to provide reasonable access requirements in compliance with Public Law 97-987 and on which the department has posted appropriate signs specifying that use by such vehicles is authorized. Section 2 . Said article is further amended by striking Code Section 32-6-24, relating to length of vehicles and loads, in its entirety and substituting in lieu thereof a new Code Section 32-6-24 to read as follows: 32-6-24. (a) (1) As used in this article, the terms: (A) `Combination of vehicles' means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operating in a truck tractor-semitrailer-trailer combination. (B) `Semitrailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported.

Page 1800

(C) `Trailer' shall be defined as a detachable load-carrying unit designated to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor. (D) `Truck tractor' shall be defined as the noncargo carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit. (2) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle or combination of vehicles and load shall exceed a total length of 60 feet and no semitrailer shall exceed 48 feet in length in a truck tractor-semitrailer-combination and no truck tractor-semitrailer-trailer combination shall be allowed except the department shall allow a semitrailer length of no more than 48 feet when operated as a truck tractor-semitrailer combination and a semitrailer or trailer length of no more than 28 feet when operated as a truck tractor-semitrailer-trailer combination provided that such vehicles may exceed 60 feet in length and shall only operate upon all fully limited access highways designed to National System of Interstate and Defense Highways standards and upon any road, street, or highway on the State Highway System which the department determines is appropriate to provide reasonable access requirements in compliance with Public Law 97-987 and on which the department has posted appropriate signs specifying that use by such vehicles is authorized. The department may permit the operation of a semitrailer which exceeds 45 feet in length without highway designation: (A) If the semitrailer was manufactured prior to July 1, 1980, and the total length of the combination of vehicles is 55 feet or less; or (B) If the length of the semitrailer is more than 45 feet but not more than 48 feet and the total length of the combination of vehicles does not exceed 55 feet, and the gross weight of the vehicle and its load does not exceed 50,000 pounds.

Page 1801

(3) The length limitations described in this Code section shall be exclusive of safety and energy conservation devices, such as rear view mirrors, turn signal lamps, marker lamps, steps and handholds for entry and egress, flexible fender extensions, mudflaps and splash and spray suppressant devices, load-induced tire bulge, refrigeration units or air compressors, air deflection and other devices, which the department may interpret as necessary for safe and efficient operation of commercial motor vehicles, except that no device excluded under this paragraph from the limitations of this Code section shall have by its design or use the capability to carry cargo. (4) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a trip permit issued pursuant to Code Section 32-6-28, or for vehicles transporting motor vehicles; when the vehicle and load or combination of vehicles and load exceeds 60 feet, no load shall be so situated as to extend beyond the front or rear of the vehicle or semitrailer or trailer on which it is carried. (b) (1) As used in this subsection, the term `processing plant' means a business engaged in manufacturing poles and pilings for commercial purposes. (2) Loads of poles, logs, pilings, lumber, structural steel, timber structural members, piping, and prestressed and precast concrete may exceed the length of 60 feet without requiring a permit when they are single length pieces and no pieces are loaded end to end, but a single trip permit shall be required if the total length of such vehicle and load exceeds 75 feet. In addition to the single trip permits so required in this paragraph for vehicles exceeding 75 feet in length, an annual permit for these vehicles may be secured if the motor vehicles are transporting poles and pilings from the woods to the processing plant or transporting poles for utility companies when such poles cannot be readily dismantled or separated. (3) Vehicles transporting motor vehicles (commonly known as automobile carriers) shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to automobile carriers.

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(4) Vehicles transporting live poultry shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to vehicles hauling live poultry. Section 3 . Said article is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 32-6-26, relating to weight of vehicle and load, in their entirety and substituting in lieu thereof new paragraphs (1) and (2) to read as follows: (1) Except when so authorized by a permit issued pursuant to Code Section 32-6-28, no wheel on any vehicle operated upon any public road of this state equipped with high pressure pneumatic, solid rubber, or cushion tires shall carry a load which exceeds 8,000 pounds by more than 13 percent or an axle load which exceeds 16,000 pounds by more than 13 percent; no wheel equipped with low pressure pneumatic tires shall carry a load which exceeds 9,000 pounds by more than 13 percent or any axle load which exceeds 18,000 pounds by more than 13 percent. An axle load shall be defined as the total load on all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart. Without regard to any other limitation in this Code section for tandem axle loads, any vehicle or combination of vehicles that is over 55 feet in length shall be limited to a maximum of 34,000 pounds for each set of tandem axles, except that the 34,000 pound tandem axle limitation shall not apply to the exceptions contained in paragraph (2) of subsection (b) of Code Section 32-6-24. If the driver of any vehicle can comply with the requirements of this Code section by shifting the load and does so when requested by the proper authority, the driver shall not be held to be operating in violation of this Code section. (2) (A) Notwithstanding paragraph (1) of this subsection, the maximum total gross weight of any vehicle and load shall not exceed 80,000 pounds and a tandem axle weight of 34,000 pounds, provided the overall gross weight in pounds on a group of two or more consecutive axles shall be as determined by the following formula; however, any axle which can be raised or lowered, with respect to the horizontal plane of the vehicle, either mechanically, hydraulically, by air pressure, or by any other means, shall not be counted, except that axles utilized by vehicles which were manufactured prior to July 1, 1978, as an individual or additional axle when determining gross weights authorized by the formula:

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W = 500 (LN/N-1) + 12N + 36 Where W = overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L = distance in feet between the extreme of any group of two or more consecutive axles, and N = number of axles in group under consideration; except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each provided the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more; provided, further, that the maximum gross weight to be allowed on a tandem axle for a vehicle or combination of vehicles carrying a gross weight of less than 73,280 pounds shall be 40,680 pounds, except that for vehicles and combinations of vehicles exceeding 55 feet in length the tandem weight shall be limited to 34,000 pounds; provided, further, that the maximum gross weight to be allowed on a tandem axle shall be 34,000 pounds for a vehicle or combination of vehicles carrying a gross weight of more than 73,280 pounds. For determining gross weights on a tandem axle, a tandem axle shall be defined as two or more consecutive axles whose centers may be included between parallel vertical planes spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle. (B) Subject to the provisions of this article, the department is authorized, on behalf of the state, to enter into agreements with the United States Secretary of Transportation as provided in Section 127 of Title 23 of the United States Code relating to the control of vehicle weight and width limitations. The department is authorized to take action in the name of the state to comply with the terms of such agreement and to promulgate such rules and regulations necessary to ensure the department's compliance with federal laws and for the issuing of the special permit under this subsection. The department is authorized to reach an agreement with the United States Secretary of Transportation, pursuant to the above and may include in such agreement that any vehicles which were registered with the Department of Revenue prior to April 1, 1983, may be exempt from application of the formula for purposes of determining maximum allowable gross weight or combination of axle weights by axle grouping under the formula,

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and shall be allowed the use as an individual or additional axle, when determining total gross weights, any axle which can be raised or lowered, with respect to the horizontal plane of the vehicle, either mechanically, hydraulically, by air pressure, or by any other means, provided the total gross weight of such vehicle or combination of vehicles does not exceed 73,280 pounds and such vehicle or combination of vehicles complies with the provisions of paragraph (1) of this subsection; provided, further, that such vehicle or combination of vehicles shall be required to obtain a special permit from the department, which shall be nontransferable, for identification purposes and that such exemption shall terminate on April 1, 1986. Section 4 . Said article is further amended by deleting the table in subsection (a) of Code Section 32-6-26, relating to weight of vehicle and load, in its entirety. Section 5 . Said article is further amended by striking subparagraphs (C) and (D) of paragraph (1) of subsection (b) of Code Section 32-6-28, relating to permits for excess weight and dimensions, in their entirety and substituting in lieu thereof new subparagraphs (C) and (D) to read as follows: (C) Whose total load length exceeds 75 feet; (D) Whose total width exceeds 102 inches or whose load width exceeds 144 inches; or. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1983.

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DISTRICT ATTORNEYS EMERITUSDUTIES, ETC. Code Title 47, Chapter 12 Amended. No. 559 (Senate Bill No. 96). AN ACT To amend Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to district attorneys emeritus, so as to change the provisions relating to practicing law while serving as district attorney emeritus; to change the provisions relating to the duties of district attorneys emeritus; to provide for the exemption of rights and benefits from taxation, levy, and sale; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to district attorneys emeritus, is amended by striking Code Section 47-12-81, relating to practicing law while serving as district attorney emeritus, in its entirety and substituting in lieu thereof a new Code Section 47-12-81 to read as follows: 47-12-81. District attorneys emeritus are prohibited from practicing law in any cases against the State of Georgia in any of the courts of this state or of the United States. Section 2 . Said chapter is further amended by striking Code Section 47-12-83, relating to the duties of district attorneys emeritus, in its entirety and substituting in lieu thereof a new Code Section 47-12-83 to read as follows: 47-12-83. It shall be the duty of each district attorney emeritus to consult with and advise the district attorney of his former circuit. Section 3 . Said chapter is further amended by adding at the end thereof a new Code Section 47-12-101 to read as follows: 47-12-101. The right to a retirement benefit, district attorney emeritus salary, return of contributions, any optional benefit, or any

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other right accrued or accruing to any person under this chapter and the moneys in the fund are exempt from any state, county, or municipal tax; exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and shall not be assignable, except as otherwise specifically provided for in this chapter. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1983. CORRECTIONAL INSTITUTIONSPUNISHMENT OF INMATESLEAVE PRIVILEGES OF INMATES. Code Title 42, Chapter 5 Amended. No. 560 (House Bill No. 458). AN ACT To amend Code Section 42-5-58 of the Official Code of Georgia Annotated, relating to the punishment of inmates generally in correctional institutions and to transfers of inmates, so as to change the provisions relating to the use of certain restraints; to amend Article 4 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to granting of special leaves, emergency leaves, and limited leave privileges to inmates of penal institutions, so as to provide that such leaves and leave privileges shall be granted to inmates serving murder sentences only under certain limited circumstances; 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 42-5-58 of the Official Code of Georgia Annotated, relating to the punishment of inmates generally in correctional

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institutions and to transfers of inmates, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 42-5-58 to read as follows: 42-5-58. (a) Whipping of inmates and all forms of corporal punishment shall be prohibited. All shackles, manacles, picks, leg irons, and chains shall be barred from use as punishment by any penal institution operated under authority of the board. In transferring violent or potentially dangerous inmates within an institution or between facilities, handcuffs, leg chains, waist chains, and waist belts may be utilized. Handcuffs, leg chains, waist chains, and waist belts may also be used in securing violent or potentially dangerous inmates within an institution and in public and private areas such as hospitals, clinics; but in no event may handcuffs, leg chains, waist chains, and waist belts be used as punishment. Provided, however, if the accused becomes violent in the courtroom, restraints may be used. (b) The department shall restrict punishment for an infraction of correctional rules and regulations to isolation and restricted diet or to uniform standard humane punishment which the department may deem necessary for the control of inmates. Section 2 . Article 4 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to granting of special leaves, emergency leaves, and limited leave privileges to inmates of penal institutions, is amended by adding a new Code Section 42-5-85 to read as follows: 42-5-85. (a) No special leave, emergency leave, or limited leave privileges shall be granted to any inmate who is serving a murder sentence unless the commissioner has approved in writing a written finding by the department that the murder did not involve any aggravating circumstance. (b) As used in this Code section only, the term `aggravating circumstance' means that: (1) The murder was committed by a person with a prior record of conviction for a capital felony; (2) The murder was committed while the offender was engaged in the commission of another capital felony, aggravated battery, burglary, or arson in the first degree;

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(3) The offender, by his act of murder, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person; (4) The offender committed the murder for himself or another, for the purpose of receiving money or any other thing of monetary value; (5) The murder of a judicial officer, former judicial officer, district attorney or solicitor, or former district attorney or solicitor was committed during or because of the exercise of his official duties; (6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person; (7) The murder was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim; (8) The murder was committed against any peace officer, corrections employee, or fireman while engaged in the performance of his official duties; (9) The murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; or (10) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement of himself or another. (c) The department shall make a finding that a murder did not involve an aggravating circumstance only after an independent review of the record of the trial resulting in the conviction or of the facts upon which the conviction was based. 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 April 5, 1983. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACLASSIFICATION OF MEMBERS. Code Section 47-2-296 Enacted. No. 561 (Senate Bill No. 81). AN ACT To amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employees' Retirement System of Georgia, so as to provide that persons who become employees of the state as a result of a county probation system becoming a part of the state-wide probation system shall have the right to remain members of local retirement systems under certain conditions; to define the term local retirement system; to provide that such employees may become members of the Employees' Retirement System of Georgia and may transfer certain service as an employee of a county probation system to the Employees' Retirement System of Georgia under certain conditions; to provide that the employees of certain county probation systems which become a part of the state-wide system shall have the additional option of retiring under a local retirement system if qualified to retire under such system; to provide that certain employees of certain county probation systems shall remain members of a local retirement system and shall not have the option to become members of the Employees' Retirement System of Georgia; to authorize certain counties to supplement the state salaries paid to certain employees who become employees of the Department of Offender Rehabilitation; to provide for control over conflicting laws or ordinances; to provide procedures, requirements, and other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employees' Retirement System of Georgia, is amended by adding at the end of said Part 9 a new Code Section 47-2-296 to read as follows: 47-2-296. (a) As used in this Code section, the term `local retirement system' means a retirement or pension system maintained by a county which includes as members thereof employees of the county probation system which becomes a part of the state-wide probation system, and the term includes any such retirement or pension created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia. (b) Any person becoming an employee of the state at any time on or after July 1, 1984, as a result of being employed by a county probation system which became a part of the state-wide probation system administered by the Department of Offender Rehabilitation shall have the options and rights provided for by this Code section, subject to the limitations of subsection (f) of this Code section. The options available to any such employee under this Code section must be exercised within six months after the date the applicable county probation system became a part of the state-wide probation system. The option provided by subsection (e) of this Code section must be exercised on or before the date the county probation system becomes a part of the state-wide probation system. Any such option shall be exercised by such employee notifying, in writing, the Board of Trustees of the Employees' Retirement System of Georgia, the commissioner of offender rehabilitation, the governing authority of the applicable county, and, when applicable, the board or trustees or other managing body of any local retirement system of which the employee is a member. If the employee is a member of a local retirement system, such membership shall continue pending the exercise of an option provided by this Code section. The choice made by an employee in selecting an option provided by this Code section shall be irrevocable and may not at any time thereafter be rescinded or modified. (c) If an employee subject to this Code section was a member of a local retirement system at the time the applicable county probation system became a part of the state-wide probation system, such

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employee, subject to the limitations of subsection (f) of this Code section, may either continue active membership in the local retirement system as provided in this subsection or become a member of the Employees' Retirement System of Georgia and transfer creditable service as an employee of the local retirement system to the Employees' Retirement System of Georgia as provided in subsection (d) of this Code section. Such employees who are subject to the provisions of subsection (e) of this Code section shall have the additional option to retire under the local retirement system, if qualified therefor, as provided in said subsection (e). An employee electing to continue membership in a local retirement system shall have the right to continue such membership and the salary received by such employee as an employee of the Department of Offender Rehabilitation or other state department shall be the salary of such employee for all purposes under the local retirement system. If applicable to any such employee, any county supplement to the state salary of such employee shall be included as salary for the purposes of a local retirement system in which such employee continues membership. Such employee shall continue to pay the employee contributions required under the local retirement system; and, for such purposes, the Department of Offender Rehabilitation or other state department if the employee subsequently becomes employed by another department of the state government may enter into an agreement with the board of trustees or other managing body of the local retirement system whereby the department may deduct such employee contributions from the compensation of the employee and pay the amount deducted to the local retirement system. Employer contributions for continued membership in the local retirement system shall be computed at the same percentage rate applicable to all other state employees and shall be paid by the Department of Offender Rehabilitation or by another state department when applicable to the local retirement system. An employee continuing membership under a local retirement system under this subsection shall retain all rights, benefits, and privileges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county. An employee electing to continue membership in a local retirement system shall not be and may not become a member of the Employees' Retirement System of Georgia. (d) An employee who was a member of a local retirement system as provided in subsection (c) of this Code section may elect to become a member of the Employees' Retirement System of Georgia, except as otherwise provided by subsection (f) of this Code section. Any such

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employee so electing may obtain creditable service under the Employees' Retirement System of Georgia for all accredited service previously rendered as an employee of the applicable local retirement system. For each employee so electing, the governing authority of the applicable county or the board of trustees or other managing body of the applicable local retirement system, within 30 days after receiving the notice provided for in subsection (b) of this Code section, shall pay to the Board of Trustees of the Employees' Retirement System of Georgia a portion of the total employee contributions plus interest made by the employee to the local retirement system. This payment shall be equal to the employee contribution plus interest which would have been accumulated had the employee always been covered by the Employees' Retirement System of Georgia. Any additional amount, as determined by the Board of Trustees of the Employees' Retirement System of Georgia, shall be paid by the local retirement system to a maximum of prior county contributions plus interest. Any further additional sum required will be paid by the local governing authority. These two sums together with the contributions of transferring employees plus interest shall be sufficient to grant the creditable service under the Employees' Retirement System of Georgia authorized by this subsection without creating any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System of Georgia. The employee contributions paid to the board of trustees under this subsection shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the board of trustees under this subsection shall be deposited by the board into the pension accumulation fund. Upon receiving the payments provided for by this subsection, the board of trustees shall enter the creditable service provided for by this subsection upon the records of the member. The employee contributions in an amount exceeding those necessary to cover the period of creditable service as a state employee under the Employees' Retirement System of Georgia shall be refunded to the employee upon application to the board of trustees of the local retirement system. (e) This subsection shall not apply to the employees of a county probation system of 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. The employees of other county probation systems subject to the provisions of this Code section who were members of a local retirement system shall have the additional option of retiring under the local retirement system if such employees have sufficient creditable service under the local retirement system to

Page 1813

qualify for retirement benefits. Such option may be exercised by any such employee making application for retirement to the board of trustees or other managing body of the local retirement system. Any such employee electing to retire under a local retirement system shall not be eligible to transfer any creditable service under the local retirement system to the Employees' Retirement System of Georgia and, if the employee accepts employment as an employee of the Department of Offender Rehabilitation, shall become a member of the Employees' Retirement System of Georgia at the time the county probation system becomes a part of the state-wide probation system. (f) This subsection shall apply only to employees of a county probation system of a county having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census. The employees of any such county probation system who were members of a local retirement system and who have ten or more years of creditable service under the local retirement system at the time the county probation system becomes a part of the state-wide probation system shall not have the option to become members of the Employees' Retirement System of Georgia, and such employees shall continue active membership in the local retirement system. The provisions of subsection (c) of this Code section shall apply to such employees, except for the provisions of said Code section relative to the option to become members of the Employees' Retirement System of Georgia. (g) If an employee subject to this Code section was not a member of a local retirement system at the time the applicable county probation system became a part of the state-wide probation system, such employee shall become a member of the Employees' Retirement System of Georgia effective on the date the county probation system became a part of the state-wide probation system. Any such member may purchase as creditable service under the Employees' Retirement System of Georgia all or any portion of previous actual service rendered by the member as an employee of the applicable county probation system, except in those instances in which such member has retired or is receiving benefits from a local retirement system. Such creditable service may be purchased by the member's paying to the board of trustees all employee and employer contributions, plus regular interest thereon, under the Employees' Retirement System of Georgia for the amount of creditable service claimed in an amount sufficient to grant creditable service under the Employees' Retirement System of Georgia authorized by this subsection without creating

Page 1814

any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System of Georgia. The basis for such employee and employer contributions shall be the compensation the member received upon first becoming an employee of the Department of Offender Rehabilitation. The time limitation for exercising options provided for in subsection (b) of this Code section shall not apply to the purchase of creditable service under this subsection. Any eligible member may purchase such creditable service at any time during the first five years of membership in the Employees' Retirement System of Georgia and parts of such creditable service may be purchased from time to time during such five-year period. The board of trustees may establish payment schedules for eligible members to purchase creditable service under this subsection. (h) The provisions of this subsection shall apply only to counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census which had a county probation system whose employees are subject to the provisions of this Code section. The governing authority of a county subject to this subsection is authorized to supplement the state salaries paid to employees of the Department of Offender Rehabilitation who were employees of the county's probation system prior to its becoming a part of the state-wide probation system. Such salary supplement, if any, shall be included in the salary of any such employee for all purposes under any local retirement system in which the employee remains a member pursuant to the authority or requirements of this Code section. Such salary supplement, if any, shall not be considered state salary for the purposes of any payments made from state funds to a local retirement system to reimburse such local retirement system for employer contributions that would be made under the Employees' Retirement System of Georgia if such employees had become members of the Employees' Retirement System of Georgia pursuant to the provisions of this Code section. (i) To the extent this Code section conflicts with or is inconsistent with the provisions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this Code section shall control.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1983. REVENUE SHORTFALL RESERVEAPPROPRIATION FOR FISCAL 1983 AUTHORIZED. Code Section 45-12-93 Amended. No. 562 (House Bill No. 474). AN ACT To amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $5 million for State Fiscal Year 1983 from the revenue shortfall reserve; 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 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and midyear adjustment reserve, is amended by adding a new subsection (c) at the end thereof to read as follows: (c) Any other provision of law notwithstanding, the General Assembly of Georgia is authorized to appropriate $5 million for State Fiscal Year 1983 from the revenue shortfall reserve. 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 April 5, 1983. CHILD SUPPORT RECOVERY ACT AMENDED. Code Title 19, Chapter 11 Amended. No. 563 (House Bill No. 325). AN ACT To amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the Child Support Recovery Act, so as to clarify the procedure for acknowledging paternity; to correct punctuation; to provide definitions; to provide that garnishment based upon a court order for child support of a civil nature shall not be subject to requirements of departmental hearings; to provide for contracts; to provide for fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the Child Support Recovery Act, is amended by striking Code Section 19-11-14, relating to the liability of the father for support of a child born out of wedlock, in its entirety and inserting in lieu thereof a new Code Section 19-11-14 to read as follows: 19-11-14. Whenever a man has been adjudicated by a court of competent jurisdiction as the father of a child born out of wedlock or whenever he has acknowledged paternity under oath in an administrative hearing, in court, or by verified writing, he shall be legally liable for the support of the child in the same manner as he would owe the duty of support if the child were his child born in wedlock. The

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right of the child born out of wedlock to receive such support is enforceable in a civil action, notwithstanding any other provision of law. Section 2 . Said article is further amended by striking Code Section 19-11-19, relating to garnishment and orders to withhold and deliver in child support cases, and inserting in its place a new Code section to read as follows: 19-11-19. (a) For purposes of this Code section, the term: (1) `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 plus any premium for group accident and health insurance offered by the employer, if any. (2) `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. (b) If, after a court has issued a civil order directing child support be paid, or having received notice of the final determination of his support obligation, or having entered into a written agreement with the department to provide child support as provided in Code Section 19-11-15, the responsible parent fails to make the support payments within 30 days of the due date specified by the court order for child support of a civil nature, by the final determination or by a court order in affirmance of the final determination, or by the written support agreement, then the department shall be entitled to the process of garnishment of disposable earnings as in cases where judgment has been obtained or shall be authorized to issue an order to withhold and deliver. (c) Except in cases of a court order for child support of a civil nature, prior to the institution of garnishment proceedings or the issuance of an order to withhold and deliver, the department shall conduct a hearing to determine finally:

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(1) Whether the responsible parent has a defense or other legal excuse for his failure to make support payments; and (2) The amount of support payments which are due and owing. (d) The responsible parent shall be given at least 15 days' notice of the hearing required by subsection (c) of this Code section, which notice shall specify the amount of support payments claimed to be overdue. (e) After a final determination required by subsection (c) of this Code section that the responsible parent had no legal excuse for failing to make support payments when due, the department shall be authorized to initiate garnishment proceedings of disposable earnings under subsection (f) of this Code section or issue an order to withhold and deliver disposable earnings under subsection (g) of this Code section. (f) Pursuant to subsection (e) of this Code section, the department may initiate garnishment proceedings by causing to be made an affidavit stating the amount claimed to be due and attaching thereto a certified copy of the final determination. Bond shall not be required. All subsequent proceedings shall be the same as provided by law in relation to garnishments in other cases where judgment has been obtained. (g) (1) Pursuant to subsection (e) of this Code section, the department may issue to any employer of the responsible parent an order to withhold and deliver to the department the disposable earnings which are due, owing, or belonging to the responsible parent; provided, however, that the maximum part of the aggregate disposable earnings of the responsible parent which may be subject to such an order shall not exceed that amount which is allowed by law to be subject to garnishment. The order to withhold and deliver shall be served at the same time on the employer and on the responsible parent either personally or by certified mail, return receipt requested, and shall include a statement as to the legal authority of the department to make such an order, the amount of the debt owing to the department, the amount of disposable earnings to be withheld and delivered to the department, and a summary of subsection (a) of this Code section and paragraph (2) of this subsection. Any employer of the responsible

Page 1819

parent upon whom service is made is required to answer the order to withhold and deliver within 20 days, exclusive of the day of service, under oath and in writing, and shall file true answers to the matters inquired of therein. Based upon the answer filed by the employer, the department shall determine whether to rescind or continue the order to withhold and deliver. In the event there is in the possession of the employer any portion of the disposable earnings of the responsible parent which may be subject to the claim of the department under this article, the amount shall be withheld immediately upon receipt of the order to withhold and deliver and shall, after the 20 day period, be delivered forthwith to the department. The order to withhold and deliver shall continue to operate and require each employer to withhold and deliver to the department such amount of disposable earnings at each succeeding earnings disbursement interval until the entire overdue amount of the child support debt has been paid or until the department, after a redetermination based on change of circumstances, shall release the employer from the order to withhold and deliver. Delivery by the employer to the department of disposable earnings ordered to be withheld shall serve as full compliance with this article. (2) Any employer which fails to answer an order to withhold and deliver within the time prescribed in this subsection or fails or refuses to deliver money pursuant to the order shall be liable to the department in an amount equal to 100 percent of the value of the debt which is the basis of the order, together with costs, interest, and reasonable attorney fees. Section 3 . Said article is further amended by striking Code Section 19-11-23, relating to authority of district attorneys, and inserting in its place a new Code section to read as follows: 19-11-23. The district attorneys of this state shall be authorized to render such assistance to the department as the department may request and to file and prosecute, in any of the several courts of this state or of the United States, such civil or criminal actions on behalf of the department as may be necessary to ensure the proper enforcement of this article. In those cases in which the department contracts with the district attorneys of this state for services pursuant to this title, the department shall not require non-AFDC services in the collection of child support as a condition for contracting with the district attorneys.

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Section 4 . Said article is further amended by adding at the end of Code Section 19-11-8, relating to support enforcement services, a new subsection (c) to read as follows: (c) The department shall develop a sliding scale application fee based on the applicant's income. The fee schedule will be reflected in standards established by the board but may be altered by the board in order to provide flexibility; and it is intended that the fee schedule be equitable and designed to recoup costs as nearly as possible. No fee for services shall be required if such requirement would result in the loss of federal funds to the department or any other entity. The fee will be required for the provision of non-AFDC services and will be in favor of the contracted district attorney in any circuit where that district attorney elects to include the non-AFDC collection in any contract with the department. In those cases where the district attorney does not contract for the non-AFDC function and it is performed under contract on behalf of the department, such fees shall be handled in accordance with Code Section 45-12-92. It is expressly provided that this subsection is supplementary to and not in derogation of any other provisions of the law. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1983. PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITY ACT AMENDED. Code Title 20, Chapter 3 Amended. No. 564 (House Bill No. 432). AN ACT To amend Article 6 of Chapter 3 of Title 20, known as the Private Colleges and Universities Facilities Authority Act, so as to change

Page 1821

the short title; to redefine certain terms and define new terms; to change the name of the authority; to provide for loan assistance to students or parents or both to finance the attendance of students at institutions for higher education; to authorize the authority to issue revenue bonds for such purposes; 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 6 of Chapter 3 of Title 20, known as the Private Colleges and Universities Facilities Authority Act, is amended by striking Code Section 20-3-200, relating to the short title, in its entirety and substituting in lieu thereof a new Code Section 20-3-200 to read as follows: 20-3-200. This article may be cited as the `Private Colleges and Universities Authority Act.' Section 2 . Said article is further amended by striking Code Section 20-3-201, relating to definitions, in its entirety and substituting in lieu thereof a new Code Section 20-3-201 to read as follows: 20-3-201. As used in this article, the term: (1) `Authority' means the Private Colleges and Universities Authority created by this article and any successor or successors thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article. (2) `Bond,' `bonds,' or `revenue bonds' means revenue bonds of the authority issued under this article, including revenue refunding bonds, notwithstanding that such bonds may be secured by a mortgage or the full faith and credit of a participating institution for higher education or any other lawfully pledged security of a participating institution for higher education. (3) `Borrower' means any student who has received an education loan or any parent who has received or agreed to repay an education loan.

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(4) `Construction project' means a structure or structures available for use as a dormitory or other student housing facility; a dining hall; student union; administration building; academic building; library; laboratory; research facility; classroom; athletic facility; health care facility; maintenance, storage, or utility facility; and other structures or facilities related thereto or required or useful for the instruction of students or the conducting of research or the operation of an institution of higher education, whether proposed, under construction, or completed, including parking and other facilities or structures essential or convenient for the orderly conduct of such institution for higher education; shall also include landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which it is intended but shall not include any items the costs of which are customarily deemed to result in a current operating charge and shall not include any facility used or to be used for sectarian instruction or as a place of religious worship nor any facility which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination. `Construction project' also means any one or more buildings or structures owned, leased, or operated by an institution for higher education, including, without limitation, hospitals; clinics; extended-care facilities; emergency-care facilities; out-patient facilities; alcohol and drug detoxification facilities; training facilities for nurses, interns, physicians, dentists, or other staff members; housing for nurses, residents, and interns; medical and dental office facilities; and other structures or facilities related thereto or required or useful for such purposes, whether proposed, under construction, or completed, including parking and other facilities or structures essential or convenient for such purposes; and shall also include landscaping, site preparation, furniture, equipment and machinery, and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which it is intended but shall not include any items the costs of which are customarily deemed to result in a current operation charge. The term `construction project' also means and includes the acquisition, construction, improvement, or modification of any property, whether real or personal, which shall be suitable for or used as or in connection with an exhibition hall, museum, or other structure or structures for the display by an institution of higher education of the works of its students or faculty or of professional or other artists.

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(5) `Cost,' as applied to a project or any portion thereof financed under this article, means, if such project is a construction project, all or any part of the cost of construction, acquisition, alteration, enlargement, reconstruction, and remodeling of a construction project, including all lands, structures, real or personal property, rights, rights of way, franchises, easements, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates, and interests acquired or used for or in connection with a construction project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved; the cost of all machinery and equipment; financing charges; underwriters' commissions or discounts; interest prior to, during, and for a period of six months following estimated completion of such construction and acquisition; provisions for reserves for principal and interest and for extensions, enlargements, additions, and improvements; the cost of architectural, engineering, financial, and legal services, plans, specifications, studies, surveys, estimates of cost and revenues; administrative expenses; expenses necessary or incident to determining the feasibility or practicability of constructing the construction project; and such other expenses as may be necessary or incident to the construction and acquisition of the construction project, the financing of such construction and acquisition, and the placing of the construction project in operation. If such project is an education loan program, the term `cost,' as applied to a project or portion thereof financed under the provisions of this article, means all or any part of the moneys needed to fund the loan program and the expenses of administration and operation of such education loan program, including the fees and expenses of persons engaged by the authority or by a participating institution for higher education to originate or service education loans or to conduct financial feasibility studies. All funds paid or advanced for any of the purposes aforesaid by any institution for higher education prior to the issuance of any of the authority's revenue bonds may be refunded to such institution out of the proceeds of any revenue bonds so issued. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under this article for such project.

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(6) `Cost of attendance' means the amount defined by the participating institution for higher education for the purpose of the guaranteed student loan program as defined in Title IV, Part B, of the Higher Education Act of 1965, 20 U.S.C.A. Section 1071 et seq., as said statute existed on January 1, 1983. (7) `Education loan' means a loan which is made by a participating institution for higher education pursuant to this article to a student or parents, or both, in amounts not in excess of the maximum amounts specified in this paragraph to finance the student's attendance at such institution. The maximum loan amount shall not exceed: (A) In the case of a borrower who is a student, the student's cost of attendance for the period of time for which the loan is made minus the following amounts applicable to such period of time: (i) The amount of grant which the student receives under the federal Pell Grant program authorized under Title IV, Part A, of the Higher Education Act of 1965, 20 U.S.C.A. Section 1070 et seq., whether or not the student has made application for such grant; (ii) The maximum net guaranteed student loan proceeds which the student receives pursuant to Title IV, Part B, of the Higher Education Act of 1965, 20 U.S.C.A. Section 1071 et seq., whether or not the student has made application for such loan; (iii) The amount of scholarships, grants, or other nonrepayable assistance received by the student from government agencies, educational institutions, or private institutions or organizations; and (iv) The amount of loan proceeds which the student receives pursuant to Title IV, Part E, of the Higher Education Act of 1965, 20 U.S.C.A. Section 1087aa et seq.; and (B) In the case of a borrower who is a parent, the student's cost of attendance minus:

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(i) The amounts determined pursuant to subparagraph (A) of this paragraph; and (ii) The amount of loan, if any, which the student receives pursuant to this article. (8) `Education loan program' means a program for making education loans from moneys provided by the authority instituted by any one or more participating institution or institutions for higher education. (9) `Institution for higher education' means a nonprofit educational institution which is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, which provides a program of education beyond the high school level and which: (A) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (B) Provides an educational program for which it awards a bachelor's degree or provides an educational program, admission into which is conditioned upon the prior attainment of a bachelor's degree or its equivalent, for which it awards a postgraduate degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree; and (C) Is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by the university system and its educational units for credit on the same basis as if transferred from an institution so accredited, or any nonprofit corporation organized, controlled, and administered by such an institution for the purpose of making education loans to students of such institution; provided, however, that a nonprofit educational institution which is otherwise an institution for higher education as defined in this paragraph shall be deemed to be an institution for higher education notwithstanding such institution's maintenance of a special early-admission policy for gifted high school students.

