Acts and resolutions of the General Assembly of the state of Georgia 1984 [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 19840000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1984 19840000 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 xii Acts and Resolutions of General Application 1 Vetoes by the Governor, 1979 Session 1729 Map of Counties and Judicial Circuits 1738 Appellate CourtsPersonnel 1739 Superior CourtsPersonnel and Calendars 1740 IndexTabular 1750 IndexGeneral 1774 Population of Georgia CountiesAlphabetically 1831 Population of Georgia CountiesNumerically 1834 Georgia Senatorial Districts, Alphabetically by County 1836 Georgia Senators, Alphabetically by Name 1838 Georgia Senators, Numerically by District 1840 Georgia House Districts, Alphabetically by County 1843 Georgia Representatives, Alphabetically by Name 1845 Georgia Representatives, Numerically by District 1853 Status of Referendum Elections for the Years 1953-1983 1861 VOLUME TWO Acts by NumbersPage References iv Bills and ResolutionsAct Number References xii Acts and Resolutions of Local Application 3501 County Home Rule Actions 5277 Municipal Home Rule Actions 5329 Vetoes by the Governor, 1979 Session 5487 Map of Counties and Judicial Circuits 5496 Appellate CourtsPersonnel 5497 Superior CourtsPersonnel and Calendars 5498 IndexTabular 5508 IndexGeneral 5532 Population of Georgia CountiesAlphabetically 5589 Population of Georgia CountiesNumerically 5592 Georgia Senatorial Districts, Alphabetically by County 5594 Georgia Senators, Alphabetically by Name 5596 Georgia Senators, Numerically by District 5598 Georgia House Districts, Alphabetically by County 5601 Georgia Representatives, Alphabetically by Name 5603 Georgia Representatives, Numerically by District 5611 Status of Referendum Elections for the Years 1953-1980 5619

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Compiler's Note General Acts and Resolutions of the 1984 session will be found in volume one beginning at page one. Proposed amendments to the Constitution passed at the 1984 session will be found beginning at page 1701 of volume one. This volume is bound separately. Local and special acts and resolutions are grouped in volume two beginning at 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 1983 are printed in volume two beginning at page 5329. Home Rule Actions by Counties filed in the office of the Secretary of State during 1983 are printed in volume two beginning at page 5277. There are no numbered pages between 1922 and page 3501. The indexes are printed in each volume and cover materials in both volumes. The tabular indexes list matter by broad categories; the general index is a detailed alphabetical index by subject matter. Where possible to do so, general acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend. ERRATUM Pg. 423 in caption 4-2-711 should read 40-2-71.1 Pg. 4106 word Referendum should be added to caption. ACTS BY NUMBERS, PAGE REFERENCES Act No. Page 572 3501 573 3507 574 3513 575 3523 576 3531 577 3534 578 3542 579 1 580 22 581 131 582 3544 583 132 584 133 585 3547 586 3564 587 3575 588 3580 589 136 590 3583 591 3588 592 3591 593 3601 594 3608 595 3618 596 3624 597 3627 598 3634 599 3638 600 331 601 3641 602 3644 603 3647 604 3649 605 3652 606 3654 607 3658 608 3662 609 3665 610 3668 611 3671 612 3675 613 3680 614 3688 615 3694 616 3704 617 3717 618 3724 619 3727 620 3729 621 337 622 3740 623 3743 624 3747 625 3751 626 3755 627 3758 628 3760 629 339 630 3763 631 3766 632 3770 633 3772 634 3777 635 3779 636 3785 637 3788 638 3790 639 3793 640 3795 641 3801 642 3805 643 3807 644 343 645 3814 646 3817 647 3819 648 3822 649 3829 650 3834 651 3836 652 348 653 3838 654 3846 655 3848 656 3852 657 3858 658 3860 659 3862 660 3864 661 3866 662 3868 663 3871 664 3873 665 3875 666 3877 667 3880 668 3882 669 351 670 3884 671 3887 672 3892 673 3894 674 3896 675 3899 676 3901 677 3904 678 3907 679 3909 680 3911 681 3915 682 3917 683 3919 684 3923 685 3926 686 3930 687 3937 688 3939 689 3942 690 3944 691 3946 692 3952 693 3955 694 3957 695 3960 696 3962 697 3965 698 3969 699 3971 700 3978 701 3980 702 3983 703 3988 704 3990 705 3992 706 3994 707 3997 708 4000 709 4002 710 4005 711 4006 712 4009 713 4013 714 4015 715 4017 716 4020 717 4022 718 4024 719 4026 720 4033 721 4035 722 4037 723 4039 724 4041 725 4043 726 4045 727 4047 728 4050 729 4052 730 4054 731 4057 732 4059 733 4061 734 4064 735 4067 736 4069 737 4071 738 4073 739 4078 740 4080 741 4083 742 4087 743 4090 744 4092 745 4094 746 4098 747 4100 748 4103 749 4106 750 4109 751 4111 752 4113 753 4114 754 4116 755 4118 756 4120 757 4123 758 352 759 357 760 4125 761 4128 762 4130 763 4135 764 4139 765 359 766 365 767 367 768 4141 769 4144 770 4148 771 4150 772 4152 773 4154 774 4157 775 4159 776 4162 777 4164 778 4166 779 4168 780 4171 781 4173 782 4175 783 4177 784 4180 785 4182 786 4184 787 4187 788 4190 789 4192 790 4196 791 4198 792 4199 793 4201 794 4205 795 4207 796 4210 797 4212 798 370 799 373 800 4242 801 374 802 4245 803 375 804 378 805 381 806 387 807 388 808 389 809 393 810 4250 811 394 812 397 813 398 814 404 815 413 816 415 817 416 818 420 819 422 820 423 821 425 822 427 823 430 824 431 825 433 826 4254 827 434 828 4256 829 4261 830 4264 831 4266 832 4269 833 4273 834 436 835 438 836 439 837 440 838 441 839 442 840 443 841 444 842 445 843 446 844 448 845 451 846 452 847 454 848 463 849 467 850 469 851 472 852 4281 853 4287 854 4289 855 4291 856 4293 857 4296 858 4298 859 4303 860 4306 861 4308 862 4310 863 4314 864 4316 865 4318 866 495 867 498 868 500 869 4321 870 501 871 502 872 503 873 504 874 505 875 507 876 511 877 513 878 514 879 516 880 517 881 519 882 520 883 522 884 529 885 535 886 536 887 537 888 542 889 543 890 544 891 546 892 548 893 549 894 552 895 561 896 562 897 565 898 567 899 568 900 571 901 572 902 575 903 579 904 580 905 581 906 583 907 585 908 589 909 591 910 592 911 593 912 594 913 595 914 596 915 597 916 599 917 602 918 603 919 604 920 606 921 608 922 609 923 611 924 612 925 613 926 614 927 616 928 617 929 4323 930 4326 931 4335 932 4338 933 4340 934 4343 935 4345 936 4349 937 4352 938 4359 939 4362 940 4364 941 4367 942 4369 943 4371 944 4374 945 4377 946 4379 947 4381 948 4383 949 619 950 621 951 632 952 634 953 635 954 636 955 637 956 639 957 641 958 643 959 644 960 647 961 649 962 651 963 652 964 653 965 656 966 657 967 658 968 660 969 661 970 674 971 675 972 677 973 679 974 680 975 681 976 682 977 685 978 686 979 689 980 690 981 693 982 694 983 696 984 697 985 699 986 702 987 704 988 4385 989 4387 990 4390 991 4393 992 4395 993 4398 994 4400 995 4402 996 4405 997 4408 998 4411 999 4413 1000 4415 1001 4422 1002 4426 1003 4435 1004 4438 1005 4440 1006 4442 1007 4447 1008 4451 1009 4455 1010 4459 1011 4467 1012 4475 1013 4478 1014 4480 1015 4483 1016 4485 1017 4488 1018 4491 1019 705 1020 4494 1021 4497 1022 4500 1023 4516 1024 4519 1025 4521 1026 4524 1027 4527 1028 4529 1029 4531 1030 4534 1031 4536 1032 4559 1033 4561 1034 4563 1035 4576 1036 4586 1037 4595 1038 4599 1039 4601 1040 4605 1041 4607 1042 4609 1043 4613 1044 4628 1045 4633 1046 4635 1047 4638 1048 4642 1049 4645 1050 4647 1051 4649 1052 4653 1053 4657 1054 4661 1055 4669 1056 4675 1057 711 1058 713 1059 4679 1060 4685 1061 4687 1062 4690 1063 4692 1064 4694 1065 4696 1066 4698 1067 4702 1068 4705 1069 4707 1070 4709 1071 4711 1072 715 1073 717 1074 720 1075 721 1076 723 1077 727 1078 4727 1079 4745 1080 4779 1081 4793 1082 4823 1083 4829 1084 4862 1085 4873 1086 4877 1087 4882 1088 4884 1089 4887 1090 4916 1091 4920 1092 4935 1093 4950 1094 4952 1095 4955 1096 4967 1097 756 1098 758 1099 760 1100 762 1101 764 1102 775 1103 777 1104 778 1105 780 1106 781 1107 783 1108 785 1109 788 1110 790 1111 792 1112 794 1113 797 1114 801 1115 802 1116 805 1117 807 1118 808 1119 810 1120 812 1121 816 1122 818 1123 824 1124 826 1125 827 1126 828 1127 831 1128 834 1129 839 1130 841 1131 842 1132 844 1133 851 1134 852 1135 859 1136 860 1137 861 1138 874 1139 876 1140 890 1141 892 1142 894 1143 895 1144 896 1145 898 1146 900 1147 903 1148 904 1149 907 1150 908 1151 912 1152 913 1153 922 1154 924 1155 926 1156 929 1157 932 1158 935 1159 936 1160 937 1161 940 1162 941 1163 944 1164 948 1165 949 1166 952 1167 962 1168 964 1169 966 1170 967 1171 968 1172 970 1173 974 1174 4998 1175 976 1176 5004 1177 5050 1178 5077 1179 982 1180 5109 1181 5114 1182 5119 1183 5126 1184 5130 1185 5132 1186 5135 1187 5137 1188 5146 1189 5152 1190 5177 1191 5186 1192 5188 1193 5191 1194 5197 1195 5202 1196 5205 1197 5210 1198 5215 1199 5231 1200 5233 1201 983 1202 5236 1203 5239 1204 5253 1205 990 1206 996 1207 998 1208 1000 1209 1004 1210 1005 1211 1015 1212 1016 1213 1017 1214 1019 1215 1021 1216 1034 1217 1036 1218 1038 1219 1041 1220 1058 1221 1067 1222 1070 1223 1071 1224 1074 1225 1077 1226 1079 1227 1080 1228 1084 1229 1086 1230 1087 1231 1096 1232 1100 1233 1105 1234 1117 1235 1119 1236 1122 1237 1124 1238 1129 1239 1142 1240 1144 1241 1146 1242 1149 1243 1152 1244 1155 1245 1160 1246 1177 1247 1179 1248 1182 1249 1192 1250 1193 1251 1194 1252 1196 1253 1199 1254 1201 1255 1203 1256 1204 1257 1210 1258 1211 1259 1216 1260 1218 1261 1219 1262 1221 1263 1223 1264 1227 1265 1244 1266 1253 1267 1255 1268 1263 1269 1266 1270 1274 1271 1279 1272 1284 1273 1294 1274 1296 1275 1309 1276 1314 1277 1317 1278 1319 1279 1321 1280 1323 1281 1324 1282 1325 1283 1329 1284 1333 1285 1335 1286 1337 1287 1338 1288 1345 1289 1359 1290 1361 1291 1362 1292 1369 1293 1371 1294 1372 1295 1374 1296 5257 1297 1376 1298 1377 1299 1388 1300 1389 1301 1394 1302 1397 1303 1406 1304 1426 1305 1428 1306 1430 1307 1432 1308 1433 1309 1435 1310 1437 1311 1439 1312 1465 1313 1466 1314 1467 1315 1477 1316 1487 1317 1489 1318 1490 1319 1495 1320 5268 1321 1502 1322 1644 1323 1647 1324 1648 1325 1654 1326 1674 1327 1675 1328 1677 1329 1679 1330 1680 1331 1683 1332 1685 1333 1688 1334 1691 1335 1692 1336 1694 1337 1697 1338 5270 RESOLUTIONS BY NUMBER, PAGE REFERENCES Res. No. Page 35 329 36 332 37 336 38 475 39 476 40 479 41 481 42 483 43 484 44 4275 45 4277 46 4278 47 487 48 4279 49 489 50 491 51 492 52 494 53 4281 54 4450 55 4597 56 729 57 732 58 735 59 737 60 740 61 742 62 744 63 4716 64 4717 65 4718 66 4719 67 4720 68 1703 69 746 70 4721 71 1707 72 1709 73 4722 74 4723 75 4724 76 750 77 753 78 4725 79 978 80 1711 81 5048 82 980 83 1713 84 1714 85 1716 86 1277 87 1719 88 1722 89 1313 90 1726 91 5266

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BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. 49 1312 94 Veto No. 24 123 1316 143 1276 144 1119 152 1304 169 1205 199 Veto No. 28 213 1146 256 1244 272 1206 274 1207 285 621 309 1308 358 Veto No. 19 414 1147 425 834 431 915 434 868 438 870 442 1148 451 1225 457 1305 464 Veto No. 27 501 928 511 1319 518 963 520 1120 531 1255 536 1277 542 1278 554 1182 559 1149 571 1317 594 1226 599 782 600 1004 618 1208 634 1227 635 1322 644 871 680 629 698 1209 706 1292 790 964 815 1150 817 1265 828 1331 830 1121 839 1245 840 1210 844 575 845 1183 847 695 848 696 849 697 850 1087 851 1088 852 572 853 573 855 698 856 1184 857 1204 858 699 862 576 864 1264 869 929 870 630 871 1122 873 631 877 916 878 1203 883 1261 884 1228 886 Veto No. 26 888 1185 890 965 891 917 893 966 894 1260 895 577 900 765 901 1313 903 632 905 872 907 1246 908 1256 910 1229 912 967 913 968 914 835 915 1151 918 836 919 837 920 1008 921 700 926 1152 928 1077 929 578 931 918 933 838 934 919 935 600 936 579 937 969 938 1230 939 970 940 1318 941 971 942 1153 943 972 946 1231 948 873 949 1268 950 973 951 1154 952 1123 957 758 960 1232 961 633 962 701 963 702 965 589 966 703 968 874 969 974 970 1124 973 1125 974 1126 975 1155 976 1247 977 875 978 1156 979 1157 980 920 981 839 982 1158 983 975 984 1279 985 1233 987 1127 988 976 989 978 990 840 994 876 995 877 996 574 998 977 999 921 1003 1211 1006 1212 1008 1213 1009 922 1010 1301 1015 1074 1016 1280 1022 1128 1023 1293 1024 841 1025 1129 1026 1130 1027 923 1029 Veto No. 20 1030 742 1031 878 1032 581 1033 979 1034 583 1036 879 1037 1131 1038 1248 1040 743 1042 1214 1045 1321 1046 1257 1047 1215 1048 1259 1053 1249 1054 924 1057 1216 1058 1217 1059 1132 1062 842 1064 744 1067 Veto No. 22 1068 1282 1070 980 1073 981 1077 1218 1078 1160 1079 1017 1082 1234 1083 1302 1087 843 1088 1161 1089 880 1090 1250 1091 881 1092 768 1093 745 1094 746 1095 948 1101 767 1102 1133 1103 844 1106 1134 1107 1162 1109 1235 1111 1135 1112 1159 1113 1006 1114 982 1116 1186 1117 747 1118 983 1119 748 1120 749 1121 1199 1122 882 1123 1163 1124 1003 1131 845 1132 1299 1133 1298 1135 883 1136 750 1138 1164 1139 1272 1141 751 1144 1219 1147 592 1149 1165 1150 1118 1152 1236 1153 846 1155 584 1156 580 1158 1136 1159 1294 1160 1166 1161 704 1163 Veto No. 29 1164 884 1165 885 1166 1310 1167 930 1168 766 1169 1220 1170 1251 1171 1137 1172 1306 1174 847 1176 752 1177 705 1178 753 1179 754 1180 1009 1181 1221 1185 925 1186 755 1187 1167 1189 582 1191 886 1193 585 1194 595 1195 887 1196 759 1197 1309 1198 1314 1199 1222 1200 926 1201 984 1203 706 1204 756 1205 Veto No. 18 1206 1273 1207 1281 1208 848 1209 1283 1211 1223 1213 888 1215 1168 1216 1138 1217 889 1220 1284 1222 707 1223 1076 1224 708 1230 1337 1232 890 1235 1323 1238 757 1242 1072 1245 587 1246 586 1247 729 1248 688 1249 849 1250 891 1252 588 1253 599 1254 730 1255 731 1256 689 1257 690 1259 733 1260 1295 1261 732 1263 734 1264 1073 1265 1285 1267 1139 1268 946 1269 735 1271 1169 1272 691 1274 1179 1275 604 1276 985 1278 1326 1281 867 1282 736 1283 692 1287 737 1288 693 1290 1237 1293 1263 1292 1238 1294 1140 1296 1300 1298 738 1302 769 1306 739 1310 694 1312 850 1313 1252 1314 927 1317 1286 1318 622 1319 623 1320 740 1321 741 1323 624 1324 1071 1325 625 1326 1324 1328 1170 1330 626 1331 627 1332 986 1335 628 1337 1287 1338 866 1339 1171 1342 1141 1343 1172 1344 1173 1346 1224 1348 613 1349 618 1350 617 1354 1142 1356 1253 1358 1288 1361 770 1364 1143 1370 673 1371 674 1372 675 1373 Veto No. 17 1374 676 1375 591 1377 677 1379 678 1380 679 1381 931 1382 865 1383 932 1386 680 1387 681 1388 597 1389 682 1390 851 1393 611 1394 1038 1396 683 1397 727 1400 1078 1401 684 1402 685 1403 1010 1404 1190 1405 686 1406 1089 1407 687 1408 713 1409 771 1410 714 1411 715 1412 716 1413 717 1414 718 1415 719 1416 987 1417 1039 1418 1307 1419 720 1420 721 1421 722 1422 723 1423 724 1424 772 1425 1040 1426 1005 1427 725 1428 605 1429 603 1432 1075 1433 1002 1435 726 1436 1011 1438 728 1440 669 1442 Veto No. 13 1443 1007 1444 1018 1445 863 1446 864 1447 1041 1448 773 1449 1057 1450 774 1451 1058 1452 775 1454 776 1456 670 1462 593 1463 671 1464 672 1465 709 1466 862 1469 710 1470 777 1471 711 1472 Veto No. 15 1473 1239 1475 1266 1479 778 1480 852 1481 853 1482 947 1483 779 1484 608 1485 854 1486 609 1487 1059 1488 855 1489 856 1490 933 1491 1012 1492 601 1493 1019 1494 1289 1495 1013 1496 1042 1497 857 1498 858 1499 712 1500 934 1501 1043 1502 1044 1503 1045 1504 1060 1505 859 1506 1290 1507 1014 1508 1200 1509 1046 1511 594 1512 1328 1514 1056 1515 1090 1516 1015 1517 1016 1518 1174 1519 1180 1520 780 1521 1020 1522 781 1523 1091 1524 1021 1525 1092 1526 1201 1527 1202 1528 1093 1529 1191 1530 1181 1531 1061 1532 1022 1533 783 1534 1023 1535 796 1536 784 1538 785 1539 860 1541 786 1542 1062 1545 1024 1546 1063 1547 1025 1548 1026 1549 1027 1550 1064 1551 1065 1552 1001 1554 1066 1555 1000 1556 764 1557 763 1558 762 1559 761 1560 999 1561 998 1562 787 1563 1079 1564 1094 1565 606 1566 610 1568 1144 1569 1145 1571 1067 1572 997 1573 996 1574 995 1577 1047 1581 1338 1582 788 1583 994 1584 1187 1585 993 1587 1188 1589 1048 1591 992 1592 991 1593 1192 1594 990 1595 989 1596 988 1598 1028 1600 797 1601 1193 1602 789 1603 790 1605 1320 1606 1095 1608 1068 1609 1080 1610 791 1611 935 1612 1189 1613 1081 1614 1049 1615 936 1616 1029 1619 937 1620 869 1621 1177 1622 1050 1623 616 1624 614 1625 1296 1628 1051 1629 760 1630 1052 1631 615 1632 1053 1633 1082 1634 1194 1635 792 1636 1195 1638 1030 1639 938 1640 1031 1641 1196 1642 793 1643 1083 1644 794 1645 1032 1646 939 1647 795 1650 1197 1652 1033 1653 607 1654 940 1655 861 1656 1034 1657 1084 1658 1035 1659 1036 1662 941 1664 1037 1665 1176 1666 942 1670 1085 1672 943 1673 1178 1674 944 1675 945 1676 1086 1677 1198 1678 1069 1679 1070 1680 619 1682 620 1683 1054 1685 1055 1686 1096 House Res. Res. Act 1668 598 Senate Bill Act No. 23 951 28 1097 38 798 61 1240 63 1098 93 1303 101 892 106 893 108 1099 112 799 122 800 149 894 167 895 174 801 175 1335 186 1315 191 1100 227 802 232 896 246 Veto No. 21 248 1101 254 1102 259 1103 290 803 297 1267 298 590 312 897 315 906 319 1104 321 1105 322 952 323 953 325 1297 326 954 328 955 331 804 332 1271 333 805 338 956 343 1106 344 1329 346 907 351 908 352 950 354 1274 355 1275 358 1107 363 1241 364 1327 366 909 367 Veto No. 23 369 806 370 1242 371 807 372 1270 374 1108 375 808 376 809 378 1109 382 642 383 810 385 Veto No. 16 386 656 387 1110 388 811 389 1311 390 1332 392 1262 393 634 395 1325 400 657 401 1330 403 643 404 635 405 812 408 1111 409 898 410 658 411 957 415 899 419 813 420 814 421 Veto No. 14 425 1112 426 1113 427 1291 432 815 433 816 436 571 440 901 442 817 444 818 445 901 446 1175 447 910 448 911 449 958 450 959 451 819 452 903 454 960 455 912 457 820 459 660 463 904 465 821 469 1334 471 644 473 961 474 636 475 637 476 596 477 1258 480 949 481 659 482 1114 483 1333 486 661 487 822 488 1254 490 638 492 602 494 662 495 639 497 905 498 1243 500 663 502 646 503 645 504 1269 505 640 507 664 513 1336 515 665 521 666 523 1115 524 823 525 668 527 824 530 647 535 913 537 914 538 825 541 826 542 648 544 827 545 962 548 1116 549 1117 550 649 551 650 552 641 553 651 554 654 555 652 556 828 557 667 558 829 559 830 560 653 561 655 562 831 563 612 564 832 565 833 House Resolution Res. Act No. 182 70 185 71 210 45 444 72 445 73 446 74 447 75 448 82 449 46 451 54 476 76 478 35 482 77 487 47 489 48 504 49 505 85 522 37 524 50 541 36 543 78 544 51 572 56 587 57 588 58 589 80 590 59 621 60 625 69 631 52 642 61 643 62 644 89 645 79 653 63 655 64 695 91 696 55 706 65 710 66 713 67 733 68 734 81 741 53 Senate Resolution Res. Act No. 267 88 268 87 274 90 277 38 300 83 301 39 307 84 313 40 315 41 319 86 344 42 366 43 383 44 431 Veto No. 25

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1984 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1984 ELECTIONSGEORGIA ELECTION CODE AMENDED. Code Title 21, Chapters 2 and 3 Amended. No. 579 (House Bill No. 936). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to restrict the number of offices for which an individual may be nominated or be a candidate in any one election; to change the provisions relating to clerks and deputy registrars; to change the provisions relating to form of registration cards; to provide for absentee voter registration by persons outside of the United States; to provide procedures; to change the provisions relating to the keeping of registration cards and other papers, voter registration places, and office hours; to change the provisions relating to persons providing proper identification for the purpose of voter registration; to change the provisions relating to requirements for voting precincts; to change the definition of the term absentee elector; to change the provisions relating to the form of the official primary ballot; to require political parties to submit questions to their members by certain times; to change the provisions relating to uniformity of

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ballots in precincts; to change the procedures relating to unopposed candidates; to change the provisions relating to applications for absentee ballots; to provide procedures for absentee electors overseas to secure ballots for and vote in certain elections; to change the provisions relating to the call of special elections; to provide for the call of special primaries; to provide for unopposed candidates in special primaries; to provide that no special primary election will be held where there will be no opposed candidates in a precinct in a special primary; to change the provisions relating to qualifications of voters in municipal elections; to change the provisions relating to requirements for voting precincts in municipal elections; to change the provisions relating to the form of official primary ballots in municipal elections; to change the procedures relating to unopposed candidates in municipal elections; to change the provisions relating to uniformity of ballots within precincts in municipal elections; to change the definition of the term absentee elector as it applies to municipal elections; to change the provisions relating to special primaries or elections with respect to municipalities; to provide for unopposed candidates in special primaries held in municipalities; to provide that no special primary election will be held where there will be no opposed candidates in a precinct in a special or general primary to be held by the municipality; 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 21-2-136, relating to restrictions on the number of offices for which an individual may be nominated or be a candidate in any one election, and inserting in lieu thereof a new Code Section 21-2-136 to read as follows: 21-2-136. No person shall be nominated, nor shall any person be a candidate in a primary or election, for more than one of the following public offices to be filled at any one election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, Commissioner of Labor, United States senator or representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, judge of the probate court, clerk of the superior court, tax commissioner, tax collector, sheriff, judge of the superior court, county treasurer, county school

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superintendent, tax receiver, and members of the Senate and House of Representatives of the General Assembly. Section 2 . Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-212, relating to appointment of additional deputy registrars and clerks, which reads as follows: (a) The registrars may appoint additional deputies and hire clerical help to aid them in the discharge of their duties if the compensation required therefor has been first approved by the governing authority of the county., and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) The board of registrars in each county shall appoint deputy registrars to aid them in the discharge of their duties. The number of deputy registrars appointed to serve shall be determined by the board of registrars, except that additional registrars shall be appointed as would reasonably be required to afford qualified citizens an opportunity to register. Such deputy registrars shall serve without compensation unless the governing authority of the county, by resolution, authorizes compensation. In appointing deputy registrars, the registrars shall select persons who are reasonably representative of a cross section of significantly identifiable groups of the communities or areas where they are to serve. Such deputy registrars shall be subject to the provisions of subsection (a) of Code Section 21-2-213. (2) Registrars may hire clerical help to assist them in their duties if the compensation required therefor has been first approved by the governing authority of the county. Such additional clerks shall be eligible to be appointed as deputy registrars for the purpose of registering voters in the county, but it shall not be necessary for such clerks to be electors of the county in which employed. Section 3 . Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2-217, relating to form of registration cards, and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) The registration cards for use by applicants for absentee registration shall be in the same form as the above form of

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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, the State of Georgia, and this county; that I am at least 18 years of age, or will be on theday of, 19; that my residence for voting purposes is located atin such county; that my temporary address outside of this state is; or that I am otherwise qualified to register by absentee registration for the following reasons; that I possess the qualifications of an elector required by the Constitution of the State of Georgia; that I am not registered to vote in any other county, or I am registered inCounty of the state ofand request cancellation of my registration; that I am not registered to vote under any other name; that I have never been convicted in any court of competent jurisdiction of any felony involving moral turpitude, punishable by the laws of the State of Georgia with imprisonment in the penitentiary or, if so convicted, that I was pardoned on, or my sentence was completed on; and that the information contained elsewhere on this card is true. I declare that the above is a true statement to the best of my knowledge and belief, and I understand that if I make any material false statement in the above statement I shall be guilty of a misdemeanor and may be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 12 months. Date, 19. (Sign here) (2) (A) An absentee voter who is a member of the armed forces of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily residing overseas and will be absent from his county of residence until after the time for

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registering for an ensuing primary or election may make proper application for absentee registration on the official post card provided for by the Federal Voting Assistance Act of 1955, as amended. (B) Applicants for absentee registration who permanently reside overseas shall only be authorized to register to vote for presidential electors and United States senator or representative in Congress. The registration cards for use by applicants for absentee registration who permanently reside overseas shall be in the same form as the form of the registration card in subsection (a) of Code Section 21-2-217, 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, the undersigned, do swear (or affirm): (1) That I am a citizen of the United States; (2) That I presently reside atwhich is outside any of the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands; (3) That my last domicile (permanent residence) immediately prior to moving outside the United States was, inCounty in the State of Georgia and I resided at that address from, 19, to, 19; (4) That since leaving the State of Georgia I do not presently maintain, and I have not maintained, another domicile and I am not presently and have not since leaving the State of Georgia been registered to vote in another state or election district of another state or territory or in any territory or possession of the United States; (5) That I have a valid passport or record of identity and registration issued under the authority of the Secretary of State of the United States or, in

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lieu thereof, an alternative form of identification consistent with the Overseas Voting Rights Act of 1975, as amended, and applicable state or district requirements in the absence of a valid passport or card of identity and registration; (6) That I am at least 18 years of age or will be on theday of, 19; (7) That I have never been convicted in any court of competent jurisdiction of any felony involving moral turpitude, punishable by the laws of the State of Georgia with imprisonment in the penitentiary, or, if so convicted, that I was pardoned onor my sentence was completed on; and (8) That the information contained on the enclosed registration card is true. I declare that the above is a true statement to the best of my knowledge and belief, and I understand that if I make any material false statement in the above statement I shall be guilty of a misdemeanor and may be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 12 months. of not more than $1,000.00 or by imprisonment for not more than 12 months. Date, 19. (3) A properly executed registration card submitted under the provisions of subparagraph (b)(2)(A) of this Code section, if submitted within 90 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application

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for an absentee ballot under Code Section 21-2-381, or a special absentee ballot under Code Section 21-2-381.1, as appropriate. Section 4 . Said title is further amended by striking in its entirety Code Section 21-2-218, relating to location of main office of board of registrars, and inserting in lieu thereof a new Code Section 21-2-218 to read as follows: 21-2-218. (a) In those counties where the registrars have a main office separate from the office of the tax collector or tax commissioner, the registrars shall keep the completed registration cards and their other papers in such office which shall be in the courthouse or other public building. If no such office exists, the registrars shall keep the completed registration cards and their other papers in the office of the tax collector or the tax commissioner; and such office shall be deemed the main office of the board of registrars. (b) For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The board of registrars, in addition to the main office, shall designate other fixed places throughout the county as would be reasonably necessary to receive applications for registration and for the registration of electors. In any county having a population of more than 100,000 according to the United States decennial census of 1960 or any such future census, the chief registrar in each even-numbered year shall designate and staff, on a full or part-time basis, additional voter registration places within the county at least six months prior to the voter registration deadline for the November election in that year. These additional offices for registration will have fixed hours of operation. Voter registration cards shall not be removed from the additional registration places except to be taken to the main office. The same degree of supervision and security provided for the main office to prevent registration irregularities will be provided to these additional offices. Blank registration cards shall be kept in the places designated for registration and completed registration cards shall be kept in the main office of the registrars. (c) Blank registration cards shall be numbered and shall be issued only to deputy registrars who shall give the chief registrar a

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receipt therefor. The chief registrar shall maintain such receipts as he does other voter registration records. Registration shall be conducted only at the main office of the board of registrars and at such additional places as have been designated by the board of registrars pursuant to this article. (d) Additional registration places and the hours of operation shall be advertised in a newspaper of general circulation in the county one or more times at least seven days prior to the first day for registration. (e) The main office of the board of registrars in each county shall remain open for business during regular office hours on each business day, except Saturday. The main office, or such other offices, shall be open at such designated times other than the normal business hours as shall reasonably be necessary to facilitate registration and at such other hours as will suit the convenience of the public. (f) All voter registration places shall be places open to the general public and frequented by the general public. Such places for temporary or permanent voter registration may include, but shall not be limited to, any of the following: churches, governmentally funded and managed public housing facilities, public social agencies, public child care centers, public recreation centers, public buildings, and shopping centers, multifamily apartment complexes, child care centers and educational facilities, provided that such places are in fact open to and frequented by the general public. Section 5 . Said title is further amended by striking in its entirety Code Section 21-2-221, relating to application to registration officer for voter registration, and inserting in lieu thereof a new Code Section 21-2-221 to read as follows: 21-2-221. 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. When any person who seeks to register as an elector is asked to provide proper identification by a registrar or a deputy registrar, as required by law, it shall be sufficient for the applicant to exhibit his valid driver's license, birth certificate, credit card, food stamp card, social security card, check-cashing card, passport, school record, work identification record, utility bill, school identification, or Medicaid, medicare, or

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welfare identification. 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 6 . Said title is further amended by striking in its entirety Code Section 21-2-261.1, relating to requirements for voting precincts, and inserting in lieu thereof a new Code Section 21-2-261.1 to read as follows: 21-2-261.1. (a) All voting precincts established or altered on or after July 1, 1983, shall consist of areas which are bounded on all sides only by: (1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps; or (2) The boundaries of counties and incorporated municipalities. (b) No later than January 1, 1984, unless a waiver extending such deadline to January 1, 1986, is granted by the Secretary of State, the superintendent shall move the boundaries of all precincts so that they conform to the requirements of subsection (a) of this Code section and continue to promote the convenience of electors and the public interests. The superintendent shall within 30 days prior to the establishment of any new boundaries required to conform with subsection (a) of this Code section publish a notice of such changes once a week for two weeks in the county organ and post a conspicuous notice of such changes in at least five public and conspicuous places in each affected precinct. At least one such notice shall be posted at or in the immediate vicinity of the polling place in each affected precinct. Each notice shall state the date upon which adoption of such changes is proposed to be made and shall direct interested persons to address their comments or questions to the superintendent. (c) The superintendent shall notify the board of registrars within ten days after such changes are adopted.

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(d) Not later than February 1, 1984, unless a waiver extending such deadline to February 1, 1986, has been granted by the Secretary of State, each superintendent shall file with the Secretary of State a current copy of a map of all precincts in the county. Thereafter the superintendent shall file with the Secretary of State: (1) A map reflecting any changes in precincts within 20 days after the changes are made; (2) A copy of any communications to or from the United States Department of Justice relating to any precincts within 20 days after such communication is sent or received; (3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed; (4) A copy of any court order affecting any precincts within 20 days after it is entered; and (5) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state. (e) The Secretary of State shall be authorized to waive and postpone the effective dates of compliance as provided in subsections (b) and (d) of this Code section with respect to any superintendent if compliance by such dates would cause an undue hardship. Section 7 . Said title is further amended by striking in its entirety subsection (d) of Code Section 21-2-284, relating to the form of official primary ballots, which subsection reads as follows: (d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words `Yes' and `No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check ([UNK]) mark.,

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and inserting in lieu thereof a new subsection (d) to read as follows: (d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall by the deadline for certifying candidates for the primary election certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words `Yes' and `No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check ([UNK]) mark. Section 8 . Said title is further amended by striking in its entirety Code Section 21-2-380, relating to the definition of the term absentee elector, and inserting in lieu thereof a new Code Section 21-2-380 to read as follows: 21-2-380. As used in this article, the term `absentee elector' means an elector of this state who is required to be absent from his precinct during the time of the primary or election he desires to vote in, or who will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he desires to vote in, or who, because of physical disability, will be unable to be present at the polls on the day of such primary or election, or who, because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election, or who is a fireman required to remain on duty in his or her place of employment during the entire time the polls are open when such place of employment is within the precinct in which the voter resides. Section 9 . Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2-286, relating to uniformity of ballots within precincts, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as `brevier' or `eight point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent

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the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 50 or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: `Tear off before depositing ballot in ballot box.' Section 10 . Said title is further amended by striking in its entirety Code Section 21-2-291, which reads as follows: 21-2-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, no name shall appear on the special election ballot unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candidates, no eligible write-in candidates, and no issues to be submitted to the electorate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Code Section 21-2-493., and inserting in lieu thereof a new Code Section 21-2-291 to read as follows: 21-2-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special election, no special election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself. Where

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feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Code Section 21-2-493. Section 11 . Said title is further amended by striking Code Section 21-2-381, relating to applications for absentee ballots, in its entirety and inserting in lieu thereof a new Code Section 21-2-381 to read as follows: 21-2-381. (a) (1) Not more than 90 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence, for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law, of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the permanent or temporary out-of-county address of the elector. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery, to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States or a spouse or dependent of a member of the armed forces or the

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merchant marine residing with or accompanying said member, an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. (2) A properly executed registration card submitted under the provisions of subparagraph (b)(2)(A) of Code Section 21-2-217, if submitted within 90 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. (b) Upon receipt of a timely application, a registrar shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the registrar shall certify by signing in the proper place on the application and shall either mail the ballot as provided in this Code section or deliver the ballot to the elector within the confines of the registrar's office or deliver the ballot in person to the elector if he is confined to a hospital. If found ineligible, the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of his ineligibility, a copy of which notification should be retained on file in the office of the board of registrars for at least one year. If the registrar is unable to determine the identity of the elector from information given on the application, he should promptly write to request additional information. In the case of an unregistered applicant who is eligible for absentee registration, the board shall immediately mail a blank registration card as provided by Code Section 21-2-230, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the registrar shall also mail a ballot to the applicant, as soon as it is prepared and available; and the

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ballot shall be cast therein if returned to the board not later than the close of the polls on the day of the primary or election concerned. (c) In those counties in which the board of registrars provides application forms for absentee ballots, the board shall provide such quantity of the application form to the dean of each college or university located in that county as said dean determines necessary for the students of his college or university. (d) (1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absentee ballot in any election for presidential electors and United States senator or representative in Congress: (A) If he was last domiciled in Georgia immediately before his departure from the United States; and (B) If he could have met all qualifications, except any qualification relating to minimum voting age, to vote in federal elections even though, while residing outside the United States, he does not have a place of abode or other address in Georgia. (2) An individual is entitled to make application for an absentee ballot under paragraph (1) of this subsection even if his intent to return to Georgia may be uncertain, as long as: (A) He has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U.S.C. 1973dd concerning absentee registration for and voting by absentee ballots; (B) He does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and (C) He has a valid passport or card of identity and registration issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. 1973dd and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration.

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Section 12 . Said title is further amended by adding between Code Sections 21-2-381 and 21-2-382 a new Code section, to be designated Code Section 21-2-381.1, to read as follows: 21-2-381.1. (a) Notwithstanding any other provisions of this chapter, a qualified absentee elector, as defined in Code Section 21-2-380, may apply not earlier than 90 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress. (b) The application for a special write-in absentee ballot may be made on the federal post card application form or on a form prescribed by the Secretary of State. (c) In order to qualify for a special write-in absentee ballot, the voter must state that he or she is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal post card application or on a form prepared by the Secretary of State and supplied and returned with the special write-in absentee ballot. (d) Upon receipt of said application, the superintendent shall issue the special write-in absentee ballot which shall be prescribed and provided by the Secretary of State. Such ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office. Section 13 . Said title is further amended by striking in its entirety Code Section 21-2-504, relating to special primaries or elections under certain situations, and inserting in lieu thereof a new Code Section 21-2-504 to read as follows: 21-2-504. Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, or whenever any person elected to public office shall fail to take that office validly, the authority with whom the candidates for such nomination or office file notice of candidacy shall call a special primary or election to fill such position. If a special primary will not be held and unless otherwise provided by law, the call of a special election shall be made within 45 days after the occurrence of the vacancy.

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Section 14 . Said title is further amended by striking in its entirety Code Section 21-2-540, relating to manner of conduct of special elections generally, and inserting in lieu thereof a new Code Section 21-2-540 to read as follows: 21-2-540. Every special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to general elections; and the provisions of this chapteer relating to general elections shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his name placed in a column under the name of his party. Section 15 . Said title is further amended by adding at the end of Article 14 of Chapter 2 a new Code section, to be designated Code Section 21-2-545, to read as follows: 21-2-545. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special primary, no special primary shall be held in such precinct. The proper officials of the unopposed candidate's political party shall certify him as the party nominee for the office involved for the purpose of having his name placed upon the special election ballots or ballot labels. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special primary election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify any such unopposed candidate as nominated in the same manner as he certifies other candidates nominated pursuant to Code Section 21-2-493. Section 16 . Said title is further amended by striking in its entirety subsection (e) of Code Section 21-3-125, relating to qualifications of voters in municipal elections, and inserting in lieu thereof a new subsection (e) to read as follows:

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(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. When any person who seeks to register as an elector is asked to provide proper identification by a registrar or a deputy registrar, as required by law, it shall be sufficient for the applicant to exhibit his valid driver's license, birth certificate, credit card, food stamp card, social security card, check-cashing card, passport, school record, work identification record, utility bill, school identification, or Medicaid, medicare, or welfare identification. 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 17 . Said title is further amended by striking in its entirety Code Section 21-3-161.1, relating to requirements for voting precincts in municipal elections, and inserting in lieu thereof a new Code Section 21-3-161.1 to read as follows: 21-3-161.1. (a) All voting precincts established or altered on or after July 1, 1983, shall consist of areas which are bounded on all sides only by: (1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps; or (2) The boundaries of counties and incorporated municipalities. (b) No later than January 1, 1984, unless a waiver extending such deadline to January 1, 1986, is granted by the Secretary of State, the governing authority shall move the boundaries of all precincts so that they conform to the requirements of subsection (a) of this Code section and continue to promote the convenience of electors and the public interests. The governing authority shall within 30 days prior to the establishment of any new boundaries required to conform with subsection (a) of this Code section publish a notice of such changes

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once a week for two weeks in the county organ and post a conspicuous notice of such changes in at least five public and conspicuous places in each affected precinct. At least one such notice shall be posted at or in the immediate vicinity of the polling place in each affected precinct. Each notice shall state the date upon which adoption of such changes is proposed to be made and shall direct interested persons to address their comments or questions to the superintendent. (c) The governing authority shall notify the board of registrars within ten days after such changes are adopted. (d) Not later than February 1, 1984, unless a waiver extending such deadline to February 1, 1986, has been granted by the Secretary of State, each governing authority shall file with the Secretary of State a current copy of a map of all precincts in the municipality. Thereafter the governing authority shall file with the Secretary of State: (1) A map reflecting any changes in precincts within 20 days after the changes are made; (2) A copy of any communications to or from the United States Department of Justice relating to any precincts within 20 days after such communication is sent or received; (3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed; (4) A copy of any court order affecting any precincts within 20 days after it is entered; and (5) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state. (e) The Secretary of State shall be authorized to waive and postpone the effective dates of compliance as provided in subsections (b) and (d) of this Code section with respect to any governing authority if compliance by such dates would cause an undue hardship. Section 18 . Said title is further amended by striking in its entirety subsection (g) of Code Section 21-3-187, relating to form of official election ballot in municipal elections, which read as follows:

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(g) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the general election or special election ballot unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate within a precinct, no election shall be conducted in that precinct., and inserging in lieu thereof a new subsection (g) to read as follows: (g) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a general or special election, no election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate within a precinct. Section 19 . Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3-188, relating to uniformity of ballots within precincts in municipal elections, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as `brevier' or `eight point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 50 or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal, perforated line so as to constitute a number strip, and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot

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shall also have the following words printed thereon: `Tear off before depositing ballot in ballot box.' Section 20 . Said title is further amended by striking in its entirety Code Section 21-3-280, relating to the definition of the term absentee elector in municipal elections, and inserting in lieu thereof a new Code Section 21-3-280 to read as follows: 21-3-280. The term `absentee elector,' as used in this article, means an elector of the municipality who is required to be absent from said municipality during the time of the primary or election in which he desires to vote, or who will perform any of the official acts or duties set forth in this chapter in connection with the primary or election in which he desires to vote, or who, because of physical disability, will be unable to be present at the polls on the day of such primary or election, or who, because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election, or who is a fireman required to remain on duty in his or her place of employment during the entire time the polls are open when such place of employment is within the precinct in which the voter resides. Section 21 . Said title is further amended by striking in its entirety Code Section 21-3-408, relating to special primaries or elections under certain situations in municipalities, and inserting in lieu thereof a new Code Section 21-3-408 to read as follows: 21-3-408. (a) Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, or whenever any person elected to public office shall fail validly to take that office, the authority with whom the candidates for such nomination or office file notice of candidacy shall thereupon call a special primary or election to fill such position. (b) Whenever any person elected to public office shall, after taking office, die, withdraw, or for any other reason create a vacancy in his office and the municipal charter fails to provide a method for the filling of such vacancy, the governing authority shall thereupon call a special election to fill such vacancy.

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Section 22 . Said title is further amended by adding at the end of Article 12 of Chapter 3 a new Code section, to be designated Code Section 21-3-410, to read as follows: 21-3-410. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general primary, no special or general primary shall be held in such precinct. The proper officials of the unopposed candidate's political party shall certify him as the party nominee for the office involved for the purpose of having his name placed upon the special or general election ballots or ballot labels. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general primary election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify any such unopposed candidate as nominated in the same manner as he certifies other candidates nominated pursuant to Code Section 21-3-403. Section 23 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 24 . All laws and parts of laws in conflict with this Act are repealed. Approved February 1, 1984. OFFICIAL CODE OF GEORGIA ANNOTATED AMENDED. No. 580 (House Bill No. 1156). 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

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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 provide for and to correct citations in the Official Code of Georgia Annocated and other codes and laws of the state; to provide an effective date; to provide for other matters relating to the Official Code of Georgia Annotated; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended as follows: (1) By deleting the comma following the word function in Code Section 1-2-7, relating to rights of female citizens generally. (2) By striking the word Fourth and inserting in lieu thereof the word fourth in paragraph (11) of subsection (a) of Code Section 1-4-1, relating to public and legal holidays. Section 2 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) By deleting the comma following each violation and by striking order resides, or if and inserting in lieu thereof order resides, or, if in subsection (d) of Code Section 2-1-4, relating to antisyphon devices for irrigation systems. Section 3 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows: (1) By deleting the comma following in the manner in the second paragraph of paragraph (1) of Code Section 3-2-3, relating to denial, suspension, or cancellation of licenses by the state revenue commissioner. (2) By deleting the commas appearing before and after according to the United States decennial census of 1970 or any future such census in subsections (b), (c), (g), and (h) and by deleting the comma following according to the United States decennial census of 1980 or any future such census in subsections (d) and (i) of Code Section 3-3-7,

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relating to local authorization of alcoholic beverage sales on Sunday. (3) By striking wholesaler prices and inserting in lieu thereof wholesale prices in paragrah (4) of subsection (b) of Code Section 3-4-90, relating to authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink. (4) By deleting unless the context clearly requires otherwise, from Code Section 3-5-29, relating to definition of agreement in brewer-wholesaler relations. (5) By deleting the commas appearing before and after according to the United States decennial census of 1980 or any future such census in subsection (b) of Code Section 3-7-43, relating to the issuance of alcoholic beverages licensed to private clubs. Section 4 . Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended as follows: (1) By striking the `Georgia Meat Inspection Act' (Article 3 of Chapter 2 of Title 26), and inserting in lieu thereof Article 3 of Chapter 2 of Title 26, the `Georgia Meat Inspection Act,' in Code Section 4-1-3, relating to the duties of the state veterinarian. (2) By striking the hyphen following national in Code Section 4-6-21, relating to the maintenance of custodial accounts by livestock sellers. (3) By striking 130 and inserting in lieu thereof One hundred thirty in subparagraph (a)(1)(B) of Code Section 4-6-43, relating to surety bonds for livestock auctions. (4) By striking paragraph (a) and inserting in lieu thereof subsection (a) in subsection (b) and by striking paragraphs (b) and (c) and inserting in lieu thereof subsections (b) and (c) in subsection (d) of Code Section 4-10-9, relating to enforcement procedures relative to bird dealers. Section 5 . Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended as follows:

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(1) By deleting the parentheses around the words Plaintiff and Civil Action and by adding a period at the end of paragraph (6) of subsection (b) and by deleting the parentheses around the words The State, Indictment, and Accusation in subsection (d) of Code Section 5-5-42, relating to the form for motion for new trial. (2) By inserting State before Board in paragraph (1) of subsection (a) of Code Section 5-6-35, relating to cases in which an application for appeal is required. (3) By striking This Court and inserting in lieu thereof This court in paragraph (1) and by striking Notice of Appeal and inserting in lieu thereof Notice of appeal in paragraph (3) of Code Section 5-6-51, relating to forms for use in appellate practice. (4) By striking the period and inserting in lieu thereof a semicolon at the end of paragraphs (1) and (2) and by striking the period and inserting in lieu thereof; or at the end of paragraph (3) of Code Section 5-7-1, relating to orders appealable by the state in criminal cases. Section 6 . Reserved. Section 7 . Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows: (1) By striking justices and inserting in lieu thereof Justices in subsection (a) of Code Section 7-1-36, relating to oath and bond of commissioner of banking and finance. (2) By striking , as the same exists or may hereafter be amended in Code Section 7-1-235, relating to the applicability of certain laws to bank holding companies. (3) By striking statutes and inserting in lieu thereof status in paragraph (2) of Code Section 7-1-281, relating to participation by banks in federal deposit insurance programs. (4) By striking subparagraph (2)(F) and inserting in lieu thereof subparagraph (F) of paragraph (2) and by striking subparagraphs (2)(D) through (G) and inserting in lieu thereof subparagraphs (D) through (G) of paragraph (2) in the undersignated language following subparagraph (G) of paragraph (2) of subsection

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(c) of Code Section 7-1-288, relating to bank transactions in corporate stocks and securities. (5) By striking who are and inserting in lieu thereof who is in paragraph (2) of subsection (a) and by striking Code section 11-3-603 and inserting in lieu thereof Code Section 11-3-603 in subsection (c) of Code Section 7-1-353, relating to adverse claims to deposits and property held in safe deposit. (6) By striking the semicolon at the end of paragraph (1) of subsection (a), by striking; and at the end of paragraph (2) of subsection (a), by striking the semicolon at the end of paragraph (1) of subsection (b), and by striking ; and at the end of paragraph (2) of subsection (b) and inserting in lieu thereof a period at the end of each such paragraph in Code Section 7-1-680, relating to definitions relative to sale of checks or money orders. (7) By striking paragraph (1) of subsection (a) of this Code section and inserting in lieu thereof paragraph (1) of this subsection in paragraph (3) of subsection (a) and by striking semiannual or yearly and inserting in lieu thereof semiannual, or yearly in paragraph (1) of subsection (b) of Code Section 7-4-2, relating to the legal rate of interest and maximum rate of interest. (8) By striking billhead or and inserting in lieu thereof billhead, or and by inserting a comma following 1602 in subsection (a) of Code Section 7-4-4, relating to advertisement of rates of interest or finance charge. (9) By striking Act and inserting in lieu thereof Code section in the second paragraph of Code Section 7-4-21, relating to class action barred on claims for violation of interest laws on loans secured by real estate. Section 8 . Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended as follows: (1) By striking established by commissioner and inserting in lieu thereof established by the commissioner in paragraph (2) of subsection (a) of Code Section 8-2-112, relating to inspections and approval of industrialized buildings.