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(10) `Parent' or `parents' means any parent or guardian or the parents or guardians of a student at a participating institution for higher education. (11) `Project' means a construction project or an education loan program, or both, as the case may be. (12) `Property' means any real, personal, or mixed property or any interest therein, including, without limitation, any real estate, appurtenances, buildings, easements, equipment, furnishings, furniture, improvements, machinery, rights of way, and structures, or any interest therein. (13) `Revenues' means, with respect to any project, the rents, purchase installments, loan repayment proceeds, fees, charges, and other moneys derived by the authority therefrom in connection with the lease, sale, or financing thereof. (14) `Student' means any individual who possesses a certificate of admission or enrollment at a participating institution for higher education and who satisfies any requirements established by such institution with respect to participation in the education loan program maintained by such institution. Section 3 . Said article is further amended by striking Code Section 20-3-202, relating to the creation of the Private Colleges and Universities Facilities Authority, in its entirety and substituting in lieu thereof a new Code Section 20-3-202 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 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 IV, Paragraph VII 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

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expiring January 1, 1980; two shall be appointed for a term expiring January 1, 1982; and one shall be appointed for a term expiring January 1, 1984. Thereafter, each member shall be appointed for a six-year term. The Governor shall fill the unexpired term of any member so appointed who shall cease to serve. All members appointed shall serve until their successors are appointed and qualified and any member may be reappointed. Immediately after each such appointment, such member of the authority shall enter upon his duties. The authority shall elect one of its members as chairman and another as vice-chairman and shall appoint a secretary, who need not be a member of the authority. The 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. Section 4 . Said article is further amended by striking code Section 20-3-203, relating to the purpose, powers, and duties of the authority, in its entirety and substituting in lieu thereof a new Code Section 20-3-203 to read as follows: 20-3-203. The purpose of the authority shall be to assist institutions for higher education. The exercise by the authority of the powers conferred by this article shall be deemed and held to be the performance of an essential public function. For the purpose of this article, the authority shall have the powers and duties set forth in this Code section: (1) To adopt an official seal and alter the same at its pleasure; (2) To bring or defend any action; (3) To maintain an office at such place or places as it may designate;

Page 1828

(4) To determine the location and character of any construction project financed under this article; to acquire, construct, reconstruct, remodel, maintain, manage, enlarge, alter, add to, repair, operate, lease as lessee or lessor, sell, or otherwise dispose of any construction project in any manner it deems to the best advantage of the authority and the purposes thereof and to insure such construction project against any and all risks as such insurance may, from time to time, be available; to enter into contracts for any or all of such purposes; and to permit participating institutions for higher education to perform all of the foregoing as the authority's agent. Contracts entered into by the authority may be negotiated and shall not be subject to any laws governing public contracts or requiring competitive bidding; (5) To finance projects for participating institutions for higher education through the issuance of authority revenue bonds and the lending of such revenue bond proceeds to the participating institution for higher education under such loan agreements or repayment contracts as the authority deems necessary or appropriate; (6) To issue revenue bonds of the authority for any of its corporate purposes and to fund or refund them, all as provided in this article; (7) To fix and revise from time to time and charge and collect rates, rents, purchase payments, fees, and charges for the use and for the services furnished or to be furnished by a project or any portion thereof or in connection with the financing thereof; and to contract with this state and its agencies, instrumentalities, departments, and political subdivisions and any person, partnership, association, or corporation or other body, public or private, in respect thereto; (8) To establish rules and regulations for use of or eligibility for any project or any portion thereof; to designate a participating institution for higher education as its agent to establish rules and regulations for the use of or eligibility for a project undertaken for that participating institution for higher education; and to establish rules, regulations, and policies necessary, appropriate, or convenient for the administration of its affairs, the execution of its powers, duties, and functions, and the accomplishment of its corporate purposes;

Page 1829

(9) To employ consulting engineers, architects, attorneys, bond counsel, accountants, construction and financial experts, fiscal agents, superintendents, managers, such entities as the authority shall deem necessary to provide education loan origination and administration assistance to the authority or to a participating institution for higher education with respect to any education loan program, and such other employees and agents as may be necessary in its judgment and to fix their compensation; provided, however, that all costs, fees, and expenses incurred in connection with the employment of any persons as permitted by this paragraph shall not be an obligation of the state or any political subdivision thereof but must be payable solely from the proceeds of obligations issued by the authority or from revenues received by the authority from participating institutions for higher education as reimbursement for its administrative costs and expenses; (10) To receive and accept from any source, other than state or local public funds, loans, contributions, gifts, or grants for or in aid of the construction of a project or any portion thereof in either money, property, labor, or other things of that value; and, when required, to use such funds, property, or labor only for the purposes for which it was loaned, contributed, given, or granted; (11) To make loans to any participating institution for higher education for the cost of a project in accordance with a financing agreement between the authority and the participating institution for higher education, provided that no such loans shall exceed the total cost of the project as determined by the participating institution for higher education and approved by the authority; (12) To make loans to a participating institution for higher education to refund outstanding obligations or advances issued, made, or given by such participating institution for higher education for the cost of the project; (13) To charge to and apportion among participating institutions for higher education the administrative costs and expenses incurred by the authority in the exercise of the powers and duties conferred upon it by this article; (14) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds in the manner more fully set forth in Code Section 20-3-204, which revenue bonds shall be

Page 1830

payable solely from funds pledged for that purpose; and to provide for the payment of such bonds and for the rights of the holders thereof; (15) To pledge, mortgage, or convey by deed to secure debt, chattel mortgage, or bill of sale to secure debt all or any portion of any construction project and any other educational facilities conveyed to the authority for such purpose and the site or sites thereof, whether presently owned or subsequently acquired, for the benefit of the holders of the bonds of the authority issued to finance such construction project or any portion thereof or issued to refund or refinance outstanding indebtedness of a participating institution for higher education as permitted by this article; (16) To issue bonds for the purpose of refunding or refinancing the outstanding indebtedness of a participating institution for higher education, whether or not outstanding prior to or after April 4, 1978, provided that such indebtedness was originally incurred for the purpose of paying the cost of a project as defined in this article; (17) To exercise any power usually possessed by private corporations performing similar functions, provided the exercise of such power is not in conflict with the Constitution and laws of this state; (18) To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of this state or its political subdivisions may be invested; and (19) To do all things necessary or convenient to carry out the powers expressly given in this article and any amendment hereto. Section 5 . Said article is further amended by striking subsection (a) of Code Section 20-3-204, relating to the issuance of revenue bonds by the authority, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The authority is authorized from time to time to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as defined in Code Section 20-3-202 of any of its projects. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other

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obligations of any nature owed by the authority, whether or not such revenue bonds or other obligations shall then be subject to redemption, and the authority may provide for such arrangements as it may determine for the payment and security of the revenue bonds being issued or for the payment and security of the revenue bonds or other obligations to be paid off, refunded, or refinanced. The principal, premium, if any, and interest of such revenue bonds shall be payable solely from the revenues, receipts, and earnings to be received by the authority in connection with the lease, sale, financing arrangement, or other disposition of the project for which the revenue bonds were issued. All revenue bonds issued by the authority are declared to be negotiable for all purposes, notwithstanding their payment from a limited source and without regard to any other law or laws. The authority may limit the negotiability of its obligations by issuing them in nonnegotiable or registered form or by providing for future registration under such terms and conditions as it may choose. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1983. ANNUAL SALARIES OF CERTAIN STATE OFFICIALS CHANGED. Code Section 45-7-4 Amended. No. 565 (House Bill No. 189). AN ACT To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state

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officials, so as to change certain of such salaries and allowances; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, is amended by striking paragraphs (2), (4), (7), (11), (12), and (14) of subsection (a) in their entirety and inserting in lieu thereof the following: (2) Lieutenant Governor 39,900.00 (4) Commissioner of Agriculture 49,900.00 (7) Commissioner of Insurance 49,900.00 (11) Each member of the Public Service Commission 49,900.00 (12) State Revenue Commissioner 49,900.00 (14) Secretary of State 49,900.00 Section 2 . Said Code section is further amended by striking the first undesignated paragraph of paragraph (22) of subsection (a) in its entirety and inserting in lieu thereof the following: Each member of the General Assembly shall also receive the allowances provided by law, except that each member shall receive an expense allowance in the sum of $59.00 per day and shall receive the same mileage allowance for the use of a personal car when devoted to official business as that received by other state officials and employees.

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Section 3 . Said Code section is further amended by striking the second undesignated paragraph of paragraph (22) of subsection (a) in its entirety and inserting in lieu thereof the following: 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 $4,800.00 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 4 . This Act shall become effective July 1, 1983. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1983.

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GEORGIA PUBLIC REVENUE CODE AMENDED. Code Title 48 Amended. No. 566 (House Bill No. 421). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, so as to change the name of a committee; to provide procedures for appeals of assessments to the State Board of Equalization; to provide for perfection of service of notice of assessment by refused or unclaimed mail; to provide for execution and levy to collect fees, licenses, penalties, interest, and collection costs due the state; to provide for the time of attachment of and priority of tax liens; to provide procedures for preventing tax executions from becoming dormant; to provide for jurisdiction over garnishments on tax executions; to provide for entry of satisfaction of tax executions; to provide for liability of successors to businesses with unpaid withholding tax or sales and use tax; to provide criminal penalties for failure to comply with a notice of delinquency of income tax withholding, for failure to comply with special accounting procedures for income tax withholding, and for willfully failing to file required motor fuel tax reports; to fix the rates of excise taxation on cigars and cigarettes; 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 . Title 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, is amended by striking subsections (a), (c) and (d) of Code Section 48-2-18, relating to the State Board of Equalization, and inserting in their place new subsections to read as follows: (a) There is established a board composed of the Attorney General, the commissioner, the state auditor, the chairman of the Ways and Means Committee of the House of Representatives, and the chairman of the Banking and Finance Committee of the Senate which is authorized to settle and compromise any proposed tax assessment, any final tax assessment, or any tax fi. fa., the collection of which, because of the insolvency of the taxpayer or the questionable

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legal position of the state, is doubtful and the settlement or compromise of which is in the best interests of the state. A majority of the board shall be empowered to settle and compromise. The commissioner shall keep a record of all settlements and compromises made and the reasons for each settlement and compromise. (c) As chairman and chief administrative officer of the board, the commissioner shall furnish to the board all necessary records and files and in this capacity may compel the attendance of witnesses and the production of books and records or other documents as he is empowered to do in the administration of the tax laws. After final approval by the State Board of Equalization of the digest of proposed assessments made by the commissioner and after any adjustments by the board as authorized by this Code section are made, the commissioner shall notify within ten days each taxpayer in writing of the proposed assessment of its property and shall state in the notice that the taxpayer shall have 20 days after the date on which the notice was mailed in which to submit to the commissioner a written appeal of the proposed assessed valuation and request a hearing on the appeal. (d) (1) If a timely appeal and request for a hearing is not made, the proposed assessment shall become final and conclusive at the close of the twentieth day after the notice was mailed. Except as otherwise specifically provided by law for one or more of the classes of persons who return their properties to the commissioner, the due date for the payment of taxes and the accrual of interest and penalty shall be as provided by laws applicable to property taxpayers generally. (2) If a timely appeal and request for a hearing is made, the taxpayer shall pay as they would become due in the absence of an appeal all taxes which are not disputed, based upon the values stated in the taxpayer's return and any other basis for relief authorized by state or federal law, together with any applicable interest and penalty. During the pendency of the appeal before the State Board of Equalization and any subsequent judicial review interest shall accrue at the rate provided by Code Section 48-2-40 on all unpaid amounts that are finally determined to be payable. (3) The State Board of Equalization shall have jurisdiction to hear and determine all issues raised by the taxpayer in the appeal. The board shall make findings of fact and conclusions of law and issue an order embodying its decision.

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(4) The State Board of Equalization may conduct hearings itself or it may appoint one or more hearing officers on a full or part-time basis to conduct hearings and prepare recommended dispositions for consideration by the board. The board acting through the commissioner and its hearing officers shall have authority to: (A) Administer oaths and affirmations; (B) Sign and issue subpoenas for trial and for discovery and otherwise authorize and regulate discovery in proceedings before the board by the same methods prescribed by law for discovery in civil actions in the superior courts of this state; (C) Rule upon offers of proof; (D) Regulate the course of hearings, including their time, place, and any continuances thereof; (E) Take official notice of judicially recognizable facts; (F) Receive and consider nonprivileged matters not strictly admissible under the rules of evidence, giving them such weight as appears proper in the circumstances; and (G) Reprimand and exclude from a hearing any person for indecorous or improper conduct committed at or during a hearing. (5) If any person willfully fails or refuses to obey a subpoena issued pursuant to paragraph (4) of this subsection, it shall be the duty of the judge of the superior court of any county, upon application of the board or the hearing officer, to issue an attachment for such witness and compel him to attend and give his testimony upon such matters as shall be lawfully required; and said court shall have power to punish for contempt as in other cases of refusal to obey the process and order of such court and in case of a failure to make discovery by a party may impose sanctions under Code Section 9-11-37. (6) (A) In every case, the taxpayer shall be given not less than 20 days' notice of a hearing before a hearing officer, a

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hearing before the board, or a hearing by the board on the findings and recommendations of the hearing officer. Unless waived, a complete record of proceedings shall be made at each such hearing. (B) In the case of a hearing before a hearing officer, the taxpayer shall be given a copy of the findings and recommendations of the hearing officer. (C) In the case of a hearing by the board on the findings and recommendations of a hearing officer, the taxpayer may file with the board written objections and may appear before the board to argue such objections. (D) In every case, a copy of the final decision of the board shall be delivered to the taxpayer by personal service or by registered or certified mail, return receipt requested. (7) The notice and appeal procedures provided for in this Code section shall not apply to any decision of the board relating to the assessed value of motor vehicle property. (e) The taxpayer may appeal the final decision of the board to the superior court given jurisdiction by subsection (a) of Code Section 48-2-59. Such an appeal may be initiated by an appeal filed by the taxpayer with the board within 30 days of service or receipt of the decision of the board. The board should certify the appeal and the record before the board within 30 days of receipt of the taxpayer's appeal. The review in superior court shall be on the record certified by the board and shall be limited to the issues specified in the taxpayer's appeal to the board. The decision of the board shall be taken as prima facie correct and the superior court shall affirm if the decision is supported by substantial evidence on the record as a whole. As used in this subsection, the term `substantial evidence' means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Section 2 . Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 48-2-45, relating to service of notices of tax assessment, and inserting in its place a new paragraph to read as follows:

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(3) If no return receipt is on file or if notice is returned through the mail, the notice shall be by personal service; except that, if the notice mailed by registered, certified, or first-class mail, as provided in this subsection, is returned through the mail as `refused' or `unclaimed,' the notice shall be sufficiently served. Section 3 . Said title is further amended by striking subsection (c) of Code Section 48-2-55, relating to attachment and garnishment for delinquent taxes, and inserting in its place a new subsection to read as follows: (c) In case of neglect or refusal by a taxpayer to pay any taxes, fees, licenses, penalties, interest, or collection costs due the state, the commissioner or his authorized representative may levy upon all property and rights to property belonging to the taxpayer, except such as are exempt by law, for the payment of the amount due, together with interest on the amount, any penalty for nonpayment, and such further amount as shall be sufficient for the fees, costs, and expenses of the levy. As used in this subsection, the term `property and rights to property' includes, but is not limited to, any account in or with a financial institution. Section 4 . Said title is further amended by striking Code Section 48-2-56 which reads as follows: 48-2-56. (a) Except as otherwise provided in this Code section, liens for all taxes due the state or any county or municipality in the state shall cover the property of taxpayers liable to tax from the time fixed by law for valuation of the property in each year until such taxes are paid and shall cover the property of tax collectors or tax commissioners and their sureties from the time of giving bond until all the taxes for which they are responsible are paid. Liens for taxes are superior to all other liens and shall rank among themselves as follows: (1) Taxes due the state; (2) Taxes due counties of the state; (3) Taxes due school or other special tax districts of the state; and

Page 1839

(4) Taxes due municipal corporations of the state. (b) The lien for taxes imposed by Article 1 of Chapter 9 of this title shall not have priority as against: (1) Any bona fide mortgagee, holder, or transferee of a deed to secure debt; or (2) Any pledgee, judgment creditor, or purchaser of or from persons liable for the tax imposed by Article 1 of Chapter 9 of this title; where the rights of such mortgagee, holder, or transferee of a deed to secure debt, pledgee, judgment creditor, or purchaser have attached prior to the time notice of the lien has been filed by the commissioner in the office of the superior court of the county in which the principal place of business is located or in the county where property of the person liable for payment of the motor fuel tax is located. (c) Liens for taxes shall not be changed by this chapter and shall be the same as existed prior to January 1, 1980. (d) The lien for any ad valorem tax shall not be superior to the title and operation of a security deed when the tax represents an assessment upon property of the taxpayer other than that property specifically covered by the title and operation of a security deed. (e) The lien of a specific or occupation tax shall not be superior to the title and operation of a security deed recorded prior to the time the execution for the tax has been entered on the general execution docket in the office of the clerk of the superior court of the county in which the affected property is located. (f) When real property located within this state is transferred between the date on which the tax lien on the property vests and the date on which the tax evidenced by the tax lien becomes due and payable, the tax lien on the transferred property shall not extend to cover any other real property of the transferor. (g) A person who is a dealer under Chapter 8 of this title, relating to sales and use taxation, shall be considered to be a taxpayer for the purposes of this Code section with respect to any liability of the dealer for sales and use tax collections.,

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and inserting in its place a new Code Section 48-2-56 to read as follows: 48-2-56. (a) Except as otherwise provided in this Code section, liens for all taxes due the state or any county or municipality in the state shall arise as of the time the taxes become due and unpaid and all tax liens shall cover all property in which the taxpayer has any interest from the date the lien arises until such taxes are paid. (b) Except as otherwise provided in this Code section, liens for taxes are superior to all other liens and shall be paid before any other debt, lien, or claim of any kind. Liens for taxes shall rank among themselves as follows: (1) Taxes due the state; (2) Taxes due counties of the state; (3) Taxes due school and other special tax districts of the state; and (4) Taxes due municipal corporations of the state. (c) The lien for taxes imposed by Article 1 of Chapter 9 of this title, relating to motor fuel taxes, shall not have priority as against: (1) Any bona fide mortgagee, holder, or transferee of a deed to secure debt; or (2) Any pledgee, judgment creditor, or purchaser of or from persons liable for the tax imposed by Article 1 of Chapter 9 of this title; where the rights of such mortgagee, holder, or transferee of a deed to secure debt, pledgee, judgment creditor, or purchaser have attached prior to the time notice of the lien has been filed by the commissioner in the office of the superior court of the county in which the principal place of business is located or in the county where property of the person liable for payment of the motor fuel tax is located. (d) (1) Liens for any ad valorem taxes shall cover the property of taxpayers liable to tax from the time fixed by law for valuation

Page 1841

of the property in each year until such taxes are paid and shall cover the property of tax collectors or tax commissioners and their sureties from the time of giving bond until all the taxes for which they are responsible are paid. (2) The lien for any ad valorem tax shall not be superior to the title and operation of a security deed when the tax represents an assessment upon property of the taxpayer other than property specifically covered by the title and operation of the security deed. (3) When real property located within this state is transferred between the date on which any ad valorem tax lien on the property vests and the date on which the tax evidenced by the tax lien becomes due and payable, the ad valorem tax lien on the transferred property shall not extend to cover any other real property of the transferor. (e) The lien for taxes imposed by the provisions of Article 2 of Chapter 7 of this title, relating to certain income taxes, shall: (1) Arise and cover all property of the taxpayer as of the time a tax execution for these taxes is entered upon the general execution docket; and (2) Not be superior to the lien of a prior recorded instrument securing a bona fide debt. Before the lien provided for in this subsection shall attach to real property it shall be recorded in the county where the real property is located. (f) The lien for taxes imposed by the provisions of Article 5 of Chapter 7 of this title, relating to withholding taxes, shall: (1) Arise and attach to all property of the defaulting employer on the date of the assessment of the taxes by operation of law or by action of the commissioner; (2) Not be superior to the lien of a prior recorded instrument securing a bona fide debt; and (3) Not be superior to the lien of a subsequent bona fide purchaser or lender for value recorded prior to the time the

Page 1842

execution for the tax has been entered on the general execution docket in the office of the superior court of the county in which the property affected is located. Before the lien provided for in this subsection shall attach to real property it shall be recorded in the county where the real property is located. (g) (1) The lien of a specific or occupation tax shall not be superior to the title and operation of a security deed recorded prior to the time the execution for the tax has been entered on the general execution docket in the office of the clerk of the superior court of the county in which the affected property is located. (2) As used in this subsection the term `specific or occupation tax' means all state, county, and municipal taxes and all state licenses and fees except: (A) The taxes imposed by Article 1 of Chapter 9 of this title; (B) Ad valorem taxes; (C) The taxes imposed by Article 2 of Chapter 7 of this title; and (D) The taxes imposed by Article 5 of Chapter 7 of this title. The term includes, but is not limited to, sales and use taxes, corporate net worth taxes, estate taxes, real-estate transfer taxes, taxes on financial institutions, alcohol and tobacco taxes, road taxes on motor carriers, excise taxes, license fees, tax liabilities of corporate officers and business successors, and tax collections of a person who is a dealer under Chapter 8 of this title relating to sales and use taxation. (h) Liens for taxes existing prior to the effective date of this Code section shall not be changed by this Code section. On and after the effective date of this Code section this Code section shall govern the time of creation of all tax liens and the priority of all tax liens.

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Section 5 . Said title is further amended by striking Code Section 48-3-1, relating to levy of tax executions, and inserting in its place a new Code section to read as follows: 48-3-1. The commissioner may issue an execution for the collection of any tax, fee, license, penalty, interest, or collection costs due the state. The execution shall be directed to all and singular sheriffs of this state or to the commissioner or his authorized representatives and shall command them to levy upon the goods, chattels, lands, and tenements of the taxpayer. Each sheriff shall execute the execution as in cases of writs of execution from the superior courts. Whenever any writ of execution has been issued by the commissioner, the taxpayer, in order to obtain a determination of whether the tax is legally due, may tender to the levying officer his affidavit of illegality to the execution and, upon his payment of the tax if required as a condition precedent by the law levying the tax or upon his giving a good and solvent bond in such an amount to cover the total of any adverse judgment plus costs where the law does not require the payment of the tax as a condition precedent, the levying officer shall return the affidavit of illegality, except as otherwise provided by law, to the superior court of the county of the taxpayer's residence. The affidavit of illegality shall be summarily heard and determined by the court. Section 6 . Said title is further amended by striking subsection (a) of Code Section 48-3-12, relating to garnishments on tax executions, and inserting in its place a new subsection to read as follows: (a) When any tax collector or tax commissioner can find no property belonging to a defendant on which to levy any tax execution in his hands, he shall make an entry to that effect on the execution. The tax collector or tax commissioner then may issue summons of garnishment against any person whom he believes to be indebted to the defendant or who has property, money, or effects in his hands belonging to the defendant. The summons of garnishment shall be served by the tax collector, tax commissioner, the sheriff, the sheriff's deputy, or any constable of the county in which the garnishee resides. The summons shall be served at least 15 days before the sitting of the court to which the summons is made returnable and shall be returned to either the superior court or the state court of the county in which the tax collector or tax commissioner holds office. Section 7 . Said title is further amended by striking paragraph (2) of Code Section 48-3-21, relating to period of limitation for tax executions, which reads as follows:

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(2) In cases of executions and entries on executions issued on judgments, the time of the last entry upon the tax execution by the officer authorized to execute and return the execution if the execution and entry are properly entered or reentered upon the execution docket and books in which executions and entries are required to be entered or reentered, or both., and inserting in its place a new paragraph to read as follows: (2) The time of the last entry upon the tax execution by the officer authorized to execute and return the execution if the execution and entry are properly entered or reentered upon the execution docket or books in which executions issued on judgments and entries on executions issued on judgments are required to be entered or reentered. Section 8 . Said title is further amended by adding a new Code Section 48-3-28 to read as follows: 48-3-28. An entry of satisfaction shall be made on the execution docket as soon as reasonably possible after a tax execution has been fully satisfied. Section 9 . Said title is further amended by striking Code Section 48-7-106, relating to withholding tax statements, and inserting in its place a new Code section to read as follows: 48-7-106. (a) On or before February 28 of each year for the preceding calendar year or on or before the thirtieth day after the date on which the final payment of wages is made by an employer who has ceased to pay wages, an employer shall file with the commissioner an annual or a final return, as the case may be, on a form prescribed by the commissioner. The employer shall attach to the return copies of the receipts required to be furnished under Code Section 48-7-105 for the period covered by the return. (b) The commissioner may grant a reasonable extension of time, not exceeding 30 days, for filing the annual or final return required by this Code section. (c) If an employer liable for any withholding tax, interest, or penalty levied pursuant to this chapter sells out his business or stock of goods or equipment or quits the business, he shall file the final

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return as required in subsection (a) of this Code section. The employer's successor or assigns, if any, shall withhold a sufficient amount of the purchase money to cover the amount of the withholding taxes, interest, and penalties due and unpaid until the former owner provides a receipt from the commissioner showing that the taxes, interest, and penalties have been paid or a certificate from the commissioner stating that no withholding taxes, interest, or penalties are due. (d) If the purchaser of a business or stock of goods or equipment fails to withhold the purchase money as required by this Code section, he shall be personally liable for the payment of the withholding tax, interest, and penalties accruing and unpaid by any former owner or assignor. The personal liability of the purchaser in such a case shall not exceed the amount of the total purchase money, but the property being transferred shall in all cases be subject to the full amount of the tax lien arising from the delinquencies of the former owner. Section 10 . Said title is further amended by adding at the end of Code Section 48-7-127, relating to income tax withholding penalties and interest, two new subsections to read as follows: (h) (1) It shall be unlawful for any person to violate the provisions of subsection (c) of Code Section 48-7-108 with respect to notice of delinquency. (2) Any person who violates paragraph (1) of this subsection with respect to notice of delinquency shall be guilty of a misdemeanor. (i) (1) It shall be unlawful for any person to fail to comply with a notice of the commissioner requiring compliance with subsection (b) of Code Section 48-7-109.1, providing for special accounting under the current income tax payment law. (2) In addition to other penalties provided by law, any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor unless there was a reasonable doubt as to whether the law required collection of the tax or as to who was required by law to collect the tax or the failure to comply was due to circumstances beyond his control.

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(3) For the purposes of this subsection, a lack of funds existing immediately after the payment of wages, whether or not created by the payment of such wages, shall not be considered to be circumstances beyond the control of a person. Section 11 . Said title is further amended by striking Code Section 48-8-46, relating to final return and payment of sales and use tax, and inserting in its place a new Code section to read as follows: 48-8-46. If any dealer liable for any tax, interest, or penalty imposed by this article sells out his business or stock of goods or equipment or quits the business, he shall make a final return and payment within 15 days after the date of selling or quitting the business. The dealer's successor or assigns, if any, shall withhold a sufficient amount of the purchase money to cover the amount of the taxes, interest, and penalties due and unpaid until the former owner produces either a receipt from the commissioner showing that the taxes, interest, and penalties have been paid or a certificate from the commissioner stating that no sales and use taxes, interest, or penalties are due. If the purchaser of a business or stock of goods or equipment fails to withhold the purchase money as required by this Code section, he shall be personally liable for the payment of any sales and use taxes, interest, and penalties accruing and unpaid by any former owner or assignor. The personal liability of the purchaser in such a case shall not exceed the amount of the total purchase money, but the property being transferred shall in all cases be subject to the full amount of the tax lien arising from the delinquencies of the former owner. Section 12 . Said title is further amended by striking Code Section 48-9-46, relating to criminal offenses involving motor fuel taxes, and inserting in its place a new Code section to read as follows: 48-9-46. (a) It shall be unlawful for any person willfully and knowingly to make a false statement orally or in writing or in the form of a receipt for the sale of motor fuel for the purpose of obtaining or attempting to obtain or assisting any other person to obtain or attempt to obtain a credit, refund, or reduction of liability for taxes under this article. (b) It shall be unlawful for any person required by this article to make a report willfully to fail to make such report at the time required by law.

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(c) Any person who violates subsection (a) or subsection (b) of this Code section shall be guilty of a misdemeanor. Section 13 . Said title is further amended by striking subsection (a) of Code Section 48-11-2, relating to excise taxation of cigars and cigarettes, which reads as follows: (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars and cigarettes in this state at the following rates: (1) Two mills each on little cigars weighing not more than three pounds per thousand; (2) Cigars retailing for: (A) 31/3 each or less..... 1.5 mills each (B) More than 31/3 each and not exceeding 5 each..... 3.0 mills each (C) More than 5 each and not exceeding 8 each..... 4.0 mills each (D) More than 8 each and not exceeding 10 each..... 7.5 mills each (E) More than 10 each and not exceeding 20 each..... 15.0 mills each (F) More than 20 each..... 20.0 mills each

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(3) Cigarettes12 per pack of 20 cigarettes and a like rate, pro rata, for other size packages., and inserting in its place a new subsection (a) to read as follows: (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars and cigarettes in this state at the following rates: (1) Little cigars weighing not more than three pounds per thousand: two mills each; (2) All other cigars: 15 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances; (3) Cigarettes: 12 per pack of 20 cigarettes and a like rate, pro rata, for other size packages. Section 14 . This Act shall become effective July 1, 1983, except that the provisions of subsection (a) of Code Section 48-2-18 contained in Section 1 shall become effective upon its approval by the Governor. Section 15 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1983.

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AD VALOREM TAXATIONDATE OF MAKING RETURNS, ETC., CHANGED. Code Title 48, Chapter 5 Amended. No. 567 (House Bill No. 530). 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 date for making tax returns; to change the date for filing application for homestead exemption; to provide that it shall be unlawful for any person, firm, or corporation to solicit, either directly or by mail or advertisement, any other person for the purpose of filing on behalf of such other person the application and schedule for homestead exemption if a fee is charged therefor; to provide for 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 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, relating to the time for making tax returns, in its entirety and substituting 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 April 1 of each year. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 48-5-45, relating to application for homestead exemptions, 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 April 1 and, in the case of an exemption from taxes levied by a consolidated city-county government, on or before April 1 of the year in which exemption from

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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 . Said Code Section is further amended by adding at the end thereof a new subsection (e) to read as follows: (e) It is unlawful for any person, firm, or corporation to solicit, either directly or by mail or advertisement, any other person for the purpose of filing on behalf of such other person the application and schedule for homestead exemption required by this Code section if a fee is charged for filing such application and schedule on behalf of such other person. A violation of this subsection shall be a misdemeanor. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1983. AD VALOREM TAXATION OF REAL PROPERTY DEVOTED TO BONA FIDE AGRICULTURAL PURPOSES. Code Title 48, Chapter 5 Amended. No. 568 (House Bill No. 230). 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

Page 1851

provide for preferential assessment of tangible real property which is devoted to bona fide agricultural purposes; to provide conditions of such assessment and penalties for breach of such conditions; to state legislative intent; 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 . It is the intent of this Act to implement certain changes imposed by Article VII, Section I, Paragraph III, subparagraph (c) of the Constitution of the State of Georgia. 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 striking Code Section 48-5-7 and inserting in its place a new Code section to read as follows: 48-5-7. (a) Except as otherwise provided in this Code section, taxable tangible property shall be assessed at 40 percent of its fair market value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's fair market value. (b) Tangible real property which is devoted to bona fide agricultural purposes as defined in this chapter and which otherwise conforms to the conditions and limitations imposed in this chapter shall be assessed for ad valorem property tax purposes at 75 percent of the value which other tangible real property is assessed and shall be taxed on a levy made by each respective tax jurisdiction according to said assessment. (c) The requirement contained in this Code section that all tax jurisdictions assess taxable tangible property at 40 percent of fair market value shall not apply to any tax jurisdiction whose ratio of assessed value to fair market value exceeded 40 percent for the tax year 1971. No tax jurisdiction so exempted shall assess at a ratio of less than 40 percent except as necessary to effect the preferential assessment provided in subsection (b) of this Code section. (d) Each notice of ad valorem taxes due sent to taxpayers of counties and municipalities shall include both the fair market value

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of the property of the taxpayer which is subject to taxation and the assessed value of the property after being reduced as provided by this Code section. Section 3 . Said article is further amended by adding a new Code Section 48-5-7.1 to read as follows: 48-5-7.1. (a) For purposes of this article, `tangible real property which is devoted to bona fide agricultural purposes ': (1) Is tangible real property, the primary use of which is good faith commercial production from or on the land of agricultural products, including horticultural, floricultural, forestry, dairy, livestock, poultry, and apiarian products and all other forms of farm products; but (2) Includes only the value which is $100,000.00 or less of the fair market value of tangible real property which is devoted to the storage or processing of agricultural products from or on the property; and (3) Excludes the entire value of any residence located on the property. (b) No property shall qualify for the preferential ad valorem property tax assessment provided for in subsection (b) of Code Section 48-5-7 unless: (1) It is owned by one or more natural or naturalized citizens; or (2) It is owned by a family-farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree by civil reckoning, and such corporation derived 80 percent or more of its gross income for the year immediately preceding the year in which application for preferential assessment is made from bona fide agricultural pursuits carried out on tangible real property located in this state, which property is devoted to bona fide agricultural purposes. (c) No property shall qualify for said preferential assessment if such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock

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ownership, receiving in any tax year any benefit of preferential assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide agricultural purposes, such taxpayer shall apply for preferential assessment only as to 2,000 acres of such land. (d) No property shall qualify for preferential assessment unless and until the owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in bona fide agricultural purposes for a period of at least ten years beginning on the first day of January falling after the date of his application for preferential assessment and ending on the last day of December of the tenth year of the convenant period. After the expiration of any ten-year convenant period, the property shall not qualify for further preferential assessment until and unless the owner of the property enters into a renewal covenant for an additional period of ten years. (e) No property shall maintain its eligibility for preferential assessment unless a valid covenant remains in effect and unless the property is continuously devoted to bona fide agricultural purposes during the entire period of the covenant. (f) If any change in ownership of such qualified property occurs during the covenant period, all qualification requirements must be met again before the property shall be eligible to be continued for preferential assessment. If ownership of the property is acquired during a covenant period by a person qualified to enter into an original covenant, by a newly formed corporation the stock in which is owned by the original covenantor or others related to the original covenantor within the fourth degree by civil reckoning, or by the personal representative of an owner who was a party to the covenant then the original covenant may be continued by such acquiring party for the remainder of the term in which event no breach of the covenant shall be deemed to have occurred. (g) A penalty shall be imposed under this subsection if, during the first nine years of the period of the original covenant, excluding renewals, entered into by a taxpayer, the covenant is breached. The amount of the penalty shall be computed as follows: (1) If the property has received preferential assessment for fewer than five tax years, multiply the total amount by which such

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preferential assessment has reduced taxes otherwise due for those years times: (A) A factor of five if the property has received preferential assessment for one year; (B) A factor of 2.5 if the property has received preferential assessment for two years; (C) A factor of 1.66 if the property has received preferential assessment for three years; or (D) A factor of 1.25 if the property has received preferential assessment for four years; or (2) If the property has received preferential assessment for five or more tax years, total the amount by which such preferential assessment has reduced taxes which would have otherwise been due for: (A) The five tax years for which preferential assessment was granted if the property has received preferential assessment for five years; (B) The four most recent tax years for which preferential assessment was granted if the property has received preferential assessment for six years; (C) The three most recent tax years for which preferential assessment was granted if the property has received preferential assessment for seven years; (D) The two most recent tax years for which preferential assessment was granted if the property has received preferential assessment for eight years; or (E) The one most recent tax year for which preferential assessment was granted if the property has received preferential assessment for nine years; and (3) Multiply the amount determined under paragraph (1) or (2) of this subsection times a factor of three.

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(h) A penalty imposed under subsection (g) of this Code section shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (i) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected as other unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein the preferential assessment has been granted based upon the total amount by which such preferential assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section. (j) The penalty imposed by subsection (g) of this Code section shall not apply in any case where a covenant is breached solely as a result of: (1) The acquisition of part or all of the property under the power of eminent domain; (2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of an owner who was a party to the covenant. (k) All applications for preferential assessment, including the covenant agreement required under this Code section, shall be filed before January 1 of the tax year for which such preferential assessment shall be first applicable. Applications for preferential assessment shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (l) The Commissioner shall by regulation provide uniform application and covenant forms to be used in making application for preferential assessment. Such application shall include an oath or affirmation by the taxpayer that he has not at any time received, or made a pending application for, preferential assessment in the same

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or another county with respect to any property which taken together with property for which application is then being made exceeds 2,000 acres. (m) The Commissioner shall annually submit a report to the Governor and members of the General Assembly which shall show the fiscal impact of the preferential assessment provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of the preferential assessment; approximate tax dollar losses, by county, to all local governments affected by such preferential assessment; and any recommendations regarding state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply to all tax years beginning on or after January 1, 1984. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1983. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACREDITS FOR PRIOR SERVICE. Code Title 47, Chapters 2 and 6 Amended. No. 570 (House Bill No. 107). AN ACT To amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to credit for the Employees' Retirement System

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of Georgia for prior service, so as to provide credit for certain military service; to provide for contributions; to provide that credit for such military service shall not be used to qualify for retirement because of involuntary separation; to amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, so as to add a new definition of prior service; to allow prior service credit for military service during any period when a military draft was in effect for members who were honorably discharged from military service; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to credit for the Employees' Retirement System of Georgia for prior service, is amended by adding at the end thereof a new subsection (g) to read as follows: (g) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States at any time from January 1, 1954, until December 31, 1956, as determined by the person's official military records, may purchase such active duty military service credit, exclusive of reserve service, by paying the required employee contributions on the compensation last paid to the member as an employee prior to entering military service or the compensation first paid to the member as an employee after returning from military service plus 15 percent interest on said employee contributions, compounded annually to date of payment; provided, however, that no service in the armed forces shall be deemed as creditable under any provisions of this subsection if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended. To be eligible to receive credit for military service under this subsection, the individual shall purchase such credit prior to January 1, 1984. Under no circumstances shall credit for military service obtained pursuant to the authority of this subsection be used to qualify for retirement as a result of involuntary separation. Section 2 . Chapter 6 of Title 47 of the Official Code of the Official Code of Georgia Annotated, relating to the Georgia Legislative

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Retirement System, is amended by adding between paragraphs (8) and (9) of Code Section 47-6-1, relating to definitions, a new paragraph (8.1) to read as follows: (8.1) `Prior service' shall also include military service which is creditable under Code Section 47-6-70.1 of this chapter. Section 3 . Said Chapter 6 of Title 47 is further amended by adding immediately following Code Section 47-6-70 a new Code Section 47-6-70.1 to read as follows: 47-6-70.1. Any member who served on active duty in the armed forces of the United States during any period when a military draft was in effect and who was honorably discharged from military service may receive prior service credit under this chapter for such active duty military service subject to the following conditions and requirements: (1) This Code section shall apply only to those members who have eight or more years of creditable service under this chapter; (2) Prior service credit for military service under this Code section may be obtained under a ratio of one year of credit for military service for each five years of creditable service, not considering creditable service under this Code section, or, for military service of less than a full year, under a ratio of credit for one month of military service for each five months of creditable service; (3) No prior service credit for military service may be obtained under this Code section if credit for such military service has been or may be obtained under any other provision of this chapter; (4) No prior service credit for military service may be obtained under this Code section if such military service has or may be used in the determination of the member's eligibility for retirement benefits or allowances under any other state retirement or pension system, any retirement or pension system of a political subdivision, or any federal retirement or pension program, except social security and those retirement programs covered under Public Law 810, 80th Congress, as amended;

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(5) The total amount of prior service credit for military service may not exceed five years for all military service which is creditable as prior service under this chapter; and (6) The member must pay to the board of trustees the regular employee contribution of 7 1/2 percent of compensation based on the compensation received by members of the General Assembly during legislative sessions at the time the military service was rendered plus interest on such employee contributions at the rate of 7 percent per annum compounded annually from the time the military service was rendered until the date of payment. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1983. STATE EMPLOYEES; TEACHERS AND PUBLIC SCHOOL EMPLOYEES RETIREMENTLAW AMENDED. Code Title 47 Amended. No. 571 (House Bill No. 273). AN ACT To amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions under the Employees' Retirement System of Georgia, so as to change the provisions relative to the definition of employee; to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide for a new definition; to change the provisions relative to the definition of a teacher; to provide that certain personnel may elect membership in the Employees' Retirement System of Georgia; to amend Code Section 47-4-101 of the

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Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, so as to change the provisions relating to the amount of the retirement benefit; 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 47-2-1 of the Official Code of Georgia Annotated, relating to definitions under the Employees' Retirement System of Georgia, is amended by adding between paragraphs (16) and (17) a new paragraph (16.1) to read as follows: (16.1) The word `employee' may include new certified professional personnel employed on and after July 1, 1983, for the first time by the State Board of Education or by the State Department of Education only if such personnel elect membership in the retirement system pursuant to subsection (h) of Code Section 47-3-60. As used in this paragraph, the term `certified professional personnel' shall have the meaning provided for in paragraph (8.1) of Code Section 47-3-1. Section 2 . Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by adding between paragraphs (8) and (9) of Code Section 47-3-1, relating to definitions, a new paragraph (8.1) to read as follows: (8.1) `Certified professional personnel' means employees of the State Board of Education or the State Department of Education who, by policy of the State Board of Education, are required to possess a valid professional certificate issued by the State Department of Education. Section 3 . Said chapter is further amended by striking subparagraph (F) of paragraph (28) of Code Section 47-3-1, relating to definitions, in its entirety and substituting in lieu thereof a new subparagraph (F) to read as follows: (F) Any new certified professional personnel employed for the first time by the State Board of Education or by the State Department of Education on and after July 1, 1983, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (h) of Code Section 47-3-60, and any employee

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of the State Board of Education or the State Board of Vocational Education employed in a teaching, supervisory, or clerical capacity,. Section 4 . Said chapter is further amended by adding at the end of Code Section 47-3-60, relating to membership in the retirement system, a new subsection (h) to read as follows: (h) New certified professional personnel employed for the first time by the State Board of Education or by the State Department of Education on and after July 1, 1983, shall become members of the retirement system as a condition of employment, unless such personnel elect membership in the Employees' Retirement System of Georgia at the time of their employment. Such election shall be made in writing to the board of trustees of this retirement system and to the board of trustees of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Education or the State Department of Education. The State Board of Education shall provide by regulation for informing prospective employees who are to be employed as certified professional personnel of the option provided for by this subsection so that such personnel may choose membership in this retirement system or the Employees' Retirement System of Georgia at the time of their employment. Section 5 . Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees 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) Upon retirement on his normal retirement date, a member shall receive a monthly retirement benefit, payment of which shall commence on his normal retirement date and which shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement payment shall be $8.00 multiplied by the number of the member's years of creditable service. The retirement benefit provided under this subsection shall be payable to those members who have already retired under this chapter as well as those members who retire in the future. If the General Assembly at any time appropriates some but not all of the funds necessary to fund the retirement benefits provided for in this subsection, then the retirement benefit otherwise payable under this subsection shall be reduced pro rata by the board in accordance with the funds actually

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appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $7.00 multiplied by the member's years of creditable service. Section 6 . Sections 1 through 4 of this Act shall become effective on July 1, 1983. Section 5 of this Act shall become effective when the General Assembly appropriates the necessary funds to carry out the provisions of Section 5. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1983.

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OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 7, 1983 Joe Frank Harris 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 91, 147 and 225 which were passed by the General Assembly of Georgia at the 1983 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. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsb 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 Max Cleland, Secretary of State

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OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 7, 1983 Joe Frank Harris Governor Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 92, 332, 479, and 707 which were passed by the General Assembly of Georgia at the 1983 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. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsb Enclosures cc: Honorable Zell Miller, Leiutenant 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 Max Cleland, Secretary of State

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Veto No. 1H. B. 479 by Representatives Lawson, Wood and Jackson of the 9th House Bill 479 is a charter for the City of Lula, Georgia. This is a local bill and due to technical defects in the legislation, the local delegation has requested that I veto the bill. For this reason, I am vetoing House Bill 479. Veto No. 2H. B. 707 by Representative Groover of the 99th House Bill 707 is an attempt to address a problem legislatively which simply cannot be addressed by action of the General Assembly, absent ratification by the people of this state. The Supreme Court of Georgia has ruled that the assertion of interests adverse to the state by state lawyer-legislators is violative of the fiduciary duty imposed by the people of this state. This fiduciary duty arises out of our state constitution which mandates that public officers are the trustees and servants of the people. No statutory enactment can modify the terms of this constitutional provision. This requires a constitutional amendment. For this reason, House Bill 707 is patently unconstitutional and I must veto it. Veto No. 3H. B. 332 by Representatives Hasty of the 8th; Representative Darden of the 20th; and Representative Snow of the 1st House Bill 332 amends the law establishing, by population bracketed categories, the minimum salary for clerks of the Superior Court in each county. It would raise the minimum salary for such clerks in counties which fell within one particular population bracket. Subsequent to the passage of H. B. 332, Senate Bill 182 passed which raised the minimum salary for clerks of the Superior Court in all population brackets. After speaking with the authors of H. B. 332, I have concluded that S. B. 182 is the preferable vehicle to address the problem which H. B. 332 was intended to address. For this reason, I am vetoing H. B. 332.

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Veto No. 4S. B. 225 by Senator Engram of the 34th Senate Bill 225 provides for the release of patients' records by health service providers at the request of the patient. This bill was passed in the House by floor substitute with a floor amendment. The author of this bill objected to the House floor amendment. The House receded from its position with respect to the entire bill, thus leaving the bill in the form it passed the Senate. As a result, critical provisions which were part of the House Committee amendment were left out of the bill. For this reason, the author has requested that I veto this bill. Veto No. 5S. B. 91 by Senator Littlefield of the 6th Senate Bill 91, in addition to containing certain procedural and technical defects, represents a concept which I cannot countenance and the public will not tolerate in this day in time. Procedurally, this bill is constitutionally defective by virtue of being in violation of Article III, Section VII, Paragraph IV of the Georgia Constitution which provides that, No law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof. Nowhere in the title to this bill is there language which states that a retiree may return to work full-time for compensation with the University System without having his or her retirement benefits reduced or affected. The title, as did the original bill, refers to public officers and employees being authorized to teach evening sports and recreation courses within the University System under certain conditions. From no phrase or word in the title could the General Assembly glean that, by passage of this bill, they would be authorizing double dipping by state retirees. Technically, this bill is in conflict with House Bill 606 which I recently signed into law. House Bill 606 totally revamps the code with respect to conflict of interests laws. The author of Senate Bill 91 had the foresight to have his original bill incorporated into House Bill 606 at the proper place. If signed into law, Senate Bill 91 would amend the definitional section of our new conflict of interests law and would make absolutely no sense due to cross-references to a subsection which no longer exists.

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Conceptually, I have serious problems with the floor amendment that was attached to Senate Bill 91 in the wanning days of the session. The floor amendment authorizes any retiree of the state to return to work as a teacher or instructor with the University System, full-time for full compensation, without affecting such person's retirement benefits. The floor amendment is, pure and simple, a retirement bill. It was not introduced during the first ten days of the session. It was not reviewed by either the Senate or House Retirement Committees. It had no fiscal note attached. In short, it did not traverse the ordinary legislative process retirement bills are required to go through. Retired former employees of the state can presently return to the service of the state. As a general rule, however, retirement benefits are either suspended during such service or compensation for such service is reduced so that the retirement benefits plus the compensation received do not exceed the earnable compensation the retiree was receiving at his or her retirement. This is fair. I recently sponsored and signed into law a bill which amended the Teachers' Retirement System to authorize retired teachers to return to the schools as part-time teachers' aides or as substitute teachers. This bill was reviewed by the House and Senate Retirement Committees, had a fiscal note attached and passed both houses. This will allow our school systems to draw on the wisdom and experience of retired teachers for minimal compensation while allowing the retired teacher to continue receiving retirement benefits. This is fair. To permit the type of broad scale double dipping that would be authorized by Senate Bill 91, in my opinion, is not fair. Furthermore, the public will not stand for it. It is this type of sweetheart legislation that erodes public confidence in government and makes the jobs of dedicated public servants harder. For these reasons, I must veto Senate Bill 91. Veto No. 6H. B. 92 by Representative Colbert of the 23rd House Bill 92 is an attempt to expand the scope of the crime of interference with government property to include the use of government property for an indecent purpose. The bill also provides

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that government property includes state property, county property, municipal property, local school district property or the property of any other political subdivision of this state. In-advertently, property belonging to the various authorities of the state and local governments was not included. Much of the state's property is deeded in the name of the Georgia Building Authority and other authorities of the state. Due to this error, I must veto House Bill 92. Veto No. 7S. B. 147 by Senator Walker of the 19th; Senator Cobb of the 28th; Senator English of the 21st and others Senate Bill 147 requires state and local governmental agencies to give purchase and contract preference to domestic steel products in public works projects of more than $50,000.00, if the purchase price of the domestic steel is not more than 10 percent above the purchase price of nondomestic steel products. This bill would also allow the Governor to suspend the operation of the law if the preference proved to have a detrimental effect on the economy of this state. I am not unmindful of the problems facing our ailing domestic steel industry and am not unsympathetic with their plight. This nation is currently facing some hard economic times. These hard economic times have probably exacerbated the problems of the domestic steel industry. Many states have established the type of product preferences represented by S. B. 147. In the long run, I believe that these types of policies which create artificial markets will prove detrimental, not only to the economies of the states that have enacted them, but to the domestic steel industry itself. As Governor, I have committed myself to creating jobs for Georgians. This task involves attracting foreign industries and encouraging foreign trade and investment in Georgia. If S. B. 147 were signed into law, it would create a protectionist image for Georgia internationally and invite retaliatory policies by the nations we disfavor. This would seriously impede our efforts to bring new industry to this state and would mean fewer new jobs for Georgians.

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I think that wisdom dictates that I veto S. B. 147. Our national economy can ill afford to have the individual states, marching to the tunes of their own drummers, establishing international trade and importing policies. We would be well advised to allow our national government to establish these policies, based on what is best for the nation as a whole.

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OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 8, 1983 Joe Frank Harris 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 110, 165, 212 and 277 which were passed by the General Assembly of Georgia at the 1983 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. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsb 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 Max Cleland, Secretary of State

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OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 8, 1983 Joe Frank Harris Governor Honorable Speaker Murphy Speaker, House of Representatives President of the Senate State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bill 103 which were passed by the General Assembly of Georgia at the 1983 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. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsb 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 Max Cleland, Secretary of State

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Veto No. 8S. B. 165 by Senator Kidd of the 25th Senate Bill 165 contains many provisions finetuning and updating our elections code with respect to voter registration and absentee voting. In addition to these provisions, Section 22 of the bill authorizes public utility corporations to establish and administer a political action committee in order to receive and solicit contributions to be used for the purpose of influencing the outcome of elections for public office. In this same section, there is a prohibition against a public utility corporation making any contribution to a political campaign. Thus, this bill would allow a public utility corporation to do indirectly, by political action committee, that which it cannot do directly. For the following reasons, I must veto Senate Bill 165. Unlike private corporations, public utility corporations enjoy a protected status in Georgia. In return for the State granting public utility corporations monopolistic powers, the public utility corporations agree to be regulated by the State. It is the responsibility of the State to insure that the power granted to regulated public monopolies not be abused. The relationship between the regulator and the regulated is a complex one. The legislative process is the arena in which this relationship is defined. By its very nature, the legislative process is a political one. By influencing the political process, the legislative process is necessarily influenced. I have a fundamental problem with allowing a public utility corporation to inject itself into the political process, directly or indirectly. I can think of no greater potential for abuse than to allow the regulated to hold sway over those who shape the regulatory environment. Even the appearance of impropriety should not be allowed to taint those upon whom quasi-public authority has been conferred. I have no problem with any individual employee, officer or director employed by any public utility corporation making any type of contribution on his or her own behalf to any political campaign. This is their individual right to express their opinion on matters of concern.

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Veto No. 9S. B. 110 by Senator Brown of the 47th; Senator Kidd of the 25th and Senator Hill of the 29th Senate Bill 110 amends the Legislative Retirement System so as to increase the retirement benefits, upon retirement, of members of that System. Presently, benefits upon retirement are calculated by multiplying the number of years of creditable service by sixteen dollars. Senate Bill 110 would increase that multiplier to twenty dollars. I do not oppose reasonable increases in the Legislative Retirement System, or any other retirement system, when funds are available and when all systems are treated with relative sameness. I can think of no issue which has captured as much media and public attention during the first two months of my administration as the retirement benefits of public officials. I do not intend to foster or promote the growing public perception that public officials are using the State Retirement System to feather their own nests. This perception is not conducive to public confidence in their public officials and their government, and it simply cannot be perpetuated. Under the present economic conditions, where increases are unable to be granted for other state retirement systems, I believe it would be improper to single out this sytem for an increase at this time. For this reason I must veto Senate Bill 110. Veto No. 10S. B. 277 by Senator Gillis of the 20th; Senator Kennedy of the 4th and Senator Walker of the 19th Senate Bill 277 requires state and local governmental agencies to give purchase and contract preference to Georgia manufactured lumber products in public works projects of more than $50,000.00. Unlike Senate Bill 147, such preference is not required if the purchase price of Georgia manufactured lumber products is higher than the purchase price of other domestic or foreign made lumber products. Like Senate Bill 147, however, Senate Bill 277 is in response to these difficult economic times in attempting to create an artificial market for Georgia manufactured lumber products.

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Presently, Georgia law expresses a preference, as far as may be reasonable and practical, for the purchase of materials, supplies and equipment which have been manufactured or produced in this state. This preference has been in existence since 1933. To legislatively reiterate this preference and, in addition, impose substantial administrative burdens regarding the determination of product origin on our state and local governmental agencies, at this time is not appropriate. For this reason, I must veto Senate Bill 277. Veto No. 11S. B. 212 by Senator Garner of the 30th and Senator Barnes of the 33rd Senate Bill 212 repeals that Code Section in the law which defines naturopathy. This Code Section was left over from a 1950 Act of the General Assembly which created the Board of Naturopathic Examiners. The provisions of the 1950 Act creating the Board were repealed in 1956; however, the aforestated Code Section was left in the law in order to define naturopathy for those persons who had been licensed by the Board prior to 1956. In 1981, the Attorney General ruled that this Code Section did not allow persons to practice naturopathic medicine in the State of Georgia unless they had been previously licensed by the original Board. This ruling is presently the subject of litigation. It was obviously the intent of the 1983 General Assembly to abolish the last vestige of the 1950 Act. Although I do not endorse or condemn naturopathy, I feel that it is premature to abolish this Code Section which is now in litigation. I think it only fair, to leave the legal issues, now in litigation, exactly as they were when the appeal was perfected from the district court ruling. For this reason, I must veto Senate Bill 212. In taking this action, I am not in any way trying to take the side or justify the position that this Code Section allows unlicensed individuals to practice medicine or naturopathy in this state. I simply feel that in all fairness, we should allow the judicial process to run its course.

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Veto No. 12H. B. 103 by Representative Padgett of the 86th and Representative Groover of the 99th House Bill 103 amends the law relative to the reporting of child abuse so as to make it a misdemeanor for the news media to make public the name of any child who is reported to have been abused. Under present law, when it is discovered that a child under the age of 18 has been abused, it is the responsibility of the person who discovers such fact to report it to a child welfare agency, or in the absence of such agency, to an appropriate police authority or district attorney. The United States Supreme Court has ruled that the state cannot restrict access to public records by the press. Reports made to child welfare agencies reporting child abuse are made confidential by law, thus such reports containing the names of children reported to be abused are not in the public domain and are properly excludable from public consumption. However, once the child abuse case has been turned over to the District Attorney for prosecution and the name of the child is contained in the indictment or other public record, the name of that child is in the public domain and the press cannot constitutionally be threatened with criminal sanctions for publishing it. I am in complete agreement with the intent of the author of this bill. It is important that we protect the youthful victims of crime and abuse to the greatest extent legally possible and that we not further traumatize these child-victims. I am aware, however, that there are certain constitutional limitations imposed on the state when attempting to limit access to public records by the press. Thus while the intent of this bill is admirable, the effect, I fear, is constitutionally impermissible. For this reason, I must veto House Bill 103.

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COUNTIES AND SUPERIOR COURT CIRCUITS

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APPELLATE COURTS SUPREME COURT OF GEORGIA As of January 17, 1983 HAROLD N. HILL, JR. Chief Justice THOMAS O. MARSHALL Presiding Justice HAROLD G. CLARKE Associate Justice GEORGE T. SMITH Associate Justice HARDY GREGORY, JR. Associate Justice CHARLES L. WELTNER Associate Justice RICHARD BELL Associate Justice JOLINE BATEMAN WILLIAMS Clerk HAZEL E. HALFORD Deputy Clerk GUY M. MASSEY Reporter W. SCOTT HENWOOD Assistant Reporter COURT OF APPEALS OF GEORGIA As of January 17, 1983 ARNOLD SHULMAN Chief Judge BRASWELL D. DEEN, JR. Presiding Judge WILLIAM LeROY McMURRAY, JR. Presiding Judge J. KELLEY QUILLIAN Presiding Judge HAROLD R. BANKE Judge ANDREW 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 January 17, 1983 ALAPAHA CIRCUIT. HONS. W.D. KNIGHT, Chief Judge, Berrien County Courthouse BROOKS E. BLITCH, Judge, Clinch County Courthouse LEW S. BARROW, D.A., Berrien 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 LanierSecond 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 PHILLIPS McKENZIE, OSGOOD O. WILLIAMS, JOHN S. LANGFORD, JOEL J. FRYER, RALPH H. HICKS, FRANK M. ELDRIDGE, WILLIAM W. DANIEL, ISAAC JENRETTE, CLEARENCE 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 EMORY FINDLEY, Judge, Tattnall County Courthouse DAVID L. CAVENDER, Judge, Liberty County Courthouse DUPONT KIRK 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 October 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 NEVILLE, 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. BLENN 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, RUFE E. McCOMBS, 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 MarisonFourth 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 TaylorSecond Monday in February, June and October

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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. JOE C. CRUMBLEY, Chief Judge, Clayton County Courthouse WILLIAM H. BILL ISON, STEPHEN E. BOSWELL, 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 L. WHITE, GRANT BRANTLEY, DOROTHY A. ROBINSON, HARRIS HINES, Judges, Cobb County Courthouse TOM CHARRON, D.A., Cobb County Courthouse CobbSecond Monday in January, March, May, July, September and November CONASAUGA CIRCUIT. HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse CHARLES A. PANNELL, JR., Judge, Murray County Courthouse WILLIAM T. BOYETT, Judge, Whitfield 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 GRAY 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; third and fourth Monday in 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.

Page 1881

COWETA CIRCUIT. HONS. JOSEPH C. JACKSON, Chief Judge, Troup County Courthouse DEWEY SMITH, Judge, Carroll County Courthouse WILLIAM LEE, Judge, Coweta 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 DOUGLAS CIRCUIT. HONS. ROBERT J. NOLAND, Chief Judge, Post 1, Douglas County Courthouse ROBERT J. BOB JAMES, Judge, Post 2, Douglas County Courthouse FRANK C. WINN, D.A., Douglas County Courthouse DouglasThird Monday in January and April, third Monday in July and October DUBLIN CIRCUIT. HONS. WILLIAM MALCOLM TOWSON, Chief Judge, Laurens County Courthouse DUBIGNION (DUB) 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

Page 1882

FLINT CIRCUIT. HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse WILLIAM H. (HAL) CRAIG, 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 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, K. DAWSON JACKSON, 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 THERON 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 ChattoogaFirst Monday in February and August DadeFirst Monday in April, second Monday in October WalkerFirst Monday in May and November

Page 1883

MACON CIRCUIT. HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse WALKER P. JOHNSON, JR., THOMAS DAY WILCOX, JR., Judges, Bibb County Courthouse BRYANT CULPEPPER, Judge, Peach County Courthouse WILLIS B. SPARKS, III, 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 MIDDLE CIRCUIT. HONS. WALTER C. McMILLAN, JR., Chief Judge, Washington County Courthouse MARVIN B. HARTLEY, JR., Judge, Toombs County Courthouse RICHARD A. MALONE, 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, Presiding Judge, Habersham County Courthouse ROBERT B. STRUBLE, Judge, Stephens 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. R. (DICK) KENYON, Chief Judge, Hall County Courthouse JAMES E. PALMOUR, III, Judge, Hall County Courthouse BRUCE UDOLF, 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

Page 1884

NORTHERN CIRCUIT. HONS. WILLIAM F. GRANT, Chief Judge, Elbert County Courthouse GEORGE H. BRYANT, Judge, Hart County Courthouse LINDSAY A. TISE, JR., D.A., Hart County Courthouse ElbertThird Monday in January and fourth Monday in July HartThird Monday in February and August FranklinThird Monday in March and September MadisonThird Monday in April and October OglethorpeThird Monday in May and November OCMULGEE CIRCUIT. HONS. JOSEPH B. DUKE, Chief Judge, Baldwin County Courthouse HUGH P. THOMPSON, Judge, Putnam County Courthouse WILLIAM A. PRIOR, JR., Judge, 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, 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. WM. 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

Page 1885

PATAULA CIRCUIT. HONS. PHILLIP SHEFFIELD, Presiding Judge, Early County Courthouse LOWREY S. 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 PIEDMONT CIRCUIT. HONS. JAMES L. JIM BROOKS, Judge, Jackson County Courthouse TIMOTHY GRANT, D.A., Madison, Barrow 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 ROCKDALE CIRCUIT. HONS. CLARENCE VAUGHN, Judge, Rockdale County Courthouse ROBERT F. MUNFORD, D.A., Rockdale County Courthouse RockdaleFirst Monday in January, April, July and October 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 FloydSecond Monday in January, March, July and September; first Monday in May and November SOUTH GEORGIA CIRCUIT. HONS. A. WALLACE CATO, Chief Judge, Decatur County Courthouse WILLARD H. CHASON, Judge, Grady County Courthouse J. BROWN MOSELEY, 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

Page 1886

SOUTHERN CIRCUIT. HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County Courthouse W. G. (GUS) ELLIOTT, Judge, Lowndes County Courthouse ROY MILLER 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 SOUTHWESTERN CIRCUIT. HONS. WILLIAM F. BLANKS, Presiding Judge, Sumter County Courthouse THAD 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; Monday following the fourth Thursday in November WebsterFourth Monday in January and July STONE MOUNTAIN CIRCUIT. HONS. CLARENCE LEE PEELER, JR., Chief Judge, DeKalb County Courthouse CURTIS V. TILLMAN, CLYDE HENLEY, REEGAN FEDERAL, HILTON FULLER, JAMES H. WEEKS, DAN COURSEY, Judges, DeKalb County Courthouse BOB WILSON, D.A., DeKalb County Courthouse DeKalbFirst Monday in January, March, May, July, September and November TALLAPOOSA CIRCUIT. HONS. DAN P. WINN, Chief Judge, Polk County Courthouse ARTHUR W. FUDGER, Judge, Paulding County Courthouse W. A. (BILL) FOSTER, III, D.A., Paulding County Courthouse 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

Page 1887

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 TOOMBS CIRCUIT. HONS. ROBERT L. STEVENS, Chief Judge, McDuffie County Courthouse E. PURNELL DAVIS, 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. ELIE L. HOLTON, Chief Judge, Coffee County Courthouse CLARENCE D. BLOUNT, JOSEPH B. NEWTON, Judges, Ware County Courthouse DONNIE DIXON, 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., Clarke County Courthouse ClarkeSecond Monday in January, April, July and October OconeeSecond Monday in March and September

Page 1888

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Vacancy Declared in Office When Elected Official Qualifies for Different Office 972 OFFICIAL CODE OF GEORGIA ANNOTATED Code Revision Amendment Generally 3 Code Section 1-3-11; enacted 685 Code Title 2, Chapter 9; amended 831 Code Title 3, Chapters 3 and 4; amended 806 Code Title 3, Chapter 5; amended 1214 Code Title 3, Chapter 6; amended 1116 Code Section 3-8-1; amended 759 Code Title 4, Chapter 6; amended 1161 Code Section 5-5-42; amended 702 Code Section 6-3-21; amended 647 Code Title 7, Chapter 1; amended 602 , 661 Code Section 7-1-4; amended 493 Code Section 7-1-37; amended 532 Code Section 7-3-9; amended 479 Code Title 7, Chapter 4; amended 1146 Code Section 7-4-21; enacted 1316 Code Section 8-2-135; amended 456 Code Title 8, Chapter 3; amended 1228 Code Section 9-10-91; amended 1304 Code Title 10, Chapter 1; amended 1470 Code Section 10-1-7; amended 1430 Code Section 10-1-310; amended 1468 Code Section 10-1-393; amended 1298 Code Section 10-1-395; amended 743 Code Title 10, Chapter 1, Article 22; enacted 1548 Code Title 10, Chapter 4; amended 946 Code Section 10-5-3; amended 781 Code Section 11-3-603; amended 509 Code Title 12, Chapter 3; amended 623 Code Section 12-3-73; amended 460 Code Section 12-3-235; amended 643 , 1213 Code Section 12-4-20; amended 514 Code Title 12, Chapter 5; amended 1059 Code Section 12-5-134; amended 478 Code Section 13-10-20; amended 475 Code Title 14, Chapters 2 and 3; amended 1479 Code Section 14-2-141; amended 1299 Code Section 14-4-21; amended 506 Code Title 15, Chapter 1; amended 961 Code Title 15, Chapter 2; amended 956 Code Section 15-5-40; enacted 531 Code Title 15, Chapter 6; amended 761 Code Section 15-6-3; amended 405 , 415 , 418 Code Section 15-6-50; amended 1306

Page 1889

Code Section 15-6-77; amended 1210 Code Section 15-6-86; amended 653 Code Section 15-6-88; amended 578 Code Section 15-6-88.1; enacted 581 Code Title 15, Chapter 7; amended 1419 Code Title 15, Chapter 9; amended 482 , 544 Code Section 15-9-60; amended 404 , 867 Code Section 15-11-16; amended 829 Code Section 15-11-35; amended 539 Code Section 15-11-49; amended 1000 Code Section 15-18-14; amended 622 Code Sections 15-21-70 through 15-21-77; enacted 1094 Code Section 16-6-5.1; enacted 721 Code Section 16-8-14; amended 457 Code Title 16, Chapter 9; amended 485 Code Section 16-9-20; amended 484 , 1189 Code Section 16-9-58; enacted 485 Code Section 16-10-6; amended 1326 Code Section 16-10-52; amended 645 Code Section 16-11-105; amended 448 Code Section 16-11-107; enacted 528 Code Section 16-11-129; amended 1431 Code Section 16-11-131; amended 945 Code Title 16, Chapter 12; amended 1437 Code Title 16, Chapter 13; amended 349 Code Section 16-13-31; amended 620 Code Section 16-13-49; amended 469 Code Title 17, Chapter 6; amended 452 , 1203 Code Section 17-6-1; amended 358 Code Title 17, Chapter 7; amended 452 Code Section 17-7-110; amended 503 Code Section 17-8-26; amended 675 Code Title 17, Chapter 10; amended 665 Code Title 17, Chapter 11; amended 395 Code Title 17, Chapter 13; amended 649 Code Section 18-4-22; amended 683 Code Section 18-4-62; amended 454 Code Section 19-3-8; amended 1309 Code Section 19-9-1; amended 632 Code Title 19, Chapter 11; amended 1816 Code Title 19, Chapter 13; amended 521 Code Title 20, Chapter 2; amended 823 Code Section 20-2-3; amended 495 Code Section 20-2-151.1; enacted 1429 Code Section 20-2-187; amended 1218 Code Section 20-2-250; amended 804 Code Section 20-2-285.1; enacted 745 Code Section 20-2-772; enacted 1547 Code Title 20, Chapter 3; amended 778 , 951 , 1820 Code Title 20, Chapter 3, Part 5; amended 496 Code Section 20-3-23; amended 495

Page 1890

Code Section 20-3-31.1; enacted 496 Code Section 20-3-81; repealed 1468 Code Section 21-1-1; amended 471 Code Title 21, Chapter 2; amended 786 , 1190 Code Section 21-2-501; amended 827 Code Title 21, Chapters 2 and 3; amended 535 , 930 , 964 Code Title 21, Chapter 3; amended 786 Code Section 21-3-10; amended 402 Code Section 21-3-406; amended 686 Code Title 24, Chapter 1; amended 852 Code Section 24-7-9; amended 525 Code Title 24, Chapter 9; amended 852 Code Section 25-2-16; amended 476 Code Title 26, Chapter 2; amended 737 Code Title 26, Chapter 4; amended 1441 Code Section 26-4-72; amended 790 Code Sections 26-4-130 through 26-4-138; enacted 790 Code Title 27, Chapter 2; amended 837 Code Section 27-2-4; amended 664 Code Section 27-2-23; amended 467 Code Section 27-4-138; amended 490 Code Section 28-1-4; amended 936 Code Section 28-1-6; amended 689 Code Section 28-1-6.1; enacted 681 Code Section 28-1-11; amended 688 Code Section 28-1-14; enacted 646 , 1205 Code Section 28-2-1; amended 1123 Code Section 28-3-1; amended 385 Code Section 28-3-20; amended 494 Code Section 28-4-1; amended 722 Code Section 29-4-2; amended 669 Code Section 29-4-4.1; enacted 692 Code Title 31, Chapters 6 and 7; amended 1566 Code Title 31, Chapter 7; amended 1317 , 1323 Code Title 31, Chapter 7, Article 8; enacted 1317 , 1426 Code Section 31-7-3; amended 783 Code Section 31-7-8; amended 882 Code Section 31-7-11; enacted 1307 Code Title 31, Chapter 10; amended 732 Code Section 31-11-59; amended 694 Code Title 31, Chapter 31; enacted 941 Code Section 32-2-40; amended 400 Code Title 32, Chapter 6; amended 1798 Code Section 32-10-67; amended 635 Code Section 33-3-25; amended 473 Code Section 33-3-27; amended 882 Code Section 33-6-5; amended 699 Code Section 33-7-6; amended 864 Code Section 33-7-11; amended 938 Code Title 33, Chapter 8; amended 729 , 1595 Code Title 33, Chapter 9; amended 629

Page 1891

Code Section 33-24-50; amended 695 Code Section 33-25-3.1; enacted 616 Code Section 33-27-1; amended 464 Code Section 33-34-14; enacted 726 Code Title 33, Chapter 35; amended 748 Code Section 34-7-4; amended 659 Code Title 34, Chapter 8; amended 1153 Code Section 34-8-153; amended 1592 Code Section 34-9-2; amended 700 Code Section 34-9-81.1; enacted 700 Code Section 34-9-265; amended 700 Code Sections 35-3-60 through 35-3-65; enacted 393 Code Title 35, Chapter 6A; amended 518 Code Section 36-6-1; amended 1212 Code Section 36-9-5; amended 653 Code Section 36-32-6; enacted 825 Code Section 36-35-2; amended 545 Code Section 36-35-6; amended 468 Code Title 36, Chapter 42; amended 1346 Code Section 36-62-5; amended 1346 Code Section 36-62A-1; amended 1346 Code Title 36, Chapter 63; amended 515 Code Title 36, Chapter 82; amended 839 Code Section 36-83-3; amended 455 Code Section 37-8-53; amended 684 Code Title 38, Chapter 4; amended 1401 Code Section 40-1-1; amended 633 Code Section 40-2-29.1; enacted 1466 Code Section 40-2-42; enacted 676 Code Section 40-2-90; amended 638 Code Title 40, Chapter 5; amended 487 , 745 , 819 , 1000 Code Section 40-5-21.1; enacted 638 Code Section 40-5-103; amended 461 Code Title 40, Chapter 6; amended 1000 Code Section 40-6-395; amended 836 Code Section 40-8-73.1; enacted 1300 Code Section 40-8-76; amended 1464 Code Section 40-8-92; amended 447 Code Section 40-8-114; amended 633 Code Sections 40-8-280 through 40-8-291; repealed 691 Code Title 40, Chapter 9; amended 487 , 938 Code Section 40-12-2; amended 1474 Code Title 40, Chapter 13; amended 1000 Code Title 42, Chapter 2; amended 507 Code Title 42, Chapters 4 and 5; amended 1340 Code Title 42, Chapter 5; amended 1806 Code Section 42-5-35; amended 672 Code Section 42-5-36; amended 680 Code Title 42, Chapter 8; amended 1593 Code Section 42-8-29.1; enacted 697 Code Section 42-8-43.1; amended 421

Page 1892

Code Title 42, Chapter 9; amended 500 Code Section 42-9-39; amended 523 Code Section 42-10-4; amended 1795 Code Section 43-1-15; amended 1474 Code Title 43, Chapter 3; amended 559 Code Section 43-4-11; amended 734 Code Title 43, Chapter 5; amended 444 Code Title 43, Chapter 10; amended 1219 Code Title 43, Chapter 11; amended 1389 Code Title 43, Chapter 12; amended 1401 Code Section 43-12-2; amended 667 Code Section 43-13-6.1; enacted 667 Code Title 43, Chapter 14; re-enacted 424 Code Title 43, Chapter 26; amended 465 Code Section 43-34-27; amended 881 Code Section 43-34-33; amended 720 Code Section 43-34-37; amended 670 Code Section 43-35-7; amended 796 Code Section 43-38-11.1; enacted 489 Code Title 43, Chapter 40; amended 1411 Code Section 43-41-20; amended 679 Code Title 43, Chapter 45; amended 739 Code Title 43, Chapter 47; amended 550 Code Title 43, Chapter 48; amended 710 Code Title 43, Chapter 50; amended 705 Code Section 44-1-6; amended 471 Code Title 44, Chapter 3; amended 1508 Code Title 44, Chapter 3, Article 5; enacted 1255 Code Section 44-6-166.1; enacted 1182 Code Section 44-6-167; amended 1182 Code Section 44-7-54; amended 513 Code Title 44, Chapter 13; amended 1170 Code Title 44, Chapter 14; amended 1450 Code Section 44-14-3; amended 677 Code Section 44-14-230; amended 724 Code Section 44-14-470; amended 548 Code Title 45, Chapter 5A; enacted 1207 Code Section 45-7-4; amended 719 , 1401 , 1831 Code Title 45, Chapter 9; amended 651 Code Section 45-9-81; amended 1303 , 1469 Code Title 45, Chapter 10; amended 1326 Code Section 45-10-42; enacted 719 Code Title 45, Chapter 12; amended 1539 Code Section 45-12-93; amended 1815 Code Section 45-13-26; amended 1474 Code Section 45-16-25.1; enacted 728 Code Title 45, Chapter 19; amended 1097 Code Section 45-20-2; amended 459 Code Section 46-1-1; amended 735 Code Section 46-3-502; amended 1474 Code Title 46, Chapter 5; amended 859