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(2) By adding the word an preceding $8.00 in subsection (f) of Code Section 8-2-135, relating to licenses for manufacturers who build, sell, or offer for sale manufactured homes in the state. (3) By striking for the purposes of sale and inserting in lieu thereof for the purpose of sale in Code Section 8-2-140, relating to power of authorized representative of Commissioner to stop and inspect manufactured homes in transit. (4) By inserting and at the end of paragraph (11) of subsection (a) of Code Section 8-3-171, relating to legislative findings and declaration of necessity relative to the Georgia Residential Finance Authority. (5) By striking for the purpose of and inserting in lieu thereof for the purchase of in subparagraph (A) of paragraph (6) and by inserting a comma following assessments in subparagraph (E) of paragraph (6) and by striking low- and inserting in lieu thereof low-income in paragraph (9) of Code Section 8-3-172, relating to definitions relative to the Georgia Residential Finance Authority. (6) By striking its and inserting in lieu thereof it in paragraph (17), by striking the periods and inserting in lieu thereof semicolons at the end of paragraphs (25) and (27), and by striking Code Section 8-3-176 and inserting in lieu thereof this Code section at the end of paragraph (30) of subsection (a) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority. (7) By striking second lien on the case and inserting in lieu thereof second lien in the case in paragraph (5) of subsection (f) of Code Section 8-3-179, relating to the purchase of mortgages by the Georgia Residential Finance Authority. (8) By striking Georgia Financial Institution and inserting in lieu thereof Georgia financial institution in paragraph (4) of Code Section 8-3-190.1, relating to definitions relative to the secondary mortgage market program. (9) By striking socio-economic and inserting in lieu thereof socioeconomic in Code Section 8-3-198, relating to property and income of the Georgia Residential Finance Authority exempt from taxation and assessment.

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Section 9 . Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows: (1) By striking justices and inserting in lieu thereof Justices in Code Section 9-10-1, relating to giving the state preference in hearings of civil cases. (2) By striking injured and damages and inserting in lieu thereof injured and damaged in the second paragraph of the form contained in Code Section 9-10-204, relating to the form of an action for words. (3) By striking the period and inserting in lieu thereof a semicolon at the end of paragraph (3) of subsection (d) of Code Section 9-11-4, relating to process in civil cases. (4) By striking severence and inserting in lieu thereof severance in subsection (a) of Code Section 9-11-14, relating to thirdparty practice. (5) By striking the period and inserting in lieu thereof a semicolon at the end of paragraphs (1) and (2) of subsection (b), by striking the period and inserting in lieu thereof ; and at the end of paragraph (3) of subsection (b), by striking subsection (b) of this Code section and inserting in lieu thereof of this subsection in paragraph (4) of subsection (b), by striking the period and inserting in lieu thereof a semicolon at the end of division (b)(4)(A)(ii), and by striking the period and inserting in lieu thereof ; and at the end of subparagraph (b)(4)(B) of Code Section 9-11-26, relating to discovery provisions. (6) By striking paragraph 3 and inserting in lieu thereof paragraph (3) in subsection (b) of Code Section 9-11-32, relating to the use of depositions in court proceedings. (7) By striking the period and inserting in lieu thereof a semicolon at the end of paragraphs (1) and (2) of subsection (a), by striking the period and inserting in lieu thereof ; and at the end of paragraph (3) of subsection (a), and by striking subparagraphs (b)(2)(A) through (C) of this (b)(2) Code section and inserting in lieu thereof subparagraphs (b)(2)(A) through (b)(2)(C) of this Code section in paragraph (1) of subsection (d) of Code Section 9-11-37, relating to failure to make discovery and remedies therefor.

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(8) By inserting a comma after provided in subsection (h) of Code Section 9-11-60, relating to relief from judgments. (9) By striking from the form contained in Code Section 9-11-111, relating to the form of complaint in an action for conversion, the following: C.D. and E.F., Defendants, and inserting in lieu thereof the following: C.D., Defendant. (10) By striking plaintiff demand and inserting in lieu thereof plaintiff demands in the second paragraph of Item 6. of the form contained in Code Section 9-11-118, relating to the form of complaint for interpleader and declaratory relief. (11) By striking intervener and intervener's and inserting in lieu thereof intervenor and intervenor's wherever they appear in the form contained in Code Section 9-11-123, relating to the form of motion for intervention as a defendant. (12) By deleting arrested or in Code Section 9-12-15, relating to judgments aided by verdict or amendment. (13) By striking to levy return and inserting in lieu thereof to levy and return in paragraph (2) of subsection (a), by striking subsection (a) of this Code section and inserting in lieu thereof this subsection in paragraph (3) of subsection (a), and by inserting of this Code section following paragraph (2) or (3) of subsection (a) in subsection (b) of Code Section 9-12-60, relating to the time of dormancy of judgments. (14) By striking defendent and inserting in lieu thereof defendant in Code Section 9-12-67, relating to the revival of a judgment against a nonresident. (15) By striking conviction and sentence has and inserting in lieu thereof conviction and sentence have in subsection (b) of Code Section 9-14-42, relating to grounds for a writ of habeas corpus.

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(16) By striking if the cost and inserting in lieu thereof if the costs in subsection (b) of Code Section 9-15-2, relating to affidavits of indigence. Section 10 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking businesses and inserting in lieu thereof business in Code Section 10-1-310, relating to scalping tickets for certain athletic contests. (2) By deleting of the Official Code of Georgia Annotated from paragraph (1.1) of subsection (a) and by striking electronic date storage and inserting in lieu thereof electronic data storage in paragraph (4) of subsection (a) of Code Section 10-1-392, relating to definitions relative to the Fair Business Practices Act of 1975. (3) By adding a comma after the word that in subparagraph (b)(12)(G) and by striking bold-faced and inserting in lieu thereof boldface in subparagraph (b)(13)(B) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions. (4) By striking subsection (c) above and inserting in lieu thereof subsection (c) of this Code section in subsection (d) of Code Section 10-1-395, relating to appointment and duties of the administrator of the Fair Business Practices Act of 1975 and relations with other regulatory agencies. (5) By striking the period and inserting in lieu thereof a semicolon at the end of paragraph (1) of Code Section 10-1-593, relating to conditions of licensure and bonds of buying services or clubs. (6) By striking bold face type and inserting in lieu thereof boldface type in the last sentence of Code Section 10-1-599, relating to notice of duration of contracts for membership in buying services or clubs. (7) By striking regulations or orders promulgated thereunder and inserting in lieu thereof regulations, or orders promulgated under this article in subsection (a) of Code Section 10-1-604, relating to the civil penalty for violation of the Buying Services Act of 1975.

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(8) By striking any part of the and inserting in lieu thereof any part of Part 1 of this article, the in subsection (b) of Code Section 10-1-631, relating to practices of motor vehicle franchisors which are violative of existing law. (9) By adding a comma after repairs in the last sentence of paragraph (2) of subsection (a) and by deleting or preceding unsubstantiated in subsection (c) of Code Section 10-1-641, relating to dealer's predelivery preparation, warranty service, and recall work obligations under the Motor Vehicle Warranty Practices Act. (10) By striking under this section and inserting in lieu thereof under this Code section in subsection (h) of Code Section 10-1-651, relating to termination, cancellation, and nonrenewal of motor vehicle franchises. (11) By striking dealer; and inserting in lieu thereof dealer, in paragraph (1) of subsection (a) and by striking as provided in the and inserting in lieu thereof as provided in Part 3 of this article, the in paragraph (6) of subsection (a) of Code Section 10-1-661, relating to prohibited activities of franchisors under the Motor Vehicle Fair Practices Act. (12) By striking site-control and inserting in lieu thereof site control in paragraph (4) of subsection (b) of Code Section 10-1-663, relating to coercing motor vehicle dealers. (13) By striking agree and inserting in lieu thereof agrees in the first sentence of subsection (b) of Code Section 10-4-10, relating to the annual license required for operation of a state licensed and bonded warehouse. (14) By striking designed agent and inserting in lieu thereof designated agent in the fourth sentence of the second undesignated paragraph of the ninth paragraph of the form contained in Code Section 10-4-213, relating to enforcement of liens without judicial intervention and forms for rental agreements for rental of self-service storage facilities. (15) By striking majority-owned and inserting in lieu thereof majority owned the four times it appears in paragraph (14) of Code Section 10-5-9, relating to transactions which are exempt from provisions of the Georgia Securities Act of 1973.

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(16) By adding a comma between the words arbitration and or in paragraph (1) of Code Section 10-9-4, relating to powers of the Geo. L. Smith II Georgia World Congress Center Authority. (17) By striking the word State and inserting in lieu thereof state in subsection (b) of Code Section 10-9-8, relating to meetings of the Board of Governors of the Geo. L. Smith II Georgia World Congress Center Authority. Section 11 . Reserved. Section 12 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: (1) By striking subsection (c) of Code Section 12-2-4, relating to powers and duties of the Department of Natural Resources generally, which reads as follows: (c) The department shall have charge of the work of mines, mining, and geology., in its entirety. (2) By striking Commissioner of Natural Resources and inserting in lieu thereof commissioner of natural resources in subsection (c) of Code Section 12-2-24, relating to the powers and duties of the Board of Natural Resources. (3) By redesignating paragraph (22) of Code Section 12-3-235, relating to general powers of the Jekyll IslandState Park Authority, as enacted by an Act approved March 29, 1983 (Ga. L. 1983, p. 1213), as paragraph (22.1), to read as follows: (22.1) 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;. (4) By striking protest and inserting in lieu thereof protect in the first sentence of subsection (k) of Code Section 12-3-298, relating to issuance of revenue bonds by the North Georgia Mountains Authority for the purpose of paying for the cost of projects.

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(5) By striking any holder or revenue bonds and inserting in lieu thereof any holder of revenue bonds in the first sentence of Code Section 12-3-375, relating to remedies of bondholders, coupon holders, and trustees of the Kinchafoonee Lake Authority. (6) By deleting said both times such word appears in Code Section 12-3-447, relating to property of the Sapelo Island Heritage Authority not being subject to adverse possession or prescription. (7) By deleting , as now existing or as hereafter amended, from Code Section 12-3-450, relating to the Attorney General providing legal services to the Sapelo Island Heritage Authority. (8) By striking Code Section 12-4-1, relating to powers and duties of the Department of Natural Resources as to mineral resources, geological resources, and mining, in its entirety and inserting in lieu thereof a new Code Section 12-4-1 to read as follows: 12-4-1. (a) The Environmental Protection Division of the Department of Natural Resources shall: (1) Conduct studies in the field for the purposes expressed in this subsection; (2) Map and prepare reports of the geological and mineral resources of the state; (3) Prepare, or cooperate in preparing, topography maps for use as base maps in the geological field study and in mining development, and for use in planning power developments, agriculture and reclamation work, and highways; (4) Make hydrographic surveys which are deemed by the division to be advantageous to the mining and milling of mineral deposits, to the utilization of waterpower, or to reclamation, or which are deemed to constitute proper cooperative investigations with other departments of the state or federal governments in aid of laboratory research relating to mining and to metallurgical problems of the state's mining and mineral industry; and (5) Publish bulletins embodying reports provided by the division.

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(b) It shall be the duty of the division to conduct cooperative work relating to mines, mining, and geology with the departments and bureaus of the United States government, provided that the federal expenditure for such work shall at least equal that of the state. (c) The director of the Environmental Protection Division of the Department of Natural Resources may appoint technical assistants who shall be in the classified service under the State Merit System of Personnel Administration. (d) The functions, duties, and powers of the former Department of Mines, Mining, and Geology are transferred to and vested in the Environmental Protection Division of the Department of Natural Resources. (e) The Environmental Protection Division of the Department of Natural Resources shall have charge of the work of mines, mining, and geology. (9) By striking criteria has and inserting in lieu thereof criteria have in subsection (i), by striking to adequately protect and inserting in lieu thereof to protect adequately in subsection (1), and by striking the period and inserting in lieu thereof a semicolon at the end of paragraph (2) of subsection (1) in Code Section 12-5-31, relating to permits for withdrawal, diversion, etc., of surface waters of the state. (10) By striking county and inserting in lieu thereof county in paragraph (8) of Code Section 12-5-92, relating to definitions relative to the Ground Water Use Act of 1972. (11) By striking subsection (a) of Code Section 12-5-376.1, relating to subclassification of category I dams by the director of the Environmental Protection Division of the Department of Natural Resources, and inserting in lieu thereof a new subsection (a) to read as follows: (a) For the purposes of this Code section: (1) `Acre-feet' means the measurement of the impounding capacity of a dam as described in paragraph (4) of Code Section 12-5-372.

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(2) `Height' means the height of a dam determined in the manner described in paragraph (4) of Code Section 12-5-372. (3) `PMP' means probable maximum precipitation as determined by the United States Weather Service to be the greatest amount of rainfall of a six-hour duration which would be expected for a given location. (12) By striking paragraph (2) of subsection (a) of Code Section 12-5-453, relating to minimum requirements of local regulation of land in drainage basins, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Soil erosion and sediment control regulations consistent with Chapter 7 of Title 12, the `Erosion and Sedimentation Act of 1975'. Requirements of the plan, other than those requirements consistent with Chapter 7 of Title 12, shall not apply in the drainage basin of any tributary outside the stream corridor. (13) By striking water course and inserting in lieu thereof watercourse wherever the same appears in Code Section 12-5-454, relating to removal of sand from watercourses. Section 13 . Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended as follows: (1) By deleting in making the contract from Code Section 13-6-11, relating to recovery of expenses of litigation generally. (2) By striking distributor or division and inserting in lieu thereof distributor branch or division in paragraph (1) of subsection (c), by striking Code Section and inserting in lieu thereof Code section in subparagraph (c)(3)(A), by striking the semicolon and inserting a period at the end of said subparagraph, and by striking subparagraph and inserting in lieu thereof paragraph in subparagraph (c)(3)(B) of Code Section 13-8-15, relating to unfair methods of competition and unfair or deceptive acts or practices by manufacturers of tractors and farm equipment. (3) By striking subparagraph (B) of paragraph (3) of subsection (c) and inserting in lieu thereof subparagraph (c)(3)(B) in Code Section 13-8-19, relating to failure to renew franchise.

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(4) By striking subparagraph (A) of paragraph (3) of subsection (c) and inserting in lieu thereof subparagraph (c)(3)(A) in subsection (a) of Code Section 13-8-20, relating to damages recoverable for injuries sustained by violations of article. (5) By striking the semicolon and inserting in lieu thereof a period at the end of subparagraph (c)(3)(A) and by striking subparagraph and inserting in lieu thereof paragraph in subparagraph (c)(3)(B) of Code Section 13-8-35, relating to unfair methods of competition and unfair or deceptive acts or practices. (6) By striking subparagraph (B) of paragraph (3) of subsection (c) and inserting in lieu thereof subparagraph (c)(3)(B) in Code Section 13-8-39, relating to failure to renew, termination of or restriction on transfer of franchise without due cause. (7) By striking subparagraph (A) of paragraph (3) of subsection (c) and inserting in lieu thereof subparagraph (c)(3)(A) in subsection (a) of Code Section 13-8-40, relating to damages recoverable for injuries sustained by violations of article. (8) By adding a comma following but not limited to in Code Section 13-8-44, relating to indemnification by manufacturer, distributor, etc., of dealer for losses. Section 14 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended as follows: (1) By adding a comma between the words but and if and by striking fifty-one and inserting in lieu thereof 51 in the first sentence of subsection (a) of Code Section 14-2-141, relating to the number, terms, and selection of corporate directors. (2) By striking for the restatement, and inserting in lieu thereof for the restatement in subparagraph (d)(6)(A) of Code Section 14-2-196, relating to restated articles of incorporation. (3) By adding a right parenthesis at the end of the form in subsection (f) of Code Section 14-2-283, relating to involuntary dissolution of business corporations by the Secretary of State.

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(4) By striking first class and inserting in lieu thereof firstclass in the last sentence of subsection (a) of Code Section 14-2-351, relating to the period for filing annual registrations of business corporations. (5) By striking first class and inserting in lieu thereof firstclass in the last sentence of subsection (a) of Code Section 14-3-271, relating to the period for filing annual registrations of nonprofit corporations. (6) By striking Code Section 46-5-147 and inserting in lieu thereof Code Section 46-5-149 in Code Section 14-4-2, relating to existing venue statutes being unaffected by Chapter 4 of Title 14. (7) By deleting or at the end of division (9)(B)(iii), by striking the period and inserting in lieu thereof ; or at the end of division (9)(B)(iv), and by striking division (A)(ii) of paragraph (8) of this Code section and inserting in lieu thereof division (ii) of subparagraph (A) of this paragraph in subparagraph (C) of paragraph (9) of Code Section 14-6-1, relating to definitions relative to corporate takeovers. Section 15 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) By striking justice and inserting in lieu thereof Justice wherever such word appears in Code Section 15-1-8, relating to the disqualification of judges. (2) By deleting the comma immediately following expenses in subsection (i) of Code Section 15-1-9.1, relating to requests for assistance from other courts. (3) By striking judicial council and inserting in lieu thereof Judicial Council in subsection (a) of Code Section 15-5-20, relating to the powers and duties of the Judicial Council. (4) By striking letter-size and inserting in lieu thereof letter-sized wherever such word appears in Code Section 15-5-40, relating to acceptance of letter-sized documents by courts. (5) By deleting the subsection (a) designation in Code Section 15-6-1, relating to the composition of judicial circuits, by adding a new paragraph (2.1) to said Code section to read as follows:

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(2.1) Appalachian Judicial Circuit, composed of the Counties of Fannin, Gilmer, and Pickens;, by adding a new paragraph (15.1) to said Code section to read as follows: (15.1) Douglas Judicial Circuit, composed of the County of Douglas;, by adding a new paragraph (32.1) to said Code section to read as follows: (32.1) Rockdale Judicial Circuit, composed of the County of Rockdale;, by striking paragraph (37) of said Code section and inserting in lieu thereof a new paragraph (37) to read as follows: (37) Stone Mountain Judicial Circuit, composed of the County of DeKalb. The judges of the Stone Mountain Judicial Circuit, when the business of the circuit does not require their attention, may aid in the disposition of the business of the Atlanta Judicial Circuit;, by striking paragraph (38) of said Code section and inserting in lieu thereof a new paragraph (38) to read as follows: (38) Tallapoosa Judicial Circuit, composed of the Counties of Haralson, Polk, and Paulding;, by striking the semicolon and inserting in lieu thereof a period following paragraph (42), and by deleting paragraph (43), subsection (b), and subsection (c) in their entirety from said Code section. (6) By deleting the subsection (a) designation from Code Section 15-6-2, relating to the number of judges for superior courts, by adding a new paragraph (2.1) to said Code section to read as follows: (2.1) Appalachian Circuit..... 1, by adding a new paragraph (15.1) to said Code section to read as follows:

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(15.1) Douglas Circuit..... 2, by adding a new paragraph (32.1) to said Code section to read as follows: (32.1) Rockdale Circuit..... 1, by striking paragraph (38) of said Code section and inserting in lieu thereof a new paragraph (38) to read as follows: (38) Tallapoosa Circuit..... 2, and by deleting paragraph (43), subsection (b), and subsection (c) in their entirety from said Code section. (7) By deleting the subsection (a) designation from Code Section 15-6-3, relating to terms of court for superior courts, by adding a new paragraph (2.1) to said Code section to read as follows: (2.1) 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., by striking subparagraph (C) of paragraph (4) of said Code section and inserting in lieu thereof a new subparagraph (C) to read as follows: (C) Liberty CountyThird Monday in February and September., by adding a new paragraph (15.1) to said Code section to read as follows: (15.1) Douglas Circuit :

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Douglas CountyThird Monday in January, April, July, and October., by adding a new paragraph (32.1) to said Code section to read as follows: (32.1) Rockdale Circuit : Rockdale CountyFirst Monday in January, April, July, and October., by deleting the subparagraph (A) designation and subparagraph (B) in its entirety in paragraph (37) of said Code section, and by deleting paragraph (43), subsection (b) and subsection (c) in their entirety from said Code section. (8) By deleting the commas before and after according to the United States decennial census of 1980 or any future such census in Code Section 15-6-88.1, relating to salaries for superior court clerks in counties containing federal lands. (9) By striking Section X of Article VI and inserting in lieu thereof Article VI, Section X in Code Section 15-7-1, relating to the definition of state court. (10) By striking Article VI of Section VII in paragraphs VI and VII and inserting in lieu thereof Article VI, Section VII, Paragraphs VI and VII in subsection (c) of Code Section 15-7-21, relating to qualifications and restrictions on state court judges. (11) By striking Paragraphs III and IV of Section VII of Article VI and inserting in lieu thereof Article VI, Section VII, Paragraphs III and IV in Code Section 15-7-23, relating to filling vacancies in the office of state court judges. (12) By deleting the comma immediately following court in subsection (c) and by striking Paragraphs III and IV of Section VII of Article VI and inserting in lieu thereof Article VI, Section VII, Paragraphs III and IV in subsection (e) of Code Section 15-7-24, relating to solicitors. (13) By inserting a comma following interlocutory orders in Code Section 15-7-42, relating to hearings and proceedings in open court or chambers.

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(14) By inserting a comma following such census in subsection (c) of Code Section 15-9-2, relating to eligibility and disabilities of probate judges. (15) By striking paragraph and inserting in lieu thereof subsection in subsection (b) and by striking paragraph and inserting in lieu thereof Paragraph in subparagraph (c)(2)(C) of Code Section 15-10-20, relating to the number and selection of magistrates. (16) By inserting a comma following location of the hearing in subsection (d) of Code Section 15-10-43, relating to the commencement of actions in magistrate courts. (17) By inserting a comma preceding which claim in subsection (a) of Code Section 15-10-45, relating to compulsory and permissive counterclaims. (18) By inserting a comma following county ordinances in Code Section 15-10-60, relating to the applicability of certain Code sections regarding county ordinance violations. (19) By striking To promptly pay and inserting in lieu thereof To pay promptly in paragraph (2) of Code Section 15-10-102, relating to duties and powers of constables. (20) By striking Section and inserting in lieu thereof section in subsection (b) of Code Section 15-10-137, relating to training requirements of certified magistrates. (21) By striking local act and inserting in lieu thereof local Act in the first sentence of subsection (b) of Code Section 15-11-3, relating to the creation and administration of juvenile courts. (22) By striking subsection and inserting in lieu thereof Code section in subsection (a) and by striking subsection (a) and inserting in lieu thereof subsection (b) in subsection (d) of Code Section 15-11-16, relating to the transfer of juveniles for orders of disposition. (23) By striking The juvenile and inserting in lieu thereof the juvenile both times it appears in subsection (d) of Code Section 15-11-37, relating to designated felony acts by juveniles.

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(24) By deleting (Code Section 16-8-17) from subsection (a) of Code Section 15-11-60, relating to fingerprinting and photography of children by law enforcement officers. (25) By striking herein contained and inserting in lieu thereof contained in this subsection in subsection (a) of Code Section 15-12-4, relating to ineligibility of certain jurors to serve at successive terms. (26) By inserting of this Code section following subsection (b) in subsection (a) of Code Section 15-12-23, relating to clerks of boards of jury commissioners. (27) By striking The grand juries the make and inserting in lieu thereof The grand juries shall also make in the last sentence of Code Section 15-12-78, relating to the inspection of jails by grand juries. (28) By striking to all penalties and inserting in lieu thereof to all the penalties in Code Section 15-13-7, relating to liability of magistrates and constables to be ruled. (29) By inserting enforcement power to a person not properly versed and trained in law after law in the third sentence of subsection (a) and by striking responsibilites and inserting in lieu thereof responsibilities in said subsection of Code Section 15-16-3, relating to training courses for new sheriffs. (30) By striking cost of living and inserting in lieu thereof cost-of-living in paragraph (5) of subsection (b) of Code Section 15-18-14, relating to appointment and compensation of assistant district attorneys. (31) By deleting justices of the peace, from Code Section 15-21-55, relating to dispositions of the fines and forfeitures fund. (32) By striking Probate Judge Retirement Fund and inserting in lieu thereof Judges of the Probate Courts Retirement Fund of Georgia in subsection (b) of Code Section 15-21-73, relating to added penalties in criminal cases. (33) By striking commissioner of the Department of Revenue and inserting in lieu thereof commissioner of revenue wherever

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such phrase is found in Code Section 15-21-74, relating to assessment and collection of added penalties. (34) By inserting fails to remit the sums following such moneys in Code Section 15-21-75, relating to delinquent collection and payment of added penalties to the Department of Revenue. (35) By inserting a comma following administrative expenses in Code Section 15-21-77, relating to appropriation of added penalty collections for law enforcement training. Section 16 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By deleting or at the end of paragraph (1) of subsection (a), by striking the period and inserting in lieu thereof ; and at the end of subparagraph (a)(2)(A), by adding ; or at the end of subparagraph (a)(2)(B), and by striking , or and inserting in lieu thereof ; or at the end of subparagraph (e)(1)(A) of Code Section 16-9-20, relating to issuance of bad checks and penalties therefor. (2) By deleting the paragraph (1) designation from subsection (a), by redesignating subparagraphs (A) through (D) as paragraphs (1) through (4), by redesignating paragraph (2) as subsection (b), by redesignating subparagraphs (A) through (C) of paragraph (2) as paragraphs (1) through (3) of subsection (b), and by redesignating divisions (i) through (iii) of subparagraph (C) as subparagraphs (A) through (C) of paragraph (3) in Code Section 16-10-6, relating to sales of property to the state or political subdivisions by public officers or employees. (3) By striking the period and inserting in lieu thereof a semicolon at the end of the undersignated language of paragraph (1) of subsection (b) of Code Section 16-11-64, relating to interception of wire or oral transmissions by law enforcement officers. (4) By striking Director and inserting in lieu thereof director in paragraph (8) of subsection (a) of Code Section 16-11-130, relating to exemptions from prohibitions against carrying certain firearms. (5) By striking taken as whole and inserting in lieu thereof taken as a whole in paragraph (1) of Code Section 16-12-103, relating to selling or loaning sexually explicit material to minors.

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(6) By striking towards and inserting in lieu thereof toward in paragraph (8) and by striking isomers.) and inserting in lieu thereof isomers). in paragraph (14) of Code Section 16-13-21, relating to definitions regarding the regulation of controlled substances. (7) By striking the subparagraph (A) designation following paragraph (4) of Code Section 16-13-25, relating to controlled substances composing Schedule I. (8) By striking in possible and inserting in lieu thereof is possible in subsection (a) of Code Section 16-13-28, relating to controlled substances composing Schedule IV. (9) By striking Benzylpenicilloyl-Polylysine and inserting in lieu thereof Benzylpenicilloyl-polylysine in paragraph (90) of subsection (b) and by inserting (6) Reserved; between paragraphs (5) and (7) of subsection (e) of Code Section 16-13-71, relating to the definition of dangerous drug. (9.1) By striking or at the end of division (xxviii), by striking the period at the end of division (xxix) and inserting in its place a semicolon, and by adding new divisions (xxx) and (xxxi) as follows to subparagraph (A) of paragraph (3) of Code Section 16-14-3, relating to RICO definitions: (xxx) Article 3 of Chapter 5 of this title, relating to kidnapping, false imprisonment, and related offenses, except for Code Section 16-5-44, relating to aircraft hijacking; or (xxxi) Code Section 16-11-37, relating to terroristic threats and acts. (10) By striking subsections and inserting in lieu thereof subsection in subsection (c) of Code Section 16-14-4, relating to prohibited racketeering activities. (11) By striking enfore and inserting in lieu thereof enforce in subsection (f) of Code Section 16-14-7, relating to RICO forfeitures as civil remedies against racketeering. (12) By adding of this Code section following subsection (b) in subsection (c) of Code Section 16-14-13, relating to RICO lien notices of civil proceedings generally.

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(13) By striking vice president and inserting in lieu thereof vice-president in paragraph (5) of subsection (c), by adding of this Code section following subsection (c) and subsection (a) in subsection (f), and by adding of this Code section following subsection (c) in subsection (g) of Code Section 16-14-15, relating to registration by alien corporations before owning real property. Section 17 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) By deleting the word and at the end of paragraphs (1) and (2) and by striking subparagraph (H) of paragraph (2) of subsection (b) and inserting in lieu thereof subparagraph (b)(2)(H) in subsection (c) of Code Section 17-6-1, relating to persons before whom offenses are bailable and criteria for setting bonds. (2) By inserting the word appropriate before court in paragraph (5) of subsection (a) of Code Section 17-6-3, relating to acceptance of recognizance bonds for military personnel. (2.1) By striking justices of the peace and inserting in its place magistrates and by striking justice and inserting in its place officer in Code Section 17-7-21, relating to the holding of a court of inquiry by several judicial officers. (3) By striking Chapter 37-3 or Chapter 37-4 and inserting in lieu thereof Chapter 3 of Title 37 or Chapter 4 of Title 37 wherever such phrase appears, by striking of any of the courts and inserting in lieu thereof in any of the courts in subsection (c), by striking days and inserting in lieu thereof days wherever it appears in subsection (e), by inserting of this Code section following subsection (d) in subsection (e), by striking Chapters 37-3 and 37-4 and inserting in lieu thereof Chapter 3 of Title 37 and Chapter 4 of Title 37 in paragraph (5) of subsection (e), and by striking subsection (f) and inserting in lieu thereof this subsection in paragraph (3) of subsection (f) of Code Section 17-7-131, relating to proceedings when a plea of insanity or mental incompetency is entered. Section 18 . Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended as follows:

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(1) By striking intent of the creditor, and inserting in lieu thereof intent of the debtor, in paragraph (2) of Code Section 18-2-22, relating to conveyances by debtors which are deemed to be fraudulent. Section 19 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) By striking the effective date of this Code section and inserting in lieu thereof July 1, 1983 both times it appears in Code Section 19-3-8, relating to the continuance of interspousal tort immunity. (2) By striking (referred to as `parent') and inserting in lieu thereof (hereinafter referred to as `parent') in the affidavit form found in paragraph (3) of subsection (c) and by inserting his before date and place of death in the affidavit form found in paragraph (5) of subsection (c) of Code Section 19-8-4, relating to the execution of a surrender of parental rights. (3) By deleting the comma immediately following provided in subsection (b) and by striking Article 2 and inserting in lieu thereof Article 3 both times it appears in subsection (c) of Code Section 19-9-1, relating to child custody determinations in divorce. (4) By striking Article 2 and inserting in lieu thereof Article 3 both times it appears in subsection (c) of Code Section 19-9-3, relating to discretion of the court in child custody disputes. Section 20 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking who and inserting in lieu thereof whom in subsection (b) of Code Section 20-2-51, relating to selection of members of county boards. (2) By striking Code Section 20-2-57, relating to the organization of county boards of education, and inserting in lieu thereof a new Code Section 20-2-57 to read as follows: 20-2-57. (a) Upon being called together by some one of their number, after their election, the members of the county board shall organize by selecting one of their number as chairman, who shall serve

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as such during the term for which he was chosen as a member of the county board. The county school superintendent shall act as secretary of the county board, ex officio. A majority of the county board shall constitute a quorum for the transaction of business. It shall be the duty of the superintendent as secretary to be present at the meetings of the county board, to keep the minutes of its meetings and make a permanent record of them, and to do any other clerical work it may direct him to do. He shall record in a book, to be provided for the purpose, all official proceedings of the county board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairman and countersigned by the secretary. (b) Notwithstanding the provisions of subsection (a) of this Code section, in all counties of this state having a population of not less than 75,200 nor more than 77,000 according to the United States decennial census of 1960 or any future such census, the chairman of the board of education for such county shall be elected as provided for in this Code section but shall serve for such term as shall be fixed by the board by appropriate resolution adopted by the board, which resolution may be amended from time to time by the board. (3) By striking for immediately following election and inserting in lieu thereof or in subsection (b) of Code Section 20-2-102, relating to qualifications of county school superintendents. (4) By striking Code Section 20-2-982, relating to definitions regarding the Professional Standards Commission, which reads as follows: 20-2-982. As used in this part, the term: (1) `Commission' means the Professional Standards Commission. (2) `Approved institution' means any institution approved by the State Board of Education. (3) `Subject matter examination' means any objective examination recommended by the commission as an instrument to measure subject matter knowledge.

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(4) `CESA' means a cooperative education services agency as defined by Part 4 of Article 6 of this chapter. (5) `In-service training (staff development)' means any program of teacher education or preparation offered jointly by a school system and an approved college or university or a CESA, or any combination of the foregoing, for the purposes of improving or upgrading a teacher's skills, knowledge or instructional methods which is offered for credit and is recommended by the commission. (6) `Authorization or assignment' means the designation appearing on the teaching certificate identifying the areas of instruction or service which the certificate holder is permitted to perform., and inserting in lieu thereof a new Code Section 20-2-982 to read as follows: 20-2-982. As used in this part, the term: (1) `Approved institution' means any institution approved by the State Board of Education. (2) `Authorization or assignment' means the designation appearing on the teaching certificate identifying the areas of instruction or service which the certificate holder is permitted to perform. (3) `CESA' means a cooperative education services agency as defined by Part 4 of Article 6 of this chapter. (4) `Commission' means the Professional Standards Commission. (5) `In-service training (staff development)' means any program of teacher education or preparation offered jointly by a school system and an approved college or university or a CESA, or any combination of the foregoing, which is offered for credit and is recommended by the commission for the purposes of improving or upgrading a teacher's skills, knowledge, or instructional methods. (6) `Subject matter examination' means any objective examination recommended by the commission as an instrument to measure subject matter knowledge.

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(5) By adding a comma following incapacity and between appointed and that in subsection (a) of Code Section 20-2-983, relating to the Professional Standards Commission. (6) By adding a comma between tax and which in paragraph (2) of Code Section 20-3-131, relating to definitions of junior colleges. (7) By adding a comma between tax and which in Code Section 20-3-132, relating to authority to establish and maintain junior colleges. (8) By lower-casing the word Authority in subsection (c) of Code Section 20-3-204, relating to issuance of revenue bonds. (9) By striking three-, two-, and inserting in lieu thereof three-year, two-year, both times it appears in subsection (b) of Code Section 20-3-426, relating to eligibility for scholarships. (10) By striking (hereinafter referred to as `board') in subsection (a) and by striking board wherever it appears and inserting in lieu thereof State Medical Education Board in Code Section 20-3-510, relating to the creation of the State Medical Education Board. (11) By striking Code Section 20-3-511, relating to the secretary and treasurer of the State Medical Education Board, and inserting in lieu thereof a new Code Section 20-3-511 to read as follows: 20-3-511. (a) The secretary of the State Medical Education 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 State Medical Education Board and the books, records, and accounts of the State Medical Education Board. The secretary's compensation shall be fixed by the State Medical Education Board. The secretary shall also be the treasurer of the State Medical Education Board and shall keep an account for all the funds of the State Medical Education Board. The secretary shall execute and file with the State Medical Education 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 State Medical Education Board.

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(b) The State Medical Education Board may employ clerical assistance as is required and their compensation shall be fixed by the State Medical Education Board. (12) By striking board wherever it appears and inserting in lieu thereof State Medical Education Board in Code Section 20-3-512, relating to medical student loans and scholarships. (13) By striking board wherever it appears and inserting in lieu thereof State Medical Education Board in Code Section 20-3-513, relating to limits, terms, and conditions of medical student loans or scholarships. (14) By striking board wherever it appears and inserting in lieu thereof State Medical Education Board in Code Section 20-3-514, relating to contracts for certain loans or scholarships. (15) By striking board wherever it appears and inserting in lieu thereof State Medical Education Board in Code Section 20-3-515, relating to payment of tuition and fees for students granted certain loans or scholarships. (16) By striking available to the board and inserting in lieu thereof available to the State Medical Education Board in Code Section 20-3-516, relating to funds for certain loans or scholarships. (17) By striking board and inserting in lieu thereof State Medical Education Board in Code Section 20-3-517, relating to biennial reports of the State Medical Education Board. Section 21 . Reserved. Section 22 . Reserved. Section 23 . Reserved. Section 24 . Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended as follows: (1) By striking (a) preceding the first sentence of Code Section 24-10-70, relating to definitions relative to production of medical records as evidence.

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Section 25 . Reserved. Section 26 . Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows: (1) By striking part and inserting in lieu thereof article in paragraph (10) of Code Section 26-2-22, relating to prohibited acts regarding food. (2) By striking the word or at the end of paragraph (1) and by striking the period and inserting in lieu thereof ; or at the end of paragraph (2) of subsection (a) of Code Section 26-2-112, relating to inspection of slaughtered animals. (3) By adding a comma following or is suspected of being in subsection (a) of Code Section 26-3-4, relating to detention of certain drugs and cosmetics. (4) By striking service and inserting in lieu thereof device in the introductory language of Code Section 26-3-7, relating to adulterated drugs or devices. (5) By striking the period and inserting in lieu thereof a semicolon at the end of subparagraphs (a)(2)(B) and (a)(5)(B), by striking division (i)(A)(i) and inserting in lieu thereof division (i) of subparagraph (A) in subparagraph (a)(6)(B), by striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (a)(6)(B), and by striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (a)(9)(C) of Code Section 26-3-8, relating to misbranded drugs or devices. (6) By striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (B) of paragraph (2) of Code Section 26-3-12, relating to misbranded cosmetics. (7) By adding the word that between board and such in subsection (a) of Code Section 26-4-111, relating to manufacturing durgs, medicines, and cosmetics. (8) By striking 85th and inserting in lieu thereof eighty-fifth in paragraph (7) of Code Section 26-4-142, relating to definitions regarding third-party prescriptions.

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(9) By striking the effective date of this part and inserting in lieu thereof January 1, 1984, in paragraph (1) of subsection (b) of Code Section 26-4-143, relating to submission and approval of programs required. (10) By striking cancelled and inserting in lieu thereof canceled in Code Section 26-4-147, relating to enrollee's liability for use of identification card or canceled program. Section 27 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) By striking Code Sections 45-12-150 through 45-12-155 and Code Section 45-12-158 and inserting in lieu thereof Code Sections 45-12-150, 45-12-151, 45-12-152, and 45-12-155 in subsection (c) of Code Section 27-1-13, relating to disposition of funds received by the Department of Natural Resources from the operation of wildlife management areas, public fishing areas, etc. (2) By striking authorized and empowered and inserting in lieu thereof authorized in subsections (a) and (c) and by striking hunters not and inserting in lieu thereof hunters shall not in subsection (c) of Code Section 27-2-7, relating to powers of the Department of Natural Resources as to making and entering into agreements relating to hunting license reciprocity. (3) By reenacting Code Section 27-2-4, relating to honorary hunting and fishing licenses as printed on page 42 of Volume 22 of the Official Code of Georgia Annotated and by striking Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, in its entirety and inserting in lieu thereof a new Code Section 27-3-4 to read as follows: 27-3-4. It shall be unlawful to hunt wildlife with any weapon, except that: (1) Longbows and compound bows may be used for taking small game. Longbows and compound bows for hunting deer are permitted only during the regular hunting season and during the archery season for deer, provided that longbows have a minimum recognized pull of 40 pounds at 28 inches of draw. Arrows for hunting deer must be broadhead type, with a minimum width of seven-eighths of an inch;

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(2) During primitive weapon hunts, longbows, compound bows, muzzleloading rifles of.44 caliber or larger with iron sights and muzzleloading shotguns of 20 gauge or large loaded with single shot may be used; (3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading rifles of.44 caliber or larger, and rifles using any center-fire cartridge.22 caliber or larger; provided, however, that a.218 Bee;.22 Hornet;.25-20;.256 Magnum; guns using.30 caliber army carbine cartridges;.32-20;.32-40;.357 Magnum;.38 Special;.38-40; and.44-40 shall not be used; provided, further, that firearms for hunting feral hogs, other than those weapons specified in this subsection, may be authorized by rule or regulation of the board. Handguns with a barrel length of 5.9 inches or more, adjustable sights, and capable of delivering at least 500 foot-pounds of energy at a distance of 100 yards may be used for hunting game animals. Bullets used in all rifles and handguns must be of the expanding type. It shall be unlawful for any person, when hunting with four or more other hunters, to use a handgun or rifle while hunting deer with dogs; (4) Weapons for hunting small game, nongame animals, or nongame birds shall be limited to shotguns with No. 4 shot or smaller shot,.22 rimfire rifles, guns using.30 caliber army carbine cartridges, the.32-20, any center-fire rifles with bore diameter of.257 or smaller, all caliber pistols, muzzleloading firearms, longbows, and compound bows; (5) (A) For hunting deer, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine. (B) For hunting all other game, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine;

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(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 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; (7) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading rifles, longbows, or compound bows. Any person taking turkey in violation of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, except that a fine imposed for such violation shall not be less than $250.00; (8) Weapons for hunting squirrel, rabbits, and raccoons shall be limited to shotguns with No. 2 shot or smaller shot,.22 rimfire firearms, muzzleloading rifles, longbows, and compound bows; (9) The use of silencers for hunting within this state is prohibited. (4) By striking the words for other than commercial fishing purposes and inserting in lieu thereof for other commercial fishing purposes in subsection (e) of Code Section 27-4-171, relating to bait dealers and taking of shrimp for bait. Section 28 . Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended as follows: (1) By redesignating Code Section 28-1-14, relating to restrictions on population bills, as enacted by an Act approved March 29, 1983 (Ga. L. 1983, p. 1205), as Code Section 28-1-15. Section 29 . Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended as follows:

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(1) By adding at the end of Code Section 29-2-4, relating to petitions for sale, lease, exchange, or encumbrance of the ward's property, a new subsection (g) to read as follows: (g) All other sales of any portion of the property of the ward not addressed by this Code section shall be made under the direction of the judge of the probate court under the same rules and restrictions as are prescribed for sales by administrators of estates. (2) By striking first class and inserting in lieu thereof first-class and by deleting of the Official Code of Georgia Annotated in subsection (b) of Code Section 29-4-4.1, relating to appointment of a temporary guardian for a minor. (3) By deleting or following the semicolon at the end of subparagraph (a)(3)(A) in Code Section 29-5-6, relating to procedure for appointment of a guardian for an incapacitated adult. Section 30 . Reserved. Section 31 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) By striking paragraph (5) of Code Section 31-6-2, relating to definitions relative to health planning and development, and inserting in lieu thereof a new paragraph (5) to read as follows: (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. (2) By striking The members shall serve for a term of two years. and inserting in lieu thereof Each member shall serve for a term of two years. in subsection (a) and by adding a comma following emergency rules in paragraph (2) of subsection (c) of Code Section 31-6-20, relating to the Health Policy Council.

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(3) By striking chapter, and and inserting in lieu thereof chapter and, in subsection (a), by striking certificate of need programs and inserting in lieu thereof certificate of need program in paragraph (4) of subsection (b), and by striking the period and inserting in lieu thereof a semicolon at the end of paragraph (4) of said subsection in Code Section 31-6-21, relating to the Health Planning Agency. (4) By striking the semicolons following health services and cost effectiveness and inserting in lieu thereof commas in paragraph (13) of Code Section 31-6-42, relating to qualifications for issuance of a certificate of need. (5) By striking certificate of need, or one and inserting in lieu thereof certificate of need or one in the undesignated language following paragraph (2) of subsection (d) of Code Section 31-6-43, relating to acceptance or rejection of application for certificate. (6) By striking facility's and inserting in lieu thereof facility in paragraph (13) of subsection (a) and by striking additioin and inserting in lieu thereof addition in subsection (c) of Code Section 31-6-47, relating to exemptions from the requirements relative to certificate of need review. (7) By striking Code Section 31-7-4 and inserting in lieu thereof Code Section 31-7-2.1 in subsection (b) of Code Section 31-7-11, relating to the requirement of a written summary of hospital service charge rates. (8) By redesignating Code Section 31-7-11, relating to personal care homes, as enacted by an Act approved March 29, 1983 (Ga. L. 1983, p. 1323), as Code Section 31-7-12, to read as follows: 31-7-12. (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, county boards of health may establish inspection fees to defray part of the costs of inspections performed for the department.

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(9) By striking paragraph (20) and inserting in lieu thereof paragraph (22) in paragraph (4) of subsection (d) of Code Section 31-7-76, relating to procedures in event of failure of a hospital authority to perform its functions. (10) By redesignating Article 8 of Chapter 7 of Title 31, relating to hospice care, as enacted by an Act approved March 29, 1983 (Ga. L. 1983, p. 1317), as Article 9 of Chapter 7 of Title 31. (11) By striking air space and inserting in lieu thereof airspace both times it appears in subsection (d) and by striking Code Section 31-10-9 and inserting in lieu thereof this Code section in subsections (f) and (g) of Code Section 31-10-9, relating to registration of births. (12) By striking registration and inserting in lieu thereof registrar in subsection (c) of Code Section 31-10-29, relating to information to be disclosed to state and local registrars. Section 32 . Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows: (1) By striking `Public Law 97-987' and inserting in lieu thereof `Public Law 97-369' in Code Section 32-6-23, relating to width of vehicles and loads. Section 33 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By adding a new Code section immediately following Code Section 33-2-31, to be designated 33-2-32, to read as follows: 33-2-32. (a) Each corporation or individual, of whatever name or class, which now has or which may hereafter have bonds or securities on deposit as the law provides, is required, on or before January 15 of each year, to pay the Commissioner a fee based on the following schedule:

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Aggregate amount of bonds or securities Fee Not over $5,000.00 $ 2.00 Not over $10,000.00 3.75 Not over $25,000.00 7.50 Not over $50,000.00 12.50 Not over $100,000.00 20.00 More than $100,000.00 25.00 (b) All fees collected under subsection (a) of this Code section shall be paid into the general fund of the state treasury. (c) If a fee prescribed in subsection (a) of this Code section has not been paid on or before January 15, the Commissioner shall refuse to accept the deposits required by law and shall not certify their acceptance until the fee is fully paid. The Commissioner shall suspend or revoke the license of the delinquent company or individual until the fee is fully paid. (2) By striking Title 33 and inserting in lieu thereof this title in subsection (c) of Code Section 33-3-20, relating to imposition of certain administrative fines. (3) By striking Title 33 and inserting in lieu thereof this title in subsection (c) of Code Section 33-3-25, relating to standards for certain insurance policies. (4) By striking the semicolon at the end of subparagraphs (A) and (B) of paragraph (4), subparagraphs (A) and (B) of paragraph (6), and subparagraph (A) of paragraph (7) and inserting in lieu thereof a period, by deleting and at the end of paragraph (7), and by striking the period and inserting in lieu thereof ; and at the end of paragraph (8) of Code Section 33-6-5, relating to certain unfair methods of competition. (5) By striking one- and inserting in lieu thereof one-family and by adding a comma following obsolescence in paragraph (2) of subsection (b) of Code Section 33-7-6, relating to the definition of property insurance. (6) By striking insuror and inserting in lieu thereof insurer each time it appears in subsection (b.1) of Code Section 33-7-15, relating to cooperation between insurers and insured persons.