Page 1893

Code Title 46, Chapter 7; amended 529 , 735 Code Section 46-7-13; amended 462 Code Section 46-7-17; amended 1474 Code Section 46-7-62; amended 1474 Code Title 46, Chapter 8; amended 445 Code Title 46, Chapter 10; amended 834 Code Title 47, Chapter 2; amended 1856 Code Section 47-2-1; amended 1859 Code Section 47-2-26; amended 637 Code Section 47-2-292; amended 655 Code Section 47-2-296; enacted 1809 Code Section 47-2-310; amended 784 Code Section 47-3-1; amended 1859 Code Section 47-3-60; amended 1859 Code Section 47-3-127; amended 949 Code Section 47-4-101; amended 1859 Code Title 47, Chapter 6; amended 1856 Code Section 47-6-70.1; enacted 1856 Code Title 47, Chapter 7; amended 1310 Code Title 47, Chapter 12; amended 1805 Code Title 47, Chapter 14; amended 555 Code Title 47, Chapter 16; amended 1185 Code Title 47, Chapter 20; enacted 1368 Code Title 48; amended 1834 Code Title 48, Chapter 2; amended 526 Code Section 48-4-42; amended 822 Code Title 48, Chapter 5; amended 576 , 716 , 1849 , 1850 Code Section 48-5-7.1; enacted 1850 Code Section 48-5-149; amended 752 Code Section 48-5-161; amended 575 Code Section 48-5-311; amended 1158 Code Section 48-5-405; amended 414 Code Title 48, Chapter 6; amended 1350 Code Section 48-6-4; amended 725 Code Title 48, Chapter 7; amended 1350 Code Sections 48-8-89.1 and 48-8-89.2; enacted 1461 Code Section 48-13-51; amended 639 Code Section 49-5-10; amended 538 , 539 Code Section 50-5-15; enacted 673 Code Section 50-5-69; amended 520 Code Section 50-5-78; amended Code Title 50, Chapter 7; amended 504 Code Section 50-7-15; enacted 499 Code Title 50, Chapter 10; amended 1026 Code Title 50, Chapter 17; amended 839 , 1024 Code Section 50-20-3; amended 641 Code Section 53-3-14; amended 511 Code Section 53-13-121; amended 1474 Code Section 53-16-5; amended 1474

Page 1894

INDEX COURTS SUPREME COURT Terms Divisions, Procedure, Records, Minutes, etc. 956 SUPERIOR COURTS Alapaha Judicial Circuit; Terms of Court 418 Appalachian Judicial Circuit; created 761 Barrow County; supplementary compensation for judge 3945 Bulloch Court; compensation of deputy clerks and other personnel 3822 Carroll County; clerk's compensation 4170 Chattahoochee County; clerk-method of compensating changed 4031 Clay County; clerk-method of compensating arranged 4167 Clerks; minimum annual salary, determination of population in certain counties 581 Clerks; minimum annual salary, fixed by county population 578 Clerk's Retirement Fund; charges for filing civil cases - benefits, etc. 555 Clerks; training required 1306 Cobb County; salary supplement of judges 4125 Cobb County; clerk and deputy clerk-compensation changed 4622 Cobb County; compensation of certain officials and employees 4698 Douglas Judicial Circuit; judges' supplement by douglas county 412 Filing Fees 1210 Flint Judicial Circuit; district attorney-investigator provided 407 Floyd County; clerk's compensation 3896 Griffin Judicial Circuit; district attorneys, county supplements 386 Gwinnett County; clerk's compensation 4034 Heard County; compensation of clerk 3978 Henry County; clerk's compensation changed 4518 Judges; salary supplements, certain counties (38,000-39,000) 403 Ocmulgee Judicial Circuit; terms of court 415 Ocmulgee Judicial Circuit; grand juries 419 Rabun County; clerk's compensation 4155 Richmond County; compensation of clerk 4173 Richmond County; compensation of district attorney 4173 Richmond County; compensation of judge 4173 Southern Judicial Circuit; supplement to compensation of judge 753 Stone Mountain Judicial Circuit; judges' salary supplements 775 Sumter County; clerk-minimum compensation 4079 Tallapoosa Circuit-terms 405 Toombs Circuit; Lincoln County grand jury, terms 774 Walker County; clerk-maximum compensation of personnel 3724 Wayne County; clerk's compensation 3933 JUVENILE COURTS Cobb County; compensation of judge 3887 PROBATE COURTS Baldwin County; compensation of judge 4085

Page 1895

Brooks County; judge-method of compensating changed 4266 Bulloch County; compensation of clerk 3820 Burke County; judge-manner of compensating changed 3904 Carroll County; compensation of judge 3892 Chattahoochee County; jurisdiction 3649 Clay County; judge-method of compensating changed-disposition of fees, costs, etc. 4231 Clayton County; compensation of judge changed 3626 Cobb County; clerk's compensation 4122 Cobb County; judge's compensation 4127 Costs in Certain Counties (38,000-38,200) 404 Early County; manner of compensating judge, disposition of fees, etc. 3927 Fulton County; judge-non partisan election 4063 Glynn County; personnel of office of judge, deputies-annual salaries 3825 Gwinnett County; judge's compensation 4034 Haralson County; compensation of judge 3734 Hart County; compensation of judge 3755 Heard County; judge's compensation 3971 Henry County; judge-compensation changed 4518 Jefferson County; method of compensation of judge changed 3809 Jones County; method of compensating judge 4051 Judges; minimum salary schedule changed, code title 15, chapter 9; amended 482 Judges; proceedings when disqualified to act 544 Judges; succession by chief deputy clerk in certain counties (550,000 or more) 544 Lawrence County; compensation of judge 3781 Liberty County; method of compensating judge changed-employment of clerk authorized-compensation 4157 Newton County; county ordinances-procedure in prosecution for violations 4350 Richmond County; judge's compensation 4173 Schedule of Costs Changed 867 Sumter County; judge-minimum compensation 4079 Tattnall County; judge-method of compensating changed 4270 Towns County; judge-mode of compensating changed, etc. 4620 Walker County; maximum compensation of personnel 3721 STATE COURTS Bibb County; warrant officer provided 4220 Candler County; governing authority authorized to fix salaries of judge and solicitor 4178 Carroll County; judge and solicitor-compensation 4346 Chattooga County; created-practice and procedure, etc.-referendum 4570 Cherokee County; judge and solicitor-salaries and supplements 4278 Clayton County; solicitor-compensation 3873 Clayton County; judge-compensation 4217 Cobb County; clerk and deputy clerk-compensation 3889 Cobb County; jurisdictions, dead docket, compensation of judges and solicitor 4223 Decatur County; judge and solicitor-compensation-terms of court 4145 DeKalb County; assistant solicitor's residency requirements deleted 3709 DeKalb County; clerk's duties re docketing documents 3726 DeKalb County; terms of court 4322

Page 1896

Dougherty County; costs, fees, procedures, court officials, compensation of judge, etc. 4238 Early County; compensation of judge and solicitor 4205 Forsyth County; judge and solicitor-salaries and supplements 4278 Fulton County; subsidy to be paid for publishing court calendar 4053 Fulton County; terms of court, etc. 4501 Gwinnett County; additional judge-election, powers, duties, etc. 4213 Jurisdiction; qualifications and compensation of judges; uniformity 1419 Liberty County; compensation of judge and solicitor 3899 Richmond County; judge's and solicitor's compensation 4173 Screven County; compensation of judge and solicitor 3923 Wayne County; judge and solicitor-compensation 3931 SMALL CLAIMS COURTS Dougherty County; court to continue as magistrates court act creating amended 4234 Early County; manner of compensating judge 3925 Newton County; fee 3750 Pickens County; established 3524 Tenell County; costs 3711 Thomas County; election of judge 3902 Wilcox County; established 3984 Worth County; jurisdictional amount-tenure of judge-fees and costs 3960 MAGISTRATES COURTS Baldwin County; constitutional requirements implemented 4027 Cobb County; election of magistrates-compensation 4376 Dougherty County; court created 4234 Douglas County; vacancies-how filled 4367 Fayette County; created 4707 Fulton County; magistrates-how appointed 4373 Hancock County; constitutional requirements implemented 4006 Jones County; appointment and compensation of judge 4081 Rockdale County; practice, procedure, jurisdiction, etc. 3651 State-wide System Created-justice courts abolished, etc. 884 MUNICIPAL-RECORDERS AND POLICE COURTS Aragon, City of; city court-punishment authority 3802 Authorized to try and dispose of certain criminal cases 825 Cedartown, City of; authority to impose punishment 3771 Flowery Branch; mayor's court-maximum fines 3693 Fort Valley; powers 3686 Gainesville, City of; jurisdiction 3688 Oakwood, City of; recorders court-maximum fines 3691 Oconee, Town of; authority of recorder's court to punish 3783 Winterville, City of; police court-punishment authority 3707

Page 1897

COUNTIES AND COUNTY MATTERS NAMED COUNTIES Atkinson County; board of commissioners, compensation, election of chairman, etc., referendum 4115 Bacon County; board of commissioners, act creating amended, commissioner districts, etc. 4538 Baldwin County; board of education, member's compensation 3878 Baldwin County; magistrates court, constitutional requirements implemented 4027 Baldwin County; probate judge, compensation 4085 Barrow County; board of commissioners, authority to assess and collect license fees and taxes 3943 Barrow County; superior court, supplementary compensation for judge 3945 Ben Hill County; tax commissioner, compensation 3768 Bibb County; authorized to dispose of certain property 3621 Bibb County; bibb county, city of macon intergovern, mental relations study commission authorized 4263 Bibb County; board of public education and orphanage, composition of education districts changed, referendum 4251 Bibb County; Macon-Bibb county water and sewerage authority act, amended 3509 Bibb County; employees pension plan, amended 3967 Bibb County; state court, warrant officer provided 4220 Brooks County; probate court-method of compensating judge changed 4266 Brooks County; special fire protection districts authorized 3695 Bulloch County; board of commissioners, clerical assistants, compensation 3731 Bulloch County; Board of commissioners, compensation of chairman and members changed 3728 Bulloch County; clerk of superior court, compensation of deputies and other personnel 3822 Bulloch County; coroner, compensation 3818 Bulloch County; probate court, compensation of clerk 3820 Bulloch County; sales tax revenues, allocation 3906 Bulloch County; sheriff, salaries of deputies and clerk changed 4662 Bulloch County; tax commissioner, compensation of assistants 3909 Burke County; commissioners, district election 3804 Burke County; probate judge, manner of compensating changed 3904 Butts County; board of education, procedure for selecting members 3940 Candler County; state court, governing authority of said county authorized to fix salaries of judge and solicitor 4178 Carroll County; office of commissioner created 4656 Carroll County; probate judge, compensation 3892 Carroll County; superior court clerk, compensation 4170 Carroll County; state court, judge and solicitor, compensation 4346 Catoosa County; clerk of superior court, salary, clerical help allowance 3790 Catoosa County; commissioner, compensation and allowances 4065 Catoosa County; sheriff, fiscal year of office changed 4068 Catoosa County; tax commissioner, allowances for clerical assistants 3794 Chatham County; board of commissioners, commissioner districts changed 4529 Chatham County; board of public education for the city of savannah and the county of chatham, members compensation changed 4153

Page 1898

Chatham County; city of savannah and chatham county school system, districts 3759 Chatham County; city of savannah and chatham county school system, terms of president and board members, referendum 4039 Chattahoochee County; probate court, jurisdiction 3649 Chattahoochee County; superior court clerk, method of compensating changed 4031 Chattooga County; state court created, practice, procedure, etc., referendum 4570 Cherokee County; state court of cherokee and forsyth counties, judge and solicitor, salaries and supplements 4278 Clay County; clerk of superior court, method of compensation changed 4167 Clay County; commissioner districts 3785 Clay County; probate court judge, method of compensating changed, etc. 4231 Clay County; sheriff, maximum salary 3894 Clay County; tax commissioner, method of compensating changed 4511 Clayton County; board of commissioners, meetings, etc. 4503 Clayton County; chairman of commissioners, compensation 3628 Clayton County; commissioner districts, reapportioned 3617 Clayton County; educational funds collected by tax commissioner, disposition 4113 Clayton County; probate judge compensation 3626 Clayton County; sheriff, clerk superior court and deputies, compensation 3737 Clayton County; state court judge's compensation 4217 Clayton County; state court solicitor's compensation 3873 Clayton County; tax commissioner and deputy tax commissioner, compensation 3631 Cobb County; board of education, compensation of members 3636 Cobb County; cobb judicial circuit, compensation of certain officials and employees 4698 Cobb County; county manager, office created 4283 Cobb County; education district boundaries changed 4010 Cobb County; juvenile court judge, compensation 3887 Cobb County; magistrates courts, election of magistrates, compensation 4376 Cobb County; probate court, clerk's compensation 4122 Cobb County; probate court, judges' compensation 4127 Cobb County; state court, clerk and deputy clerk, compensation 3889 Cobb County; state court, jurisdiction 4223 Cobb County; state court, compensation of judges and solicitor 4223 Cobb County; superior court, clerk and deputy clerk, compensation 4622 Cobb County; superior court, salary supplement of judges 4125 Cobb County; sheriff and deputies, compensation 4353 Cobb County; south cobb development authority, area enlarged 4324 Cobb County; salary increases authorized to be delayed 4245 Cobb County; tax commissioner and clerk, compensation 3634 Colquitt County; school system, use of local sales tax revenue 3753 Columbia County; commissioner districts, composition changed 4607 Columbia County; education districts changed, referendum 4411 Cook County; board of commissioners, compensation of members 4176 Dawson County; etowah water and sewer authority, members qualifications and manner of electing 3718 Decatur County; state court, judge and solicitor, compensation, terms of court, etc. 4145

Page 1899

DeKalb County; board of commissioners, powers, duties, etc. changed, referendum 4547 DeKalb County; state court, clerk's duties re docketing documents 3726 DeKalb County; state court, terms 4322 DeKalb County; state court, assistant solicitor's residing requirements deleted 3709 DeKalb County; state-wide probation system, approval of county becoming a part 3982 Dooly County; tax commissioner, compensation changed 3646 Dougherty County; commission districts changed 4194 Dougherty County; county supplements to certain officials 3757 Dougherty County; small claims court continued as magistrates court, jurisdiction, procedures, etc. 4234 Dougherty County; state court, act creating amended 4238 Douglas County; airport authority created, membership, terms of office, powers, duties, etc. 4578 Douglas County; magistrates court, vacancies, how filled 4367 Early County; board of commissioners, terms, commissioner districts, compensation, etc. 4256 Early County; small claims court, manner of compensating judge 3925 Early County; state court, compensation of judge and solicitor 4205 Early County; probate court, manner of compensating judge, disposition of fees 3927 Fannin County; board of commissioners, compensation of chairman and members 3938 Fannin County; coroner, compensation 3936 Fayette County; magistrate court created 4707 Floyd County; board of commissioners, powers 3811 Floyd County; county manager, office created 4525 Floyd County; merit system, additional exemption from coverage 4339 Floyd County; superior court clerk, compensation 3896 Forsyth County; board of commissioners, composition changed, districts changed 4419 Forsyth County; board of education, election districts changed 4481 Forsyth County; school superintendent, appointment, referendum 3521 Forsyth County; state court of cherokee and forsyth counties, salaries and supplements of judge and solicitor 4278 Fulton County; authority to adopt ordinances, regulations, penalties, etc. 4055 Fulton County; constitutional amendment creating industrial district continued 4077 Fulton County; county-wide library system act amended 4228 Fulton County; justices of the peace, etc., offices abolished 4037 Fulton County; magistrates, how appointed 4373 Fulton County; probate judge, nonpartisan election 4063 Fulton County; state court, subsidy for publishing calendar 4053 Fulton County; state court, terms 4501 Glynn County; board of commissioners, election districts 3880 Glynn County; brunswick, glynn county charter commission act amended, referendum 3739 Glynn County; probate court personnel, deputies, annual salaries 3825 Gordon County; board of commissioners, powers, duties, etc. changed 4316 Gordon County; minimum compensation for certain county officers 4043

Page 1900

Gwinnett County; board of education, compensation and expense allowances 4322 Gwinnett County; board of education, election districts 3573 Gwinnett County; clerk superior court, compensation 4034 Gwinnett County; commissioner election districts, composition changed 3566 Gwinnett County; probate judge, compensation 4034 Gwinnett County; sheriff, compensation 4034 Gwinnett County; state court, additional judge, election, powers, duties, etc. 4213 Gwinnett County; tax commissioner, compensation 4034 Hall County; expense allowances for commissioners 3570 Hall County; school district boundaries described 4553 Hancock County; magistrates court, constitutional requirements implemented 4006 Haralson County; county commissioner, compensation 3947 Haralson County; probate judge, compensation changed 3734 Hart County; probate judge, compensation 3755 Heard County; clerk superior court compensation 3978 Heard County; county commissioners compensation 3980 Heard County; probate judge compensation 3971 Heard County; sheriff compensation 3975 Heard County; tax commissioner compensation 3973 Henry County; board of commissioners compensation 3958 Henry County; clerk superior court compensation 4518 Henry County; probate judge compensation 4518 Henry County; sheriff compensation 4518 Henry County; tax commissioner compensation 4518 Jasper County; treasurer, office abolished 4605 Jeff Davis County; board of commissioners, election districts changed 4334 Jeff Davis County; education districts, composition 4130 Jefferson County; office of treasurer abolished 3964 Jefferson County; probate judge, method of compensating changed 3809 Jefferson County; tax commissioner, salary 3503 Jones County; board of education, compensation of chairman and members 3714 Jones County; magistrates court, appointment and compensation of judge 4081 Jones County; probate judge, method of compensating 4051 Jones County; tax commissioner, office created 3830 Laurens County; probate judge, compensation 3781 Laurens County; tax commissioner, compensation 3778 Liberty County; industrial authority, powers, etc. 4087 Liberty County; probate court, method of compensating judge, employment of clerk authorized 4157 Liberty County; state court, compensation of judge and solicitor 3899 Macon County; board of commissioners, compensation of chairman and other members 4048 Miller County; board of commissioners created 4594 Montgomery County; board of commissioners, compensation and expenses of members 4149 Murray County; new board of education created, referendum 3611 Newton County; homestead exemption, referendum 3814 Newton County; probate court, procedure 4350 Newton County; small claims court, fees 3750 Oconee County; board of commissioners, compensation of chairman and members 3800

Page 1901

Pickens County; small claims court established 3524 Rabun County; board of commissioners, compensation of chairman and members 3716 Rabun County; clerk superior court, compensation 4155 Richmond County; board of health continued 4702 Richmond County; compensation of certain officials changed 4173 Richmond County; constitutional amendment authorizing consolidation county and city of augusta tax assessors continued in force 4094 Richmond County; exemption of certain property from ad valorem taxes continued 4143 Richmond County; limitation on local taxing jurisdiction continued 3870 Richmond County; sheriff's merit system board created 4495 Richmond County; treasurer, office abolished 3863 Rockdale County; magistrate court, practice, procedure, jurisdiction, etc. 3651 Screven County; state court, compensation of judge and solicitor 3923 Seminole County; board of education, election of members, manager of filling vacancies, procedures, compensation 3994 Spalding County; griffin-spalding county development authority, powers and duties defined 3834 Sumter County; clerk superior court, minimum compensation, supplement 4079 Sumter County; probate judge, minimum compensation, supplement 4079 Sumter County; 4002 Sumter County; sheriff, minimum compensation, supplement 4079 Sumter County; tax commissioner, compensation 4000 Sumter County; tax commissioner, minimum compensation, supplements 4079 Talbot County; board of commissioners, election of members, terms of office, etc. 4105 Tattnall County; probate court, method of compensating judge changed 4270 Terrell County; small claims court, costs 3711 Thomas County; commissioners election districts 3605 Thomas County; small claims court, election of judge 3902 Tift County; board of commissioners, authority to fix salary of chairman 3954 Tift County; board of commissioners, authority to fix salary of tax commissioner 3956 Tift County; tifton-tift county charter commission act, enacted 3590 Towns County; georgia mountain fair authority, qualifications of members, etc. 3776 Towns County; project defined 3776 Towns County; sheriff, compensation, deputies authorized compensation, county furnished and maintained automobiles 4074 Towns County; probate judge, mode of compensating changed, etc. 4620 Union County; board of education, election of members, vacancies, etc., referendum 4514 Upson County; thomaston, upson county office building authority, powers defined 3951 Walker County; probate judge, maximum compensation of personnel 3721 Walker County; superior court clerk, maximum compensation of personnel 3724 Walker County; tax commissioner, compensation of office personnel 3884 Walton County; sheriff's office, benefits to personnel, etc. 4357 Wayne County; state court, compensation of judge and solicitor 3931 Wayne County; superior court, compensation of clerk 3933

Page 1902

Wheeler County; commissioner, compensation changed 4151 Wilcox County; small claims court established 3984 Wilkinson County; board of commissioners, members' compensation 3697 Wilkinson County; board of commissioners, election meetings, etc. 3699 Wilkinson County; board of education, election of successor board, election districts, terms of office, etc. 3911 Worth County; small claims court, jurisdictional amount, tenure of judge, fees and costs 3960 COUNTIES AND COUNTY MATTERS BY POPULATION 9,365-9,385; boards of commissioners, ga. laws 1982, p. 4606 repealed 3733 25,400-25,900; airport authorities created 1118 38,000-38,200; probate judges, court costs 404 38,000-39,000; superior court judges, salary supplements 403 150,300-155,000; county tax collectors, authority to deduct from school tax repealed 414 175,000-185,000; municipal elections, costs 402 175,000-190,000; rate of interest and penalty on delinquent taxes 752 550,000 or more; county commissioners, amount of compensation 416 550,000 or more; probate courts, vacancies in office, succession by chief deputy clerk in certain counties 544 550,000 or more; transfer of employees from county probation departments to department of offender rehabilitation, effect on pension benefits 421 COUNTY MATTERSHOME RULE AMENDMENTS Bleckley County; small claims court, judge's compensation 4745 Butts County; audit of county books 4749 Butts County; judges, courts of limited jurisdiction, compensation 4753 Chattooga County; county purchases 4757 Clarke County; purchases 4762 Clayton County; employees' retirement 4766 DeKalb County; budget submission and approval dates 4774 DeKalb County; courts of limited jurisdiction, judges' compensation 4792 DeKalb County; license review board created 4797 DeKalb County; merit system act amended 4804 DeKalb County; merit system personnel code 4780 DeKalb County; pension board, investments 4787 Floyd County; courts of limited jurisdiction, compensation of judges 4809 Rockdale County; courts of limited jurisdiction, compensation of judges 0000 MUNICIPAL CORPORATIONS NAMED CITIES Adairsville; new charter enacted 3654 Adel; election districts, election of mayor and council, terms of office, etc. 4294 Aragon; city court, punishment authority 3802 Atlanta; urban enterprise zones 4097 Augusta; ad valorem tax exemptions continued in effect 4108

Page 1903

Augusta; constitutional amendment authorizing consolidation of city and richmond county tax assessors continued in force 4094 Austell; corporate limits changed 3919 Brooklet; city court, jurisdiction 3797 Brooklet; city ordinances, punishment for violation 3797 Brunswick; brunswick-glynn county charter commission act amended, referendum 3739 Cairo; corporate limits extended 4191 Calhoun; new charter enacted 4710 Canton; corporate limits changed 3561 Cedartown; recorder, authority to impose punishment 3771 Colbert; charter amendments, police court, punishment authority, homestead exemptions, referendum 4181 Columbus, Georgia; municipal court, judge's salary 4443 Columbus, Georgia; ordinances, penalties for violations 3773 Columbus, Georgia; tort liability redefined 4493 Commerce; administrative departments 3513 Crawford; mayor and council, terms changed 3639 Decatur; corporate limits extended 4186 Decatur; corporate limits changed 4544 Doerun; charter amendments 4341 Doraville; mayor and council, terms of office, referendum 3581 Dublin; city court, maximum fining and punishment authority 4072 East Point; east point building authority created, powers, duties, etc. 4302 Flowery Branch; mayor's court, maximum fines 3693 Forest Park; mayor and council, terms of office 3623 Fort Valley; municipal court, powers 3686 Gainesville; municipal court, jurisdiction 3688 Garden City; corporate limits extended 3868 Griffin; griffin-spalding county development authority, powers and duties defined 3834 Hoboken; recorder's court fines 4140 Jackson; mayor and council, vacancies in office, maximum fine, etc. 4344 Jasper; new charter enacted 3534 LaFayette; charter amendments 4274 Kennesaw; corporate limits changed 4565 Leary; corporate limits changed 3949 Locust Grove; provisions regarding offices dealing with city changed 4208 Macon; bibb county, city of macon intergovernmental relations study commission authorized 4263 Macon; macon-bibb county water and sewerage authority act amended 3509 Macon; macon-bibb county water and sewerage authority employees' pension plan amended 3967 Macon; president pro tempore of city council, manner of selecting 4327 Marietta; downtown development authority act amended 3563 Marietta; mayor, veto power 4119 Milledgeville; mayor and aldermen, compensation 4330 Norwood; mayor and councilmen, terms changed 4210 Oakwood; recorder's court, maximum fines 3691 Oconee; recorder's court, authority to punish 3783 Palmetto; corporate limits extended 4110

Page 1904

Palmetto; corporate limits extended 4134 Perry; new charter 4386 Pinehurst; mayor and council, election provisions changed 3684 Pineview; ad valorem tax, authority to impose, violations of ordinances, authority to punish 4004 Pooler; aldermanic board, composition 3865 Powder Springs; downtown development authority, vacancies in membership, etc. 4299 Reynolds; charter amendments, competitive bids 3875 Reynolds; judge municipal court, qualifications 3875 Rockmart; authority of recorder to punish for violations of law and contempt 4046 Rome; board of education, additional member, election of members, etc. 3641 Rome; commission members, election, compensation 4188 Rome; corporate limits changed and extended 4432 Sale City; mayor and councilmen, terms and election procedures 3748 Savannah; board of aldermen, manner of filling vacancies 3827 Savannah; board of public education for the city of savannah and the county of chatham, members' compensation changed 4153 Savannah; city of savannah and chatham county school system, districts 3759 Savannah; city of savannah and chatham county school system, terms of president and board members, referendum 4039 Statesboro; recorder's court, maximum amount of fines authorized 4247 Summerville; city manager, position created 4614 Taylorsville; charter amendments, referendum 4161 Thomaston; board of education, method of selecting members changed 3506 Thomaston; thomaston, upson county office building authority, powers defined 3951 Tifton; tifton-tift county charter commission act enacted 3590 Tybee Island; charter amendments, referendum 3586 Tyrone; councilmen, terms, election 4704 Union Point; authority to assess fines and punishment 4061 Vidalia; charter amendments 4362 Watkinsville; new charter enacted 4625 White Plains; new charter enacted 4665 Winterville; police court, punishment authority 3707 MUNICIPALITIESHOME RULE AMENDMENTS Albany; civic center operation 4817 Atlanta; comprehensive development plans 4819 Atlanta; executive branch, reorganization 4833 Atlanta; ombudsman, charter provisions relating to, deleted 4856 Atlanta; president of council, powers 4829 Atlanta; quadrennial relegation of pending legislation 4825 Bainbridge; clerk and treasurer 4860 Boston; punishments for ordinance violations 4867 Braselton; wine production, sale of alcoholic beverages 4865 Chamblee; powers of mayor 4873 Chamblee; recorder's court 4876 Chamblee; sanitary tax 4870 College Park; pension system 4879 Cordele; ordinance adoption procedure, etc. 4883

Page 1905

Decatur; powers of recorders court, etc. 4891 Doraville; fines and punishment 4901 Doraville; mayor, compensation and duties 4896 East Point; city court, powers 4928 East Point; election ward boundaries 4905 East Point; fines and imprisonment 4932 East Point; license inspector 4913 East Point; retirement system 4924 East Point; salaries of mayor and council 4919 Elberton; recorder, fining authority 4937 Griffin; commissioners' compensation 4941 Macon; employee disability pensions 4943 Macon; municipal court, fines and punishment authority 4947 Perry; recorder's court, fining authority 4950 Riverdale; mayor and councilmen, qualifications 4954 Rockmart; recorder, qualifications 4958 Rockmart; wards and ward residency requirements 4962 Rossville; elected councilmen, compensation 4974 Savannah; pension plan amendments 4976 RESOLUTIONS AUTHORIZING COMPENSATION Carney, Richard B. 4384 Gates, John J. 4090 Reffner, Mary D. 4381 Walton, Richard 4380 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Adairsville 966 Atlanta 989 Augusta City Council 983 Baia, Mr. and Mrs. Frank J., Jr. 594 Baldwin County 584 Bibb County Board of Commissioners 992 Brooks County 967 Brunswick 987 Certain Tract Located in Spalding County, Sale Authorized 995 Certain Tracts Located in Fulton County, Lease Authorized 978 Clayton County Board of Education 596 David, Edgar George, Jr. 969 Hendrix, Harold M. 969 Ivey, James R., Jr. 584 Jackson 588 Macon, Bibb County Water and Sewerage Authority 440 P.D. Oil and Chemical Storage, Inc. 975 Resource Recovery Development Authority for the City of Savannah 586 Tucker, Mamie O., Estate 969 Tucker, W.R., Heirs and Others 969 Turner, Myrtie Vera 969 Turner, Myrtie Vera, and Clinton W., as Executors of Estate of Mamie O. Tucker

Page 1906

969 White, Mrs. Margaret Burke 592 MISCELLANEOUS RESOLUTIONS Chatham County Hospital Authority Study Commission Created 4378 Dent, Honorable Richard A., portrait authorized 442 Department of Administrative Services Plan of Operation Ratified 598 Governor's Education Review Commission Created 599 Lawson, Roger H., Memorial Bridge designated 974 McCutchen, Pleasant Theodore, Sr., Bridge designated 4092 Mentally Retarded, Handicapped and Elderly, study committee for tax credit for family support created 997 Safe Dams Study Commission created 582 State Board of Medical Examiners Directed to Adopt Rules Relating to Abuse of Certain Drugs 590 State-Wide Fire Protection Study Committee, resolution creating amended 999 Thompson, George W., Bridge designated 4091 Urging Resolution of Controversy Between City of Marietta and Cobb County 4382

Page 1907

INDEX A ACCOUNTANTS Law regulating profession changed 559 ADAIRSVILLE, CITY OF Land conveyance 966 New charter enacted 3654 ADEL, CITY OF Election districtselection of mayor and councilterms of office, etc. 4294 AD VALOREM TAXATION Date of making returns changed 1849 Foreign merchandise in transit redefined 716 Real property devoted to bona fide agricultural purposes 1850 AIRPORT AUTHORITIES Created for certain counties (25,400-25,900) 1118 ALAPAHA JUDICIAL CIRCUIT Terms of court 418 ALBANY, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments ALCOHOLIC BEVERAGES Jekyll Island State Park Authority authorized to sell same 1213 Sale or storage on county or municipally owned or operated airportslicenses 759 Special elections to authorize sales, etc. 806 ALCOHOLICS, TREATMENT Effective date of certain articles of title 37, chapter 8 delayed 684 ANIMALS Bonding of livestock dealers, brokers, packers, market operators, etc. 1161 ANNUAL SALARIES OF CERTAIN STATE OFFICIALS Changed 1831 ANTITERRORISM TASK FORCE Created within Georgia Bureau of Investigation 393

Page 1908

APPLACHIAN JUDICIAL CIRCUIT Created 761 APPROPRIATIONS General appropriations act enacted 1603 Supplementary 159 Supplementary 359 Supplementary, Department of Labor 449 ARAGON, CITY OF City courtpunishment authority 3802 ARCHITECTS Examinations for license 734 ASSISTANT DISTRICT ATTORNEYS Credit for prior state service 622 ATKINSON COUNTY Board of commissionerscompensationelection of chairman, etc.referendum 4115 ATHLETIC TRAINERS Licensing 444 ATLANTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Easement 989 Urban enterprise zones 4097 AUGUSTA, CITY OF Ad valorem tax exemptions continued in effect 4108 Consolidation of City and Richmond County tax assessors continued in force 4094 Land conveyance 983 AUSTELL, CITY OF Corporate limits changed 3919 B BACON COUNTY Board of commissionerscommissioner districts, qualification of members, etc. 4538

Page 1909

BAD CHECKS Criminal issuancesupport of minorspresent consideration further defined 484 Penalties for issuance 485 Restitution of amount of check, costs of bringing complaint, etc. 1189 BAIA, MR. AND MRS. FRANK J., JR. Land conveyance 594 BAILABLE OFFENSES Determination, procedure 452 BAINBRIDGE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments BALD MOUNTAIN WATER AND SEWER AUTHORITY ACT Enacted 4466 BALDWIN COUNTY Board of education, compensation of members 3878 Land conveyance 584 Magistrates courtconstitutional requirements implemented 4027 Probate courtcompensation of judge 4085 BANKS AND BANKING Dealing with regulated banksrestrictions removed as to employees, etc. 532 Definition of bank changed 493 Taxation revised 1350 BARROW COUNTY Board of commissionersauthority to assess and collect license fees and taxes 3943 Superior courtsupplementary compensation for judge 3945 BEN HILL COUNTY Tax commissionercompensation 3768 BIBB COUNTY Authorized to dispose of certain property 3621 Bibb CountyCity of Macon intergovernmental relations study commission authorized 4263 Board of public education and orphanageeducation districts changedreferendum 4251 Land conveyance 992 Macon-Bibb County water and sewerage authority employees' pension plan amended 3967 State court warrant officer provided 4220

Page 1910

BLECKLEY COUNTY See Tabular IndexCounty MattersHome Rule Amendments BOARDS OF COUNTY COMMISSIONERS Act providing for in certain counties (9365-9385) repealed 3733 BOARD OF INDUSTRY AND TRADE Created, composition, duties, powers, etc. 504 BOARD OF REGENTS Manner of filling vacancies 495 BOSTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments BRASELTON, TOWN OF See Tabular IndexMunicipalitiesHome Rule Amendments BROOKLET, CITY OF City courtjurisdiction 3797 City ordinancespunishment for violation 3797 BROOKS COUNTY Land conveyance 967 Probate courtmethod of compensating judge changed 4266 Special fire protection districts authorized 3695 BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION ACT Amendedreferendum 3739 BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY Power to contract with Jekyll Islandstate park authority 4057 BRUNSWICK, CITY OF Brunswick-Glynn County charter commission act amendedreferendum 3739 Easement 987 BUILDING AND LOAN ASSOCIATIONS Taxation revised 1350 BULLOCK COUNTY Board of commissionersclerical assistantscompensation 3731 Board of commissionerscompensation of chairman members changed 3728 Clerk of superior courtcompensation of deputies and other personnel 3822 Coronercompensation 3818 Probate courtcompensation of clerk 3820