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(7) By striking Farmers' Mutual Fire Insurance Companies and Fraternal Benefit Societies and inserting in lieu thereof respectively farmers' mutual fire insurance companies and fraternal benefit societies in subsection (a) of Code Section 33-8-3, relating to license fees of insurance companies generally. (8) By striking commissioner and inserting in lieu thereof Commissioner in paragraph (2) of subsection (b) and by striking semi-annual and inserting in lieu thereof semiannual in subsection (g) of Code Section 33-8-8.1, relating to taxation of life insurance companies. (9) By striking semi-annual and inserting in lieu thereof semiannual in paragraph (5) of subsection (b) and by striking the semicolon immediately preceding provided and inserting in lieu thereof a comma in subsection (d) of Code Section 33-8-8.2, relating to taxation of certain other insurance companies. (10) By striking Those and inserting in lieu thereof For those and by striking the semicolon following cap and inserting in lieu thereof a comma in Code Section 33-8-8.3, relating to reduction of ad valorem taxes in certain areas. (11) By striking procedures of this chapter and inserting in lieu thereof procedures of this title in the introductory paragraph of Code Section 33-9-21, relating to filing certain rates and rating plans. (12) By striking subsections (d) through (k) of Code Section 33-10-13, relating to valuation of reserves, and inserting in lieu thereof new subsections (d) through (k) to read as follows: (d) (1) Except as otherwise provided in paragraphs (2) and (3) through (7) of this subsection, the minimum standards for the valuation of all life insurance policies and annuity or pure endowment contracts issued on or after January 1, 1966, shall be the Commissioner's reserve valuation methods defined in subsections (e), (f), and (j) of this Code section and the following interest rates and tables: (A) Three and one-half percent interest or, in the case of policies and contracts other than annuity and pure endowment contracts issued on or after July 1, 1973, 4 percent interest for such policies issued prior to July 1, 1979, 5 1/2

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percent interest for single premium life insurance policies, and 4 percent interest for all other such policies issued on or after July 1, 1979; (B) For all ordinary policies of life insurance issued on the standard basis, excluding any disability and accidental death benefits in such policies, the Commissioners 1958 Standard Ordinary Mortality Tables for such policies issued prior to the operative date of subsection (e) of Code Section 33-25-4 as amended, except that for any category of such policies issued on female risk modified net premiums and present values, referred to in subsection (e) of this Code section, may be calculated at the insurer's option and with the Commissioner's approval according to an age not more than six years younger than the actual age of the insured; and for such policies issued on or after the operative date of subsection (e) of Code Section 33-25-4, (i) the Commissioners 1980 Standard Ordinary Mortality Table or, (ii) at the election of the insurer for any one or more specified plans of life insurance, the Commissioners 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors, or (iii) any ordinary mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; (C) For all industrial life insurance policies issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table; for such policies issued prior to the date on which the Commissioners 1961 Standard Industrial Mortality Table becomes applicable in accordance with subsection (d) of Code Section 33-25-4 and for such policies issued on or after such date the Commissioners 1961 Standard Industrial Mortality Table or any industrial mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; (D) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality Table

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or, at the option of the insurer, the Annuity Mortality Table for 1949, ultimate, or any modification of either of these tables approved by the Commissioner; (E) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of such table approved by the Commissioner or, at the option of the insurer, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts; (F) For total and permanent disability benefits in or supplementary to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966, the tables of Period 2 disablement rates and the 1930 to 1960 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit or any tables of disablement rates and termination rates, adopted after 1980 by the National Association of Insurance Commissioners, that are approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; for policies or contracts issued prior to January 1, 1966, either such tables or, at the option of the insurer, the Class (3) Disability Table (1926). Any such table shall, for active lives, be combined with a mortality table permitted for calculating the reserves for life insurance policies; (G) For accidental death benefits in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table or any accidental death benefits table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; for policies issued prior to January 1, 1966, either such table or, at the option of the insurer, the Inter-Company Double Indemnity Mortality Table. Either table shall be combined with a mortality table permitted for calculating the reserves for life insurance policies; and

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(H) For group life insurance, life insurance issued on the substandard basis, and other special benefits such tables or appropriate modifications of such tables as may be approved by the Commissioner as being sufficient with relation to the benefits provided by those policies. (2) Except as provided in paragraphs (3) through (7) of this subsection, the minimum standard for the valuation of all individual annuity and pure endowment contracts issued on or after the operative date of this paragraph, as defined herein, and for all annuities and pure endowments purchased on or after the operative date under group annuity and pure endowment contracts, shall be the Commissioner's reserve valuation methods defined in subsections (e) and (f) of this Code section and the following tables and interest rates: (A) For individual annuity and pure endowment contracts issued prior to July 1, 1979, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table or any modification of this table approved by the Commissioner and 6 percent interest for single premium immediate annuity contracts and 4 percent interest for all other individual annuity and pure endowment contracts; (B) For individual single premium immediate annuity contracts issued on or after July 1, 1979, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table or any individual annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such contracts or any modification of these tables approved by the Commissioner and 7 percent interest; (C) For individual annuity and pure endowment contracts issued on or after July 1, 1979, other than single premium immediate annuity contracts, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table or any individual annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by

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regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such contracts or any modification of these tables approved by the Commissioner and 5 percent interest for single premium deferred annuity and pure endowment contracts and 4 percent interest for all other such individual annuity and pure endowment contracts; (D) For all annuities and pure endowments purchased prior to July 1, 1979, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table or any modification of this table approved by the Commissioner and 6 percent interest; and (E) For all annuities and pure endowments purchased on or after July 1, 1979, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table or any group annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such annuities and pure endowments or any modification of these tables approved by the Commissioner and 7 percent interest. After July 1, 1973, any insurer may file with the Commissioner a written notice of its election to comply with this paragraph after a specified date before January 1, 1979, which shall be the operative date of this paragraph for such insurer, provided that an insurer may elect a different operative date for individual annuity and pure endowment contracts from that elected for group annuity and pure endowment contracts. If an insurer makes no such election, the operative date of this paragraph for such insurer shall be January 1, 1979. (3) The interest rates used in determining the minimum standard for the valuation of: (A) All life insurance policies issued in a particular calendar year, on or after the operative date of subsection (e) of Code Section 33-25-4;

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(B) All individual annuity and pure endowment contracts issued in a particular calendar year on or after January 1, 1983; (C) All annuities and pure endowments purchased in a particular calendar year on or after January 1, 1983, under group annuity and pure endowment contracts; and (D) The net increase, if any, in a particular calendar year after January 1, 1983, in amounts held under guaranteed interest contracts shall be the calendar year statutory valuation interest rates as defined in paragraphs (4) through (7) of this subsection. (4) The calendar year statutory valuation interest rates, I, shall be determined as follows and the results rounded to the nearer one-quarter of 1 percent: (A) For life insurance: I=.03+W(R1-.03)+1/2W(R2-.09); (B) For single premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options and from guaranteed interest contracts with cash settlement options: I=.03+W(R-.03) where R1 is the lesser of R and.09, R2 is the greater of R and.09, R is the reference interest rate defined in paragraph (6) of this subsection, and W is the weighting factor defined in paragraph (5) of this subsection; (C) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on an issue year basis, except as stated in subparagraph (B) of this paragraph, the formula for life insurance stated in subparagraph (A) of this paragraph shall apply to annuities and guaranteed interest contracts with guarantee durations in excess of ten years and the formula for single premium immediate annuities stated in subparagraph

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(B) of this paragraph shall apply to annuities and guaranteed interest contracts with guarantee duration of ten years or less; (D) For other annuities with no cash settlement options and for guaranteed interest contracts with no cash settlement options, the formula for single premium immediate annuities stated in subparagraph (B) of this paragraph shall apply; (E) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a change in fund basis, the formula for single premium immediate annuities stated in subparagraph (B) of this paragraph shall apply; However, if the calendar year statutory valuation interest rate for any life insurance policies issued in any calendar year determined without reference to this sentence differs from the corresponding actual rate for similar policies issued in the immediately preceding calendar year by less than one-half of 1 percent, the calendar year statutory valuation interest rate for such life insurance policies shall be equal to the corresponding actual rate for the immediately preceding calendar year. For purposes of applying the immediately preceding sentence, the calendar year statutory valuation interest rate for life insurance policies issued in a calendar year shall be determined for 1980 (using the reference interest rate defined for 1979) and shall be determined for each subsequent calendar year regardless of when subsection (e) of Code Section 33-25-4 becomes operative. (5) The weighting factors referred to in the formulas stated above are given in the following tables: (A) Weighting Factors for Life Insurance: Guarantee Duration (Years) Weighting Factors 10 or less .50 More than 10, but not more than 20 .45 More than 20 .35

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For life insurance, the guarantee duration is the maximum number of years the life insurance can remain in force on a basis guaranteed in the policy or under options to convert to plans of life insurance with premium rates or nonforfeiture values or both which are guaranteed in the original policy; (B) Weighting factor for single premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options and guaranteed interest contracts with cash settlement options:.80; (C) Weighting factors for other annuities and for guaranteed interest contracts, except as stated in subparagraph (B) of this paragraph, shall be as specified in Tables I, II, and III of this subparagraph, according to the rules and definitions in IV, V, and VI of this subparagraph: I. For annuities and guaranteed interest contracts valued on an issue year basis: Guarantee Duration Weighting Factor for Plan Type (Years) A B C 5 or less: .80 .60 .50 More than 5, but not more than 10: .75 .60 .50 More than 10, but not more than 20: .65 .50 .45 More than 20: .45 .35 .35 II. For annuities and guaranteed interest contracts valued on a change in fund basis, the factors shown in Table I increased by: Plan Type A B C .15 .25 .05

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III. For annuities and guaranteed interest contracts valued on an issue year basis (other than those with no cash settlement options) which do not guarantee interest on considerations received more than one year after issue or purchase and for annuities and guaranteed interest contracts valued on a change in fund basis which do not guarantee interest rates on considerations received more than 12 months beyond the valuation date, the factors shown in Table I or derived in Table II increased by: Plan Type A B C .05 .05 .05 IV. For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, the guarantee duration is the number of years for which the contract guarantees interest rates in excess of the calendar year statutory valuation interest rate for life insurance policies with guarantee duration in excess of 20 years. For other annuities with no cash settlement options and for guaranteed interest contracts with no cash settlement options, the guarantee duration is the number of years from the date of issue or date of purchase to the date annuity benefits are scheduled to commence; V. Plan type as used in the above tables is defined as follows: Plan Type A: At any time policyholder may withdraw funds only (1) with an adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer, or (2) without such adjustment but in installments over five years or more, or (3) as an immediate life annuity, or (4) no withdrawal permitted;

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Plan Type B: Before expiration of the interest rate guarantee, policyholder may withdraw funds only (1) with adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer, or (2) without such adjustment but in installments over five years or more, or (3) no withdrawal permitted. At the end of interest rate guarantee, funds may be withdrawn without such adjustment in a single sum or installments over less than five years; Plan Type C: Policyholder may withdraw funds before expiration of interest rate guarantee in a single sum or installments over less than five years either (1) without adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer, or (2) subject only to a fixed surrender charge stipulated in the contract as a percentage of the fund; VI. An insurer may elect to value guaranteed interest contracts with cash settlement options and annuities with cash settlement options on either an issue year basis or on a change in fund basis. Guaranteed interest contracts with no cash settlement options and other annuities with no cash settlement options and other annuities with no cash settlement options must be valued on an issue year basis. As used in this subsection, an issue year basis of valuation refers to a valuation basis under which the interest rate used to determine the minimum valuation standard for the entire duration of the annuity or guaranteed interest contract is the calendar year valuation interest rate for the year of issue or year of purchase of the annuity or guaranteed interest contract, and the change in fund basis of valuation refers to a valuation basis under which the interest rate used to determine the minimum valuation standard applicable to each change in the fund held under the annuity or guaranteed interest contract is the calendar year valuation interest rate for the year of the change in the fund. (6) The Reference Interest Rate referred to in paragraph (4) of this subsection shall be defined as follows:

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

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

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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 (B) A net one-year term premium for the benefits provided for in the first policy year. Provided that for any life insurance policy issued on or after the effective date of subsection (h) of Code Section 33-25-4 for which the contract premium in the first policy year exceeds that of the second year and for which no comparable additional benefit is provided in the first year for such excess and which provides an endowment benefit or a cash surrender value or a combination thereof in an amount greater than such excess premium, the reserve according to the Commissioner's reserve valuation method as of any policy anniversary occurring on or before the assumed ending date defined herein as the first policy anniversary on which the sum of any endowment benefit and any cash surrender value then available is greater than such excess premium shall, except as otherwise provided in subsection (j) of this Code section, be the greater of the reserve as of such policy anniversary calculated as described in the preceding paragraph and the reserve as of such policy anniversary calculated as described in that paragraph, but with (i) the value defined in subparagraph (A) of that paragraph being reduced by 15 percent of the amount of such excess first year premium, (ii) all present values of benefits and premiums being determined without reference to premiums or benefits provided for by the policy after the assumed ending date, (iii) the policy being assumed to mature on such date as an endowment, and (iv) the cash surrender value provided on such date being considered as an endowment benefit. In making the above comparison the mortality and interest bases stated in subsection (d) of this Code section shall be used. (2) Reserves according to the Commissioner's reserve valuation method for:

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(A) Life insurance policies providing for a varying amount of insurance or requiring the payment of varying premiums; (B) Group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization or by both, other than a plan providing individual retirement accounts or individual retirement annuities under Section 408 of the Internal Revenue Code as now or hereafter amended; (C) Disability and accidental death benefits in all policies and contracts; and (D) All other benefits, except life insurance and endowment benefits in life insurance policies and benefits provided by all other annuity and pure endowment contracts, shall be calculated by a method consistent with the principles of this subsection. (f) This subsection shall apply to all annuity and pure endowment contracts other than group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization or by both, other than a plan providing individual retirement accounts or individual retirement annuities under Section 408 of the Internal Revenue Code. Reserves according to the Commissioner's annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in the contracts, shall be the greatest of the respective excesses of the present values at the date of valuation of the future guaranteed benefits, including guaranteed nonforfeiture benefits provided for by the contracts at the end of each respective contract year, over the present value at the date of valuation of any future valuation considerations derived from future gross considerations required by the terms of the contract that become payable prior to the end of the respective contract year. The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rate or rates, specified in such contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective

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gross considerations applied under the terms of the contracts to determine nonforfeiture values. (g) In no event shall an insurer's aggregate reserve for all life insurance policies, excluding disability and accidental death benefits issued on or after January 1, 1966, be less than the aggregate reserves calculated in accordance with the methods set forth in subsections (e), (f), (j), and (k) of this Code section and the mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for the policies. (h) (1) Reserve for all policies and contracts issued prior to January 1, 1966, may be calculated, at the option of the insurer, according to any standards which produce greater aggregate reserves for all the policies and contracts than the minimum reserves required by the laws in effect immediately prior to that date. (2) For any category of policies, contracts, or benefits specified in subsection (d) of this Code section issued on or after January 1, 1966, reserves may be calculated, at the option of the insurer, according to any standard or standards which produce greater aggregate reserves for such category than those calculated according to the minimum standard provided in this Code section; but the rate or rates of interest used for policies and contracts, other than annuity and pure endowment contracts, shall not be higher than the corresponding rate or rates of interest used in calculating any nonforfeiture benefits provided for in the policies and contracts. (i) An insurer who at any time had adopted any standard of valuation producing greater aggregate reserves than those calculated according to the minimum standard provided for in subsection (g) of this Code section may, with the approval of the Commissioner, adopt any lower standard of valuation but not lower than the minimum provided in this subsection. (j) If in any contract year the gross premium charged by any life insurer on any policy or contract issued on or after January 1, 1966, is less than the valuation net premium for the policy or contract calculated by the method used in calculating the reserve thereon but using the minimum valuation standards of mortality and rate of interest, the minimum reserve required for such policy or contract

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

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(13) By striking Section and inserting in lieu thereof section in subsection (e), by inserting a comma between contract and shall in subsection (m), and by adding license between annuity and issued in subsection (p) of Code Section 33-11-35, relating to establishment of certain annuity contract accounts. (14) By deleting the comma following securities and laws in subsection (g) of Code Section 33-11-36, relating to establishment of certain life insurance policy accounts. (15) By striking as is and inserting in lieu thereof as are in paragraph (2) of Code Section 33-12-2, relating to certain insurance deposits. (16) By striking Chapter 37 and inserting in lieu thereof Chapter 7 in paragraph (4) of subsection (b) of Code Section 33-14-4, relating to certain procedures for incorporation. (17) By striking Commissioners' and inserting in lieu thereof Commissioners in subsections (b) and (d) of Code Section 33-15-15, relating to certain nonforfeiture benefits and cash surrender values. (18) By striking Commissioners' Reserve Valuation and inserting in lieu thereof Commissioner's reserve valuation in subsections (d), (e), and (f) and by striking Commissioners' and inserting in lieu thereof Commissioners twice in paragraph (1) of subsection (j) of Code Section 33-15-25, relating to filing certain annual reports, statements, and valuation certificates. (19) By striking not more than three and inserting in lieu thereof any in paragraph (3) of subsection (a) of Code Section 33-16-3, relating to procedure for incorporation of certain insurance companies. (20) By striking subsections (b) through (i) of Code Section 33-25-4, relating to required nonforfeiture provisions, and inserting in lieu thereof new subsections (b) through (i) to read as follows: (b) (1) Any cash surrender value available under the policy in the event of default in a premium payment due on any policy

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

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

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(2) The adjusted premiums shall be a single uniform percentage of the respective premiums specified in the policy for each policy year, unless the adjusted premiums result in cash surrender values which are smaller than endowment amounts provided by the policy prior to maturity as of the date or dates such endowment amounts are provided, in which event the adjusted premiums shall be determined as uniform percentages of the respective premiums specified in the policy such that no cash surrender value is smaller than any endowment amount provided by the policy prior to maturity as of the date or dates such endowment amount is provided. For the purposes for this paragraph, the Commissioner may treat any cash surrender value actually provided by the policy as equivalent to an endowment amount; provided, however, that in applying the percentages specified in items (C) and (D) of paragraph (1) of this subsection no adjusted premium shall be deemed to exceed 4 percent of the amount of insurance or uniform amount equivalent thereto. The date of issue of a policy for the purpose of this Code section shall be the date as of which the rated age of the insured is determined. (3) In the case of a policy providing an amount of insurance varying with the duration of the policy, the equivalent uniform amount of insurance, for the purpose of this subsection, shall be deemed to be the uniform amount of insurance provided by an otherwise similar policy containing the same endowment benefit or benefits, if any, issued at the same age and for the same term, the amount of which does not vary with duration, and the benefits under which have the same present value at the date of issue as the benefits under the policy; provided, however, that, in the case of a policy providing a varying amount of insurance issued on the life of a child under age ten, the equivalent uniform amount may be computed as though the amount of insurance provided by the policy prior to the attainment of age ten was the amount provided by the policy at age ten. In the case of a policy which provides pure endowment benefits which are payable without reducing the amount of insurance provided by the policy and which may be applied to provide additional amounts of paid-up life insurance, the equivalent uniform amount of insurance shall be determined on the amounts of insurance which would be effective if all the pure endowment benefits were applied to provide such additional amounts of paid-up life insurance.

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(4) The adjusted premiums for any policy providing term insurance benefits by rider or supplemental policy provision shall be equal to (A) the adjusted premiums for an otherwise similar policy issued at the same age without such term insurance benefits, increased, during the period for which premiums for such term insurance benefits are payable, by (B) the adjusted premiums for such term insurance, items (A) and (B) of this paragraph being calculated separately and as specified in paragraphs (1) through (3) of this subsection, except, that, for the purpose of items (B), (C), and (D) of paragraph (1) of this subsection, the amount of insurance or equivalent uniform amount of insurance used in the calculation of the adjusted premiums referred to in item (B) of this paragraph shall be equal to the excess of the corresponding amount determined for the entire policy over the amount used in the calculation of the adjusted premiums in item (A) of this paragraph. (5) All adjusted premiums and present values referred to in this Code section shall, for all policies of ordinary insurance, be calculated on the basis of the Commissioners 1958 Standard Ordinary Mortality Table, provided that, for any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than six years younger than the actual age of the insured. Such calculations for all policies of industrial insurance shall be made on the basis of the 1941 Standard Industrial Mortality Table; provided, however, that any insurer may file with the Commissioner a written notice of its election that such adjusted premiums and present values shall be calculated on the basis of the Commissioners 1961 Standard Industrial Mortality Table, after a specified date before January 1, 1968, and, whether or not any election has been made, such calculations for all policies of industrial insurance, issued on or after January 1, 1968, shall be made on the basis of the Commissioners 1961 Standard Industrial Mortality Table. All calculations shall be made on the basis of the rate of interest specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits. Such rate of interest shall not exceed 3 percent per annum, except that a rate of interest not exceeding 4 percent per annum may be used for policies issued on or after July 1, 1973; and prior to July 1, 1979, a rate of interest not exceeding 5 1/2 percent per annum may be used for policies issued on or after July 1, 1979; and for any single premium whole life or endowment insurance policy, a rate of

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interest not exceeding 6 1/2 percent per annum may be used. In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed in the case of ordinary policies may not be more than those shown in the Commissioners 1958 Extended Term Insurance Table and in the case of industrial policies may not be more than 130 percent of the rates of mortality according to the 1941 Standard Industrial Mortality Table. After January 1, 1968, when the Commissioners 1961 Standard Industrial Mortality Table becomes applicable, such rates of mortality assumed may be not more than those shown in the Commissioners 1961 Industrial Extended Term Insurance Table. For insurance issued on a substandard basis, the calculation of any adjusted premiums and present values may be based on such other table of mortality as may be specified by the insurer and approved by the Commissioner. (e) (1) This subsection shall apply to any life insurance policy issued on or after January 1, 1989, or such earlier date as may have been elected by the insurer with respect to such policy in accordance with the provisions of paragraph (11) of this subsection. Except as provided in paragraph (3) of this subsection, the adjusted premiums for any policy shall be calculated on an annual basis and shall be such uniform percentage of the respective premiums specified in the policy for each policy year, excluding amounts payable as extra premiums to cover impairments or special hazards and also excluding any uniform annual contract charge or policy fee specified in the policy in a statement of the method to be used in calculating the cash surrender values and paid-up nonforfeiture benefits, that the present value, at the date of issue of the policy, of all adjusted premiums shall be equal to the sum of (A) the then present value of the future guaranteed benefits provided for by the policy; (B) one percent of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten policy years; and (C) 125 percent of the nonforfeiture net level premium as hereinafter defined; provided, however, that in applying the percentage specified in item (C) of this paragraph no nonforfeiture net level premium shall be deemed to exceed 4 percent of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten policy years. The date of issue of a policy for the purpose of this subsection shall be the date as of which the rated age of the insured is determined.

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(2) The nonforfeiture net level premium shall be equal to the present value, at the date of issue of the policy, of the guaranteed benefits provided for by the policy divided by the present value, at the date of issue of the policy, of an annuity of one per annum payable on the date of issue of the policy and on each anniversary of such policy on which a premium falls due. (3) In the case of policies which cause on a basis guaranteed in the policy unscheduled changes in benefits or premiums or which provide an option for changes in benefits or premiums other than a change to a new policy, the adjusted premiums and present values shall initially be calculated on the assumption that future benefits and premiums do not change from those stipulated at the date of issue of the policy. At the time of any such change in the benefits or premiums the future adjusted premiums, nonforfeiture net level premiums and present values shall be recalculated on the assumption that the future benefits and premiums do not change from those stipulated by the policy immediately after the change. (4) Except as otherwise provided in paragraph (7) of this subsection, the recalculated future adjusted premiums for any such policy shall be such uniform percentage of the respective future premiums specified in the policy for each policy year, excluding amounts payable as extra premiums to cover impairments and special hazards and also excluding any uniform annual contract charge or policy fee specified in the policy in a statement of the method to be used in calculating the cash surrender values and paid-up nonforfeiture benefits, that the present value, at the time of change to the newly defined benefits or premiums, of all such future adjusted premiums shall be equal to the excess of (A) the sum of (i) the then present value of the then future guaranteed benefits provided for by the policy and (ii) the additional expense allowance, if any, over (B) the then cash surrender value, if any, or present value of any paid-up nonforfeiture benefit under the policy. (5) The additional expense allowance, at the time of the change to the newly defined benefits or premiums, shall be the sum of (A) 1 percent of the excess, if positive, of the average amount of insurance at the beginning of each of the first ten policy years subsequent to the change over the average amount of insurance prior to the change at the beginning of each of the first ten policy years subsequent to the time of the most recent

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previous change, or, if there has been no previous change, the date of issue of the policy; and (B) 125 percent of the increase, if positive, in the nonforfeiture net level premium. (6) The recalculated nonforfeiture net level premium shall be equal to the result obtained by dividing (A) by (B) where (A) Equals the sum of: (i) The nonforfeiture net level premium applicable prior to the change times the present value of an annuity of one per annum payable on each anniversary of the policy on or subsequent to the date of the change on which a premium would have fallen due had the change not occurred; and (ii) The present value of the increase in future guaranteed benefits provided for by the policy; and (B) Equals the present value of an annuity of one per annum payable on each anniversary of the policy on or subsequent to the date of change on which a premium falls due. (7) Notwithstanding any other provisions of this subsection to the contrary, in the case of a policy issued on a substandard basis which provides reduced graded amounts of insurance so that, in each policy year, such policy has the same tabular mortality cost as an otherwise similar policy issued on the standard basis which provides higher uniform amounts of insurance, adjusted premiums and present values for such substandard policy may be calculated as if it were issued to provide such higher uniform amounts of insurance on the standard basis. (8) All adjusted premiums and present values referred to in this Code section shall for all policies of ordinary insurance be calculated on the basis of (A) the Commissioners 1980 Standard Ordinary Mortality Table or (B) at the election of the insurer for any one or more specified plans of life insurance, the Commissioners 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors; shall for all policies of industrial insurance be calculated on the basis of the Commissioners 1961 Standard Industrial Mortality Table; and shall for all policies issued in

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a particular calendar year be calculated on the basis of a rate of interest not exceeding the nonforfeiture interest rate as defined in this subsection for policies issued in that calendar year; provided, however, that: (A) At the option of the insurer, calculations for all policies issued in a particular calendar year may be made on the basis of a rate of interest not exceeding the nonforfeiture interest rate, as defined in this subsection, for policies issued in the immediately preceding calendar year; (B) Under any paid-up nonforfeiture benefit, including any paid-up dividend additions, any cash surrender value available, whether or not required by subsection (a) of this Code section, shall be calculated on the basis of the mortality table and rate of interest used in determining the amount of such paid-up nonforfeiture benefit and paid-up dividend additions, if any; (C) An insurer may calculate the amount of any guaranteed paid-up nonforfeiture benefit including any paid-up additions under the policy on the basis of an interest rate no lower than that specified in the policy for calculating cash surrender values; (D) In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1980 Extended Term Insurance Table for policies of ordinary insurance and not more than the Commissioners 1961 Industrial Extended Term Insurance Table for policies of industrial insurance; (E) For insurance issued on a substandard basis, the calculation of any such adjusted premiums and present values may be based on appropriate modifications of the aforementioned tables; (F) Any ordinary mortality tables adopted after 1980 by the National Association of Insurance Commissioners that are approved by regulation promulgated by the Commissioner for use in determining the minimum nonforfeiture

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standard may be substituted for the Commissioners 1980 Standard Ordinary Mortality Table with or without Ten-Year Select Mortality Factors or for the Commissioners 1980 Extended Term Insurance Table; (G) Any industrial mortality tables adopted after 1980 by the National Association of Insurance Commissioners that are approved by regulation promulgated by the Commissioner for use in determining the minimum nonforfeiture standard may be substituted for the Commissioners 1961 Standard Industrial Mortality Table or the Commissioners 1961 Industrial Extended Term Insurance Table. (9) The nonforfeiture interest rate per annum for any policy issued in a particular calendar year shall be equal to 125 percent of the calendar year statutory valuation interest rate for such policy as defined in Code Section 33-10-13, the Standard Valuation Law, rounded to the nearer one quarter of 1 percent. (10) Notwithstanding any other provision in this title to the contrary, any refiling of nonforfeiture values or their methods of computation for any previously approved policy form which involves only a change in the interest rate or mortality table used to compute nonforfeiture values shall not require refiling of any other provisions of that policy form. (11) After November 1, 1982, any insurer may file with the Commissioner a written notice of its election to comply with the provisions of this subsection with respect to specified policy forms after a specified date before January 1, 1989, which shall be the operative date of this subsection for such specified policy forms. If an insurer makes no such election, the operative date of this subsection for such insurer shall be January 1, 1989. (f) In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurer based on then estimates of future experience, or in the case of any plan of life insurance which is of such a nature that minimum values cannot be determined by the methods described in subsections (a), (b), (c), (d), or (e) of this Code section, then:

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(1) The Commissioner must be satisfied that the benefits provided under the plan are substantially as favorable to policyholders and insureds as the minimum benefits otherwise required by subsections (a) through (e) of this Code section; (2) The Commissioner must be satisfied that the benefits and the pattern of premiums of that plan are not such as to mislead prospective policyholders or insureds; (3) The cash surrender values and paid-up nonforfeiture benefits provided by such plan must not be less than the minimum values and benefits required for the plan computed by a method consistent with the principles of this Code section, as determined by regulations promulgated by the Commissioner. (g) Any cash surrender value and any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment due at any time other than on the policy anniversary shall be calculated with allowance for the lapse of time and the payment of fractional premiums beyond the last preceding policy anniversary, except that, in the case of industrial insurance, proportionate increases in value may be calculated on the basis of quarter-year payment. All values referred to in subsections (b) through (e) of this Code section may be calculated upon the assumption that any death benefit is payable at the end of the policy year of death. The net value of any paid-up additions, other than paid-up term additions, shall be not less than the amounts used to provide such additions. Notwithstanding subsection (b) of this Code section, additional benefits payable (1) in the event of death or dismemberment by accident or accidental means; (2) in the event of total and permanent disability; (3) as reversionary annuity or deferred reversionary annuity benefits; (4) as term insurance benefits provided by a rider or supplemental policy provision to which, if issued as a separate policy, this Code section would not apply; (5) as term insurance on the life of a child, or on the lives of children provided in a policy on the life of a parent of the child, if the term insurance expires before the child attains age 26, is uniform in amount after the child attains age one and has not become paid up by reason of the death of a parent of the child; or (6) as other policy benefits additional to life insurance and endowment benefits, and premiums for all such additional benefits shall be disregarded in ascertaining cash surrender values and nonforfeiture benefits required by this Code section, and no such additional benefits shall be required to be included in any paid-up nonforfeiture benefits.

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(h) (1) This subsection, in addition to all other applicable subsections of this Code section, shall apply to all policies issued on or after January 1, 1986, except that, with respect to such policies for which the gross premium during the first policy year includes any additional amounts for which no comparable additional benefit is provided during that year, this subsection shall apply to any such policies issued after a specified operative date before January 1, 1986, as defined in subsection (e) of this Code section. Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary shall be in an amount which does not differ by more than two tenths of 1 percent of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten policy years, from the sum of (A) the greater of zero and the basic cash value hereinafter specified and (B) the present value of any existing paid-up additions less the amount of any indebtedness to the insurer under the policy. (2) The basic cash value shall be equal to the present value on such anniversary of the future guaranteed benefits which would have been provided for by the policy, excluding any existing paid-up additions and before deduction of any indebtedness to the insurer, if there had been no default, less the then present value of the nonforfeiture factors, as hereinafter defined, corresponding to premiums which would have fallen due on and after such anniversary; provided, however, that the effects on the basic cash value of supplemental life insurance or annuity benefits or of family coverage, as described in subsection (b) or (d) of this Code section, whichever is applicable, shall be the same as are the effects specified in subsection (b) or (d) of this Code section, whichever is applicable, on the cash surrender values defined in that subsection. (3) The nonforfeiture factor for each policy year shall be an amount equal to a percentage of the adjusted premium for the policy year, as defined in subsection (d) or (e) of this Code section, whichever is applicable. Except as is required by paragraph (4) of this subsection, such percentage: (A) Must be the same percentage for each policy year between the second policy anniversary and the later of (i) the fifth policy anniversary and (ii) the first policy anniversary at

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which there is available under the policy a cash surrender value in an amount, before including any paid-up additions and before deducting any indebtedness, of at least two tenths of 1 percent of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten policy years; and (B) Must be such that no percentage after the later of the two policy anniversaries specified in subparagraph (A) of this paragraph may apply to fewer than five consecutive policy years. (4) Provided, that no basic cash value may be less than the value which would be obtained if the adjusted premiums for the policy, as defined in subsection (d) or (e) of this Code section, whichever is applicable, were substituted for the nonforfeiture factors in the calculation of the basic cash value. (5) All adjusted premiums and present values referred to in this subsection shall for a particular policy be calculated on the same mortality and interest bases as are used in demonstrating the policy's compliance with the other subsections of this Code section. The cash surrender values referred to in this subsection shall include any endowment benefits provided for by the policy. (6) Any cash surrender value available other than in the event of default in a premium payment due on a policy anniversary and the amount of any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment shall be determined in manners consistent with the manners specified for determining the analogous minimum amounts in subsections (a), (b), (c), (e), and (g) of this Code section. The amounts of any cash surrender values and of any paid-up nonforfeiture benefits granted in connection with additional benefits such as those listed as items (1) through (6) in subsection (g) of this Code section shall conform with the principles of this subsection. (i) This Code section shall not apply to any of the following: (1) Reinsurance;

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(2) Group insurance; (3) Pure endowment; (4) Annuity or reversionary annuity contract; (5) Term policy of uniform amount, which provides no guaranteed nonforfeiture or endowment benefits, or renewal thereof, of 20 years or less expiring before age 71, for which uniform premiums are payable during the entire term of the policy; (6) Term policy of decreasing amount, which provides no guaranteed nonforfeiture or endowment benefits, on which each adjusted premium, calculated as specified in subsections (d) and (e) of this Code section, is less than the adjusted premium so calculated on a term policy of uniform amount, or renewal thereof, which provides no guaranteed nonforfeiture or endowment benefits, issued at the same age and for the same initial amount of insurance and for a term of 20 years or less expiring before age 71, for which uniform premiums are payable during the entire term of the policy; nor (7) Policy, which provides no guaranteed nonforfeiture or endowment benefits, for which no cash surrender value, if any, or present value of any paid-up nonforfeiture benefit, at the beginning of any policy year, calculated as specified in subsections (b), (c), (d), and (e) of this Code section, exceeds 2 1/2 percent of the amount of insurance at the beginning of the same policy year. For purposes of determining the applicability of this Code section, the age at expiry for a joint term life insurance policy shall be the age at expiry of the oldest life. (21) By striking Commissioners' Reserve Valuation Method and inserting in lieu thereof Commissioner's reserve valuation method in subsection (b) of Code Section 33-25-5, relating to certain provisions excluding liability for death. (22) By striking subparagraphs (A) or (B) and inserting in lieu thereof subparagraph (A) or (B) of this paragraph in subparagraph (b)(8)(C) of Code Section 33-29-3, relating to required policy provisions.

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(23) By striking subparagraphs (A) or (B) and inserting in lieu thereof subparagraph (A) or (B) of this paragraph in subparagraph (b)(5)(C) of Code Section 33-30-6, relating to blanket accident and sickness policies. (24) By striking Chaper and inserting in lieu thereof chapter in subsection (b) of Code Section 33-34-14, relating to motorcycle liability insurance. (25) By striking assemblying and inserting in lieu thereof assembling in subparagraph (A) of paragraph (7), by striking insurance support and inserting in lieu thereof insurance-support and by striking 33-18, 33-19, 33-20, and 33-21 and inserting in lieu thereof 18, 19, 20, and 21 in paragraph (12), and by striking subsection and inserting in lieu thereof paragraph and deleting of this chapter in paragraph (23) of Code Section 33-39-3, relating to definitions regarding insurance institutions. (26) By striking the semicolon and inserting in lieu thereof a period at the end of paragraph (3) of subsection (a), by adding of this Code section following subsection (a) in subsection (b), by deleting of this chapter in paragraphs (3) and (4) of subsection (b), by adding of this Code section following subsection (b) in subsection (c) and in paragraph (4) of subsection (c) of Code Section 33-39-5, relating to transactions requiring certain notice. (27) By adding of this Code section following subsection (a) in subsection (e) of Code Section 33-39-9, relating to certain requests for recorded personal information. (28) By adding of this Code section following subsection (c) in subparagraph (a)(2)(C), by adding of this Code section following subsection (a) in subsection (b), by striking subsection (c) above and inserting in lieu thereof subsection (c) of this Code section in subsection (d), and by striking subsection (b) above and inserting in lieu thereof subsection (b) of this Code section in paragraph (3) of subsection (d) of Code Section 33-39-10, relating to requests to correct and amend certain recorded personal information. (29) By deleting of this chapter in paragraph (2) of subsection (a) of Code Section 33-39-11, relating to procedures upon certain adverse underwriting decisions.

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(30) By striking in and inserting in lieu thereof an in paragraph (2) of Code Section 33-39-13, relating to limitation of adverse underwriting decisions. (31) By deleting of this chapter in subparagraph (A) of paragraph (1), by striking no and inserting in lieu thereof No, and by striking medical record and inserting in lieu thereof medical-record in subparagraph (A) of paragraph (18) and by striking the and inserting in lieu thereof The in subparagraph (B) of paragraph (18) of Code Section 33-39-14, relating to certain disclosures in insurance transactions. (32) By striking Chapter 33-2 and inserting in lieu thereof Chapter 2 of this title in subsection (c) of Code Section 33-39-16, relating to service of charges and notice of hearing. (33) By deleting of this chapter each time it appears following Code Section 33-39-20 in subsection (c) of Code Section 33-39-18, relating to service of findings and cease and desist orders. (34) By deleting of this chapter in subsection (b) of Code Section 33-39-19, relating to certain monetary penalties. (35) By deleting of this chapter in subsection (a), by deleting of this chapter both times it appears in subsection (b), and by striking the designation (6) and inserting in lieu thereof (e) in Code Section 33-39-21, relating to granting certain equitable relief. Section 34 . Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By striking the date so selected and inserting in lieu thereof the dates so selected in Code Section 34-7-2, relating to payment of wages. (2) By striking computation and inserting in lieu thereof computation in subsection (f) of Code Section 34-8-122, relating to determination of employer contributions to workers' compensation, by striking the heading of the last column from the second table entitled RATE TABLE in subsection (h) of said Code section 34-8-122, which reads as follows:

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The Contri- tion Rate Is (Percent), and inserting in lieu thereof the following: The Contri- bution Rate Is (Percent), and by striking 3.26 and inserting in lieu thereof 3.36 from the last line of the fifth column in the second table entitled RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS in subsection (h) of said Code section. (3) By striking penalties, that, and inserting in lieu thereof penalties that, in paragraph (5) of subsection (c) and by striking 15 days and inserting in lieu thereof 30 days in paragraph (4) of subsection (d) of Code Section 34-8-123, relating to financing of benefits paid employees of nonprofit organizations. (4) By striking United States secretary of labor and inserting in lieu thereof United States Secretary of Labor in divisions (a)(2)(C)(i) and (ii), in subparagraph (a)(5)(A), and in paragraph (7) of subsection (a) of Code Section 34-8-155, relating to eligibility requirements for extended benefits. (5) By striking the integral value of the quotient and inserting in lieu thereof the integer value of the quotient in the first undersignated paragraph of paragraph (3) of Code Section 34-8-158, relating to grounds for disqualification for unemployment benefits. (6) By striking common carriers, by railroad and inserting in lieu thereof common carriers by railroad in subsection (a), by striking trade or commerce nor shall and inserting in lieu thereof trade or commerce; nor shall in said subsection, by striking business, occupation or profession and inserting in lieu thereof business, occupation, or profession in said subsection, by striking person, firm or private and inserting in lieu thereof person, firm, or private in said subsection, and by striking this State and inserting in lieu thereof this state both times that it appears in said subsection of Code Section 34-9-2, relating to the applicability of the workers' compensation chapter generally.

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(7) By striking Code Section 34-9-81.1 and inserting in lieu thereof Code section in Code Section 34-9-81.1, relating to the board of workers' compensation's duty to provide notice to injured workers. (8) By striking in excess in and inserting in lieu thereof in excess of in subsection (a) of Code Section 34-9-108, relating to approval of attorneys' fees by board of workers' compensation. Section 35 . Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows: (1) By striking data gathering and inserting in lieu thereof data-gathering in subparagraph (B) of paragraph (4) and by striking full-time or part-time and inserting in lieu thereof full time or part time in paragraph (6) of Code Section 35-3-30, relating to definitions relative to the Georgia Crime Information Center. (2) By striking well-known, and inserting well-known offenders, following career criminals, in subparagraph (B) of paragraph (1) and by striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (D) of paragraph (1) of Code Section 35-3-33, relating to powers and duties of the Georgia Crime Information Center generally. (3) By striking Investigation full face and inserting in lieu thereof Investigation, full-face in subsection (c) of Code Section 35-3-36, relating to duties of state criminal justice agencies as to submission of fingerprints and photographs to the Georgia Crime Information Center. (4) By striking Code Section 35-3-60, relating to legislative findings relative to the Antiterrorism Task Force, and inserting in lieu thereof a new Code Section 35-3-60 to read as follows: 35-3-60. This article shall be known and may be cited as the Antiterrorism Act. (5) By striking subsection (a) of Code Section 35-3-61, relating to the short title, purpose, and liberal construction of the Antiterrorism Act, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) 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. (6) By striking Code Section 35-3-62, relating to the definition of terroristic acts, in its entirety and inserting in lieu thereof a new Code Section 35-3-62 to read as follows: 35-3-62. As used in this article, the term `terroristic 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 act directed at other persons or their property because of that person's political beliefs or political affiliation. (7) By deleting the comma following the word acts in Code Section 35-3-63, relating to the creation and purpose of the Antiterrorism Task Force. (8) By striking Commissioner of the Department of Offender Rehabilitation and inserting in lieu thereof commissioner of offender rehabilitation in paragraph (1) of subsection (a) of Code Section 35-6A-3, relating to membership of the Criminal Justice Coordinating Council. Section 36 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By deleting and following the semicolon at the end of subparagraph (a)(2)(A) of Code Section 36-35-6, relating to limitations on home rule powers of municipal corporations. (2) By striking project operation and inserting in lieu thereof project in operation in subparagraph (D) of paragraph (2) of Code Section 36-62-2, relating to definitions relative to development authorities.

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(3) By striking subsection (e) of Code Section 36-62-5, relating to the directors of development authorities generally, which reads as follows: (e) (1) The provisions of Code Sections 45-10-3 and 45-10-23 shall apply to all directors of the authority. The provisions of paragraph (9) of Code Section 45-10-3 and Code Section 45-10-23 shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the authority is in any way interested or involved, provided (1) that any interest or involvement by such 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. (2) Nothing contained herein or in Code Sections 45-10-3 and 45-10-23 shall be deemed to prohibit any director who is present at any meeting or who participates in any decision of the authority for providing legal services in connection with any of the undertakings of the authority or from being paid for such services., and inserting in lieu thereof a new subsection (e) to read as follows: (e) (1) (A) The provisions of Code Section 45-10-3 shall apply to all directors of the authority, and a director of the authority shall not engage in any transaction with the authority. (B) The provisions of paragraph (9) of Code Section 45-10-3 and subparagraph (A) of this paragraph shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise

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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. (2) Nothing contained in paragraph (1) of this subsection or in Code Section 45-10-3 shall be deemed to prohibit any director who is present at any meeting or who participates in any decision of the authority from providing legal services in connection with any of the undertakings of the authority or from being paid for such services. (4) By deleting the comma following the word Code in subparagraph (A) of paragraph (2) of Code Section 36-62-9, relating to the purposes of the Development Authorities Law. (5) By striking Code Section 36-62A-1, relating to ethics and conflicts of interest of directors and members of certain authorities generally, which reads as follows: 36-62A-1. (a) Code Section 45-10-3, relating to code of ethics of members of boards, commissions, and authorities, and Code Section 45-10-23, which prohibits members of boards, bureaus, and commissions from contracting with agencies on which they serve as members, shall apply to all directors and members of any downtown development authority created pursuant to Chapter 42 of this title, known as the `Downtown Development Authorities Law,' or of any authority created by or pursuant to a local constitutional amendment, whether for the purpose of promoting the development of trade, commerce, industry, and employment opportunities or for other

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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 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. (b) Nothing contained herein or in Code Sections 45-10-3 and 45-10-23 shall be deemed to prohibit any director who is present at any meeting or who participates in any decision of the authority from providing legal services in connection with any of the undertakings of the authority or from being paid for such services., and inserting in lieu thereof a new Code Section 36-62A-1 to read as follows: 36-62A-1. (a) (1) 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 of Georgia 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

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amendment shall comply with the provisions of Code Section 45-10-3, relating to a code of ethics of members of boards, commissions, and authorities and shall not engage in any transaction with the authority. (2) The provisions of paragraph (9) of Code Section 45-10-3 and of paragraph (1) of this subsection shall be deemed to have been complied with and any such authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or member or any organization or person with which any director or member of said authority is in any way interested or involved, provided (1) that any interest or involvement by such director or member is disclosed in advance to the directors or members of the authority and is recorded in the minutes of the authority, (2) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (3) that no director having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used in this subsection, a `substantial interest 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. (b) Nothing contained in subsection (a) of this Code section or in Code Section 45-10-3 shall be deemed to prohibit any director who is present at 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. (6) By striking Georgia Secutiry Law and inserting in lieu thereof Georgia Securities Law in subsection (a) of Code Section 36-63-11, relating to construction of the Resource Recovery Development Authorities Law. (7) By striking any city officer and inserting in lieu thereof any county officer from the last sentence of paragraph (7) of Code Section 36-81-2, relating to definitions relative to minimum budgeting and auditing requirements for local government.

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(8) By striking two-thirds vote and inserting in lieu thereof two-thirds' vote in subsection (d) and by striking the comma and inserting a semicolon preceding the word provided in subsection (e) of Code Section 36-82-1, relating to the procedure for authorization of bonded debt of local governments. (9) By inserting a comma between municipal corporation and or twice in division (4)(C)(iv) of Code Section 36-82-61, relating to definitions relative to the Revenue Bond Law. (10) By striking municipality and inserting in lieu thereof governmental body in the first sentence of Code Section 36-82-72, relating to construction of Code Sections 36-82-67 through 36-82-71. (11) By striking the period and inserting in lieu thereof a semicolon at the end of paragraph (1), and by striking the period and inserting in lieu thereof ; and at the end of subparagraph (B) of paragraph (2) of Code Section 36-82-140, relating to use of facsimile signatures and seals. Section 37 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended as follows: (1) By striking under under Code Section and inserting in lieu thereof under Code Section in subsection (a) of Code Section 37-3-148, relating to the right of patients in mental health facilities to petition for writ of habeas corpus. (2) By striking Article I, Section I, Paragraph XXIV of the Constitution of Georgia and inserting in lieu thereof Article I, Section I, Paragraph XXVII of the Constitution of the State of Georgia of 1983 in subparagraph (D) of paragraph (5) of Code Section 37-9-2, relating to definitions relative to The Patient Cost of Care Act. Section 38 . Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended as follows: (1) By adding of this Code section following subsection (b) in subsection (c) of Code Section 38-4-6, relating to policy recommendations and appointment of a commissioner by the Veterans Service Board.