Page 1911

Sales tax revenuesallocation 3906 Sheriffsalaries of deputies and clerk changed 4662 Tax commissionercompensation of assistants 3909 BURKE COUNTY Commissionersdistrict election 3804 Probate judgemanner of compensating changed 3904 BUTTS COUNTY See also Tabular IndexCounty MattersHome Rule Amendments Board of educationprocedure for selecting members 3940 C CAIRO, CITY OF Corporate limits extended 4191 CALHOUN, CITY OF New charter enacted 4710 CANCELLATION OF INDEBTEDNESS BY GRANTEE Definition of terms 677 CANDLER COUNTY State courtgoverning authority of said county authorized to fix salaries of judge and solicitor 4178 CANINE HANDLERS OF DEPARTMENT OF OFFENDER REHABILITATION Granted powers of police officers 672 CANTON, CITY OF Corporate limits changed 3561 CAPITAL FELONY EXPENSES Reimbursement of counties 395 CARNEY, RICHARD B. Compensation 4384 CARROLL COUNTY Office of commissioner created 4656 Probate judgecompensation 3892 State courtjudge and solicitorcompensation 4346 Superior court clerkcompensation 4170 CATOOSA COUNTY Clerk superior courtsalaryallowance for clerical help 3790

Page 1912

Commissionercompensation and allowances 4065 Sherifffiscal year of office changed 4068 Tax commissionerallowances for clerical assistants 3794 CEDARTOWN, CITY OF Recorderauthority to impose punishment 3771 CEMETERIES Georgia cemetery act of 1983 enacted 1508 CERTAIN TRACTS LOCATED IN FULTON COUNTY Lease authorized 978 CHAMBLEE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments CHATHAM COUNTY Board of commissionersdistricts changed 4529 Board of public education, city-countymembers compensation 4153 City of Savannah and Chatham County school systemdistricts 3759 City of Savannah and Chatham County school systemterms of president and board membersreferendum 4039 CHATHAM COUNTY HOSPITAL AUTHORITY Study commission created 4378 CHATTAHOOCHEE COUNTY Superior court clerkmethod of compensating changed 4031 CHATTOOGA COUNTY See also Tabular IndexCounty MattersHome Rule Amendments State court createdpractice, procedure, etc.referendum 4570 CHECKS OR DRAFTS, DISHONORED Fees authorized to be charged for same when issued on retail installment contracts 1430 CHEROKEE COUNTY State court of Cherokee and Forsyth Countiesjudge and solicitorsalaries and supplements 4278 CHILDREN Restraint devices required while transporting childrenpenalties for violation 1464

Page 1913

CHILD SUPPORT RECOVERY ACT Amended 1816 CLARKE COUNTY See Tabular IndexCounty MattersHome Rule Amendments CLASS ACTIONS Limited in interest and usury cases 1316 CLAY COUNTY Clerk superior courtmethod of compensating changed 4167 Commissioner districts 3785 Sheriffmaximum salary 3894 Tax commissionermethod of compensating changed 4511 CLAYTON COUNTY See also Tabular IndexCounty MattersHome Rule Amendments Board of commissionersmeetings, etc. 4503 Chairman of boardcompensation 3628 Clerk superior court and deputiescompensation 3737 Commissioner districts reapportioned 3617 Educational funds collected by tax commissionerdisposition 4113 Land conveyance 596 Probate judgecompensation 3626 Sheriff and deputiescompensation 3737 State court judgecompensation 4217 State court solicitorcompensation 3873 Tax commissionercompensation 3631 CLERK OF THE HOUSE OF REPRESENTATIVES Manner of election and term 494 COBB COUNTY Board of educationmembers' compensation 3636 County manageroffice created 4283 Education district boundaries 4010 Juvenile court judgecompensation 3887 Magistrate courtselection of magistratescompensation 4376 Probate court, clerk's compensation 4122 Judge's 4127 Salary increases authorized to be delayed 4245 Sheriff and deputiescompensation 4353 South Cobb development authorityarea enlarged 4324 State court, clerk and deputy clerkcompensation 3889 Jurisdictiondead docketcompensation of personnel 4223 Superior courtclerk and deputy clerkcompensation 4622 Superior courtsalary supplement of judges 4125 Tax commissioner and clerkcompensation 3634

Page 1914

COBB COUNTY AND CITY OF MARIETTA Urged to resolve controversy 4382 COBB JUDICIAL CIRCUIT Compensation of certain officials and employees 4698 CODE REVISION, GENERAL Official code of Georgia annotated amended 3 COLBERT, CITY OF Charter amendments; police courtpunishment authority; homestead exemptionsreferendum 4181 COLLEGE PARK, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments COLQUITT COUNTY School systemuse of local sales tax revenues 3753 COLUMBIA COUNTY Commissioner districts 4607 Education districtsreferendum 4411 COLUMBUS, GEORGIA Municipal courtjudge's salary 4443 Penalties for violations of ordinances 3773 Tort liability defined 4493 COMMERCE, CITY OF Administrative departments 3513 COMMERCIAL FISHING Penalties for fishing with power-drawn nets 490 COMMERCIAL FISHING LICENSES Seasonalfees 467 COMMERCIAL PAPER Liability of maker or drawer to assignee 509 COMMERCIAL PRODUCING OIL WELL Definition of commercial production 514 COMMISSIONER OF AGRICULTURE Annual salary 1831

Page 1915

Authority to make rules regarding milk and milk products 737 COMMISSIONER OF INSURANCE Annual salary 1831 COMMISSIONER OF TRANSPORTATION Term of office 400 COMMISSIONER OF VETERANS SERVICE Office created 1401 COMMUNITY SERVICE PROGRAMS Participation in by probationers 1593 COMPOSITE STATE BOARD OF MEDICAL EXAMINERS Grounds to refuse or suspend licenses enlarged 670 CONDITIONED AIR CONTRACTORS Defined; regulated 424 CONFLICT OF INTEREST Public officials and employeescertain conduct prohibited 1326 CONGRESSIONAL REDISTRICTING PLAN, 1981 Dist. 4 DeKalb 2E Fulton 2F Dist. 5 DeKalb 2F Fulton 2F CONSOLIDATED ELECTION RETURNS Filing with secretary of state 686 CONSTITUTIONAL AMENDMENT PROPOSED Effect of elected official qualifying for different office 972 CONSTITUTIONAL AMENDMENTS CONTINUED IN EFFECT Augustaad valorem tax exemptions 4108 Fulton Countycreating industrial district 4077 Richmond CountyAugustaconsolidation of tax assessors 4094 Richmond Countyexemption of certain property from ad valorem taxes 4143 Richmond Countylimitation on local taxing jurisdictions 3870 CONSUMER ADVISORY BOARD Terms of members 743

Page 1916

CONSUMERS' UTILITY COUNSEL Practices and procedures, etc. 834 CONTROLLED SUBSTANCES Schedules of certain nonnarcotic substances authorized to be excluded, etc. 349 CONVICTED FELONS Unlawful possession of firearmsrestrictions removed in certain cases 945 COOK COUNTY Board of commissionerscompensation of members 4176 CORDELE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments CORONERS Bullock Countycompensation 3818 Fannin County-compensation 3936 Richmond Countycompensation 4173 CORPORATIONS Directors, number required 1299 Law relating to registration of foreign and domestic corporations extensively amended 1479 Registered names; filing fees, etc. 1479 CORRECTIONAL INDUSTRIES Compensating inmates prohibited 1795 CORRECTIONAL INSTITUTIONS Leave privileges of inmates, limitations 1806 Punishment of inmates 1806 COSMETOLOGISTS AND ESTHETICIANS Qualifications for licensing and registration 1219 COUNTY BOARDS OF EQUALIZATION Alternate method of selecting members 1158 COUNTY BOARDS OF TAX ASSESSORS AND TAX EQUALIZATION Qualifications changed 576 COUNTY COMMISSIONERS See Tabular IndexNamed Countiesalso Counties and County Matters by Population

Page 1917

COUNTY DOCUMENTS Storage; county document defined 653 COUNTY PROBATION DEPARTMENTS Transfer of employees to department of offender rehabilitationeffect on pension benefitscertain counties (550,000 or more) 421 COUNTY SCHOOL SUPERINTENDENTS Forsyth Countyappointment referendum 3521 COUNTY TAX COLLECTORS Authority to deduct from school tax repealed (150,300-155,000) 414 COUNTY TAX OFFICIALS AND EMPLOYEES Members of employees' retirement system of Georgia, election in certain cases 655 COUNTY TREASURERS Manner of election, terms of office 1212 COURTS, GENERALLY Exercise of judicial powers by judges outside their own courtscircumstances, procedures 961 COURTS OF MUNICIPALITIES Authorized to try and dispose of certain criminal cases 825 COURTS OF RECORD Use of letter-size paper in pleadings 531 COURTS, SMALL CLAIMS See Tabular IndexSmall Claims Courts STATE COURTS See Tabular IndexState Courts CRAWFORD, CITY OF Mayor and councilterms changed 3639 CRIME OF FLEEING A POLICE OFFICER Punishment 836 CRIMES Bailable offenses 358

Page 1918

CRIMES AND PUNISHMENT Operating motor vehicle while intoxicatedpunishment 1000 Sexual assault defined 721 CRIMES OF THEFT Shoplifting defined 457 CRIMINAL BONDS AND RECOGNIZANCES Forfeiture proceedings 1203 CRIMINAL EXTRADITIONS Requirements of formality of executive, etc. 649 CRIMINAL JUSTICE COORDINATING COUNCIL Additional members, etc. 518 CRIMINAL LAW Escape further defined 645 CRIMINAL PROCEDURE Bailable offenses 452 Continuances where party or attorney in attendance on general assembly 675 Copy of indictment to be furnished accused 503 CUSTODY OF CHILDREN Orders for temporary custody in certain divorce proceedings 632 D DAVID, EDGAR GEORGE, JR. Land conveyance 969 DANGEROUS DRUGS Listed 349 State board of pharmacy authorized to delete drugs from list 349 DAWSON COUNTY Etowah water and sewer authoritymembers qualifications and manner of electing 3718 DEATH PENALTY Persons to be notified as to date of execution 665 DECATUR, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Corporate limits 4186

Page 1919

Corporate limits 4544 DECATUR COUNTY State courtjudge and solicitorcompensationterms of court, etc. 4145 DECEASED DEPOSITORS Disposition of funds by financial institutions 661 DECEASED EMPLOYEES Payment of outstanding wages to survivors 659 DEKALB COUNTY See also Tabular IndexCounty MattersHome Rule Amendments Board of commissionerspowers, duties, etc.referendum 4547 State courtassistant solicitor's residency requirements deleted 3709 State courtclerk's duties re docketing 3726 State courtterms 4322 State-wide probation systemapproval of county becoming a part 3982 DELINQUENT CHILDREN Orders for restitution in juvenile proceedings, etc. 539 DENT, HONORABLE RICHARD A. Portrait authorized 442 DENTISTS AND DENTAL HYGIENISTS Practice regulated 1389 DEPARTMENT OF ADMINISTRATIVE SERVICES Authorized to provide services to local political subdivisions 673 Plan of operation ratified 598 Restrictions on attendance at seminars, lectures, etc. by commissioners removed 546 DEPARTMENT OF HUMAN RESOURCES Apprehension of delinquent children upon order of department, etc. 538 DEPARTMENT OF INDUSTRY AND TRADE Incurring of expenses to secure new business, industry and tourism authorized 499 DEPARTMENT OF OFFENDER REHABILITATION Confidentiality of inmatesupplied information 680 Composition of board, terms of office, etc. 507

Page 1920

DEPARTMENT OF PUBLIC SAFETY Free identification cards to certain persons 461 DEPARTMENT OF TRANSPORTATION Maintenance and operational assistance to state tollway authority 635 DISABLED VETERANS Relieved from payment of business or professional license fees 667 DISPOSSESSORY PROCEEDINGS Payment of rent into registry of court 513 DISTRICT ATTORNEYS Griffin judicial circuit, county supplements 386 DISTRICT ATTORNEYS EMERITUS Duties; retirement benefits 1805 DOERUN, CITY OF Charter amendments 4341 DOMESTIC RELATIONS CASES Personal jurisdiction over nonresidents 1304 DOORKEEPERS Provided for house of representatives 385 DORAVILLE, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Mayor and councilterms of officereferendum 3581 DOUGHERTY COUNTY Commission districts changed 4194 County supplements to certain officials 3757 Small claims court continued as magistrate courtjurisdiction, procedures, etc. 4234 State courtact creating amended 4238 DOUGLAS COUNTY Airport authority createdmembership, terms of office, powers, duties, etc. 4578 Magistrates courtvacancies, how filled 4367 DOUGLAS JUDICIAL CIRCUIT Judge's salary supplement 412

Page 1921

DOWNTOWN DEVELOPMENT AUTHORITIES Copies of resolutions activating samefiling with secretary of state 1346 DRIVERS' LICENSES Authority of department of public safety to issue duplicate licenses and permits eliminated, etc. 819 Fees for restoration of suspended licenses 487 DUBLIN, CITY OF City courtmaximum fining and punishment authority 4072 E EARLY COUNTY Board of commissionersterms, commissioner districts, compensation 4256 Probate courtmanner of compensating judgedisposition of fees 3927 Small claims courtmanner of compensating judge 3925 State courtcompensation of judge and solicitor 4205 EAST POINT, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments East Point building authority created, powers, duties, etc. 4302 EDUCATION Alcohol and drug course 745 EDUCATIONAL FACILITIES, CAPITAL OUTLAY FUNDS Content of projections of average daily attendance 804 EDUCATIONAL FUNDS Clayton Countyto be retained and remitted to county by tax commissioner 4113 ELBERTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments ELECTED CONSTITUTIONAL OFFICERS Procedures when temporarily disabled 1207 ELECTIONS Non-partisan election of judges, etc. 1190 Reimbursement of expenses to counties in certain cases, etc. 964 Time for qualifying with party or as independent candidate 535 Voter registration and eligibility to vote 786

Page 1922

ELECTIONS, RUN-OFF Continuation of election, etc. 827 ELECTION CODE Amended 1190 ELECTIVE OFFICES Referendum required to abolish office or shorten term 685 ELECTRICAL CONTRACTORS Defined; regulated 424 EMERGENCY MEDICAL TECHNICIANS Services by, under certain conditions 694 EMERGENCY VEHICLES Permits 447 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Actuarial studies 637 Classification of members; transfer of county probation department to state 1809 Creditable service for certain employees 784 Credits for prior servicemilitary service 1856 Definition of employee 1859 EMPLOYMENT SECURITY LAW Amended 1153 EMPLOYMENT SECURITY LAW Maximum weekly benefit increased 1592 ESTHETICIANS AND COSMETOLOGISTS Qualifications for licensing and registration 1219 ETOWAH WATER AND SEWER AUTHORITY Members qualifications and manner of electing 3718 EVIDENCE Use of interpreters for hearing impaired persons 852 EXCISE TAXATION Rates on cigars and cigarettes 1834

Page 1923

EXPLOITATION OF MINORS IN SEXUALLY EXPLICIT CONDUCT Prohibitedminor defined 1437 EXTRAORDINARY SESSION OF GENERAL ASSEMBLY Governor's proclamation convening 2A F FAIR BUSINESS PRACTICES ACT OF 1975 Amended 1298 FAIR EMPLOYMENT PRACTICES ACT OF 1978 Amended 1097 FAMILY VIOLENCE SHELTERS Licensing, etc. 521 FANNIN COUNTY Board of commissionerscompensation of chairman and members 3938 Coronercompensation 3936 FARM PRODUCED WINES Sales authorized and regulated 1116 FAYETTE COUNTY Magistrate court created 4707 FINANCIAL INSTITUTIONS Deceased depositors, disposition of funds 661 FINANCIAL INSTITUTIONS CODE Amended 602 FIREARMS Discharge on Sunday 448 Licenses to carry; period of validity 1431 FIREMEN Definition changed with respect to indemnification of law enforcement officers 1303 Georgia firemen's pension fund fireman, volunteer fireman defined 1310 FIRE PROTECTION DISTRICTS, SPECIAL Brooks Countyauthorized 3695

Page 1924

FLINT JUDICIAL CIRCUIT Investigator for district attorney 407 FLOWERY BRANCH, CITY OF Mayor's courtmaximum fines 3693 FLOYD COUNTY See also Tabular IndexCounty MattersHome Rule Amendments Board of commissionerspowers 3811 County manageroffice created 4525 Merit systemadditional exemption from coverage 4339 Superior court clerkcompensation 3896 FLOYD COUNTY MERIT SYSTEM ACT Amended 4339 FOREIGN CORPORATIONS ACTING IN A FIDUCIARY CAPACITY Secretary of state as agent for service 1474 FOREIGN TRUSTEES Designation of agent for service of processeffect of failure, etc. 1474 FOREST PARK, CITY OF Mayor and councilterms of office 3623 FORFEITURES OF MONEY OR OTHER PROPERTY Disposition 469 FORFEITURE PROCEEDINGS Criminal bonds and recognizances 1203 FORT VALLEY, CITY OF Municipal courtpowers 3686 FORSYTH COUNTY Board of commissionerscommissioner districts 4419 Board of educationelection districts for members 4481 School superintendentappointmentreferendum 3521 State court of Cherokee and Forsyth countiessalaries and supplements of judge and solicitor 4278 FREE EDUCATION FOR ELDERLY IN STATE UNIVERSITIES Providedexceptions, etc. 496 FULTON COUNTY Authority to adopt ordinances and regulationspenalties, etc. 4055

Page 1925

Constitutional amendment creating industrial district continued 4077 County-wide library system act amended 4228 Justice of peace and related offices abolished 4037 Lease of certain tracts located in Fulton County authorized 978 Magistrates, how appointed 4373 Probate judgenonpartisan election 4063 State court, court calendar, subsidy for publishing 4053 State court, terms 4501 G GAINESVILLE, CITY OF Municipal courtjurisdiction 3688 GARDEN CITY, CITY OF Corporate limits extended 3868 GARNISHMENT When pension or retirement funds subject 683 GARNISHMENT, SUMMONS Answer 454 GATES, JOHN J. Compensation 4090 GENERAL ASSEMBLY Composition of certain state representative districts changed 1123 Disability of speaker of the house of representatives, procedure for determining 681 Doorkeepers for house of representatives provided 385 Engrossed and enrolled copies of bills and joint resolutions, preservation and filing 688 Expense allowances of members 1831 Extraordinary sessiongovernor's proclamation convening 2A Legislative services committee created 722 Limitation on passage of population bills 1205 Notices of intention to introduce bills, publication 646 Oath of office of members 963 President pro tempore of senate; speaker pro tempore of housepowers and duties 689 Sergeant-at-arms provided for senate 385 GEORGIA BUREAU OF INVESTIGATION Antiterrorism task force 393 GEORGIA CEMETERY ACT OF 1983 Enacted 1508

Page 1926

GEORGIA DEVELOPMENT AUTHORITY LAW Amended 1026 GEORGIA FIREMEN'S PENSION FUND Certain terms redefined 1310 GEORGIA HOSPICE LAW Enacted 1317 GEORGIA INDUSTRIAL LOAN ACT Application for licenseshearings 479 GEORGIA LEGISLATIVE RETIREMENT SYSTEM Credit for prior military service 1856 GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT Enacted 1548 GEORGIA MOUNTAIN FAIR AUTHORITY Qualifications of members, etc.project defined 3776 GEORGIA PUBLIC REVENUE CODES Amended 1834 GEORGIA RESIDENTIAL AUTHORITY ACT Amended 1228 GEORGIA SECONDARY MARKET CORPORATION ACT Repealed 1228 GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT Amended 1024 GEORGIA TIME-SHARE ACT Enacted 1255 GLYNN COUNTY Board of commissionerselection districts 3880 Brunswick-Glynn County charter commission act amendedreferendum 3739 Probate court personneldeputies annual salaries 3825 GOOD-TIME ALLOWANCES Persons confined for misdemeanor offenses 1340

Page 1927

GORDON COUNTY Board of commissionerspowers, duties, etc., changed 4316 GORDON COUNTY Minimum compensation for certain county officers 4043 GOVERNOR Oath of office 1539 GOVERNOR'S EDUCATION REVIEW COMMISSION Created 599 GOVERNOR'S PROCLAMATION Convening general assembly in extraordinary session 2A GRAIN DEALERS Financial statements to be submitted with license applications, exceptions, etc. 831 GRAND JURIES Ocumulgee judicial circuitterms, etc. 419 GRIFFIN, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Griffin-Spalding County development authoritypowers and duties defined 3834 GRIFFIN JUDICIAL CIRCUIT District attorneys' county supplements 386 GROUP LIFE INSURANCE Maximum coverage for debtors 464 GWINNETT COUNTY Board of educationcompensation and expense allowances of members 4322 Board of educationmember election districts 3573 Commissioner election districts 3566 Sheriff, superior court clerk, probate judge, tax commissionercompensation 4034 State court, additional judge 4213 H HANDICAPPED PERSONS Use of crossbows in hunting wildlife permitted, etc. 664

Page 1928

HALL COUNTY Expense allowances for commissioners 3570 School district boundaries described 4553 HANCOCK COUNTY Magistrate courtconstitutional requirements implemented 4006 HARALSON COUNTY County commissionercompensation 3947 Probate judgecompensation changed 3734 HART COUNTY Probate judgecompensation 3755 HAZARDOUS SUBSTANCES Nozzles and valves used in dispensing 476 HEALTH Health planning agency created, composition, functions 1566 Health planning review board created, composition, functions 1566 Health policy council created, composition, functions 1566 Public school childrenscreening for scoliosis 1547 HEARD COUNTY Probate judgecompensation 3971 Tax commissionercompensation 3973 Sheriffcompensation 3975 HENDRIX, HAROLD M. Land conveyance 969 HENRY COUNTY Board of commissioners, compensation 3958 Clerk superior court, probate judge, sheriff, tax commissionercompensation 4518 HERITAGE TRUST COMMISSION Life extended 460 HOBOKEN, CITY OF Recorder's court fines 4140 HOMESTEAD EXEMPTION Application, filing; effect of failure to file 1849 Misdemeanor to solicit to file for a fee application on behalf of another 1849

Page 1929

HOSPITAL AUTHORITIES Conflict of interest policy established for members 1317 HOSPITAL LIENS Definitionsliens for nursing home care, etc. 548 HOSPITALS AND RELATED INSTITUTIONS Authorized to grant staff membership to psychologists 1426 Emergency relocation of patients or residents 1323 Required to provide information regarding charges, etc. 1307 HOUSE OF REPRESENTATIVES Clerkmanner of election and term 494 Composition of certain election districts changed 1123 Doorkeepers provided 385 HUNTING LICENSES Reciprocity agreements with certain states 837 HUSBAND AND WIFE Provision regarding husband as head of household abolished 1309 I ILLEGAL DRUGS Punishment for trafficking in 620 INCOME TAX WITHHOLDING Criminal penaltiesnoncompliance with notice of delinquency 1834 Samefailure to comply with special accounting procedures 1834 Successors to businesses, liability for unpaid amounts 1834 INDEMNIFICATION OF LAW ENFORCEMENT OFFICERS Firemen defined 1303 Permanent disability defined 651 Prison guard redefined 1469 INMATES OF CORRECTIONAL INSTITUTIONS Punishment, methods permitted and prohibited. Leave privileges, limitations 1806 INSTITUTIONAL LICENSES TO PRACTICE MEDICINE Renewal in certain cases 720 INSURANCE Property insurance redefined, etc. 864

Page 1930

INSURANCE COMMISSIONER Fees and other charges 729 INSURANCE FEES AND TAXES Life insurance companiesimposition of license fees, etc. 1595 INSURANCE COMPANIES Arrest bonds, sureties on certificates of trucking clubs or associations 695 INSURANCE COMPANIES, LIFE License fees, taxes, etc. 1595 INSURANCE, LIFE AND ACCIDENT Use of simplified language in policies and certificates required 473 INSURANCE RATES AND RATING ORGANIZATIONS Filing of rates with commissioner, etc. 629 INTEREST AND USURY Class actions for violations limited 1316 Permissible rates, etc. 1146 INTEREST RATES Life insurance loans 616 ITINERANT ENTERTAINERS Designation of attorney in fact for service 1474 IVEY, JAMES R., JR. Land conveyance 584 J JACKSON, CITY OF Conveyance of estate for years 588 Mayor and councilvacancies in officemaximum fines, etc. 4344 JASPER, CITY OF New charter enacted 3534 JASPER COUNTY Treasureroffice abolished 4605 JEFF DAVIS COUNTY Board of commissioners, election districts 4334 Education districtscomposition 4130

Page 1931

JEFFERSON COUNTY Office of treasurer abolished 3964 Probate judgemethod of compensating changed 3809 Tax commissionersalary 3503 JEKYLL ISLAND STATE PARK AUTHORITY Authorized to sell alcoholic beverages 1213 Power to contract with Brunswick and Glynn County development authority 4057 Powers regarding fire safety codes, etc. 643 JOINT COUNTY AND MUNICIPAL SALES TAX Distribution 1461 JONES COUNTY Board of educationcompensation 3714 Magistrate courtappointment and compensation of judge 4081 Office of tax commissioner created 3830 Probate judgemethod of compensating 4051 JURISDICTION, PERSONAL Nonresidentspersonal jurisdiction over in certain domestic relations cases 1304 JUSTICE OF THE PEACE Fulton Countyoffice abolished 4037 JUVENILE COURTS Cobb Countycompensation of judge 3887 JUVENILES Disposition of delinquent or unruly juveniles 829 K KENNESAW Corporate limits changed 4565 L LABOR, DEPARTMENT OF Supplementary appropriation 449 LAFAYETTE, CITY OF Charter amendments 4274

Page 1932

LANDS LEASED FOR PUBLIC PURPOSES Leases to private parties excluded from definition 647 LAURENS COUNTY Probate judgecompensation 3781 Tax commissionercompensation 3778 LAW ENFORCEMENT OFFICERS Indemnification, firemen 1303 Prison guard redefined with respect to indemnification of law enforcement officers 1469 LAWSON, ROGER H. Memorial bridge designated 000 LEARY, CITY OF Corporate limits changed 3949 LEVY AND SALE Property exemptrequirements for eligibility, etc. 1170 LIBERTY COUNTY Liberty County industrial authoritypowers, etc. 4087 Probate courtmethod of compensating judge; employment of clerk authorizedcompensation 4157 State courtcompensation of judge and solicitor 3899 LICENSED HOSPITALS AND OTHER HEALTH CARE FACILITIES Approved disaster preparedness plan required 783 LICENSED PRACTICAL NURSES Training required; renewal of licenses 465 LICENSE FEES, BUSINESS AND PROFESSIONAL Disabled veterans relieved from payment of same 667 LICENSES TO CARRY FIREARMS Period of validity 1431 LIENS Hospital and nursing home for treatment and care 548 LIENS, MECHANICS' AND MATERIALMENS' Provisions relating to preliminary notices of lien rights and claims of liens, etc. changed 1450

Page 1933

LIEUTENANT GOVERNOR Annual salary 1831 Oath of office 1539 LIFE INSURANCE Policy loan interest rates, etc. 616 LIVESTOCK DEALERS, BROKERS, PACKERS, MARKET OPERATORS, ETC. Bonding 1161 LOCAL EXCISE TAXES Exemption from levy 639 LOCAL GOVERNMENT INVESTMENT POOL Definition of agencies authorized to utilize same 455 LOCAL TAXING JURISDICTIONS Limitations on continued (Richmond County) 3870 LOCUST GROVE, CITY OF Provisions regarding offices dealing with city changed 4208 M MACON-BIBB COUNTY WATER SEWERAGE AUTHORITY ACT Amended 3509 Easement 440 MACON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Bibb County-City of Maconintergovernmental relations study commission authorized 4263 Macon-Bibb County water and sewerage authorityemployees' pension plan amended 3967 President pro tempore of city councilmanner of selecting 4327 MACON COUNTY Board of commissionerscompensation of chairman and other members 4048 MAGISTRATES COURTS See also Tabular IndexMagistrate Courts and Counties and County MattersNamed Counties State-wide system createdjustice courts abolished 884 MALT BEVERAGES License requirements for manufacture, distribution and sale 1214

Page 1934

MANUFACTURED HOMES Inspection and manufacturing fees 456 MARIETTA, CITY OF Downtown development authority act amended 3563 Mayorveto power 4119 MARIETTA, CITY OF, AND COBB COUNTY Urged to resolve controversy 4382 MARRIAGE Provision regarding husband as head of household abolished 1309 MAXIMUM WIDTH, LENGTH AND WEIGHT OF MOTOR TRUCKS Changed 1798 McCUTCHEN, PLEASANT THEODORE, SR. Bridge designated 4092 MENTALLY RETARDED, HANDICAPPED AND ELDERLY Study committee for tax credit for family support created 997 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Construction, etc., priorities changed 1087 Levy of retail sales tax for authority extended 1079 METROPOLITAN RIVERS LAND USE Law amended 1059 MIDYEAR ADJUSTMENT RESERVED Appropriation for fiscal 1983 authorized 1815 MILITARY RECRUITERS Access to student directory information in public secondary schools 1429 MILK AND MILK PRODUCTS Authority of commissioner of agriculture to make rules 737 MILLEDGEVILLE, CITY OF Mayor and aldermencompensation 4330 MILLER COUNTY Board of commissioners created 4594

Page 1935

MINORS Exploitation in sexually explicit conduct prohibited; minor defined 1437 MISDEMEANOR OFFENSES Good-time allowances for persons confined for such 1340 MISDEMEANORPUNISHMENT Exploitation of minors in sexually explicit conduct 1437 MONTGOMERY COUNTY Board of commissionerscompensation and expenses of members 4149 MOTIONS FOR NEW TRIAL Forms in civil and criminal cases 702 MOTOR COMMON CARRIERS Suspension or cancellation of operating authority 529 Temporary emergency authority to provide service 462 MOTORCYCLES Liability insurance required 726 MOTOR FUEL TAX REPORTS Criminal penalties for failure to file 1834 MOTOR TRUCKS Maximum width, length and weight changed 1798 MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW Amended 938 MOTOR VEHICLES, LICENSING AND REGISTERING University of Georgia bicentennial special license plates, issuance authorized 1466 MOTOR VEHICLE SAFETY Child restraint devices required while transporting certain childrenpenalties for violation 1464 Common, contract and private carriersinspection of vehicles on request 735 MOTOR VEHICLE TAG REGISTRATION Fees for restoration of suspended registrations 487

Page 1936

MOTOR VEHICLES Unlawful to affix material to windshield or front door windows so as to obstruct vision into vehicle 1300 MOTOR VEHICLES, REGISTRATION AND LICENSING Duty of owner to report theft of license plates 676 MUNICIPAL CORPORATIONS See also Tabular IndexMunicipal CorporationsNamed Cities; MunicipalitiesHome Rule Amendments Copies of resolutions activating development authoritiesfiling with secretary of state 1346 Home rule powers 468 Powers of annexation restricted 545 MUNICIPAL ELECTIONS Costs where conducted by certain counties (175,000-185,000) 402 MUNICIPAL RECORDERS' AND POLICE COURTS See Tabular IndexSame Title MURRAY COUNTY New board of education createdreferendum 3611 N NATURAL GUARDIANS OF MINORS Conditions requiring bond changed 669 NEWTON COUNTY Homestead exemptionreferendum 3814 Probate courtprocedure, prosecutions for violation of county ordinances 4350 Small claims courtfees 3750 NONNARCOTIC SUBSTANCES Certain such excluded from schedule of controlled substances 349 NONPROFIT CONTRACTORS Annual audit reports 641 NONRESIDENTS Personal jurisdiction over in certain domestic relations cases 1304 NONRESIDENT MOTOR COMMON CARRIERS Designation of agent for service of process 1474

Page 1937

NONRESIDENT MOTOR CONTRACT CARRIERS Designation of agent for service of process 1474 NONRESIDENT STUDENTS Exemption from motor vehicle registration and driver's licensing in certain cases 638 NORTH GEORGIA COLLEGE Military scholarships 778 NORWOOD, TOWN OF Mayor and councilmenterms changed 4210 NUCLEAR PHARMACY LAW Enacted 790 O OAKWOOD, CITY OF Recorders' courtmaximum fines 3691 OCMULGEE JUDICIAL CIRCUIT Grand juries 419 Terms of court 415 OCONEE COUNTY Board of commissionerscompensation of chairman and members 3800 OCONEE, TOWN OF Recorders' courtauthority to punish 3783 OFFENSES AGAINST PUBLIC ORDER AND SAFETY Injury to a police dog 528 OFFICE OF ENERGY RESOURCES Establish, powers, duties, etc. 1539 OFFICIAL CODE OF GEORGIA ANNOTATED See also Tabular IndexOfficial Code of Georgia Annotated Amended 3 OPERATING MOTOR VEHICLE WHILE INTOXICATED Punishment 1000 OUTDOOR ADVERTISING Placement restrictednotice required 471

Page 1938

P PALMETTO, CITY OF Corporate limits extended 4110 Corporate limits extended 4134 PARDONS AND PAROLES Limitation on grant in certain cases 523 PARENT AND CHILD Liability of father to support child born out of wedlock 1816 PARTITIONING OF PROPERTY HELD IN COMMON Sale of interests of petitioners 1182 P.D. OIL AND CHEMICAL STORAGE, INC. Easement 975 PEACE OFFICER AND PROSECUTOR TRAINING FUND ACT OF 1983 Enacted 1094 PENAL INSTITUTIONS Good-time allowances for persons confined for misdemeanor offenses 1340 PENSIONS Effect on benefits upon transfer of employees from county probation departments (550,000 or more) to department of offender rehabilitation 421 PERRY, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments New charter 4386 PHARMACISTS Qualifications for license 790 PHARMACISTS AND PHARMACIES Third-party prescription program act enacted 1441 PICKENS COUNTY Small claims court established 3524 PINEHURST, CITY OF Mayor and councilelection provisions changed 3684

Page 1939

PINEVIEW, TOWN OF Ad valorem taxauthority to imposeviolations of ordinancesauthority to punish 4004 PLUMBING CONTRACTORS Defined, regulated 424 PODIATRISTS Grounds for refusal or revocation of license 796 POOLER, TOWN OF Aldermanic boardcomposition 3865 POPULATION BILLS Limitation on passage by general assembly 1205 POST MORTEM EXAMINATIONS Time limit for release of body after same 728 POWDER SPRINGS Downtown development authorityvacancies in membership, etc. 4279 PRACTICE OF MEDICINE Reports relating to denials, revocations or restrictions of staff privileges, etc. 882 Requisites for taking licensing examination changed 881 PREPAID LEGAL SERVICES Insurance companies authorized to write plans, etc. 748 PRESCRIPTIONS FOR SCHEDULE III, IV AND V CONTROLLED SUBSTANCES Form and content 349 PRESENTENCE OR POSTSENTENCE INVESTIGATIONS Confidentiality 697 PRISON GUARD REDEFINED Respecting indemnification of law enforcement officers 1469 PRIVATE COLLEGES AND UNIVERSITIES AUTHORITY Created; composition of authority; terms; powers; duties, etc. 1820 PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITY ACT Short title changed 1820

Page 1940

PRIVATE DETECTIVE AND SECURITY AGENCIES Suspension of licenses 489 PROBATE COURTS See also Tabular Indexsame heading Costs in certain counties (38,000-38,200) 404 Judges minimum salary 482 Judgesproceeding when disqualifiedcertain counties (550,000 or more) 544 Schedule of costs changed 867 PROBATE IN SOLEMN FORM Petition for noticeservice by mail 511 PROBATION SYSTEM, STATE-WIDE DeKalb Countyapproval of county becoming a part 3982 PROBATIONERS Community service programslive-in attendants for disabled persons 1593 PROCESS, SERVICE Fees charged by secretary of state for accepting service on nonresidents 1474 PROCESS, SERVICE ON NONRESIDENTS Mannerhow perfected 1474 PROPERTY EXEMPT FROM LEVY AND SALE Requirements for eligibility, etc. 1170 PUBLIC OFFICERS AND EMPLOYEES Salaries of certain public officials 719 PUBLIC OFFICE-HOLDERS Eligibility requirements 930 PUBLIC OFFICIALS AND EMPLOYEES Conflict of interestcertain conduct prohibited 1326 PUBLIC RETIREMENT SYSTEMS LAW Enacted 1368 PUBLIC SAFETY, DEPARTMENT OF Issuance of free identification cards to certain persons 461 PUBLIC SCHOOL CHILDREN Screening for scoliosis authorized 1547