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Section 39 . Reserved. Section 40 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows: (1) By striking subsection (b) of Code Section 40-2-72, relating to special license plates for disabled persons, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, `hearing impaired person' shall have the same meaning as defined in Code Section 24-9-101, except that the term `hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended. (2) By striking citizens' band radio and inserting in lieu thereof citizens band radio both times that it appears in subsection (a) of Code Section 40-2-74, relating to special license plates for citizens band radio operators. (3) By adding a second sentence to subsection (b) of Code Section 40-4-21, relating to removal or falsification of identification number, to read as follows: A person convicted of a felony under this subsection shall be punished by a fine of not less than $500.00 nor more than $5,000.00, or by imprisonment for not less than one year nor more than five years, or by both such fine and imprisonment. (4) By redesignating Article 3.1 of Chapter 5 of Title 40, relating to the disposition of drivers' licenses of persons driving under the influence of alcohol or drugs, as enacted by an Act approved March 29, 1983 (Ga. L. 1983, p. 1000), as Article 3A of Chapter 5 of Title 40. (5) By striking an habitual and inserting in lieu thereof a habitual in paragraph (3) of subsection (b) of Code Section 40-5-22, relating to persons not to be licensed.

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(6) By striking Article 3.1 and inserting in lieu thereof Article 3A in subsection (d) of Code Section 40-5-56, relating to suspension of driver's license for failure to respond to a citation. (7) By striking 17-9-95 and inserting in lieu thereof 17-7-95 in subsection (d) of Code Section 40-5-58, relating to revocation of license of habitual violator. (8) By striking an habitual and inserting in lieu thereof a habitual in paragraph (1) of subsection (a) of Code Section 40-5-62, relating to periods of revocation. (9) By striking said Act and inserting in lieu thereof said chapter in subsection (i) of Code Section 40-5-71, relating to applications for and issuance of temporary driving permits. (10) By deleting the comma following 40-5-57 in subsection (a) of Code Section 40-5-84, relating to reinstatement of licenses suspended for certain offenses or points. (11) By striking an habitual and inserting in lieu thereof a habitual in subsection (a) and by adding a comma following 40-5-70 in subsection (b) of Code Section 40-5-121, relating to driving while license suspended or revoked. (12) By striking the period and inserting in lieu thereof ; and at the end of paragraph (2) of subsection (b) of Code Section 40-6-181, relating to maximum speed limits. (13) By adding and the definitions contained in Code Section 40-1-1 between the words chapter and shall in Code Section 40-6-370, relating to uniform state-wide application of this chapter. (14) By adding or of Code Section 40-1-1 following chapter in Code Section 40-6-372, relating to adoption of this chapter by local authorities. (15) By adding or of Code Section 40-1-1 following chapter in Code Section 40-6-373, relating to the effect of future changes in this chapter. (16) By adding or the definitions contained in Code Section 40-1-1 following chapter in the introductory language of Code Section

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40-6-374, relating to the form of adopting an ordinance, and by adding and the definitions contained in Code Section 40-1-1 following Uniform Rules of the Road in Section 1 of the form contained in said Code section. (17) By deleting of the Official Code of Georgia Annotated both times it appears in subsection (f) of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs. (18) By striking notify the defendant that if he fails and inserting in lieu thereof notify the defendant that, if he fails in subsection (d) of Code Section 40-6-391.1, relating to the entry of a plea of nolo contendere to a charge of violating Code Section 40-6-391. (19) By deleting the word and at the end of subparagraph (c)(1)(C), by striking the period and inserting in lieu thereof ; and at the end of subparagraph (c)(1)(D), and by lower-casing the word State in subparagraph (c)(1)(E), of Code Section 40-8-73.1, relating to affixing of materials which obstruct vision into passenger compartment. (20) By striking Georgia Highway Patrol and inserting in lieu thereof Georgia State Patrol in subsection (c) of Code Section 40-8-76, relating to safety belts and safety restraints for children. (21) By striking this subsection and inserting in lieu thereof this Code section in subsection (d) of Code Section 40-9-62, relating to the duration of suspension of a driver's license for nonsatisfaction of judgments. (22) By striking insuror and inserting in lieu thereof insurer both times that it appears in the undesignated paragraph following subsection (b) of Code Section 40-9-103, relating to cooperation by insured with insurer in defense of action under policy. (23) By deleting the third sentence of subsection (a) of Code Section 40-11-4, relating to the lien for removal, storage, and advertising of abandoned motor vehicles, which reads as follows: Any lien acquired under this Code section must be recorded as provided in Code Section 40-3-53.

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(24) By striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (B) of paragraphs (3) and (4) in Code Section 40-11-5, relating to foreclosure of a lien on an abandoned motor vehicle. (25) By inserting a comma preceding provided that and by striking if his address be known and inserting in lieu thereof if his address is known in Code Section 40-12-2, relating to service of process on a nonresident. Section 41 . Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended as follows: (1) By adding a semicolon following the quoted material in paragraph (4) and by striking subparagraph (B) of this Code section and inserting in lieu thereof subparagraph (B) of this paragraph in subparagraph (C) of paragraph (7) of Code Section 41-2-9, relating to the authority of municipalities to adopt ordinances relative to buildings and structures within the municipality. Section 42 . Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By striking Board of Offender Rehabilitation and inserting in lieu thereof board both times it appears in Code Section 42-2-2, relating to the composition and terms of the Board of Offender Rehabilitation. (2) By striking Department of Offender Rehabilitation and inserting in lieu thereof department both times it appears in Code Section 42-5-35, relating to the conferral of police powers upon employees of the Department of Offender Rehabilitation. (3) By striking Department of Offender Rehabilitation and inserting in lieu thereof department in subsection (b) of Code Section 42-5-36, relating to confidentiality of information supplied by inmates or prepared by the Internal Investigations Unit. (4) By striking punishment. Provided, and inserting in lieu thereof punishment; provided, in subsection (a) of Code Section 42-5-58, relating to the prohibition against corporal punishment of inmates.

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(5) By redesignating subsections (a) and (b) as subsections (b) and (a), respectively, in Code Section 42-5-85, relating to leave privileges of inmates serving murder sentences. (6) By striking Board of Offender Rehabilitation and inserting in lieu thereof board wherever such phrase appears in Code Section 42-5-100, relating to the termination of the power of the Board of Offender Rehabilitation to award earned-time allowances to inmates. (7) By striking Department of Offender Rehabilitation and inserting in lieu thereof department in subsection (a) of Code Section 42-8-29.1, relating to the disposition of a probation supervisor's evaluation when a convicted person is committed to a penal institution. (8) By striking State Board of Pardons and Paroles and inserting in lieu thereof board in Code Section 42-9-19, relating to the annual report to the General Assembly. (9) By striking State Board of Pardons and Paroles and inserting in lieu thereof board wherever such phrase appears in Code Section 42-9-60, relating to early paroles for inmates to relieve prison overcrowding, and by striking Clerk of the House and inserting in lieu thereof Clerk of the House of Representatives in subsection (d) of said Code section. Section 43 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By striking To and inserting in lieu thereof Except as otherwise provided by law, to, by inserting director of the between the and Fiscal, and by adding for deposit into the general fund of the state following Services in paragraph (6) of subsection (a) of Code Section 43-1-3, relating to duties of the joint-secretary generally. (2) By deleting which following board, by striking collect and inserting in lieu thereof charge, by inserting and between fee and may, and by deleting and collected twice in Code Section 43-1-7, relating to establishment and collection of certain examination and licensing fees.

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(3) By repealing Code Section 43-1-8, relating to disposition of fees, which reads as follows: 43-1-8. All fees collected by a state licensing and examining board shall be forwarded to the director of the Fiscal Division of the Department of Administrative Services for deposit into the general fund of the state., in its entirety. (4) By deleting the comma between provided and that in paragraph (1) of subsection (a) of Code Section 43-1-15, relating to itinerant entertainers. (5) By striking , nor and inserting in lieu thereof and the joint-secretary shall not in Code Section 43-2-8, relating to continuation of existence of terminated agencies. (6) By striking The commission and inserting in lieu thereof The joint-secretary in subsection (a) and by striking commission and inserting in lieu thereof joint-secretary in subsection (d) of Code Section 43-6-13, relating to license fees of auctioneers. (7) By striking boards and inserting in lieu thereof board in subsection (f), by adding Code between this and section in subsection (g), and by striking board-approved and inserting in lieu thereof board approved in subsection (g) of Code Section 43-10-9, relating to application for certificate of registration. (8) By striking the `Georgia First Offender Act' and inserting in lieu thereof Article 3 of Chapter 8 of Title 42 in the undesignated language following subparagraph (C) of paragraph (4) of subsection (a), by inserting a comma between that and for and between register and a in paragraph (13) of subsection (a), by deleting of the state examining boards in paragraph (1) of subsection (h), by striking said Act and inserting in lieu thereof Chapter 13 of Title 50 in subsection (j), and by striking the period and inserting in lieu thereof a semicolon at the end of subsections (j), (k), (l), and (m) of Code Section 43-11-47, relating to revocation and suspension of dental licenses.

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(9) By inserting a comma after signed and by striking said Act and inserting in lieu thereof Chapter 13 of Title 50 in subsection (a) of Code Section 43-11-48, relating to procedure upon accusation of violation of chapter. (10) By striking the effective date of this chapter and inserting in lieu thereof March 14, 1983, in subsection (a) of Code Section 43-14-3, relating to State Construction Industry Licensing Board. (11) By adding a new subsection immediately following subsection (d) of Code Section 43-18-22, relating to general provisions regarding the State Board of Funeral Service, to be designated subsection (e), to read as follows: (e) No inspector shall own, operate, or be employed by any funeral establishment, but this shall not prohibit any board member from acting as an inspector as authorized in this subsection. The duties, term of appointment, and compensation of inspectors shall be fixed by the board. Members of the board may act as inspectors and when acting as such shall be entitled to receive the same compensation and travel allowances as are paid to inspectors who are not members of the board. (12) By striking subsection (c) of Code Section 43-18-41, relating to qualifications of applicants for funeral directing or embalming licenses, and inserting in lieu thereof a new subsection (c) to read as follows: (c) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have a valid embalmer's license approved by this state; provided, however, that any person who, on February 25, 1976, has registered as an apprentice funeral director with the joint-secretary may, upon completion of 36 months, either full or part time, as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this state, qualify for a funeral director's license; provided, further, that this subsection shall not apply to any person licensed in this state as a funeral director on or before February 25, 1976, nor shall this subsection be construed so as to affect the operations, the manner of operation, or the operator or operators of any funeral establishment in existence on or before February 25, 1976.

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(13) By striking the semicolon and inserting in lieu thereof a period at the end of paragraph (1) of Code Section 43-34-20, relating to definitions of physicians and osteopaths. (14) By striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (a)(2)(B) of Code Section 43-34-103, relating to application by physician for utilization of assistant. (15) By deleting of the state examining boards in paragraph (1) of subsection (g) and by adding Chapter 13 of Title 50, following within the meaning of and striking said Act and inserting in lieu thereof Chapter 13 of Title 50 in subsection (i) of Code Section 43-35-7, relating to denial or sanction of podiatry licenses. (16) By striking said Code provisions and inserting in lieu thereof this chapter in subsections (a), (b), and (c) and by adding a comma following partnership in the last sentence of subsection (c) of Code Section 43-40-10, relating to granting certain brokers' licenses. (16.1) By striking subsection (g) and inserting in lieu thereof subsection (j) in subsection (k) of Code Section 43-40-12, relating to certain real estate license fees. (17) By inserting a period following chapter and by striking and and inserting in lieu thereof The secretary shall in paragraph (6) of Code Section 43-45-8, relating to powers and duties of the State Structural Pest Control Commission. (18) By striking their and inserting in lieu thereof its in subsection (m) of Code Section 43-47-8, relating to making application to board for license. (19) By striking the comma following panels and inserting in lieu thereof and in subparagraph (B) of paragraph (6) of Code Section 43-48-2, relating to definitions regarding used motor vehicle parts. (20) By striking Code Section 43-50-51, relating to definitions regarding veterinary technicians, and inserting in lieu thereof a new Code Section 43-50-51 to read as follows:

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43-50-51. As used in this article, the term: (1) `Direct supervision' means instruction and directions requiring the physical presence of a licensed veterinarian on the premises. (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) `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. (21) By striking the effective date of this Code section and inserting in lieu thereof July 1, 1983, in subsection (c) of Code Section 43-50-52, relating to application for registration as veterinary technician. Section 44 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) By striking Georgia time in the afternoon and inserting in lieu thereof P. M. in subparagraph (B) of paragraph (13) of Code Section 44-3-3, relating to certain land registration statements.

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(2) By striking the comma following discretion in subsection (a) and inserting in lieu thereof a colon and by striking subsection (d) of this Code Section 44-3-7 of this article and inserting in lieu thereof this subsection in paragraph (2) of subsection (d) of Code Section 44-3-7, relating to certain investigations by the commissioner of securities. (3) By striking this Code Section 44-3-13 and inserting in lieu thereof this Code section wherever it appears in subsections (a) and (f) of Code Section 44-3-13, relating to notice of opportunity for certain hearings. (4) By striking and immediately preceding paragraph (2) of subsection (b) and inserting and immediately following the semicolon at the end of subparagraph (b)(1)(C) of Code Section 44-3-83, relating to recording certain plats and plans. (5) By striking Code Section 44-3-131, relating to definitions regarding cemeteries, and inserting in lieu thereof a new Code Section 44-3-131 to read as follows: 44-3-131. 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

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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 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) `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. (10) `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. (11) `Niche' means a space used, or intended to be used, for the interment of the cremated remains of one or more deceased human beings. (12) `Nonperpetual care' means any cemetery which does not offer perpetual care as defined in this Code section. (13) `Perpetual care' means the maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a properly maintained cemetery. In the event that a

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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. (14) `Person' means an individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization. (15) `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. (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) `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. (18) `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

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commission for the sale of said property, lots, rights, burial merchandise, or burial services. (19) `Secretary of State' means the Secretary of State of the State of Georgia. (20) `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. (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. (6) By striking Code Section 44-13-134 of this article and inserting in lieu thereof Code Section 44-3-134 in subsection (c) of Code Section 44-3-132, relating to registration of salespersons. (7) By striking Secretary and inserting in lieu thereof Secretary of State the three times it appears in subsection (b) and by striking Code Section 44-3-147 of this article and inserting in lieu thereof Code Section 44-3-147 in said subsection of Code Section 44-3-133, relating to suspension or revocation of registration of salespersons. (8) By deleting the comma following the date in subparagraph (b)(1)(D); by striking Secretary and inserting in lieu thereof Secretary of State in subparagraph (b)(1)(J); by deleting known as in subparagraph (b)(1)(K); by striking Secretary and inserting in lieu thereof Secretary of State in paragraph (2) of subsection (b); by deleting of this article following Code Section 44-3-131 in paragraph (1) of subsection (c); by striking common trust fund and inserting in lieu thereof common trust funds in division (c)(2)(G)(ii); by striking as provided herein and inserting in lieu thereof as provided in this subsection in paragraph (3) of subsection (c); by striking subsection (b) of Code Section 44-3-134 and inserting in lieu thereof subsection (b) of this Code section and by striking requirements of subsection (b) and inserting in lieu thereof requirements of subsection (b) of this Code section in paragraph (4) of subsection (c); by striking subsection (b) of Code Section 44-3-134 and inserting in lieu thereof subsection (b) of this Code

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section in paragraph (2) of subsection (d), and by striking requirements of subsection (b) and inserting in lieu thereof requirements of subsection (b) of this Code section in said paragraph; by deleting or both, in subparagraph (e)(1)(A); by striking subsection (b) of Code Section 44-3-134 and inserting in lieu thereof subsection (b) of this Code section and by striking requirements of subsection (b) and inserting in lieu thereof requirements of subsection (b) of this Code section in paragraph (2) of subsection (e) of Code Section 44-3-134, relating to registration of dealers and cemeteries. (9) By striking subsection (c) or subsection (d) and inserting in lieu thereof subsection (c) or (d) of Code Section 44-3-134 in subsection (a), by striking subsection (e) and inserting in lieu thereof subsection (e) of Code Section 44-3-134 in said subsection, and by striking Secretary and inserting in lieu thereof Secretary of State in subsection (d) and in paragraphs (1) and (2) of subsection (e) of Code Section 44-3-135, relating to certain filing fees. (10) By striking Secretary and inserting in lieu thereof Secretary of State the five times it appears in subsection (d) and the one time it appears in subsection (e) of Code Section 44-3-136, relating to stop order suspending or revoking a registration. (11) By striking Code Section 44-4-134 and inserting in lieu thereof Code Section 44-3-134 in subsection (a), by striking stability and inserting in lieu thereof stability in subsection (c), by striking Secretary and inserting in lieu thereof Secretary of State in subsection (c), and by deleting of this article following Code Section 44-3-143 in subsection (f) of Code Section 44-3-137, relating to certain separate trust and escrow accounts. (12) By striking Secretary and inserting in lieu thereof Secretary of State each time it appears in subsections (c), (d), and (e) of Code Section 44-3-139, relating to administration of article. (13) By striking Secretary and inserting in lieu thereof Secretary of State the 17 times it appears in Code Section 44-3-140, relating to investigations by the Secretary of State. (14) By striking Article 4 of Chapter 3 of Title 44 and inserting in lieu thereof this article and by striking said article, chapter, and title and inserting in lieu thereof this article in subsection (a) of Code Section 44-3-141, relating to cemetery rules and regulations.

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(15) By striking Secretary and inserting in lieu thereof Secretary of State in subsections (a) and (b), by striking their and inserting in lieu thereof his in paragraph (3) of subsection (a), by striking has been established and inserting in lieu thereof have been established in subsection (d), and by deleting of this article following Code Section 44-3-146 in subsection (f) of Code Section 44-3-143, relating to enforcement of certain cemetery lots. (16) By striking subsection (a), (b) or (d) of Code Section 44-3-142 of this article and inserting in lieu thereof subsection (a), (b), or (d) of Code Section 44-3-142 in subsection (a) of Code Section 44-3-145, relating to civil remedies of certain purchasers. (17) By deleting of this article following Code Section 44-3-147 in subsection (a) and by striking Secretary and inserting in lieu thereof Secretary of State the five times it appears in subsections (a), (b), and (c) of Code Section 44-3-146, relating to judicial appeals of certain orders. (18) By striking Secretary and inserting in lieu thereof Secretary of State the 13 times it appears and by striking Code Section 44-3-147 and inserting in lieu thereof this Code section in subsection (a) of Code Section 44-3-147, relating to certain administrative appeals. (19) By striking Secretary and inserting in lieu thereof Secretary of State the four times it appears in Code Section 44-3-148, relating to effect of consent to service of process. (20) By striking hereunder; and inserting in lieu thereof under this article in paragraph (3) of Code Section 44-3-149, relating to waiver of certain rights or defenses. (21) By deleting of this article following Code Section 44-3-146 in subsection (c) of Code Section 44-3-152, relating to certain pending actions. (22) By striking this Act and inserting in lieu thereof this article in Code Section 44-3-160, relating to the short title of timesharing laws. (23) By striking request and inserting in lieu thereof requests in subparagraph (a)(2)(J) and by deleting the comma

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between July 1 and of in subparagraph (a)(2)(Q) of Code Section 44-3-172, relating to the contents of public offering statements. (23.1) By striking gratuitious and inserting in lieu thereof gratuitous in paragraph (6) of subsection (b) of Code Section 44-3-178, relating to certain public offering statements. (23.2) By striking `will purchaser nondefaulting' and inserting in lieu thereof `will purchase nondefaulting' in Code Section 44-3-190, relating to protection of purchasers from certain blanket encumbrances. (24) By deleting of this article twice in paragraph (1) of subsection (a) of Code Section 44-3-193, relating to applications for time-share registration. (25) By striking gratuitious and inserting in lieu thereof gratuitous in paragraph (6) of Code Section 44-3-197, relating to certain exceptions from registration. (26) By striking have and inserting in lieu thereof has in subsection (d) of Code Section 44-3-201, relating to investigations of developers, agents, or exchange programs. (27) By striking the effective date of this article and its effective date and inserting in lieu thereof, respectively, July 1, 1983, in Code Section 44-3-205, relating to application of certain time-sharing laws. (28) By striking paragraph (4) of Code Section 44-5-113, relating to certain gifts to minors, and inserting in lieu thereof a new paragraph (4) to read as follows:

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(29) By striking descendants or, and inserting in lieu thereof descendants, as provided in Code Section 44-6-23, and, in subsection (b) of Code Section 44-6-24, relating to estates tail. (30) By striking Since the and inserting in lieu thereof Since no in Code Section 44-6-62, relating to effect of defeat of estate on remainder. (31) By deleting and following the semicolon in subparagraph (a)(6)(C) and by striking the period and inserting in lieu thereof ; and at the end of subparagraph (a)(6)(D) of Code Section 44-14-3, relating to cancellation by certain grantees upon payment. (32) By adding a new Code section immediately following Code Section 44-14-42, to be designated Code Section 44-14-42.1, to read as follows: 44-14-42.1. If the possession of real property shall be given to the mortgagee, the mortgagor may redeem at any time within ten years from the last recognition by the mortgagee of such right of redemption. (33) By striking justice and inserting in lieu thereof magistrate in Code Section 44-14-300, relating to filing foreclosure affidavits. (34) By striking paragraph and inserting in lieu thereof subsection in subsection (c) of Code Section 44-14-361.1, relating to declaration and creation of liens. (35) By striking cancelled and inserting in lieu thereof canceled in subparagraph (a)(2)(B), by deleting or at the end of division (a)(2)(B)(i), by deleting the comma following contractor in division (a)(2)(B)(3), and by redesignating divisions (a)(2)(B)(1), (a)(2)(B)(2), and (a)(2)(B)(3) as divisions (a)(2)(B)(i), (a)(2)(B)(ii), and (a)(2)(B)(iii), respectively, in Code Section 44-14-361.2, relating to dissolution of liens. (36) By deleting or at the end of paragraphs (1) and (2) of subsection (a) of Code Section 44-14-361.4, relating to cancellation or expiration of preliminary notice.

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(37) By striking Certified Mail and inserting in lieu thereof certified mail in subsection (b) of Code Section 44-14-411.1, relating to repossessors of motor vehicles being depositories of personal property. Section 45 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By striking six months and inserting in lieu thereof six-months in Code Section 45-2-21, relating to veterans preference on civil service examinations. (2) By striking recipient and inserting in lieu thereof recipients in Code Section 45-3-11, relating to certain oaths required of state employees. (3) By striking Office and inserting in lieu thereof office in Code Section 45-3-31, relating to certain commissioned officers. (4) By striking Code Sections 15-10-2, 15-10-4, and and inserting in lieu thereof Code Section in Code Section 45-6-10, relating to search and seizure of certain books and papers. (5) By striking Revenue Commissioner and inserting in lieu thereof revenue commissioner in paragraph (12) and by striking Superior and inserting in lieu thereof superior in paragraph (20) of subsection (a) of Code Section 45-7-4, relating to salaries of certain state officials. (6) By striking 45-7-20 and inserting in lieu thereof this Code section in Code Section 45-7-20, relating to reimbursement of travel costs for certain officials. (7) By striking article and inserting in lieu thereof part in the introductory language of Code Section 45-10-20, relating to definitions regarding conflicts of interest. (8) By striking paragraphs (1) and (2) of this subsection and inserting in lieu thereof subparagraphs (A) and (B) of this paragraph in subparagraph (C) of paragraph (13) of Code Section 45-10-25, relating to exceptions to prohibitions on transactions with state agencies.