Page 1941

PUBLIC SERVICE COMMISSION Annual salary of members 1831 PUBLIC WORKS CONTRACTS Periodic paymentsretention limited 475 PURCHASE WITHOUT COMPETITIVE BIDDING Dollar limits changed as to certain state agencies 520 R RABUN COUNTY Board of commissionerscompensation of chairman and members 3716 Clerk superior courtcompensation 4155 RAILROAD COMPANIES Shareholders' annual meetings 445 REAL ESTATE BROKERS AND SALES PERSONS License feesrenewal of licenses, etc. 1411 REAL ESTATE TRANSFER TAX Effect of filing instrument as to notice 725 REAL PROPERTY TAXATION Preference where property devoted to bona fide agricultural purposes 1850 REDISTRICTING OF 4TH AND 5TH CONGRESSIONAL DISTRICTS 1981 plan 2C REFFNER, MARY D. Compensation 4381 RESIDENTIAL HOUSING Secondary market program 1228 RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW Definitions, applicability 515 RESTITUTION OF AMOUNT OF BAD CHECK, ETC. Made while offender serves a probated or suspended sentence, etc. 1189 RETAIL INSTALLMENT CONTRACTORS Fees charged for dishonored checks or drafts 1430

Page 1942

RETAIL SALES TAX Levy for metropolitan Atlanta rapid transit authority extended 1079 REVENUE SHORTFALL RESERVE Appropriation for fiscal 1983 authorized 1815 REYNOLDS, CITY OF Charter amendmentscompetitive bids 3875 Judge municipal courtqualifications 3875 RICHMOND COUNTY Civil courtcompensation of judges 4173 Constitutional amendmentconsolidation of county and City of Augusta tax assessors continued in force 4094 Compensation of certain officials changed 4173 Treasureroffice abolished 3863 Exemption of certain property from ad valorem taxation continued 4143 Limitations on local taxing jurisdictions continued 3870 Richmond County board of health continued 4702 Sheriff's merit system board created 4495 RIVERDALE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments ROCKDALE COUNTY See also Tabular IndexCounty MattersHome Rule Amendments Magistrate courtpractice, procedure, jurisdiction, etc. 3651 ROCKMART, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Recorderauthority to punish for law violations and contempt 4046 ROME, CITY OF Board of educationadditional memberelection of members, etc. 3641 Commission memberselectioncompensation 4188 ROSSVILLE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments S SAFE DAMS STUDY COMMISSION Created 582 SALE CITY, CITY OF Mayor and councilmenterms and election procedures 3748

Page 1943

SALES TAX, JOINT COUNTY AND MUNICIPAL Distribution 1461 SALVAGE MOTOR VEHICLES OR PARTS Sale to an unlicensed dealer prohibited 699 SAPELO HERITAGE AUTHORITY Created 623 SAVANNAH, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Board of aldermenmanner of filling vacancies 3827 Board of public education for the City of Savannah and the County of Chathammember's compensation 4153 City of Savannah and Chatham County school systemdistricts 3759 City of Savannah and Chatham County school systemterms of president and board membersreferendum 4039 Easement to resource recovery development authority 586 SCHOOL BUSES Certain laws relating to school buses inapplicable to publicly owned transit system 633 SCHOOL BUS DRIVERS Minimum salaries prescribed 1218 SCHOOLS, STATE AID TO LOCAL SYSTEMS Program of grants authorized 823 SCOLIOSIS Screening of public school children for same 1547 SCREVEN COUNTY State courtcompensation of judge and solicitor 3923 SECRETARY OF STATE Annual salary 1831 Copies of resolutions activating downtown development authorities to be filed with secretary of state 1346 Fees for accepting service of process on nonresidents 1474 SECRETARY OF STATE CORPORATIONS Minimum number of directors 506 SECRETARY OF THE SENATE Manner of election and term 494

Page 1944

SECURITIES DEALERS AND SALESMEN Exemption from requirement to provide surety bonds 781 SEMINOLE COUNTY Board of educationelection of members, manner of filling vacanciesprocedurescompensation 3994 SENATE Secretarymanner of election and term 494 Sergeant-at-arms provided 385 SERVICE MARKS Registration fees 1470 SHERIFFS' RETIREMENT FUND OF GEORGIA Additional member of board of commissioners, etc. 1185 SMALL CLAIMS COURTS Wilcox Countyestablished 3984 SMALL CLAIMS COURTS See Tabular Indexsame heading SOUTH COBB DEVELOPMENT AUTHORITY Area enlarged 4324 SOUTHERN JUDICIAL CIRCUIT Supplement to compensation of judge 753 SPALDING COUNTY Griffin-Spalding County development authoritypowers and duties defined 3834 Sale of certain tract located in Spalding County authorized 995 SPECIALIZED LAND TRANSACTIONS Georgia time-share act enacted 1255 STATE AND LOCAL BONDED OBLIGATIONS Purposes, etc. 839 STATE BOARD OF EDUCATION Manner of filling vacancies 495 STATE BOARD OF EQUALIZATION Appeals of tax assessments to same 1834

Page 1945

STATE BOARD OF MEDICAL EXAMINERS Directed to adopt certain rules 590 STATE BOARD OF PARDONS AND PAROLES Members, meetings, duties, etc. 500 STATE BOARD OF PHARMACY Authorize to delete drugs from list of dangerous drugs 349 STATE BOARD OF RECREATION EXAMINERS Termination date changed 679 STATE BOXING COMMISSION Created 941 STATE CONSTRUCTION INDUSTRY LICENSING BOARD Createdpowers, etc. 424 STATE COURTS See also Tabular Indexsame heading Jurisdiction, qualifications and compensation of judgesuniformity 1419 STATE LICENSED AND BONDED WAREHOUSES Financial statements of licenses and applicants 946 STATE MEDICAL EDUCATION BOARD Createdorganization, powers, etc. 951 STATE MERIT SYSTEM Covered employees defined 459 STATE REPRESENTATIVE DISTRICTS Composition of certain districts changed 1123 STATE REVENUE COMMISSIONERS Annual salary 1831 Qualifications for office 526 STATESBORO, CITY OF Recorder's courtmaximum amount of fines authorized 4247 STATE TOLLWAY AUTHORITY Maintenance and operational assistance by department of transportation 635

Page 1946

STATE WATER WELL STANDARDS ADVISORY COUNCIL Termination date changed 478 STATE-WIDE FIRE PROTECTION STUDY COMMITTEE Resolution creating amended 999 STONE MOUNTAIN JUDICIAL CIRCUIT Judges' salary supplements 775 STRUCTURAL PEST CONTROL LAW Amended 739 SUMMERVILLE City managerposition created 4614 SUMTER COUNTY Clerk of superior court; probate court judge, sheriff, tax commissionerminimum compensationsupplements 4079 Sheriffcompensation 4002 Tax commissionercompensation 4000 SUPERIOR COURTS See also Tabular Indexsame heading Clerks' minimum annual salarydetermination of population in certain counties 581 Clerks' minimum annual salary fixed by county population 578 Clerk's retirement fundcharges for filing civil cases 555 Clerkstraining required 1306 Filing fees 1210 Judges' salary supplements, certain counties (38,000-39,000) 403 SUPREME COURT Terms, divisions, procedure, records, minutes, etc. 956 SUPPLEMENTARY APPROPRIATIONS ACT Enacted 159 T TALBOT COUNTY Board of commissionerselection of members, terms of office, etc. 4105 TATTNALL COUNTY Probate courtmethod of compensating judge changed 4270

Page 1947

TAX ASSESSORS AND TAX EQUALIZATION BOARDS, COUNTY Qualifications changed 576 TAXATION Banks and building and loan associations revised 1350 Execution and levy to collect fees, etc. due state 1834 TAXATION, AD VALOREM Date of making returns changed 1849 TAXATION, ASSESSMENTS Appeals to state board of equalization; procedures 1834 Service of notice of same 1834 TAXATIONDELINQUENT TAXES Rate of interest and penalty in certain counties (175,000-190,000) 752 TAX EXECUTION FEES Law relating to assessment of same changed 575 TAX EXECUTIONS Entry of satisfaction 1834 Garnishmentsjurisdiction over 1834 Proceeding for prevention of dormancy 1834 TAX SALES Amounts to be paid upon redemption 822 TAYLORSVILLE, TOWN OF Charter amendmentsreferendum 4161 TEACHERS RETIREMENT SYSTEM OF GEORGIA Beneficiaries authorized to act as teachers' aides or substitutes 949 Certified professional personnel defined 1859 Election of membership in employees retirement system of Georgia 1859 TECHNICIANS ASSISTING VETERINARIANS Laws regulating revised 705 TELEGRAPH COMPANIES Procedure for incorporation 859 TEMPORARY DISABILITY OF ELECTED CONSTITUTIONAL OFFICERS Procedures 1207

Page 1948

TEMPORARY GUARDIANS FOR MINORS Appointment in certain cases 692 TENANTS IN COMMON Sale of interests of petitioners for partition 1182 TERRELL COUNTY Small claims court costs 3711 THE METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 Amended 764 THE USED MOTOR VEHICLE DISMANTLERS, REBUILDERS AND SALVAGE DEALERS REGISTRATION ACT Amended 710 THIRD-PARTY PRESCRIPTION PROGRAM ACT Enacted 1441 THOMAS COUNTY Board of commissioners created, election, etc. 3605 Small claims courtelection of judge 3902 THOMASTON, CITY OF Board of educationmethod of selecting members changed 3506 Thomaston-Upson county office building authoritypowers defined 3951 THOMPSON, GEORGE W. Bridge designated 4091 TICKET SCALPING Prohibitedservice charges authorized 1468 TIFT COUNTY Board of commissionersauthority to fix salary of chairman 3954 Board of commissionersauthority to fix salary of tax commissioner 3956 TIFTON-TIFT COUNTY Charter commission act enacted 3590 TIME-SHARE ESTATES Georgia time-share act enacted 1255

Page 1949

TOOMBS CIRCUIT Lincoln County grand jury terms 774 TOWNS COUNTY Georgia mountain fair authorityqualifications of membersproject defined 3776 Probate judgemanner of compensating 4620 Sheriffcompensationdeputies authorizedcompensationcounty automobiles 4074 TRADEMARKS Registration fees 1470 TRAINERS, ATHLETIC Licensing 444 TREASURERS, COUNTY Jasper Countyoffice abolished 4605 Manner of electionterms of office 1212 Richmond Countyoffice abolished 3863 TUCKER, MAMIE O. ESTATE Land conveyance 969 TUCKER, W.R., HEIRS AND OTHERS Land conveyance 969 TURNER, MYRTIE VERA Land conveyance 969 TURNER, MYRTIE VERA, AND CLINTON W., AS EXECUTORS OF ESTATE OF MAMIE O. TUCKER Land conveyance 969 TYBEE ISLAND, CITY OF Charter amendmentsreferendum 3586 TYRONE, TOWN OF Councilmen, termselection 4704 U UNEMPLOYMENT COMPENSATION Maximum weekly benefit increased 1592

Page 1950

UNION POINT, CITY OF Authority to assess fines and punishment 4061 UNION COUNTY Board of educationelection of members, vacancies, etc.referendum 4514 UNIVERSITY OF GEORGIA BICENTENNIAL SPECIAL LICENSE PLATES Issuance authorized 1466 UPSON COUNTY Thomaston-Upson County office building authoritypowers defined 3951 USED CAR DEALERS Law regulating business changed 550 V VEHICLE EQUIPMENT SAFETY COMPACT Georgia withdrawn 691 VETERANS Office of commissioner of veterans service created 1401 VETERINARIANS, TECHNICIANS ASSISTING Laws regulating revised 705 VIDALIA, CITY OF Charter amendments 4362 VITAL RECORDS Delayed certificates of birth, etc. 732 VOLUNTEER FIREMAN Georgia firemen's pension fund, firemen, volunteer fireman defined 1310 VOTER REGISTRATION Certain qualifications revised and up-dated 930 W WALKER COUNTY Probate judgemaximum compensation of personnel 3721 Superior court clerkmaximum compensation of personnel 3724 Tax commissionercompensation of office personnel 3884

Page 1951

WALTON COUNTY Sheriff's officebenefits to personnel, etc. 4357 WALTON, RICHARD Compensation 4380 WATER AND SEWER AUTHORITY, ETOWAH Members qualifications and manner of electing 3718 WATER AND SEWERAGE AUTHORITIES Macon-Bibb County act amended 3509 WATKINSVILLE, CITY OF New charter enacted 4625 WAYNE COUNTY State courtcompensation of judge and solicitor 3931 Superior courtcompensation of clerk 3933 WHEELER COUNTY Commissioncompensation changed 4151 WHITE, MRS. MARGARET BURKE Land conveyance 592 WHITE PLAINS, CITY OF New charter enacted 4665 WILCOX COUNTY Small claims court established 3984 WILDLIFE, HUNTING Use of crossbows by handicapped persons permitted, etc. 664 WILKINSON COUNTY Board of commissionerselection, meetings, etc. 3699 Board of commissionersmembers' compensation 3697 Board of educationelection of successor board; districts, terms of office, etc. 3911 WINES, FARM PRODUCED Sales authorized and regulated 1116 WINTERVILLE, CITY OF Police courtpunishment authority 3707

Page 1952

WORKERS' COMPENSATION Duty of board to inform injured worker of rights 700 Expenses of deceased employee's last illness and burial expenses changed 700 WORTH COUNTY Small claims courtjurisdictional amounttenure of judgefees and costs 3960 WRITINGS AS EVIDENCE, AUTHENTICATION Writings which may be received, etc 525 WRITS OF POSSESSION Issuance to owners of rented or leased personal property 724

Page 1953

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 1956

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 1958

MEMBERS OF THE GENERAL ASSEMBLY GEORGIA STATE SENATE COUNTY Senatorial District Appling 6, 20 Atkinson 7 Bacon 6 Baker 11 Baldwin 25 Banks 47 Barrow 48 Bartow 31, 52 Ben Hill 13 Berrien 7 Bibb 18, 26, 27 Bleckley 19 Brantley 6 Brooks 8 Bryan 3, 4 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4 Carroll 29, 30 Catoosa 53, 54 Charlton 6 Chatham 1, 2, 3 Chattah'ee 11, 15 Chattooga 53 Cherokee 37, 51 Clarke 46 Clay 11 Clayton 17, 44 Clinch 7 Cobb 32, 33, 37, 56 Coffee 19 Colquitt 10, 13 Columbia 23, 24 Cook 8 Coweta 28 Crawford 27 Crisp 13 Dade 53 Dawson 50 Decatur 10 DeKalb 5, 41/43, 55 Dodge 19 Dooly 13 Dougherty 12 Douglas 30, 34 Early 11 Echols 8 Effingham 4 Elbert 47 Emanuel 21 Evans 4 Fannin 51 Fayette 34 Floyd 52 Forsyth 49, 56 Franklin 47 Fulton 34/36, 38/40 56 Gilmer 51 Glascock 21 Glynn 3, 6 Gordon 51 Grady 10 Greene 24 Gwinnett 9, 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 29 Hart 47 Heard 29 Henry 17 Houston 18 Irwin 13 Jackson 46, 47 Jasper 25 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 27 Lanier 7 Laurens 20 Lee 14 Liberty 3 Lincoln 24 Long 4 Lowndes 8 Lumpkin 50 Macon 14 Madison 47 Marion 16 McDuffie 24 McIntosh 3 Meriwether 29 Miller 11 Mitchell 11 Monroe 27 Montgomery 20 Morgan 25 Murray 54 Muscogee 15, 16 Newton 45 Oconee 46 Oglethorpe 24 Paulding 31 Peach 14 Pickens 51 Pierce 6 Pike 28 Polk 31 Pulaski 19 Putnam 25 Quitman 11 Rabun 50 Randolph 11 Richmond 22, 23 Rockdale 45 Schley 14 Screven 21 Seminole 11 Spalding 28 Stephens 50 Stewart 11 Sumter 14 Talbot 16 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 7 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 18 Union 50 Upson 27 Walker 53 Walton 45 Ware 7 Warren 24 Washington 20, 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51, 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

Page 1960

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1981-1982 District Name Address 22 Thomas F. Allgood P.O. Box 1523, Augusta 30903 18 Ed Barker P.O. Box KK, Warner Robins 31099 33 Roy E. Barnes Suite 225, 166 Anderson St., Marietta 30060 39 Julian Bond 361 West View Dr. SW, Atlanta 30310 13 Rooney L. Bowen 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 C. Broun 165 Pulaski St., Athens 30610 47 M. Parks Brown P.O. Box 37, Hartwell 30643 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 5 Joe Burton 2598 Woodwardia Rd, NE, Atlanta 30345 28 Kyle Cobb P.O. Box 1010, Griffin 30224 35 Frank E. Coggin 201 Victoria Lane, Hapeville 30354 1 J. Tom Coleman P.O. Box 22398, Savannah 31403 40 Paul D. Coverdell 2015 Peachtree St. NE, Atlanta 30309 45 Harrill L. Dawkins 2319 Rolling Acres Ct., Conyers 30207 49 J. Nathan Deal P.O. Box 2522, Gainesville 30503 31 Nathan Dean 340 Wingfoot St., Rockmart 30153 21 Bill English 214 Golf Dr., Swainsboro 30401 34 Bev Engram 749 Pinehurst Dr., P.O. Box 367, Fairburn 30213 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 25 Azalea Trail, Carrollton 30117 20 Hugh M. Gillis P.O. Box 148, Soperton 30457 26 Richard L. Greene Suite 517, Trust Co. Bank Bldg., Macon 31201 27 W. F. (Billy) Harris 1261 Willingham Springs Rd., Thomaston 30286 37 Carl Harrison P.O. Box 1374, Marietta 30061 29 J. Render Hill P.O. Box 246, Greenville 30222 52 Edward Hine, Jr. P.O. Box 5511, Rome 30161 12 Al Holloway P.O. Box 588, Albany 31702 17 Janice S. Horton 430 Burke Circle, McDonough 30253 42 Pierre Howard 1000 First National Bank Bldg., Decatur 30030 15 Floyd Hudgins P.O. Box 12127, Columbus 31907 53 Waymond C. Huggins P.O. Box 284, LaFayette 30728 4 Joseph E. Kennedy P.O. Box 246, Claxton 30417 25 Culver Kidd P.O. Box 370, Milledgeville 31061 16 Ted J. Land 1069 Standing Boy Court, Columbus 31904 23 Jimmy Lester First Federal Savings Bldg., Augusta 30901 6 Bill Littlefield Resigned 24 Sam P. McGill P.O. Box 520, Washington 30673 14 Lewis H. (Bud) McKenzie P.O. Box 565, Montezuma 31063 48 Donn M. Peevy 508 Spring Lake Rd., P.O. Box 862, Lawrenceville 30246 7 Ed Perry Route 2, Nashville 31639 9 R. T. (Tom) Phillips 1703 Pounds Rd., Stone Mountain 30087 2 Albert (Al) Scott 738 E. Victory Dr., P.O. Box 1704, Savannah 31402 36 David Scott 190 Wendell Dr. SE, Atlanta 30315 43 Thomas R. Scott 2887 Alameda Trail, Decatur 30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 38 Horace Tate 621 Lilla Dr. SW, Atlanta 30310 32 Joe Thompson P.O. Box 1045, Smyrna 30081 11 Jimmy Hodge Timmons 132 Woodlawn Blakely 31723 10 Paul Trulock P.O. Box 68, Climax 31734 8 Loyce W. Turner 608 Howellbrook Dr., Valdosta 31601 41 James W. (Jim) Tysinger 3781 Watkins Place NE, Atlanta 30319 19 Ronnie Walker P.O. Box 461, McRae 31055

Page 1962

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1981-82 District Name Address 1 J. Tom Coleman, Jr. P.O. Box 22398, Savannah 31403 2 Albert (Al) Scott 738 E. Victory Dr., P.O. Box 1704 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 4 Joseph E. Kennedy P.O. Box 246, Claxton 30417 5 Joe Burton 2598 Woodwardia Rd. NE, Atlanta 30345 6 Bill Littlefield Resigned 7 Ed Perry Route 2, Nashville 31639 8 Loyce W. Turner 608 Howellbrook Dr., Valdosta 31601 9 R. T. (Tom) Phillips 1703 Pounds Rd., Stone Mountain 30087 10 Paul Brulock P.O. Box 68, Climax 31734 11 Jimmy Hodge Timmons 132 Woodlawn, Blakely 31723 12 Al Holloway P.O. Box 588, Albany 31702 13 Rooney L. Bowen 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 1069 Standing Boy Court, 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 M. Gillis P.O. Box 148, Soperton 30457 21 Bill English 214 Golf Dr., Swainsboro 30401 22 Thomas F. Allgood P.O. Box 1523, Augusta 30903 23 Jimmy Lester First Federal Savings Bldg., Augusta 30901 24 Sam P. McGill P.O. Box 520, Washington 30673 25 Culver Kidd P.O. Box 370, Milledgevile 31061 26 Richard L. Greene Suite 517, Trust Co. Bank Bldg., Macon 31201 27 W. F. (Billy) Harris 1261 Willingham Springs Rd., Thomaston 30286 28 Kyle Cobb P.O. Box 1010, Griffin 30224 29 J. Render Hill P.O. Box 246, Greenville 30222 30 Wayne Garner 25 Azalea Trail, Carrollton 30117 31 Nathan Dean 340 Wingfoot St., Rockmart 30153 32 Joe Thompson P.O. Box 1045, Smyrna 30081 33 Roy E. Barnes Suite 225, 166 Anderson St., Marietta 30060 34 Bev Engram 749 Pinehurst Dr., P.O. Box 367, Fairburn 30213 35 Frank E. Coggin 201 Victoria Lane, Hapeville 30354 36 David Scott 190 Wendell Dr. SE, Atlanta 30315 37 Carl Harrison P.O. Box 1374, Marietta 30061 38 Horace E. Tate 621 Lilla Dr. SW, Atlanta 30310 39 Julian Bond 361 West View Dr. SW, Atlanta 30310 40 Paul D. Coverdell 2015 Peachtree St. NE, Atlanta 30309 41 James W. (Jim) Tysinger 3781 Watkins Place NE, Atlanta 30319 42 Pierre Howard 1000 First National Bank Bldg. Decatur 30030 43 Thomas R. Scott 2887 Alameda Trail, Decatur 30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 45 Harrill L. Dawkins 3219 Rolling Acres Ct., Conyers 30207 46 Paul C. Broun 165 Pulaski St., Athens 30610 47 M. Parks Brown P.O. Box 37, Hartwell 30643 48 Donn M. Peevy 508 Spring Lake Rd., P.O. Box 863 Lawrenceville 30246 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 Edward Hine, Jr. P.O. Box 5511, Rome 30161 53 Waymond C. Huggins P.O. Box 284, 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 1964

GEORGIA HOUSE OF REPRESENTATIVES County House District Appling 153 Atkinson 139, 150 Bacon 152 Baker 140 Baldwin 105, 107 Banks 11, 12 Barrow 64 Bartow 15, 19 Ben Hill 137 Berrien 146 Bibb 99/103 Bleckley 117 Brantley 152, 153 Brooks 147 Bryan 126, 129 Bulloch 110, 111 Burke 108, 110 Butts 78 Calhoun 131 Camden 151, 152 Candler 109 Carroll 69, 70, 71 Catoosa 2, 3 Charlton 150, 151 Chatham 122/128 Chattahoochee 112, 130 Chattooga 5 Cherokee 8, 10 Clarke 13, 67, 68 Clay 131 Clayton 72 Clinch 150 Cobb 20, 21 Coffee 139 Colquitt 144, 145 Columbia 83, 84 Cook 146 Coweta 71, 75, 77, 91 Crawford 80, 98 Crisp 135 Dade 1, 5 Dawson 9 Decatur 141, 142 DeKalb 43, 58 Dodge 118 Dooly 135 Daugherty 132/134, 140 Douglas 41, 42, 70 Early 140 Echols 147 Effingham 129 Elbert 14 Emanuel 109 Evans 121 Fannin 4 Fayette 43 Floyd 15, 16 Forsyth 10 Franklin 13 Fulton 22/40 Gilmer 4 Glascock 82 Glynn 155, 156 Gordon 7 Grady 142 Greene 106 Gwinnett 9, 59/64 Habersham 11 Hall 9 Hancock 106 Haralson 18 Harris 93 Hart 13 Heard 77 Henry 73, 78 Houston 113/115 Irwin 137 Jackson 12 Jasper 80 Jeff Davis 153 Jefferson 82, 108 Jenkins 110 Johnson 107, 19 Jones 80, 104 Lamar 78 Lanier 149 Laurens 118, 119 Lee 131, 136 Liberty 129, 154 Lincoln 82 Long 121 Lowndes 147, 148, 149 Lumpkin 4 Macon 98, 115 Madison 13, 14 Marion 112 McDuffie 84 McIntosh 156 Meriwether 91 Miller 140 Mitchell 144 Monroe 80 Montgomery 120 Morgan 66 Murray 3 Muscogee 92/97 Newton 66, 74 Oconee 66 Oglethorpe 14 Paulding 18, 41 Peach 98 Pickens 8 Pierce 152 Pike 75, 79 Polk 17, 18 Pulaski 117 Putnam 106 Quitman 130 Rabun 4 Randolph 130 Richmond 85/90 Rockdale 57 Schley 112 Screven 110, 111 Seminole 141 Spalding 75, 76 Stephens 11 Stewart 130 Sumter 116 Talbot 91 Taliaferro 82 Tatnall 121 Taylor 112 Telfair 118, 137 Terrell 131 Thomas 142, 143, 144 Tift 138, 146 Toombs 120, 153 Towns 4 Treutlen 120 Troup 77, 81 Turner 117, 136 Twiggs 104 Union 4 Upson 79 Walker 1, 5 Walton 65 Ware 150, 151 Warren 82 Washington 107 Wayne 153 Webster 130 Wheeler 120 White 11 Whitfield 3, 6 Wilcox 117 Wilkes 82 Wilkinson 104 Worth 136

Page 1966

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1981-82 District Representative Address 56 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 36 G. D. Adams 3417 Northside Dr. Hapeville 30354 16 John Adams 7 E. Creekview Dr. Rome 30161 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 21-Post 1 Fred Aiken 4020 Pineview Dr. SE Smyrna 30080 57-Post 3 Dean Alford 20 Willowick Dr. Decatur 30033 127 Roy L. Allen 1406 Law Dr. Savannah 31401 8-Post 1 Wendell T. Anderson, Sr. RFD 4 Canton 30114 68 Bob Argo P.O. Box 509 Athens 30603 57-Post 1 Troy A. Athon 1161 Valley Dr. NE Conyers 30207 21-Post 3 Bill Atkins 4719 Windsor Dr. Smyrna 30080 156 Dean G. Auten 628 King Cotton Row Brunswick 31520 72-Post 5 Frank I. Bailey, Jr. P.O. Box 777 Riverdale 30274 140 Ralph J. Balkcom Route 1 Blakely 31723 108 Emory E. Bargeron P.O. Box 447 202 E. Fifth St. Louisville 30434 90 Travis Stanley Barnes 407 Aumond Rd. Augusta 30904 10 Bill H. Barnett P.O. Box 755 Cumming 30130 59 O. M. (Mike) Barnett 1472 Ridgewood Dr. Lilburn 30247 148 James M. Beck 2427 Westwood Dr. Valdosta 31601 72-Post 2 Jimmy W. Benefield 6656 Morning Dove Place Jonesboro 30236 38 Lorenzo Benn 579 Fielding Lane Atlanta 30311 104 Kenneth W. (Ken) Birdsong Route 1 Gordon 31031 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 30 Paul Bolster 1043 Ormewood Ave. SE Atlanta 30316 138 Henry Bostick P.O. Box 94 Tifton 31794 137 Paul S. Branch, Jr. Route 4, Box 499-A Fitzgerald 31750 91 Claude A. Bray, Jr. P.O. Box 549 Manchester 31816 34 Tyrone Brooks Station A, P.O. Box 11185 Atlanta 30310 88 George M. Brown P.O. Box 1114 Augusta 30903 154 Joe E. Brown 114 N. Commerce St. Hinesville 31313 95 Thomas B. Buck III P.O. Box 196 Columbus 31902 20-Post 2 A. L. (Al) Burruss P.O. Box 6338 Marietta 30065 153-Post 2 Roger C. Byrd 302 N. Rogers St. Hazlehurst 31539 146 Hanson Carter 808 River Rd. Nashville 31639 133 Tommy Chambless 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-Post 1 E. M. (Buddy) Childers 15 Kirkwood St. Rome 30161 53 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 106 Jesse Copelan, Jr. P.O. Box 109 Eatonton 31024 40 Barbara H. Couch 2864 W. Roxboro Rd. NE 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 17 Bill Cummings Route 1 508 Morgan Valley Rd. Rockmart 30153 20-Post 3 George W. (Buddy) Darden P.O. Box 997 Marietta 30061 33 J. C. Daugherty 202 Daugherty Bldg. 15 Chestnut St. SW Atlanta 30314 45 J. Max Davis 1177 W. Nancy Creek Dr. NE Atlanta 30319 29 Douglas C. Dean 356 Arthur St. SW Atlanta 30310 151 Harry D. Dixon 1303 Coral Rd. Waycross 31501 74 Denny M. Dobbs 125 Hardwick Dr. Covington 30209 11-Post 1 William J. Dover Timbrook, Route 2 Clarkesville 30523 73 Wesley Dunn P.O. Box 1014 McDonough 30253 112 Ward Edwards P.O. Box 146 Butler 31006 84 Warren D. Evans P.O. Box 539 Thomson 30824 22 Dorothy Felton 465 Tanacrest Dr. NW Atlanta 30328 6-Post 2 Philip A. (Phil) Foster 411 College Dr. Apt. E 16 Dalton 30720 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 122 Ron Ginsberg P.O. Box 10105 Savannah 31412 110 John F. Godbee 401 Lane St. Brooklet 30415 63 Bill Goodwin 6427 Apple Tree Way Norcross 30092 130 Gerald E. Greene Route 3, Box 119 Cuthbert 31740 39 John W. Greer 925 Healey Bldg. Atlanta 30303 99 Denmark Groover, Jr. P.O. Box 755 Macon 31202 124 DeWayne Hamilton P.O. Box 14562 Savannah 31406 31 Mrs. Grace T. Hamilton 582 University Place NW Atlanta 30314 131 Bob Hanner Route 1 Parrott 31777 8-Post 2 W.G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 1-Post 2 Forest Hays, Jr. Route 2 Flintstone 30725 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 96 Milton Hirsch 2718 Cora Dr. Columbus 31906 72-Post 3 C. E. (Ed) Holcomb P.O. Box 122 Jonesboro 30237 28 Bob Holmes 2929 Landrum Dr. SW #D-25 Atlanta 30311 116 George Hooks P.O. Box 928 Americus 31709 103 Frank Horne, Jr. 850 Walnut St. Macon 31201 117 Newt Hudson Route 1, Box 298 Rochelle 31079 11 Jack Irvin, Sr. Route 1, Box 217 Baldwin 30511 21-Post 2 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 65 Neal Jackson 316 N. Broad St. Monroe 30655 83 William S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 123 Diane Harvey Johnson 1201 E. Duffy St. P.O. Box 5544 Savannah 31404 21-Post 4 Frank B. Johnson 436 Concord Rd. Smyrna 30080 70 Gerald Johnson P.O. Box 815 Carrollton 30117 72-Post 4 Rudolph Johnson 5604 Reynolds Rd. Morrow 30260 76 Suzi Johnson P.O. Box 124 Orchard Hill 30266 78 Bill Jones P.O. Box 3933 Jackson 30233 109 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 42 Thomas M. Kilgore 1992 Tara Circle Douglasville 30135 66 E. Roy Lambert P.O. Box 169 Madison 30650 111 Bob Lane 105 Wilton Dr. Statesboro 30458 27 Dick Lane 2704 Humphries St. East Point 30344 20-Post 5 Terry Lawler 4887 Mosley Rd. Clarkdale 30020 49 Tom Lawrence 2283 Stratmor Dr. Stone Mountain 30087 9-Post 2 Bobby Lawson 1237 Dixon Circle Gainesville 30501 72-Post 1 Bill Lee 5325 Hillside Dr. Forest Park 30050 44 John Linder 5039 Winding Branch Dr. Dunwoody 30338 67 Hugh Logan 1328 Prince Ave. Athens 30601 142 Bobby Long 1466 6th St., NW Cairo 31728 107 Jimmy Lord P.O. Box 254 Sandersville 31082 102 David E. Lucas 448 Woolfolk St. Macon 31201 25 John M. Lupton 2220 Peachtree NW Atlanta 30309 7 J. C. Maddox Route 1 Calhoun 30701 57-Post 2 William C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 26 Sidney J. Marcus 845 Canterbury Rd. NE Atlanta 30324 60 Charles C. Martin 470 Hill St. Buford 30518 145 Hugh D. Matthews Route 1, Box 913 Moultrie 31768 12 Lauren (Bubba) McDonald, Jr. Route 5 Dogwood Trail Commerce 30529 15-Post 2 Forrest L. McKelvey 104 Hooper St., RFD 1 Lindale 30147 35 J. E. (Billy) McKinney 765 Shorter Terrace NW Atlanta 30318 155 N. Shaw McVeigh P.O. Box 1542 Brunswick 31521 13-Post 2 Billy Milford Route 3 Hartwell 30643 61 Rex A. Millsaps 737 Nottingham Dr. Lawrenceville 30245 153-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 139 James C. Moore Route 2 West Green 31567 47 Chesley V. Morton 3069-B Colonial Way Chamblee 30341 75 John L. Mostiler 150 Meadovista Dr. Griffin 30223 126 Anne Mueller 13013 Hermitage Rd. Savannah 31406 81 Ed Mullinax P.O. Drawer 1649 LaGrange 30241 18 Thomas B. Murphy P.O. Drawer 1076 Bremen 30110 121 Clinton Oliver P.O. Box 237 Glennville 30427 86 Mike Padgett Route 1, Box 5 Augusta 30906 105 Bobby Eugene Parham P.O. Box 606 Milledgeville 31061 149 Robert L. Patten Route 1, Box 180 Lakeland 31635 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold 30736 19 Boyd Pettit P.O. Box 1256 Cartersville 30120 125 Bobby Phillips 9219 Melody Dr. Savannah 31406 120 L. L. (Pete) Phillips P.O. Box 166 Soperton 30457 93 W. Randolph Phillips Route 1 Shiloh 31826 100 Frank C. Pinkston 850 Walnut St. Macon 31201 119 Dubose Porter 125 N. Franklin St. Dublin 31021 135 Howard H. Rainey 913 Third Ave., E Cordele 31015 3 Tom Ramsey P.O. Box 1130 Chatsworth 30705 101 William C. (Billy) Randall 2770 Hillcrest Ave. Macon 31204 98 Robert Ray Route 1, Box 189 Fort Valley 31030 147 Henry L. Reaves Route 2, Box 80 Quitman 31643 50 Frank L. Redding, Jr. P.O. Box 117 Decatur 30030 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 58 Cas Robinson 4720 Fellswood Dr. Stone Mountain 30083 82 Ben Barron Ross P.O. Box 245 Lincolnton 30817 64 John D. Russell P.O. Box 588 Winder 30680 32 Mrs. Helen Selman Jones Ferry Rd., Box 315 Palmetto 30268 71 J. Neal Shepard, Jr. 21 Fifth St. Newnan 30263 143 Allen Sherrod Route 1 Coolidge 31738 37 Georganna Sinkfield 179 Tonawanda Dr., S.E. Atlanta 30315 136 Earleen Sizemore Route 3 Sylvester 31791 152 Tommy Smith Route 1 Alma 31510 92 Calvin Smyre P.O. Box 181 Columbus 31902 46 Cathey W. Steinberg 1732 Dunwoody Place NE Atlanta 30324 69 Charles Thomas P.O. Box 686 Temple 30179 20-Post 4 Steve Thompson 4265 Bradley Dr. Austell 30001 24 Kiliaen V. R. (Kil) Townsend 3390 Peachtree Rd. NE Atlanta 30326 128 Tom Triplett P.O. Box 9586 Savannah 31402 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 113 Ted W. Waddle 113 Tanglewood Dr. Warner Robins 31093 80 Kenneth Waldrep 87 N. Lee St. Forsyth 31029 85 Charles W. Walker 1402 Twelfth St. Augusta 30901 115 Larry Walker P.O. Box 1234 Perry 31069 77 J. Crawford Ware P.O. Box 305 Hogansville 30230 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31099 41 Charlie Watts 505 Hardee St. Dallas 30132 132 John White P.O. Box 3506 Albany 31706 62 Thomas Hulet (Tom) White 404 James St. Lilburn 30247 21-Post 5 Tom Wilder 2920 Rockbridge Rd. Marietta 30066 48 Betty Jo Williams 2024 Castleway Dr. NE Atlanta 30345 54 Hosea L. Williams, Sr. 8 E. Lake Dr. NE Atlanta 30317 6-Post 1 Roger Williams 132 Huntington Rd. Dalton 30720 20-Post 1 Joe Mack Wilson 217 Church St. Marietta 30060 9-Post 1 Joe T. Wood P.O. Drawer 1417 Gainesville 30503 51 Ken Workman 3383 Hyland Dr. Decatur 30032 14 Charles W. Yeargin P.O. Box 584 Elberton 30635 134 Mary Young 423 Holloway Ave. Albany 31705

Page 1974

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1982-83 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 2 Forest Hays, Jr. Route 2 Flintstone 30725 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold 30736 3 Tom Ramsey 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 Philip A. (Phil) Foster 411 College Dr. Apt. E 16 Dalton 30720 7 J. C. Maddox Route 1 Calhoun 30701 8-Post 1 Wendell T. Anderson, Sr. RFD 4 Canton 30114 8-Post 2 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 9-Post 1 Joe T. Wood P.O. Drawer 1417 Gainesville 30503 9-Post 2 Bobby Lawson 1237 Dixon Circle Gainesville 30501 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 10 Bill H. Barnett P.O. Box 755 Cumming 30130 11-Post 1 William J. Dover Timbrook, Route 2 Clarkesville 30523 11-Post 2 Jack Irvin, Sr. Route 1, Box 217 Baldwin 30511 12 Lauren (Bubba) Mcdonald, Jr. Route 5 Dogwood Trail Commerce 30529 13-Post 1 Louie Max Clark RFD 2 Danielsville 30633 13-Post 2 Billy Milford Route 3 Hartwell 30643 14 Charles W. Yeargin P.O. Box 584 Elberton 30635 15-Post 1 E. M. (Buddy) Childers 15 Kirkwood St. Rome 30161 15-Post 2 Forrest L. McKelvey 104 Hooper St., RFD 1 Lindale 30147 16 John Adams 7 E. Creekview Dr. Rome 30161 17 Bill Cummings Route 1 508 Morgan Valley Rd. Rockmart 30153 18 Thomas B. Murphy P.O. Drawer 1076 Bremen 30110 19 Boyd Pettit P.O. Box 1256 Cartersville 30120 20-Post 1 Joe Mack Wilson 217 Church St. Marietta 30060 20-Post 2 A. L. (Al) Burruss P.O. Box 6338 Marietta 30065 20-Post 3 George W. (Buddy) Darden P.O. Box 997 Marietta 30061 20-Post 4 Steve Thompson 4265 Bradley Dr. Austell 30001 20-Post 5 Terry Lawler 4887 Mosley Rd. Clarkdale 30020 21-Post 1 Fred Aiken 4020 Pineview Dr. SE Smyrna 30080 21-Post 2 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 21-Post 3 Bill Atkins 4719 Windsor Dr. Smyrna 30080 21-Post 4 Frank B. Johnson 436 Concord Rd. Smyrna 30080 21-Post 5 Tom Wilder 2920 Rockbridge Rd. Marietta 30066 22 Dorothy Felton 465 Tanacrest Dr. NW Atlanta 30328 23 Luther S. Colbert 495 Houze Way Roswell 30076 24 Kiliaen V. R. (Kil) Townsend 3390 Peachtree Rd. NE Atlanta 30326 25 John M. Lupton 2220 Peachtree NW Atlanta 30309 26 Sidney J. Marcus 845 Canterbury Rd. NE Atlanta 30324 27 Dick Lane 2704 Humphries St. East Point 30344 28 Bob Holmes 2929 Landrum Dr. SW #D-25 Atlanta 30311 29 Douglas C. Dean 356 Arthur St. SW Atlanta 30310 30 Paul Bolster 1043 Ormewood Ave. SE Atlanta 30316 31 Mrs. Grace T. Hamilton 582 University Place NW Atlanta 30314 32 Mrs. Helen Selman Jones Ferry Rd., Box 315 Palmetto 30268 33 J. C. Daugherty 202 Daugherty Bldg. 15 Chestnut St. SW Atlanta 30314 34 Tyrone Brooks Station A, P.O. Box 11185 Atlanta 30310 35 J. E. (Billy) McKinney 765 Shorter Terrace NW Atlanta 30318 36 G. D. Adams 3417 Northside Dr. Hapeville 30354 37 Georganna T. Sinkfield 179 Tonawanda Dr., S.E. Atlanta 30315 38 Lorenzo Benn 579 Fielding Lane Atlanta 30311 39 John W. Greer 925 Healey Bldg Atlanta 30303 40 Barbara H. Couch 2864 W. Roxboro Rd. NE Atlanta 30324 41 Charlie Watts 505 Hardee St. Dallas 30132 42 Thomas M. Kilgore 1992 Tara Circle Douglasville 30135 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 44 John Linder 5039 Winding Branch Dr. Dunwoody 30338 45 J. Max Davis 1177 W. Nancy Creek Dr. NE Atlanta 30319 46 Cathey W. Steinberg 1732 Dunwoody Place NE Atlanta 30324 47 Chesley V. Morton 3069-B Colonial Way Chamblee 30341 48 Betty Jo Williams 2024 Castleway Dr. NE Atlanta 30345 49 Tom Lawrence 2283 Stratmor Dr. Stone Mountain 30087 50 Frank L. Redding, Jr. P.O. Box 117 Decatur 30030 51 Ken Workman 3383 Hyland Dr. Decatur 30032 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Mrs. Mobley (Peggy) Childs 520 Westchester Dr. Decatur 30030 54 Hosea L. Williams, Sr. 8 E. Lake Dr. NE Atlanta 30317 55 Betty J. Clark P.O. Box 17852 Atlanta 30316 56 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 57-Post 1 Troy A. Athon 1161 Valley Dr. NE Conyers 30207 57-Post 2 William C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 57-Post 3 Dean Alford 20 Willowick Dr. Decatur 30033 58 Cas Robinson 4720 Fellswood Dr. Stone Mountain 30083 59 O. M. (Mike) Barnett 1472 Ridgewood Dr. Lilburn 30247 60 Charles C. Martin 470 Hill St. Buford 30518 61 Rex A. Millsaps 737 Nottingham Dr. Lawrenceville 30245 62 Thomas Hulet (Tom) White 404 James St. Lilburn 30247 63 Bill Goodwin 6427 Apple Tree Way Norcross 30092 64 John D. Russell P.O. Box 588 Winder 30680 65 Neal Jackson 316 N. Broad St. Monroe 30655 66 E. Roy Lambert P.O. Box 169 Madison 30650 67 Hugh Logan 1328 Prince Ave. Athens 30601 68 Bob Argo P.O. Box 509 Athens 30603 69 Charles Thomas P.O. Box 686 Temple 30179 70 Gerald Johnson P.O. Box 815 Carrollton 30117 71 J. Neal Shepard, Jr. 21 Fifth St. Newnan 30263 72-Post 1 Bill Lee 5325 Hillside Dr. Forest Park 30050 72-Post 2 Jimmy W. Benefield 6656 Morning Dove Place Jonesboro 30236 72-Post 3 C. E. (Ed) Holcomb P.O. Box 122 Jonesboro 30237 72-Post 4 Rudolph Johnson 5604 Reynolds Rd. Morrow 30260 72-Post 5 Frank I. Bailey Jr. P.O. Box 777 Riverdale 30274 73 Wesley Dunn P.O. Box 1014 McDonough 30253 74 Denny M. Dobbs 125 Hardwick Dr. Covington 30209 75 John L. Mostiler 150 Meadovista Dr. Griffin 30223 76 Suzi Johnson P.O. Box 124 Orchard Hill 30266 77 J. Crawford Ware P.O. Box 305 Hogansville 30230 78 Bill Jones P.O. Box 3933 Jackson 30233 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 80 Kenneth Waldrep 87 N. Lee St. Forsyth 31029 81 Ed Mullinax P.O. Drawer 1649 LaGrange 30241 82 Ben Barron Ross P.O. Box 245 Lincolnton 30817 83 William S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 84 Warren D. Evans P.O. Box 539 Thomson 30824 85 Charles W. Walker 1402 Twelfth St. Augusta 30901 86 Mike Padgett Route 1, Box 5 Augusta 30906 87 Jack Connell P.O. Box 308 Augusta 30903 88 George M. Brown P.O. Box 1114 Augusta 30903 89 Donald E. (Don) Cheeks 714 Westminster Court Augusta 30909 90 Travis Stanley Barnes 407 Aumond Rd. Augusta 30904 91 Claude A. Bray, Jr. P.O. Box 549 Manchester 31816 92 Calvin Smyre P.O. Box 181 Columbus 31902 93 W. Randolph Phillips Route 1 Shiloh 31826 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 95 Thomas B. Buck III P.O. Box 196 Columbus 31902 96 Milton Hirsch 2718 Cora Dr. Columbus 31906 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 98 Robert Ray Route 1, Box 189 Fort Valley 31030 99 Denmark Groover, Jr. P.O. Box 755 Macon 31202 100 Frank C. Pinkston 850 Walnut St. Macon 31201 101 William C. (Billy) Randall 2770 Hillcrest Ave. Macon 31204 102 David E. Lucas 448 Woolfolk St. Macon 31201 103 Frank Horne, Jr. 850 Walnut St. Macon 31201 104 Kenneth W. (Ken) Birdsong Route 1 Gordon 31031 105 Bobby Eugene Parham P.O. Box 606 Milledgeville 31061 106 Jesse Copelan, Jr. P.O. Box 109 Eatonton 31024 107 Jimmy Lord P.O. Box 254 Sandersville 31082 108 Emory E. Bargeron P.O. Box 447 202 E. Fifth St. Louisville 30434 109 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 110 John F. Godbee 401 Lane St. Brooklet 30415 111 Bob Lane 105 Wilton Dr. Statesboro 30458 112 Ward Edwards P.O. Box 146 Butler 31006 113 Ted W. Waddle 113 Tanglewood Dr. Warner Robins 31093 114 Roy H. (Sonny) Waston, 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 Newt Hudson Route 1, Box 298 Rochelle 31079 118 Terry L. Coleman P.O. Box 157 Eastman 31023 119 DuBose Porter 125 N. Franklin St. Dublin 31021 120 L.L. (Pete) Phillips P.O. Box 166 Soperton 30457 121 Clinton Oliver P.O. Box 237 Glennville 30427 122 Ron Ginsberg P.O. Box 10105 Savannah 31412 123 Diane Harvey Johnson 1201 E. Duffy St. P.O. Box 5544 Savannah 31404 124 DeWayne Hamilton P.O. Box 14562 Savannah 31406 125 Bobby Phillips 9219 Melody Dr. Savannah 31406 126 Anne Mueller 13013 Hermitage Rd. Savannah 31406 127 Roy L. Allen 1406 Law Dr. Savannah 31401 128 Tom Triplett P.O. Box 9586 Savannah 31402 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 130 Gerald E. Greene Route 3, Box 119 Cuthbert 31740 131 Bob Hanner Route 1 Parrott 31777 132 John White P.O. Box 3506 Albany 31706 133 Tommy Chambless P.O. Box 2008 Albany 31702 134 Mary Young 423 Holloway Ave. 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 31740 138 Henry Bostick P.O. Box 94 Tifton 31794 139 James C. Moore Route 2 West Green 31567 140 Ralph J. Balkcom Route 1 Blakely 31723 141 Walter E. Cox 202 West St. Bainbridge 31717 142 Bobby Long 1466 6th St., NW Cairo 31728 143 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 Hanson Carter 808 River Rd. Nashville 31639 147 Henry L. Reaves Route 2, Box 80 Quitman 31643 148 James M. Beck 2427 Westwood Dr. Valdosta 31601 149 Robert L. Patten Route 1, Box 180 Lakeland 31635 150 Tom Crosby, Jr. 705 Wacona Dr. Waycross 31501 151 Harry D. Dixon 1303 Coral Rd. Waycross 31501 152 Tommy Smith Route 1 Alma 31510 153-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 153-Post 2 Roger C. Byrd 302 N. Rogers St. Hazlehurst 31539 154 Joe E. Brown 114 N. Commerce St. Hinesville 31313 155 Norman Shaw McVeigh P.O. Box 1542 Brunswick 31521 156 Dean G. Auten 628 King Cotton Row Brunswick 31520

Page 1982

RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1982 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 1982 36 36 TOTALS 943 42 49 852

Page 1983

REFERENDUM ELECTIONS1953-1976 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session : County Page No . SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613

Page 1984

Georgia Laws 1953, November-December session : County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain County Officerscompensation 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote : For202; Agn132 County vote : For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-54 For253 Agn290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For259 Agn189 Sumter 2972 City of Americus 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote : For140; Agn6 Outside city vote : For64; Agn53 Twiggs 2570 County Commissioners 11-2-54 For161 Agn626 Georgia Laws, 1955 : County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn716 Clarke 3057 City of Athens/Clarke Countyschool systems 5-4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton Fulton 2884 City of College Park 5-14-55 For46 Agn13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4-5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206

Page 1987

Georgia Laws, 1956 : County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For107 Agn58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For463 Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 Carroll 2797 City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 or 2) 2040 City of Forest Park Election Results Not Known Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton Fulton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Cityvote: Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultire Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area 1-West Moultrie Area: For99; Agn57 [UNK] Area vote: Area 2-Colonial Heights Area: For145; Agn83 Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway Area: For29; Agn107 Area 6-Sylvester Drive Area: For78 Agn144 2932 DeKalb City Court of Decatur 5-16-56 For12,520 3237 Agn5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 DeKalb (1 of 2) 2021 Commission Chairman 5-16-56 For: (a)4,743 For: (b)15,300 Fayette Tax Commissioner 2-25-56 For292 3507 Agn37 Glascock Sheriffcompensation 3-14-56 For498 2502 Agn227 Gwinnett Tax Commissioner 11-6-56 For3,383 3166 Agn1,641 Hall City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 City of Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote : For6179; Agn2356 Outside city vote : For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote : For948; Agn595 Affected area : For365; Agn400 Thomas 3159 Certain County Officerscompensation 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote : For216; Agn117 Outside city vote : For41, Agn159 Colquitt 2830 City of Moultrie 10-1-56 * 2932 DeKalb City Court of Decatur 5-16-56 For12,520 3237 Agn5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 DeKalb (1 of 2) 2022 Commission Chairman 5-16-56 For: (a)4,743 For: (b)15,300 Fayette Tax Commissioner 2-25-56 For292 3507 Agn37 Glascock Sheriffcompensation 3-14-56 For498 2502 Agn227 Gwinnett Tax Commissioner 11-6-56 For3,383 3166 Agn1,641 Hall City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 City of Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote : For6179; Agn2356 Outside city vote : For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote : For948; Agn595 Affected area : For365; Agn400 Thomas 3159 Certain County Officerscompensation 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote : For216; Agn117 Outside city vote : For41, Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831 Georgia Laws, 1957 : County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn314 Bulloch 2877 City of Statesboro 7-26-57 Area 1 : For312; Agn14 Area 2 : For312; Agn14 Area 3 : For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For422 Agn128 Clarke 2033 City of Athens 2-27-57 For617 Agn2112 2036 City of Athens 2-27-57 For714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For73 Agn181 Coffee 2833 City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote : For50; Agn53 Affected area : For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote : For78; Agn12 Outside city vote : For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18 Georgia Laws, 1958 : County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-59 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Agn115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11-4-58 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 For223 Agn37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For2 Agn0 Clayton Fulton 2363 City of College Park 5-14-58 For10 Agn0 Clayton Fulton 2721 City of College Park 6-3-58 For738 Agn340 Clayton Fulton 2453 City of College Park 5-19-58 For2 Agn0 Clayton Fulton 2854 City of College Park 5-14-58 For0 Agn0 Clayton Fulton 3212 City of East Point 7-16-58 For63 Agn28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote : For41; Agn1 Affected area : For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1-City vote: For227; Agn15 Outside city : For143; Agn54 Parcel #2-City vote: For229; Agn15 Outside city : For39; Agn40 Parcel #3-City vote: For230; Agn14 Outside city : For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Gordon 2131 City of Calhoun 3-26-58 City vote : For234; Agn75 County vote : For203; Agn256 Hall 2279 City of Gainesville 4-1-58 For925 Agn169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote : For61; Agn75 Outside City : For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote : For92; Agn3 Outside City : For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6-3-58 City vote : For147; Agn107 Outside City : For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote : For669; Agn43 Outside City : For333; Agn286 Tift 2930 City of Tifton 5-7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held Georgia Laws, 1959 : County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White (Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2 : For7; Agn36 City Election : For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 Chattoga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County Officerscompensation 4-4-59 For1522 Agn509 Clayton Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For7 Agn8 Cobb Douglas 3142 City of AustellParcel #3 8-4-59 For2 Agn11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For5 Agn49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For14 Agn15 Colquitt 2396 City of Norman Park 5-25-59 For50 Agn81 Dougherty 2091 County Commissioners 4-12-60 For755 Agn417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn710 Douglas 2871 City of Lithia Springs 4-8-59 For241 Agn569 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County Officerscompensation 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For502 Agn75 Meriwether Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote : For387; Agn75 County vote : For86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810 Agn1629 Georgia Laws, 1960 : County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466 Agn418 Bibb 3223 Macon-Bibb County 6-1-60 City vote : For4598; Agn4288 Outside City vote : For1902; Agn7368 Payne City vote : For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For320 Agn146 Douglas Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area : For32; Agn62 Within City vote : For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For6 Agn0 Fulton Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County Officerscompensation 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote : For61; Agn35 Outside City vote : For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4059 Agn959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County Officerscompensation 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806

Page 2003

Georgia Laws, 1961 : County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For6 Agn44 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Bibb 2441 City of Macon 5-24-61 City vote : For1560; Agn445 Outside City vote : For12,269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Chatham 2969 City of Savannah 5-10-61 City of Savannah : For9176; Agn1679 Zone No. 1 : For886; Agn759 Zone No. 2 : For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For338 Agn241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For61 Agn56 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Forsyth 2252 City of Cumming 4-1-61 City vote : For108; Agn26 Outside City vote : For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote : For45; Agn25 Outside City vote : For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Board of County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 County Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of Rockmart For: 669 Agn: 174 Ward 1 For: 22 Agn: 36 Ward 2 For: 0 Agn: 17 Ward 3 For: 0 Agn: 0 Ward 4 For: 6 Agn: 69 Ward 5 For: 0 Agn: 1 Sumter 3251 City of Americus 5-9-61 For331 Agn954 Troup 2650 City of West Point 4-26-61 For143 Agn224

Page 2006

Georgia Laws, 1962 : County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For153 Agn119 Chatham 2707 Town of Pooler 4-26-62 For110 Agn114 Clarke 2677 City of Athens 5-23-62 For643 Agn521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For32 Agn37 Clayton Fulton 2599 City of College Park 6-1-62 For214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4 Agn160 Columbia 2713 City of Martinez 9-12-62 For85 Agn573 Emanuel 2359 Board of County Commissioners 11-6-62 For450 Agn484 Fulton 2473 City of East Point 5-9-62 For1 Agn3 Fulton 2854 City of East Point 5-9-62 For1 Agn6 Fulton 2861 City of East Point 5-9-62 For6 Agn31 Fulton 3130 City of East Point 5-9-62 For25 Agn22 Gwinnett 2364 Pinball machines 11-6-62 For1737 Agn638 Henry 2403 Town of Locust Grove 4-25-62 For20 Agn27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City : For385; Agn108 Outside City : For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For29 Agn4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For234 Agn66 Meriwether 2396 City of Manchester 3-28-62 For251 Agn47 Meriwether 2422 City of Manchester 3-28-62 For224 Agn67 Meriwether 2603 City of Manchester 3-28-62 For231 Agn76 Meriwether 2613 City of Manchester 3-28-62 For227 Agn57 Mitchell 2158 City of Camilla 4-24-62 For15 Agn0 Murray 2576 City of Chatsworth 6-23-62 For143 Agn183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County : For6612; Agn9103 City of Columbus : For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For550 Agn167 Oglethorpe 3202 City Court of Lexington 11-6-62 For392 Agn180 Putnam 2440 Certain County Officerscompensation 11-6-62 For626 Agn129 Georgia Laws, 1962 : County Page No . SUBJECT Date of Election Result Putnam 3048 Tax Commissioner 11-6-62 For548 Agn184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4-3-62 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed area : For13; Agn44 In City Tennille : For139; Agn58 Wayne 3110 Board of County Commissioners 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21

Page 2009

Georgia Laws, 1963 : County Page No . SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For142 Agn346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissioner 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1)508 For(2)55 For(3)842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City : For243; Agn44 Outside City : For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissioner 5-28-63 For91 Agn279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn669 Pulaski 3436 Tax Commissioner 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Talbot 2185 Board of County Commissioners 5-22-63 For239 Agn295 Telfair 2482 City of McRae 5-1-63 For130 Agn3 Thomas 3402 City of Boston 5-20-63 For45 Agn126 Thomas 3405 City of Boston 5-20-63 For52 Agn127 Turner 2471 County Commissioner 4-24-63 For249 Agn603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn130

Page 2012

Georgia Laws 1964, January-February session : County Page No. SUBJECT Date of Election Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For124 Agn61 Cherokee 2431 City of Canton 4-8-64 For174 Agn394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn613 Cook 2093 County Commissioners 3-4-64 For2003 Agn1612 Dodge 2954 City of Empire 6-2-64 For55 Agn71 Fulton 2478 City of Union City 5-8-64 For214 Agn279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For90 Agn4 Hancock 2088 Certain County Officerscompensation 4-22-64 For251 Agn64 Harris 2939 Town of Pine Mountain 4-29-64 Inside : For61 Agn43 Outside : For0 Agn7 Hart 2028 Board of Finance 9-9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of County Commissioners 4-1-64 For971 Agn1720 McDuffie 2104 Tax Commissioner 4-1-64 For985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4-1-64 For982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For110 Agn30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9-9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For509 Agn502 For692 For93 Pickens 2066 Board of County Commissioners 3-4-64 For1822 Agn144 Pickens 2078 City of Jasper 3-21-64 Inside City : For43 Agn3 Outside City : For9 Agn0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn639 Tift 2208 City of Tifton 4-22-64 For281 Agn216 Tift 2361 City of Tifton 4-22-64 For136 Agn368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn298 Walker 2643 Fire Prevention Districts 2-15-65 For246 Agn41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11-3-64 For933 Agn863

Page 2015

Georgia Laws 1964, Extra Session : County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For464 Agn529 Barrow 2347 City of Winder 9-9-64 For507 Agn372 Cobb 2075 Board of County Commissioners 7-8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For57 Agn104 Troup 2256 City of Hogansville 9-2-64 For200 Agn410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12-2-64 For216 Agn32

Page 2016

Georgia Laws, 1965 : County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11-8-66 For589 Agn556 Appling 3361 Providing for an annual audit 11-8-66 For733 Agn326 Baldwin 2306 City of Milledgeville 6-2-65 For544 Agn462 Baldwin 2316 Board of County Commissioners 4-7-65 For801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For828 Agn1198 Decatur 2819 City of Bainbridge 4-7-65 For1148 Agn688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For447 Agn472 Dooly 2582 City of Unadilla 7-20-65 For56 Agn115 Echols 3160 City of Statenville 7-14-65 For72 Agn75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For92 Agn123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For51 For0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For422 McDuffie 2480 Coronercompensation 5-12-65 For105 Agn58 Putnam 2862 County Commissionerscompensation 6-16-65 For183 Agn199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For226 Agn49 Fire Dist. No. 2 For116 Agn46 Fire Dist. No. 3 For364 Agn535 Tift 2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For953 Agn353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For952 Agn381 Tift 2705 * Tax Commissionercompensation 6-16-65 For943 Agn361

Page 2018

Georgia Laws, 1966 : County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For728 Agn479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn704 Bartow 2144 City of Adairsville 4-2-66 For167 Agn48 Bartow 2454 City of Adairsville 4-2-66 For210 Agn105 Bryan 2466 City Court of Pembroke 9-14-66 For368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For265 Agn183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn-151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For150 Agn115 Habersham 2625 City of Cornelia 4-27-66 For149 Agn114 Habersham 3102 City of Cornelia 4-27-66 For144 Agn118 Habersham 3144 City of Cornelia 4-27-66 For157 Agn105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For184 Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For162 Agn58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40 Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27 Agn6 Meriwether 3403 City of Greenville 5-4-66 For24 Agn19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For180 Agn153 Pike 3170 City of Zebulon 4-30-66 For89 Agn14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603

Page 2020

Georgia Laws, 1967 : County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For185 Agn93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For179 Agn507 Bulloch 3483 City of Statesboro 7-28-67 For490 Agn111 Bulloch 2997 Town of Brooklet 9-1-67 For33 Agn3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6-7-67 For663 Agn570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For584 Agn135 Crisp 2691 County Board of Education 9-14-67 For266 Agn32 Dooly 2467 City of Vienna 6-20-67 For12 Agn9 Dooly 2922 County Board of Education 6-20-67 For807 Agn173 Echols 3491 City of Statenville 5-15-67 For62 Agn106 Floyd 2163 City of Rome 4-26-67 For333 Agn794 Gordon 2898 Fire Protection Services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridge 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn757 Lowndes 2118 Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenville 4-3-67 For41 Agn0 Murray 2458 City of Chatsworth 5-31-67 For154 Agn19 Newton 2405 County Board of Education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn540 Pike 2448 Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 County Board of Education 9-6-67 For441 Agn65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 County Board of Education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn88 Thomas 2115 City of Thomasville 3-28-67 For841 Agn398 Turner 2694 City of Sycamore 5-26-67 For162 Agn51 Union 3064 Sheriffcompensation 6-28-67 For235 Agn790 Whitfield 2277 City of Dalton 4-19-67 For516 Agn607

Page 2023

Georgia Laws, 1968 : County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For591 Agn216 Bacon 3542 Tax Commissioner 6-11-68 For400 Agn321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11-5-68 For14,736 Agn7,193 Bleckley 2278 City of Cochran 6-19-68 For351 Agn781 Candler 2446 County Board of Education 5-7-68 For296 Agn467 Carroll 2256 County School Superintendent 4-24-68 For250 Agn1,341 Carroll 2841 County Board of Education 4-24-68 For547 Agn1,087 Charlton 2342 City of Folkston 9-11-68 For118 Agn145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11-5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For4 Agn20 Cherokee 3751 Cherokee County School System 11-5-68 For2,042 Agn1,755 Coffee 2177 County Board of Education 4-24-68 For546 Agn1,101 Coffee 2181 County Commissioners 4-24-68 For508 Agn1,100 Colquitt 2130 City of Moultrie 4-23-68 For540 Agn715 Columbia 2708 County Board of Education 9-11-68 For2,048 Agn320 Decatur 2565 County Board of Education 5-1-68 For971 Agn1,104 Decatur 2756 City of Bainbridge 6-5-68 For292 Agn137 Douglas 2262 County School Superintendent 5-21-68 For189 Agn1,025 Douglas 3764 County Board of Education 5-21-68 For498 Agn686 Echols 3514 County Board of Education 11-5-68 For457 Agn38 Emanuel 2487 County Board of Education 4-24-68 For405 Agn633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For723 Agn1,212 Grady 2120 County Board of Education 5-14-68 For2,249 Agn717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For756 Agn1,272 Irwin 2822 Tax Commissioner 5-28-68 For191 Agn547 Paulding 2381 County Board of Education 7-3-68 For233 Agn19 Pierce 2761 County Board of Education 11-5-68 For812 Agn1,377 Rabun 2272 Board of County Commissioners 4-9-68 For1,205 Agn1,144 Sumter 2065 County Board of Education 5-21-68 For626 Agn483 Tift 2023 City of Tifton 4-3-68 For408 Agn310 Toombs 3424 County Board of Education 5-29-68 For65 Agn772 Walker 2152 City of Lookout Mountain 5-9-68 For299 Agn252 Walker 2235 County Board of Education 5-9-68 For1,155 Agn887 Walton 2974 County Board of Education 6-18-68 For1,709 Agn265 Wayne 3361 County Board of Education 9-11-68 For1,140 Agn614 Whitfield 3065 City of Varnell 5-23-68 For41 Agn5 Wilkes 3462 Town of Rayle 5-17-68 For43 Agn4

Page 2027

Georgia Laws, 1969 : County Page No . SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For180 Agn277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For514 Agn295 Butts 2456 County Board of Education 5-22-69 For422 Agn566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5-6-69 For326 Agn86 Charlton 2665 County Board of Education 7-15-69 For143 Agn287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn718 Sec. 2 For624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For773 Agn179 Colquitt 2559 County Board of Education 6-4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7-2-69 For113 Agn584 Crisp 3806 City of Cordele 6-18-69 For299 Agn245 DeKalb 2501 City of Doraville 5-24-69 Tract No.1 For15 Agn130 Tract No.2 For40 Agn103 Effingham 3964 City of Guyton 6-4-69 For128 Agn179 Fannin 2637 Tax Commissioner 11-3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11-3-70 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For3 Agn2 Sec. 2Bohannon Rd. For8 Agn1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits : For289 Agn127 Outside city limits : For22 Agn198 Gilmer 2606 City of Ellijay 6-25-69 For139 Agn288 Hall 2346 City of Murrayville 6-11-69 For81 Agn104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote : For2134 Agn694 County vote : For38 Agn205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For88 Agn171 Laurens 2270 City of Dublin 5-28-69 For121 Agn106 Lincoln 3352 County Treasurer 11-3-70 For601 Agn742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus : For12,379 Agn2,778 Muscogee County : For12,508 Agn2,989 Pickens 3066 County School Superintendent 7-2-69 For52 Agn885 Putnam 2670 Sheriffcompensation 6-12-69 For282 Agn409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For372 Agn328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For283 Agn408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For218 470 Putnam 3900 Coronercompensation 6-12-69 For290 Agn403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville : For271 Agn82 Pulaski County : For35 Agn162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For795 Agn447 Seminole 2590 Small Claims Court of Seminole County 6-4-69 For221 Agn175 Stewart 2264 County Board of Education 5-14-69 For91 Agn12 Telfair 3641 County Board of Education 8-26-69 For277 Agn437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area : For645 Agn578 Proposed Area : For433 Agn499 Toombs 3241 City of Lyons 6-25-69 For3 Agn0 Toombs 3244 City of Lyons 6-25-69 For2 Agn34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For84 Agn11 Walker 4014 City of Rossville 7-5-69 For118 Agn293

Page 2031

Georgia Laws, 1970 : County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11-3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For57 Agn51 Bryan 3191 City of Richmond Hill 5-26-70 For84 Agn154 Bulloch 2790 County Board of Education 6-10-70 For903 Agn698 Calhoun 2361 Sheriff Personnel 4-23-70 For121 Agn120 Camden 3278 Tax Commissioner 11-3-70 For648 Agn476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For49 Agn114 Charlton 3270 County Board of Education 5-19-70 For293 Agn307 Charlton 3274 County Commissioners 5-19-70 For272 Agn328 Chatham 2018 Town of Thunderbolt 4-14-70 For306 Agn29 Chatham 2080 City of Savannah Beach-Tybee Island 4-6-70 For339 Agn205 Clarke 2985 County School District Tax 11-3-70 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn595 Elbert 2321 County Treasurer 11-3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4-7-70 For383 Agn1701 Emanuel 2153 County Board of Education 4-7-70 Proposal#11389 Proposal#2539 Proposal#3173 Gordon 2657 County Board of Education 9-9-70 For1798 Agn868 Habersham 3091 City of Cornelia 5-20-70 For166 Agn42 Habersham 3094 City of Cornelia 5-20-70 For121 Agn88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11-3-70 For election : 289 For Appointment : 240 Liberty 2053 City of Hinesville 3-26-70 For520 Agn402 Meriwether 3039 City of Woodbury 5-12-70 Inside City : For83 Agn60 Outside City : For3 Agn32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn350 Monroe 3030 County Board of Education 11-3-70 For815 Agn503 Murray 2365 City of Chatsworth 5-9-70 For133 Agn260 Peach 2647 County Board of Education 6-10-70 For544 Agn198 Pulaski 2880 Fire Protection Districts 5-19-70 For142 Agn140 Spalding 2651 City of Griffin 11-3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5-5-70 For822 Agn1743 Stephens 2436 County Board of Education 5-5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For269 Agn123 Thomas 3369 Board of County Commissioners 5-26-70 For920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For11 Agn0 Harris County For15 Agn0 City West Point For83 Agn3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11-3-70 For807 Agn1113 Washington 3104 County Board of Education 6-3-70 For439 Agn537

Page 2034

Georgia Laws 1971, January/February session : County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For395 Agn219 Bibb 3926 County Board of Education 11-2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn: 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For115 Agn289 Brooks 2892 County Board of Education 6-9-71 For215 Agn526 Brooks 3278 City of Quitman 6-15-71 For82 Agn259 Burke 3328 City of Waynesboro 6-15-71 For74 Agn16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For335 Agn1,427 Decatur 2649 County Board of Education 4-29-71 For766 Agn496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For713 Agn547 Gilmer 3471 County Board of Education 6-16-71 For107 Agn90 Glynn 3550 City of Brunswick 6-15-71 For102 Agn266 Grady 2967 County School Superintendent 7-20-71 For625 Agn1,049 Gwinnett 3613 City of Duluth 6-7-71 For1 Agn35 Gwinnett 4042 City of Duluth 6-7-71 For1 Agn46 Gwinnett 4047 City of Duluth 6-7-71 For6 Agn73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For675 Agn713 Houston 3580 City of Warner Robins 2-29-72 For694 Agn734 Jones 3396 County Board of Education 5-26-71 For656 Agn543 Lamar 2710 County Board of Education, etc. 5-14-71 For999 Agn540 Lee 3976 City of Leesburg 7-6-71 Present City limits For14 Agn72 Proposed City limits For1 Agn14 Mitchell 2017 City of Pelham 4-21-71 For408 Agn26 Monroe 3071 County Commissioners 11-7-72 For540 Agn1,319 Monroe 3381 County Commissioners 11-7-72 For572 Agn1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For285 Agn137 Pierce 2492 Ordinary 11-7-72 For768 Agn540 Pierce 2496 Sheriff 11-7-72 For813 Agn477 Pierce 2888 County CommissionerChrm. 11-7-72 For683 Agn642 Pike 3686 City of Zebulon 6-19-71 For52 Agn23 Polk 3708 City of Rockmart 10-2-71 For586 Agn254 Polk 3770 City of Aragon 6-2-71 For133 Agn85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For5,834 Agn10,779 City of Augusta For6,415 Agn6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For1,403 Agn1,855 Telfair 3448 Board of County Commissioners 7-20-71 For441 Agn700 Tift 2722 County Board of Education 6-9-71 For1,430 Agn404 Tift 2795 County CommissionersChrm. 6-9-71 For1,663 Agn273 Turner 2021 Personnel for Sheriff 4-27-71 For427 Agn915 Wayne 2678 Sheriff and Clerk Superior Court 11-7-72 Sec. 1 : For1,324 Agn931 Sec. 2 : For1,456 Agn898 Wayne 2715 County Board of Education 8-8-72 For403 Agn1,730 Bibb 2136 Board of Public Education 11-2-71 For10,399 Agn4,022 DeKalb 2154 City of Doraville 12-1-71 For441 Agn127 Haralson 2200 County Board of Education 1-12-72 For284 Agn1,043

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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 * * 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 For1,309 Agn708 Baldwin 3325 County Board of Education 11-7-72 * For2,708 Agn2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For3 Agn10 Sec. 2, Area 2 For13 Agn65 Sec. 3, Area 3 For1 Agn50 Sec. 4, Area 4 For30 Agn78 Sect. 5, Area 6 For35 Agn155 Sec. 6, Area 7 For16 Agn20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 9,581 12,104 City of Macon * Bibb County Brantley 3141 Board of County Commissioners 8-8-72 * For1,387 Agn921 Brantley 3144 Salary increase for county officers 8-8-72 * For940 Agn1,377 Brantley 3145 Salary of deputy sheriffs 8-8-72 * For1,262 Agn1,059 Brantley 3147 Certain county officers compensation 8-8-72 * For1,220 Agn983 Brantley 3148 Clerk Superior Court Salary 8-8-72 * For841 Agn1,396 Brantley 3710 City of Nahunta 12-5-73 Election Results not known Camden 3138 Certain county officers salary 78-5-73 Demo. For701 Agn1,109 Rep. For0 Agn1 Camden 3705 Create Board of County Commissioners 8-8-72 * Demo. For679 Agn1,070 Rep. For1 Agn0 Camden 3714 Compensation of Tax Commissioner 8-8-72 * Demo. For654 Agn1,114 Rep. For0 Agn1 Camden 3717 County Board of Education 8-8-72 * Demo. For683 Agn1,050 Rep. For1 Agn0 Camden 3770 Small Claims Court of Camden County 8-8-72 * Demo. For926 Agn801 Rep. For1 Agn0 Chatham 3019 Savannah-Chatham County government 4-10-73 Not held * City of Savannah Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5-9-72 For20,074 Agn7,595 Chatham 3116 Savannah-Chatham County Board of Education 5-9-72 For8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8-8-72 * Demo. For2,455 Agn2,274 Rep. For2 Agn2 Decatur 3288 Board of County Commissioners 5-23-72 For668 Agn2,687 Dodge 2329 City of Eastman 4-27-72 For474 Agn1,117 Dodge 3339 County Board of Education 8-8-72 * For914 Agn858 Douglas 3997 County Board of Education 5-16-72 For400 Agn620 Elbert 2479 Board of County Commissioners 8-8-72 * For1,583 Agn3,036 Fayette 3438 Board of County Commissioners 11-7-72 * For668 Agn3,138 Fayette 3435 Abolish office of county treasurer 11-7-72 * For1,499 Agn2,210 Floyd 3300 Abolish State Court Floyd County 11-7-72 * For6,911 Agn4,674 Forsyth 2065 Board of county commissioners 4-19-72 For551 Agn386 Gwinnett 4058 County Board of Education 5-17-72 For989 Agn924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County commissioners 8-8-72 * For1,410 Agn616 Heard 2113 Board of county commissioners 5-3-72 For756 Agn732 Henry 2090 State Court of Henry County 4-19-72 For570 Agn1,943 Henry 2104 Board of County Commissioners 4-19-72 For407 Agn2,070 Houston 2399 County Board of Education 8-8-72 * For2,853 Agn6,462 Jeff Davis 2760 County Board of Education 8-8-72 * For829 Agn511 Laurens 4099 County Board of Education 8-8-72 * For3,185 Agn1,103 Lowndes 2696 Ordinarycompensation 11-7-72 * For3,533 Agn1,995 Lowndes 2701 Tax Commissionercompensation 11-7-72 * For3,622 Agn1,885 Lowndes 2706 Clerk Superior Courtcompensation 11-7-72 * For3,463 Agn2,254 McDuffie 2538 County Board of Education 6-8-72 For305 Agn61 McIntosh 2849 City of Darien 6-16-72 City of Darien For86 Agn62 Dist. No. 271 For7 Agn73 Total : For93 Agn135 McIntosh 2852 City of Darien 11-7-72 * Not Held Macon 2322 Board of county commissioners 4-26-72 For608 Agn882 Madison 2547 County Board of Education 11-7-72 * For1,060 Agn1,785 Madison 2972 Appt. of county school superintendent 11-7-72 * For921 Agn2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For688 Agn2,648 Peach 3910 City of Fort Valley 6-14-72 For440 Agn1,351 Pike 3003 County Board of Education 5-16-72 For402 Agn142 Pulaski 3244 Board of County Commissioners 5-23-72 For399 Agn939 Putnam 2678 County Board of Education 8-8-72 * For1,262 Agn831 Putnam 3833 City of Eatonton 6-13-72 For118 Agn28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For452 Agn121 Telfair 4102 County Board of Education 6-20-72 Fors564 Agn365 Thomas 3343 Create Board of County Commissioners 5-16-72 For1,885 Agn3,278 Tift 2908 City of Tifton 5-3-72 For247 Agn498 Treutlen 2340 County Board of Education 5-9-72 For688 Agn233 Treutlen 2345 Board of County Commissioners 5-9-72 For715 Agn221 Walker 2647 County Board of Education 11-7-72 * For6,373 Agn2,129 Walton 3006 City of Social Circle 5-31-72 For51 Agn49 Whitfield 4017 City of Tunnell Hill 5-16-72 For114 Agn159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For177 Agn1,042 Wilkinson 3312 Appt. of County School Superintendent 11-7-72 * For348 Agn901 Wilkinson 333 County Board of Education 11-7-72 * * Ga. L. 1973, p. 2268 changed date of election. For654 Agn608 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 Yes45 No588 Brantley 3631 City of Nahunta Election Results Not known Chatham 2268 Savannah-Chatham County government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019 Chatham County For3,157 Agn6,666 City of Savannah For12,039 Agn4,090 Chatham 3693 City Savannah Beach 6-2-73 Yes21 No29 Clarke 2356 City of Athens 5-31-73 For1,818 Agn1,591 Clarke 2367 City of Athens 5-31-73 For2,430 Agn1,057 Clarke 2387 City of Athens 5-31-73 For648 Agn682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809 No1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes412 No52 Cook 2300 Cook County Commissioners 5-22-73 For758 Agn735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11-6-73 For1,326 Agn1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes37 No191 Marion 3827 County School Superintendent 11-5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p. 3171 11-5-74 ** See Below # Montgomery 2550 Montgomery County Board of Education 6-5-73 Yes225 No256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes808 No191 Stewart 3152 City of Lumpkin 6-12-73 Yes97 No173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes322 No228

Page 2046

Georgia Laws 1974, January/February session : County Page No. SUBJECT Date of Election Result Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary 8-13-74. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11-5-74 # # Date of General Election 11-5-74. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11-5-74 # Yes: 741 No. 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215 No. 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No. 883 Chatham 2305 City of Savannah Beach-Tybee Island 4-1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11-5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11-5-74 # Yes: 18,039 No: 14,541 Fayette 2982 City of Fayetteville 11-5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11-5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6-8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No. 303 Lowndes 2311 Town of Dasher 6-1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12-4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 City Vote (3 elections held on same date) Yes: 4833 No: 2928 County Vote Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty. Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4-9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6-5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4-9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11-5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11-5-74 # Yes: [Illegible Text] No: 363,947 ***Common Day of Rest Act results tabulated infra.

Page 2048

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 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)

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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) 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 [UNK] [UNK] 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. 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. 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

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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 (Civil Action File No. 18,462) Not Held 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 Office 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 (City of Dublin) 3-11-80 Yes: 324 No: 653 McIntosh 3112 Board of Education 4-29-80 Yes: 642 No: 143 Mitchell (City of Pelham) 3914 Elections etc. 6-3-80 Yes: 254 No: 392 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 (City of Cohutta) 5-17-80 Yes: 10: No: 0

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Referendum Election Results: Acts of the 1981 Session of the General Assembly County Page No. SUBJECT Date of Election Result Baldwin 4072 Disposal sites of hazardous wastes * * To be held same date as the 1982 General Primary Election Chatham (City of Tybee Island) 4914 Change the corporate limits of said city 6-25-81 Corporate limits 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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Referendum Election Results: Acts of the 1982 Session of the General Assembly County Page No. SUBJECT Date of Election Result Appling 4642 5 or 6 mbr. bd. of commissioners 11-2-82 Five mbmr. - 1191 Six mbr. - 1000 Bacon 4606 5 mbr. bd. of Co. Commissioners in certain counties (9,365 - 9,385) 8-2-82 Yes 1,299 No 351 Baldwin * * These are 1981 laws that were required to be held in 1982. 4072 Disposal sites of hazardous wastes 8-10-82 Yes 1,652 No 1,465 Bartow 4589 Terms of mbrs. of Board of Ed. 8-10-82 Yes 1,652 No 1,465 Bartow 4584 Compensation of bd. of education 8-10-82 Yes 1,615 No 1,450 Bartow 4586 Superintendent of schools 8-10-82 Yes 843 No 2,205 Bibb 4625 Bd. of education Districts 11-2-82 Yes 15,184 No 5,458 Bibb 4406 Bd. of public education and orphanage 11-2-82 Yes 9,455 No 12,176 Bryan 4270 Members of bd. of commissioners 11-2-82 Yes 883 No 429 Bryan 4285 Office of treasurer abolished 8-10-82 Yes 832 No 709 Chatham (Town of Thunderbolt) 4295 Corporate limits 6-22-82 Corporate Limits Yes 126 No 133 Unincorporated Area Yes 21 No 0 Cherokee 3602 Board of Education 5-11-82 Yes 302 No 200 Clarke/City of Athens 1855 Georgia alcoholic beverage code amended as to certain counties (69,000 - 75,000) 8-10-82 Clarke County Yes 2,257 No 2,338 City of Athens Yes 2,393 No 2,354 Clayton 4431 Members of board of education 8-10-82 Yes 8,665 No 7,584 Cobb 1768 Sale of alcoholic beverages in certain counties (200,000 - 550,000) (295,000 - 300,000) (350,000 - 500,000) 11-2-82 Yes 35,622 No 34,777 Cook 3749 Election, etc. of school superintendent 11-2-82 Yes 1,623 No 1,020 DeKalb * 4304 Establishing form of Government 8-10-82 Yes 36,070 No 26,939 DeKalb 4239 Community College 8-10-82 transfer 43,375 retain 23,587 Douglas 4786 Board of education districts 11-2-82 Yes 6,032 No 1,700 Emanuel 4049 Board of education 6-1-82 Yes 1,853 No 411 Franklin 3753 Board of education and superintendent 8-10-82 #1 Proposal - 458 #2 Proposal - 1,308 # 3 Proposal - 573 Gwinnett 3510 Board of education 4-6-82 Yes 1,825 No 1,972 Haralson 4523 Members of board of education 8-10-82 Yes 2,133 No 230 Jackson 4012 Jackson County school districtmerged with Jefferson City school district and Commerce City school district 11-2-82 Jackson Co. Yes 1,991 No 2,438 Inside City of Commerce Yes 796 No 243 Inside City of Jefferson Yes 390 No 78 Lowndes 3582 Board of commissioners 11-2-82 Yes 3,652 No 4,513 Lumpkin 4274 Superintendent of Schools 6-8-82 Yes 312 No 595 Lumpkin 4277 Board of education 6-8-82 Yes 720 No 191 Oconee (City of Bogart) 4869 New charter 12-7-82 Yes 66 No 147 Pierce 4649 School board and superintendent 11-2-82 Proposal No. 1 Question No. 1 - 526 Question No. 2 - 1,124 Proposal No. 2 Question No. 1 - 613 Question No. 2 - 947 Pulaski 4638 School district superintendent 11-2-82 Yes 698 No 787 Twiggs 3627 Election of members of Bd. of Ed. 8-10-82 Yes 1,327 No 533 Ware (City of Waycross) 4611 Land conveyance authorized 11-2-82 Yes 1,869 No 878 Wayne 3789 4717 Board of commissioners 11-2-82 Yes 1,320 No 684 Wheeler 4126 Board of education was not held Worth 3715 Board of commissioners 11-2-82 Yes 1,643 No 733

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PROCLAMATION OFFICE OF SECRETARY OF STATE I, DAVID B. POLYTHRESS, SECRETARY OF STATE OF THE STATE OF GEORGIA, DO HEREBY CERTIFY THAT the attached twenty-three pages constitute a true and correct copy of the votes cast for and against the ratification of the new Constitution and the seventy-eight Constitutional Amendments to the Constitution of the State of Georgia of 1976 voted on in the General Election held on November 2, 1982, as certified by the Secretary of State to the Governor of the State of Georgia, together with the proclamation of the Governor of the State of Georgia declaring the results of the vote of each amendment; all as the same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-three and of the Independence of the United States of America the Two Hundred and Seventh. DAVID B. POLYTHRESS Secretary of State

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EXECUTIVE DEPARTMENT PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XII, Section I, Paragraph I of the Constitution of the State of Georgia of 1976, four general Constitutional Amendments and 74 local Constitutional Amendments to the Constitution of the State of Georgia of 1976 were submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 2, 1982; and WHEREAS: Pursuant to said provisions of the Constitution of the State of Georgia of 1976, a proposed new Constitution (proposed Constitutional Amendment number 1) was submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 2, 1982; and WHEREAS: The number of votes cast for and against the ratification of the new Constitution and the 78 Constitutional Amendments to the Constitution of the State of Georgia of 1976 voted on in the General Election held on November 2, 1982, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certifications are attached hereto and by reference are made a part hereof; and WHEREAS: The Georgia Election Code provides that the Governor shall issue his proclamation declaring the results of the vote of each proposed Constitutional Amendment. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY PROCLAIMED: That proposed Constitutional Amendments numbers 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18,

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21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, 56, 57, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 77, 78 and 79 which appreared upon the 1982 General Election ballot, all of which are Amendments to the Constitution of the State of Georgia of 1976, having been ratified according to the Constitution of the State of Georgia of 1976 according to the results of the November 1982 General Election held on Tuesday, November 2, 1982, are a part of the Constitution of the State of Georgia of 1976. Unless the amendment itself shall provide othewise, each amendment to the Constitution shall become effective on January 1, 1983. FURTHER: I do proclaim that proposed Constitutional Amendments numbers 2, 9, 19, 20, 38, 54, 58, 59 and 76 which appeared upon the 1982 General Election ballot, all of which were proposed Amendments to the Constitution of the State of Georgia of 1976, not having been ratified according to the Constitution of the State of Georgia of 1976 according to the results of the November 1982 General Election held on Tuesday, November 2, 1982, are not a part of the Constitution of the State of Georgia of 1976. FURTHER: I do proclaim that proposed Constitutional Amendment number 1, the proposed new Constitution, which appeared upon the 1982 General Election ballot, having been ratified according to the Constitution of the State of Georgia of 1976 according to the results of the November 1982 General Election held on Tuesday, November 2, 1982, shall be the new Constitution of the State of Georgia, effective July 1, 1983.

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IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed. This 21st day of December, 1982. By the Governor: GEORGE BUSBEE Governor TOM PERDUE Secretary, Executive Department

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OFFICE OF SECRETARY OF STATE I, DAVID B. POYTHRESS, SECRETARY OF STATE OF THE STATE OF GEORGIA, DO HEREBY CERTIFY THAT in the General Election held in this State November 2, 1982, the number of votes cast for and against the five (5) General Constitutional Amendments voted on in said election are tabulated on the one typewritten page hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 12th day of November, in the year of our Lord One Thousand Nine Hundred and Eighty-Two and of the Independence of the United States of America the Two Hundred and Seventh. DAVID B. POYTHRESS Secretary of State

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RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS GENERAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 2, 1982 YES NO AMENDMENT NO. 1 Extraordinary Res. Act 1 H. R. 4 Ex (Ga. Ex. Session L. 1981, P. 143) Shall the proposed new Constitution be ratified as the Constitution of the State of Georgia? 567,663 211,342 AMENDMENT NO.2 Extraordinary Res. Act 2 H. R. 6 Ex (Ga. Ex. Session L. 1981, P. 224) Shall the Constitution be amended so as to provide that persons holding the office of Governor may not succeed themselves? 317,060 501,359 AMENDMENT NO.3 Res. Act 131 S. R. 340 (Ga. L. 1982, P. 2546) 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? 410,400 256,971 AMENDMENT NO. 4 Res. Act 132 H. R. 158 (Ga. L. 1982, P. 2547) 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 decenial 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? 375,412 346,083 AMENDMENT NO.5 Res. Act 124 S. R. 293 (Ga. L. 1982, P. 2517) Shall the Constitution be amended so as to increase the homestead exemption for residents of Henry County from ad valorem taxation for 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? 332,933 310,132

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OFFICE OF SECRETARY OF STATE I, DAVID B. POYTHRESS, SECRETARY OF STATE OF THE STATE OF GEORGIA, DO HEREBY CERTIFY THAT the attached twenty pages of typewritten matter constitute a true and correct copy of the votes cast in this State in the General Election held on November 2, 1982, for and against Local Constitutional Amendments number six (6) through seventy-nine (79); all as same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 3rd day of December, in the year of our Lord One Thousand Nine Hundred and Eighty-two and of the Independence of the United States of America the Two Hundred and Seventh. DAVID B. POYTHRESS Secretary of State

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LOCAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 2, 1982 AMENDMENT NO. 6 (Res. Act 176, H. R. 780, Ga. L. 1982, P. 2653) APPLING COUNTY 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? City of Baxley Yes 404 No 96 AMENDMENT NO. 7 (Res. Act 133, H. R. 303, Ga. L. 1982, P. 2549) BIBB COUNTY AND JONES COUNTY Shall the Constitution be amended so as to increase the amount of the pensions paid to certain retired firemen or policemen? City of Macon (Bibb County) Yes 11,326 No 3,014 City of Macon (Jones County) Yes 21 No 4 AMENDMENT NO. 8 (Res. Act 182, H. R. 817, Ga. L. 1982, P. 2669) BLECKLEY COUNTY 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? Bleckley County School Dist. Yes 1,302 No 730 AMENDMENT NO. 9 (Res. Act 130, S. R. 333, Ga. L. 1982, P. 2544) BRYAN COUNTY 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? Bryan County Yes 593 No 731 AMENDMENT NO. 10 (Res. Act 71, H. R. 170, Ga. L. 1981, P. 1916) BULLOCH COUNTY Shall the Constitution be amended so as to authorize the governing authority of Bulloch County to create and tax at different rates subclasses of real property for purposes of special services fire districts? Bulloch County Yes 3,084 No 2,141 AMENDMENT NO. 11 (Res. Act 78, H. R. 338, Ga. L. 1981, P. 1931) BULLOCH COUNTY Shall the Constitution be amended so as to authorize the General Assembly to allocate a percentage of the proceeds of any local sales and use tax levied within Bulloch County to the Bulloch County school system and to include provisions relative to a reduction in the ad valorem millage rate for school purposes? Bulloch County Yes 4,214 No 1,635 Bulloch County School Dist. Yes 4,214 No 1,635 AMENDMENT NO. 12 (Res. Act 67, S. R. 86, Ga. L. 1981, P. 1909) CAMDEN COUNTY Shall the Constitution be amended so as to provide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county ordinances and resolutions in accordance with the fines specified by such ordinance or resolution and to authorize the General Assembly to provide by law the procedures and conditions under which this jurisdiction shall be exercised? Camden County Yes 650 No 301 AMENDMENT NO. 13 (Res. Act 149, H. R. 640, Ga. L. 1982, P. 2586) CAMDEN COUNTY 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 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? Camden County Yes 883 No 215 Camden County School Dist. Yes 883 No 215 AMENDMENT NO. 14 (Res. Act 72, H. R. 206, Ga. L. 1981, P. 1917) CHATHAM COUNTY Shall the Constitution be amended so as to exempt from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham in the amount of $12,000.00 of the assessed value of the homestead of each resident of Chatham County who is 62 years of age or over if his net income from all sources, including the net income from all sources of all members of his family residing within the homestead, as net income is defined by Georgia law, does not exceed $10,000.00? Chatham County Yes 14,047 No 5,057 AMENDMENT NO. 15 (Res. Act 73, H. R. 210, Ga. L. 1981, P. 1920) CHATHAM COUNTY Shall the Constitution be amended so as to provide that the compensation of the members of the Board of Public Education for the City of Savannah and the County of Chatham may be changed by local law without the necessity of a referendum? Chatham County Yes 10,058 No 9,976 AMENDMENT NO. 16 (Res. Act 183, H. R. 822, Ga. L. 1982, P. 2675) CHATTOOGA COUNTY Shall the Constitution be amended 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 for the proceeds of any local sales and use tax levied within Chattooga County and so as to provide for corresponding ad valorem tax adjustments? Chattooga County Yes 1,462 No 1,221 Chattooga County School Dist. Yes 1,118 No 933 Trion School District Yes 344 No 288 AMENDMENT NO. 17 (Res. Act 118, S. R. 225, Ga. L. 1982, P. 2505) COBB COUNTY Shall the Constitution be amended so as to authorize the General Assembly to modify the provisions governing the Powder Springs Downtown Development Authority? City of Powder Springs Yes 366 No 238 AMENDMENT NO. 18 (Res. Act 164, H. R. 730, Ga. L. 1982, P. 2615) COBB COUNTY 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? Cobb County Yes 37,459 No 23,725 AMENDMENT NO. 19 (Res. Act 146, H. R. 634, Ga. L. 1982, P. 2578) COLQUITT COUNTY 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? Colquitt County Yes 967 No 1,792 City of Moultrie Yes 583 No 1,637 AMENDMENT NO. 20 (Res. Act 180, H. R. 813, Ga. L. 1982, P. 2663) COLQUITT COUNTY 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? Colquitt County Yes 2,086 No 2,270 AMENDMENT NO. 21 (Res. Act 144, H. R. 622, Ga. L. 1982, P. 2575) COLUMBIA COUNTY 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? Columbia County Yes 3,373 No 2,254 AMENDMENT NO. 22 (Res. Act 139, H. R. 573, Ga. L. 1982, P. 2564) CRISP COUNTY 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? Crisp County School District Yes 2,142 No 390 AMENDMENT NO. 23 (Res. Act 142, H. R. 597, Ga. L. 1982, P. 2570) CRISP COUNTY Shall the Constitution be amended so as to provide for an increase in membership of the Crisp County-Cordele Industrial Development Authority? Crisp County Yes 722 No 311 City of Cordele Yes 808 No 299 AMENDMENT NO. 24 (Res. Act 70, H. R. 142, Ga. L. 1981, P. 1914) DEKALB COUNTY Shall the Constitution be amended so as to provide for a homestead exemption from certain city ad valorem taxes for residents of the City of Decatur in an amount to be fixed by the governing authority of the city at not more than $2,000.00 for the first year, and which may be increased periodically, but which exemption shall not exceed $10,000.00? City of Decatur Yes 2,919 No 628 AMENDMENT NO. 25 (Res. Act 129, S. R. 330, Ga. L. 1982, P. 2542) DEKALB COUNTY 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 homestead of each resident homeowner who is totally disabled or is 65 years of age or older? City of Chamblee Yes 931 No 135 AMENDMENT NO. 26 (Res. Act 143, H. R. 617, Ga. L. 1982, P. 2573) DEKALB COUNTY 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? DeKalb County Yes 64,271 No 21,302 AMENDMENT NO. 27 (Res. Act 151, H. R. 663, Ga. L. 1982, P. 2590) DEKALB COUNTY 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? City of Pine Lake Yes 107 No 29 AMENDMENT NO. 28 (Res. Act 162, H. R. 716, Ga. L. 1982, P. 2610) DEKALB COUNTY Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Doraville in an amount fixed by the governing authority of the city at not more than $50,000 from all ad valorem taxes levied and collected by the City? City of Doraville Yes 1,087 No 159 AMENDMENT NO. 29 (Res. Act 178, H. R. 789, Ga. L. 1982, P. 2657) DEKALB COUNTY 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? DeKalb County Yes 68,972 No 22,104 DeKalb County School District Yes 64,235 No 20,502 AMENDMENT NO. 30 (Res. Act 179, H. R. 793, Ga. L. 1982, P. 2659) DEKALB COUNTY 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? DeKalb County School District Yes 70,113 No 16,826 AMENDMENT NO. 31 (Res. Act 167, H. R. 743, Ga. L. 1982, P. 2634) EFFINGHAM COUNTY 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? Effingham County School Dist. Yes 1,653 No 448 AMENDMENT NO. 32 (Res. Act 77, H. R. 307, Ga. L. 1981, P. 1928) COWETA COUNTY AND FULTON COUNTY Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all Palmetto ad valorem taxes for each resident of the City of Palmetto who is 65 years of age or older having an adjusted gross income, with certain exclusions, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, which does not exceed $8,000.00 for the immediately preceeding taxable year for income tax purposes? City of Palmetto (Coweta County) Yes 21 No 2 City of Palmetto (Fulton County) Yes 276 No 39 AMENDMENT NO. 33 (Res. Act 117, S. R. 38, Ga. L. 1982, P. 2504) FULTON COUNTY 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 exceed $5,000.00 to municipalities located wholly or partially within Fulton County for the conduct recreational programs and activities in such municipalities? Fulton County Yes 48,870 No 34,786 AMENDMENT NO. 34 (Res. Act 120, S. R. 264, Ga. L. 1982, P. 2509) DEKALB COUNTY AND FULTON COUNTY 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? City of Atlanta (DeKalb County) Yes 1,847 No 1,236 Atlanta School Dist. (DeKalb County) Yes 1,847 No 1236 Fulton County Yes 40,896 No 39,843 City of Atlanta (Fulton County) Yes 25,658 No 20,757 Atlanta School Dist. (Fulton County) Yes 25,658 No 20,757 AMENDMENT NO. 35 (Res. Act 127, S. R. 320, Ga. L. 1982, P. 2524) FULTON COUNTY 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? City of Hapeville Yes 788 No 658 AMENDMENT NO. 36 (Res. Act 155, H. R. 672, Ga. L. 1982, P. 2597) FULTON COUNTY Shall the Constitution be amended so as to provide for an increase in the maximum income qualifications 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? City of Union City Yes 509 No 155 AMENDMENT NO. 37 (Res. Act 159, H. R. 701, Ga. L. 1982, P. 2605) CLAYTON COUNTY AND FULTON COUNTY 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? City of College Park (Clayton County) Yes 364 No 32 City of College Park (Fulton County) Yes 2,508 No 164 AMENDMENT NO. 38 (Res. Act 163, H. R. 718, Ga. L. 1982, P. 2613) FULTON COUNTY 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? Fulton County Yes 38,348 No 43,409 AMENDMENT NO. 39 (Res. Act 166, H. R. 741, Ga. L. 1982, P. 2618) FULTON COUNTY 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? City of Hapeville Yes 672 No 665 AMENDMENT NO. 40 (Res. Act 173, H. R. 774, Ga. L. 1982, P. 2645) DEKALB COUNTY AND FULTON COUNTY 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? City of Atlanta (DeKalb County) Yes 1,806 No 1,151 Atlanta School Dist. (DeKalb Co.) Yes 1,806 No 1,151 City of Atlanta (Fulton County) Yes 29,199 No 16,576 Atlanta School Dist. (Fulton Co.) Yes 29,199 No 16,576 Fulton County Yes 46,025 No 34,274 AMENDMENT NO. 41 (Res. Act 174, H. R. 775, Ga. L. 1982, P. 2647) DEKALB COUNTY AND FULTON COUNTY 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 property in Fulton County and the City of Atlanta for the purposes of advalorem taxes levied for city and county purposes? City of Atlanta (DeKalb County) Yes 1,657 No 1,337 City of Atlanta (Fulton County) Yes 25,771 No 19,148 Fulton County Yes 40,778 No 38,355 AMENDMENT NO. 42 (Res. Act 75, H. R. 215, Ga. L. 1981, P. 1923) GILMER COUNTY Shall the Constitution be amended so as to authorize the Gilmer County Industrial Development Authority to fix the interest rate to be borne by bonds, debentures, or revenue bonds issued by the authority and to provide that state usury laws shall not apply to such issues? Gilmer County Yes 498 No 469 AMENDMENT NO. 43 (Res. Act 169, H. R. 748, Ga. L. 1982, P. 2637) GLYNN COUNTY 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? Glynn County Yes 4,943 No 3,090 AMENDMENT NO. 44 (Res. Act 74, H. R. 213, Ga. L. 1981, P. 1921) GWINNETT COUNTY Shall the Constitution be amended so as to increase the homestead exemption to $20,000.00 and the income limits to $10,000.00 for certain residents of Gwinnett County who are 65 years of age or over and to provide for the granting of such exemption to both spouses under certain conditions although only one of them is 65 years of age or over? Gwinnett County School District Yes 30,693 No 6,121 Gwinnett County Yes 30,693 No 6,121 AMENDMENT NO. 45 (Res. Act 140, H. R. 591, Ga. L. 1982, P. 2566) HABERSHAM COUNTY 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? Habersham County School Dist. Yes 2,859 No 1,404 AMENDMENT NO. 46 (Res. Act 123, S. R. 292, Ga. L. 1982, P. 2515) HENRY COUNTY 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? Henry County School District Yes 6,083 No 1,159 AMENDMENT NO. 47 (Res. Act 125, S. R. 294, Ga. L. 1982, P. 2519) HENRY COUNTY 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? Henry County Yes 6,943 No 1,028 AMENDMENT NO. 48 (Res. Act 161, H. R. 713, Ga. L. 1982, P. 2609) HENRY COUNTY 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? Henry County Yes 3,572 No 3,485 AMENDMENT NO. 49 (Res. Act 157, H. R. 699, Ga. L. 1982, P. 2600) HOUSTON COUNTY 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? Houston County Yes 8,409 No 6,762 Houston County School District Yes 8,409 No 6,762 AMENDMENT NO. 50 (Res. Act 158, H. R. 700, Ga. L. 1982, P. 2601) HOUSTON COUNTY 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? Houston County Yes 10,146 No 5,556 Houston County School District Yes 10,146 No 5,556 AMENDMENT NO. 51 (Res. Act 150, H.R. 657, Ga. L. 1982, P. 2588) JEFFERSON COUNTY 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? Jefferson County Yes 1,568 No 564 Jefferson Co. School District Yes 1,568 No 564 City of Louisville Yes 358 No 104 City of Wadley Yes 160 No 57 City of Wrens Yes 195 No 67 City of Bartow Yes 38 No 15 City of Avery Yes 13 No 8 City of Stapleton Yes 30 No 4 AMENDMENT NO. 52 (Res. Act 152, H. R. 669, Ga. L. 1982, P. 2592) LOWNDES COUNTY 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? Lowndes County Yes 3,762 No 3,248 AMENDMENT NO. 53 (Res. Act 153, H. R. 670, Ga. L. 1982, P. 2593) LOWNDES COUNTY 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? Lowndes County Yes 3,630 No 3,534 AMENDMENT NO. 54 (Res. Act 175, H. R. 777, Ga. L. 1982, P. 2649) LOWNDES COUNTY 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? Lowndes County Yes 3,478 No 3,612 AMENDMENT NO. 55 (Res. Act 147, H. R. 636, Ga. L. 1982, P. 2582) MERIWETHER COUNTY 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? Meriwether County Yes 1,673 No 1,535 AMENDMENT NO. 56 (Res. Act 172, H. R. 758, Ga. L. 1982, P. 2643) MITCHELL COUNTY 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? Mitchell County School District Yes 2,038 No 730 Pelham School District Yes 654 No 93 Mitchell County Yes 2,692 No 823 AMENDMENT NO. 57 (Res. Act 76, H. R. 271, Ga. L. 1981, P. 1926) MUSCOGEE COUNTY Shall the Constitution be amended so as to provide for assessment of homestead property in Muscogee County for ad valorem tax purposes based upon the value of the property on January 1, 1983; or as of January 1 of the first year when homestead exemption is allowed and claimed after January 1, 1983; or as of January 1 of the year following the last change of ownership after January 1, 1983, whichever is later? Muscogee County School District Yes 19,513 No 7,143 Muscogee/Columbus Consolidated Yes 19,513 No 7,143 AMENDMENT NO. 58 (Res. Act 141, H. R. 594, Ga. L. 1982, P. 2568) NEWTON COUNTY 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? City of Covington Yes 685 No 887 AMENDMENT NO. 59 (Res. Act 171, H. R. 753, Ga. L. 1982, P. 2640) NEWTON COUNTY 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? Newton County Yes 1,289 No 5,211 Newton County School District Yes 1,289 No 5,211 AMENDMENT NO. 60 (Res. Act 121, S. R. 266, Ga. L. 1982, P. 2511) PAULDING COUNTY 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, 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. Paulding County School District Yes 3,341 No 895 AMENDMENT NO. 61 (Res. Act 148, H. R. 639, Ga. L. 1982, P. 2584) PIERCE COUNTY Shall the Constitution be amended so 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? Pierce County School District Yes 1,060 No 222 AMENDMENT NO. 62 (Res. Act 122, S. R. 267, Ga. L. 1982, P. 2513) POLK COUNTY 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? Polk County Yes 2,356 No 1,711 AMENDMENT NO. 63 (Res. Act 181, H. R. 816, Ga. L. 1982, P. 2664) PULASKI COUNTY 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? Pulaski County School District Yes 1,159 No 271 AMENDMENT NO. 64 (Res. Act 126, S. R. 309, Ga. L. 1982, P. 2522) RABUN COUNTY 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? Rabun County School District Yes 1,202 No 803 AMENDMENT NO. 65 (Res. Act 165, H. R. 740, Ga. L. 1982, P. 2616) RICHMOND COUNTY Shall the Constitution be amended so as to exempt from City of Augusta ad valorem taxes certain capital improvements of commercial and business establishments? City of Augusta Yes 4,062 No 1,720 AMENDMENT NO. 66 (Res. Act 170, H. R. 751, Ga. L. 1982, P. 2639) RICHMOND COUNTY 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? Richmond County Yes 17,397 No 3,845 AMENDMENT NO. 67 (Res. Act 156, H. R. 698, Ga. L. 1982, P. 2598) SCHLEY COUNTY 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? Schley County Yes 216 No 155 AMENDMENT NO. 68 (Res. Act 168, H. R. 746, Ga. L. 1982, P. 2635) SCREVEN COUNTY 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? Screven County School District Yes 1,078 No 447 Screven County Yes 1,078 No 447 AMENDMENT NO. 69 (Res. Act 79, H. R. 339, Ga. L. 1981, P. 1933) SPALDING COUNTY Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Spalding County shall have jurisdiction? Spalding County Yes 4,460 No 3,134 AMENDMENT NO. 70 (Res. Act 184, H. R. 823, Ga. L. 1982, P. 2677) SPALDING COUNTY Shall the Constitution be amended so as to declare the construction of certain public facilities in Spalding County as an essential governmental funtion 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 the jailhouse bonds and not more than four 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? Spalding County Yes 8,339 No 1,354 Griffin/Spalding School Dist. Yes 8,339 No 1,354 AMENDMENT NO. 71 (Res. Act 185, H. R. 826, Ga. L. 1982, P. 2680) SPALDING COUNTY 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. Griffin/Spalding School Dist. Yes 6,532 No 1,795 AMENDMENT NO. 72 (Res. Act 137, H. R. 540, Ga. L. 1982, P. 2557) TIFT COUNTY 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? Tift County Yes 2,675 No 1,747 City of Tifton Yes 2,023 No 948 AMENDMENT NO. 73 (Res. Act 128, S. R. 321, Ga. L. 1982, P. 2540) TOWNS COUNTY 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 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? Towns County School District Yes 1,133 No 670 AMENDMENT NO. 74 (Res. Act 119, S. R. 227, Ga. L. 1982, P. 2507) UNION COUNTY 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? Union County School District Yes 1,973 No 389 AMENDMENT NO. 75 (Res. Act 160, H. R. 705, Ga. L. 1982, P. 2607) UPSON COUNTY 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? Upson County Yes 3,216 No 1,190 City of Thomaston Yes 1,441 No 515 AMENDMENT NO. 76 (Res. Act 177, H. R. 787, Ga. L. 1982, P. 2655) WALTON COUNTY 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? Walton County Yes 1,588 No 1,629 AMENDMENT NO. 77 (Res. Act 138, H. R. 563, Ga. L. 1982, P. 2563) WARE COUNTY 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? Ware County Yes 3,038 No 2,250 AMENDMENT NO. 78 (Res. Act 145, H. R. 625, Ga. L. 1982, P. 2576) WHITFIELD COUNTY 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? Whitfield County Yes 7,107 No 1,789 AMENDMENT NO. 79 (Res. Act 154, H. R. 671, Ga. L. 1982, P. 2595) WHITFIELD COUNTY 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? Whitfield County Yes 4,666 No 4,459

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For any information regarding these ACTS and RESOLUTIONS please contact: MAX CLELAND Secretary of State