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(9) By striking Subsection 45-10-24(b)(2) and inserting in lieu thereof paragraph (2) of subsection (b) of Code Section 45-10-24 in subsection (a) of Code Section 45-10-26, relating to public officials and employees to file yearly disclosure statements concerning business transactions with the state. (10) By deleting The prosecution and the justice and their witnesses shall have the right to appear and to be heard before the grand jury. in Code Section 45-11-4, relating to malpractice of certain officers. (11) By striking advisors and inserting in lieu thereof advisers in paragraph (5) of Code Section 45-19-22, relating to definitions regarding employment practices. (12) By striking their and inserting in lieu thereof his in paragraph (2) of Code Section 45-19-29, relating to certain unlawful employment practices. (13) By striking and within and inserting in lieu thereof and, within in subsection (a) of Code Section 45-19-36, relating to complaints of unlawful practices. (14) By adding a comma following filed in subsection (a) of Code Section 45-19-37, relating to certain hearings by a special master. (15) By striking its and inserting in lieu thereof their in paragraph (1) and by striking its and inserting in lieu thereof his three times in paragraph (5) of subsection (a) of Code Section 45-19-44, relating to certain unlawful labor practices. (16) By striking their and inserting in lieu thereof his and by striking its and inserting in lieu thereof his each time it appears in paragraph (4) and by striking willfully initiate and inserting in lieu thereof initiate willfully in paragraph (5) of Code Section 45-19-45, relating to certain unlawful conspiracies. (17) By striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (U) of paragraph (15) of Code Section 45-20-2, relating to definitions of merit system generally.

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(18) By striking Undesignted and inserting in lieu thereof Undesignated in Code Section 45-20-54.1, relating to distribution of certain employee funds. Section 46 . Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended as follows: (1) By striking individuals over the age 60 years and inserting in lieu thereof individuals over the age of 60 years in subparagraph (N) of paragraph (8) of Code Section 46-1-1, relating to definitions relative to public utilities and public transportation. (2) By striking contract and inserting in lieu thereof contracts in subsection (c) of Code Section 46-1-2, relating to the measure of damages for wrongs and injuries by railroad companies. (3) By striking actual actual fuel costs and inserting in lieu thereof actual fuel costs in subsection (f) of Code Section 46-2-26, relating to rate changes by utility companies. (4) By striking retrofiting and inserting in lieu thereof retrofitting in subparagraph (b)(3)(A) and by striking purposes any cost of conversion and inserting in lieu thereof purposes any costs of conversion in subsection (h) of Code Section 46-2-26.3, relating to recovery of costs of conversion from oil-burning to coal-burning generating facility. (5) By striking county-owned or -operated and municipality-owned or -operated and inserting in lieu thereof county owned or operated and municipality owned or operated in Code Section 46-3-15, relating to effect of part on charges of public utilities owned or operated by counties or municipalities. (6) By striking Reenergizing and inserting in lieu thereof Deenergizing in paragraph (4) of subsection (a) of Code Section 46-3-32, relating to clearance requirements around high-voltage lines. (7) By striking expend and inserting in lieu thereof expand in subsection (d) of Code Section 46-3-201, relating to existence of electric membership corporations under articles of incorporation.

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(8) By striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (a)(1)(C) of Code Section 46-3-304, relating to actions against directors and officers of electric membership corporations. (9) By striking reflect and inserting in lieu thereof reflects in subsection (b) of Code Section 46-3-382, relating to approval of merger or consolidation by members of electric membership corporations. (10) By striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (E) of paragraph (4) of Code Section 46-3-424, relating to revocation of voluntary dissolution proceedings by electric membership corporations. (11) By deleting the comma following known in Code Section 46-4-50, relating to the Underground Gas Storage Act. (12) By deleting of 1978 from paragraph (4) of Code Section 46-4A-3, relating to definitions relative to provision of energy conservation assistance. (13) By striking avoid, and inserting in lieu thereof avoid in subsection (a) of Code Section 46-5-2, relating to avoiding or attempting to avoid charges for use of telephone, telegraph, or cable television service. (14) By striking (1) and (2) and inserting in lieu thereof (A) and (B) in paragraph (5) of Code Section 46-5-63, relating to powers of cooperatives generally. (15) By striking the State and inserting in lieu thereof the state in Code Section 46-5-74, relating to filing of copies of articles of incorporation with the Secretary of State. (16) By striking the period and inserting in lieu thereof a semicolon at the end of paragraph (2) of Code Section 46-5-88, relating to merger of cooperatives. (17) By striking the periods at the end of paragraphs (2) and (3) and inserting in lieu thereof semicolons and by amending and redesignating the second paragraph (3) of subsection (a) as paragraph (4) of subsection (a) of Code Section 46-5-90, relating to conversion of a telephone corporation into a cooperative, to read as follows:

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(4) The articles of conversion shall be deemed to be the articles of incorporation of the cooperative, and an application for approval thereof, including such articles and the prescribed affidavit, signed and acknowledged by the president or vice-president of the corporation seeking to be converted into a cooperative, shall be presented to and approved by the superior court, or the judge thereof, filed with the clerk of the superior court of the county in which the principal office of the cooperative is to be located and with the Secretary of State, and published in the same manner as an application for original incorporation. The fee to be paid at the time of such filing shall be as described in Code Section 46-5-100. Upon such filing, the conversion shall be deemed to be effective. (18) By striking fire fighting and inserting in lieu thereof fire-fighting in paragraph (3) of Code Section 46-5-122, relating to definitions regarding the emergency telephone number 911 system. (19) By striking firefighting and inserting in lieu thereof fire-fighting in paragraph (6) of subsection (a) of Code Section 46-5-124, relating to implementing state-wide emergency telephone number 911 system. (20) By deleting or at the end of paragraph (3) of Code Section 46-5-141, relating to petition for charter of telephone company. (21) By striking antennae and inserting in lieu thereof antennas in paragraph (1) and by striking Service Area and inserting in lieu thereof Service area in paragraph (6) of Code Section 46-6-2, relating to definitions relative to the Georgia Radio Utility Act. (22) By striking antennae and inserting in lieu thereof antennas in Code Section 46-6-11, relating to construction, operation, and maintenance of antennas and towers. (23) By adding a new Code Section 46-7-39 to read as follows: 46-7-39. In all actions against persons, firms, or corporations operating buses for hire for damages done to persons or property, proof of such injury inflicted by the running of buses of such persons, firms, or corporations shall be prima-facie evidence of the lack of reasonable skill and care on the part of the servants of said persons, firms, or corporations in reference to such injury.

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(24) By inserting a comma preceding upon such payment, in subsection (b) and by striking paragraph 7 of Code Section 46-1-1, and inserting in lieu thereof paragraph (7) of Code Section 46-1-1 in subsection (e) of Code Section 46-7-61, relating to requirements as to registration permits. (25) By striking 47-7-66 and inserting in lieu thereof 46-7-66 in Code Section 46-7-76, relating to applicability of article to carriers engaged in both interstate and intrastate commerce. (26) By striking Greeting and inserting in lieu thereof Greetings and by deleting the quotation marks around the final paragraph of the form in subsection (a) of Code Section 46-8-42, relating to certificate of incorporation of a railroad. (27) By striking company of its board and inserting in lieu thereof company or its board in paragraph (10) of Code Section 46-8-100, relating to general powers of a railroad company. (28) By striking or causes and inserting in lieu thereof or causing in Code Section 46-8-360, relating to definitions relative to wrecking a railroad company. (29) By inserting commas around the phrase which actions seek to recover overcharges accruing on intrastate shipments in Code Section 46-9-6, relating to limitation of actions against common carriers for recovery of overcharges. Section 47 . Reserved. Section 48 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: (1) By striking the effective date of this Code section and inserting in lieu thereof July 1, 1983, both times such phrase appears in subsection (h) of Code Section 48-2-56, relating to liens for taxes. (2) By inserting a comma following party to the covenant and following remainder of the term in subsection (f) and by striking Commissioner and inserting in lieu thereof commissioner in subsections (1) and (m) of Code Section 48-5-7.1, relating to preferential tax assessments for real property devoted to agricultural purposes.

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(3) By deleting the comma preceding according to the United States decennial census whenever such is found in Code Section 48-5-18, relating to the time for making tax returns. (4) By deleting the comma preceding according to the United States decennial census whenever such is found in Code Section 48-5-24, relating to methods of tax payment to the county in which returns are made. (5) By deleting the comma preceding according to the United States decennial census in subsection (b) of Code Section 48-5-45, relating to filing applications for homestead exemptions. (6) By striking Veterans and inserting in lieu thereof Veterans in subsections (a) and (b) of Code Section 48-5-48, relating to application for constitutional homestead exemption by qualified disabled veteran. (7) By deleting the comma following 75,000 in subsection (d) of Code Section 48-5-148, relating to interest on unpaid taxes. (8) By deleting the comma preceding and following according to the United States decennial census of 1970 or any future such census in subsection (e) of Code Section 48-5-180, relating to the rate of commissions allowed tax receivers and tax collectors. (9) By deleting the comma preceding and following according to the United States decennial census or any future such census in subsection (c) of Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners. (10) By deleting the comma following 75,000 in subsection (b) of Code Section 48-5-301, relating to the time for presentation of returns by the tax receiver or tax commissioner. (11) By inserting a comma following except that and by deleting the comma preceding according to the United States decennial census in Code Section 48-5-302, relating to the time for completing revision and assessment of returns. (12) By deleting the comma preceding according to the United States decennial census in paragraphs (2) and (3) of subsection (a) of Code Section 48-5-311, relating to county boards of equalization.

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(13) By deleting the comma following 300,000 in subsection (b) of Code Section 48-5-404, relating to collection of county school taxes. (14) By deleting the comma following 75,000 in subsection (a) of Code Section 48-5-492, relating to issuance of mobile home location permits. (15) By deleting the comma following 75,000 in Code Section 48-5-494, relating to the time for returns and payment of taxes for mobile homes. (16) By striking maintains and inserting in lieu thereof maintain in subsection (a), by inserting a comma between Act and the quotation marks and striking that Act and inserting in lieu thereof that article in subsection (b) of Code Section 48-6-91, relating to the taxation of foreign depository financial institutions as foreign corporations. (17) By striking below and inserting in lieu thereof in paragraphs (2) and (3) of this subsection in paragraph (1) of subsection (b), by striking subsection three times and inserting in lieu thereof paragraph and by striking above and inserting in lieu thereof of this paragraph in subparagraph (b)(1)(E), and by deleting the and following the semicolon at the end of paragraph (1) of subsection (d) of Code Section 48-6-93, relating to local business license taxes for depository financial institutions. (18) By inserting a comma between Georgia and the quotation marks in Code Section 48-6-97, relating to legislative intent regarding credit union taxation. (19) By striking , and specifically the following: and inserting in lieu thereof ; and in paragraph (1) of Code Section 48-6-98, relating to legislative intent to tax depository financial institutions equally. (20) By inserting a comma between Act and the quotation marks in subparagraph (b)(1)(B), by striking ; and and inserting in lieu thereof a period in division (b)(8)(A)(i), by striking section and inserting in lieu thereof Section in division (b)(8)(A)(ii), by striking the period and inserting in lieu thereof a semicolon at the end of division (b)(8)(A)(ii), and by adding and at the end of subparagraph

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(b)(9)(A) of Code Section 48-7-21, relating to taxation of corporate income. (21) By striking Title 48 and inserting in lieu thereof this title both times it appears in Code Section 48-7-29.1, relating to work place modification tax credits. (22) By striking truck tractor and inserting in lieu thereof truck-tractor in division (3)(B)(i), by striking the period and inserting in lieu thereof a semicolon following paragraph (4), by striking the semicolon and inserting in lieu thereof a period following subparagraph (A) of paragraph (7), and by striking the period and inserting in lieu thereof a semicolon following division (7)(B)(iii), subparagraph (D) of paragraph (10), and subparagraph (B) of paragraph (11) of Code Section 48-10-2, relating to annual vehicle license fees. (23) By striking subsection (a) of Code Section 48-10-3.1, relating to temporary vehicle registration permits, and inserting in lieu thereof a new subsection (a) to read as follows: (a) As used in this Code section, the term `vehicle' means any vehicle which is required by the motor vehicle registration laws of this state to be registered prior to being operated on the highways of this state. Section 49 . Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) By striking strenghten and inserting in lieu thereof strengthen in paragraph (1) of subsection (b) of Code Section 49-4-3, relating to establishment of categories of public assistance. (2) By striking self supporting and inserting in lieu thereof self-supporting in subsection (b) of Code Section 49-4-17.1, relating to establishment of pilot community work experience programs. (3) By striking , to wit, and inserting in lieu thereof , to wit: in paragraph (5) of subsection (a) of Code Section 49-5-8, relating to powers and duties of the Department of Human Resources relative to programs for children and youth.

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(4) By striking Peace Officers Annuity and inserting in lieu thereof Peace Officers' Annuity in paragraph (2) of subsection (i) of Code Section 49-5-10, relating to commitment of delinquent or unruly children to the Department of Human Resources. (5) By inserting a comma following department standards in subsection (c) of Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities. (6) By adding of this Code section following subsection (c) in paragraph (1) of subsection (a) of Code Section 49-5-14, relating to fire inspections of day-care homes and centers. (7) By striking management, and where necessary, and inserting in lieu thereof management, and, where necessary, in paragraph (5) of Code Section 49-6-61, relating to definitions relative to community care and services for the elderly. (8) By striking Chairman and inserting in lieu thereof chairman both times that it appears in subsection (g) of Code Section 49-6-62, relating to a community care unit within the Aging Section of the Department of Human Resources. Section 50 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) By striking Act and inserting in lieu thereof Code section in subsection (c) of Code Section 50-5-78, relating to financial interest of department personnel in contracts of state government. (2) By striking the period and inserting in lieu thereof a semicolon at the end of paragraph (2) of Code Section 50-8-34, relating to powers of area planning and development commissions. (3) By striking commissioner of the Department of Industry and Trade and inserting in lieu thereof commissioner of industry and trade in subsection (a) and by deleting Code Section in subsection (b) of Code Section 50-10-3, relating to creation of the Georgia Development Authority. (4) By inserting a comma following indenture in subparagraph (M) of paragraph (3), by striking law and inserting in lieu thereof laws in paragraph (4), by striking sewerage and inserting

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in lieu thereof sewage and striking devises and inserting in lieu thereof devices in subparagraph (B) of paragraph (5), and by striking sewage and inserting in lieu thereof sewerage in paragraph (6) of Code Section 50-10-4, relating to definitions concerning the Georgia Development Authority. (5) By striking Georgia Deposit Insurance Corporation and inserting in lieu thereof Georgia deposit insurance corporation wherever it appears in subparagraph (d)(11)(E), by striking Atlanta of Georgia and inserting in lieu thereof Atlanta, Georgia in subparagraph (d)(11)(E), and by striking extension of credit of loans and inserting in lieu thereof extension of credit or loans in paragraph (20) of subsection (d) of Code Section 50-10-5, relating to the corporate powers and purposes of the Georgia Development Authority. (6) By striking paragraphs (1) and (2) of subsection (b) of Code Section 50-10-6, relating to loans to local governments for water supply and sewerage projects, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows: (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

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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; (7) By striking all of a specified portion and inserting in lieu thereof all or a specified portion in paragraph (2) of subsection (f) of Code Section 50-10-7, relating to lease agreements with local governments for water supply and sewerage projects. (8) By striking act and inserting in lieu thereof chapter in Code Section 50-10-9, relating to statutory review and approval of projects by the Environmental Protection Division. (9) By striking is now or hereafter and inserting in lieu thereof are now or hereafter in Code Section 50-10-10, relating to the bonds of the Georgia Development Authority as legal investments. (10) By striking 1982 and inserting in lieu thereof 1983 in Code Section 50-10-17, relating to the approval of bonds and obligations by the Georgia State Financing and Investment Commission. (11) By striking Senate departments and agencies and inserting in lieu thereof State departments and agencies in paragraph (2) of subsection (a) of Code Section 50-11-10, relating to the distribution and sale of bound volumes of laws and journals. (12) By striking of the State and inserting in lieu thereof of the state in paragraph (1) and by striking ratified at the 1982 general election and inserting in lieu thereof of 1983 in paragraph (2) of Code Section 50-17-21, relating to definitions concerning the Georgia State Financing and Investment Commission. (13) By striking provided for above and inserting in lieu thereof provided for in paragraph (1) of this subsection in paragraph (2) of subsection (e), by deleting either in term of chambers in said paragraph, and by striking prescribed herein and inserting in lieu thereof prescribed in this paragraph in said paragraph of Code Section 50-17-25, relating to the procedures for issuance of public debt. (14) By deleting county, in paragraph (2) of Code Section 50-18-91, relating to definitions concerning state records management.

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(15) By striking annual and inserting in lieu thereof biennial in subsection (c) of Code Section 50-20-3, relating to nonprofit corporations required to make reports and agreements. (16) By striking now existing or hereafter and inserting existing on April 12, 1982, or thereafter in subsection (a) and by striking now or hereafter and inserting permitted on April 12, 1982, or thereafter in subsection (b) of Code Section 50-21-1, relating to the waiver of sovereign immunity as to actions ex contractu. Section 51 . Reserved. Section 52 . Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended as follows: (1) By striking he institution and inserting in lieu thereof the institution in the last sentence of Code Section 52-2-26, relating to remedies of bondholders of the Georgia Ports Authority. (2) By adding a comma between law enforcement and or dam operation in the introductory language of subsection (b) of Code Section 52-7-13, relating to boating safety zones. (3) By striking referred to Code Section 52-10-2 and inserting in lieu thereof referred to in Code Section 52-10-2 in Code Section 52-10-4, relating to the authority of public corporations to establish and operate foreign trade zones. Section 53 . Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended as follows: (1) By striking receptable and inserting in lieu thereof receptacle in Code Section 53-6-2, relating to entry of safe-deposit boxes on the authorization of a fiduciary. (2) By inserting after the first sentence of Code Section 53-7-75, relating to the duty of an administrator or executor to make an inventory, the following: The inventory of the estate shall be filed with the judge of the probate court within four months after the qualification of the administrator or executor.

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(3) By striking quit claim and inserting in lieu thereof quitclaim in paragraph (1) of Code Section 53-12-50, relating to definitions concerning the creation by deed of beneficial interests in property. (4) By striking Title 31 and inserting in lieu thereof Title 36 in subsection (b) of Code Section 53-13-56, relating to investments by trustees in certain validated bonds. (5) By striking are filed in his office and inserting in lieu thereof is filed in his office in Code Section 53-13-121, relating to service upon the Secretary of State of process for foreign trustees. (6) By striking Chapter 13 and inserting in lieu thereof this chapter in Code Section 53-13-124, relating to the removal and replacement of certain foreign trustees. (7) By striking common law and inserting in lieu thereof common-law in subsection (b) of Code Section 53-15-2, relating to the effect on existing powers of an incorporation of powers by reference in a will or trust instrument. (8) By deleting the subsection designation (a) in Code Section 53-15-3, relating to powers which may be incorporated by reference. (9) By deleting the comma preceding and following or one copy with 50 per page for photostating the other copy in subsection (a) of Code Section 53-16-5, relating to service upon the Secretary of State of process for foreign corporations acting in a fiduciary capacity. Section 54 . 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 1983 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,

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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. Material which has been added in brackets within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. 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 1984 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section. Section 55 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 56 . All laws and parts of laws in conflict with this Act are repealed. Approved February 3, 1984.

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COUNTIESEXTENT OF TERRITORIAL JURISDICTION. Code Section 36-1-2 Amended. No. 581 (House Bill No. 1032). AN ACT To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to local governments and counties, so as to change the provisions relating to the extent of jurisdiction of counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to local governments and counties, is amended by striking Code Section 36-1-2, relating to the extent of jurisdiction of counties divided by water, and inserting in lieu thereof a new Code Section 36-1-2 to read as follows: 36-1-2. Whenever a stream of water is the boundary of a county, the jurisdiction of the county shall extend to the center of the main channel of the stream, provided that whenever a stream of water is the boundary of a county and such stream or a bank thereof is the boundary of the State of Georgia, the jurisdiction of the county shall extend to that point which is the boundary of the state. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved February 3, 1984.

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FEES FOR TRANSFER OF REAL PROPERTY SUBJECT TO SECURITY DEED. Code Section 44-14-65 Repealed. No. 583 (House Bill No. 1034). AN ACT To repeal Code Section 44-14-65 of the Official Code of Georgia Annotated, relating to fees for transfer of real property covered by deed to secure debt; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 44-14-65 of the Official Code of Georgia Annotated, relating to fees for transfer of real property covered by deed to secure debt, which reads as follows: 44-14-65. When the grantor of a deed to secure debt transfers the real property securing the debt to a third party and the grantor is relieved from liability on the obligation of the deed to secure debt, a transfer fee not to exceed 1 percent of the outstanding loan balance on the deed to secure debt may be charged such grantor. In any such transfer, when the grantor is not relieved from liability on the obligation of the deed to secure debt, such transfer fee may not exceed $75.00 or one-half of 1 percent of the outstanding loan balance, whichever amount is greater., is repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 3, 1984.

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ELECTIONSGEORGIA ELECTION CODE AMENDED. Code Title 21 Amended. No. 584 (House Bill No. 1155). 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 and in Acts of the General Assembly amending 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 provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows: (1) By striking Judge of the Court of Appeals, and Justice of the Supreme Court and inserting in lieu thereof Judge of the Court of Appeals, or Justice of the Supreme Court and by striking subsections (c) and (e) and inserting in lieu thereof subsections (c) and (e) of this Code section in subsection (b) of Code Section 21-2-132, relating to filing a notice of candidacy. (2) By striking Judge of the Court of Appeals, and Justice of the Supreme Court and inserting in lieu thereof Judge of the Court of Appeals, or Justice of the Supreme Court in subsection (b) of Code Section 21-2-135, relating to designation of a specific office sought on certain ballots.

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(3) By striking Judge of the Court of Appeals, and Justice of the Supreme Court and inserting in lieu thereof Judge of the Court of Appeals, or Justice of the Supreme Court in Code Section 21-2-138, relating to nonpartisan election for judicial offices. (4) By striking Judge of the Court of Appeals, and Justice of the Supreme Court and inserting in lieu thereof Judge of the Court of Appeals, or Justice of the Supreme Court in subsection (b) of Code Section 21-2-150, relating to dates of certain primaries. (5) By striking Judge of the Court of Appeals, and Justice of the Supreme Court and inserting in lieu thereof Judge of the Court of Appeals, or Justice of the Supreme Court in subsection (b) of Code Section 21-2-151, relating to authorization for certain primaries. (6) By striking registrats and inserting in lieu thereof registrar's in subsection (e) of Code Section 21-2-217, relating to form of registration cards. (7) By striking multi-family and inserting in lieu thereof multifamily in subsection (f) and by deleting the comma following buildings and adding a comma between centers and and in said subsection of Code Section 21-2-218, relating to county boards of registrars. (8) By striking law and inserting in lieu thereof article in subsection (c) of Code Section 21-2-231, relating to registration of electors. (9) By striking Justice Department and inserting in lieu thereof Department of Justice in paragraph (2) of subsection (d) of Code Section 21-2-261.1, relating to certain requirements for voting precincts. (10) By striking Judge of the Court of Appeals, and Justice of the Supreme Court and inserting in lieu thereof Judge of the Court of Appeals, or Justice of the Supreme Court in Code Section 21-2-284.1, relating to form of nonpartisan primary ballots. (11) By striking Judge of the Court of Appeals, and Justice of the Supreme Court and inserting in lieu thereof Judge of the Court of Appeals, or Justice of the Supreme Court in Code Section 21-2-285.1, relating to form of nonpartisan election ballots.

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(12) By striking Judge of the Court of Appeals, and Justice of the Supreme Court and inserting in lieu thereof Judge of the Court of Appeals, or Justice of the Supreme Court in subsection (g) of Code Section 21-2-325, relating to form of ballot labels generally. (13) By adding of this Code section following paragraph (2) in paragraph (3) of Code Section 21-2-350, relating to general requirements as to vote recorders. (14) By striking vice-president and inserting in lieu thereof Vice President in paragraph (4) of subsection (c) of Code Section 21-2-435, relating to procedure regarding marking and depositing ballots. (15) By striking electors' wherever it appears and inserting in lieu thereof electors in Code Section 21-2-436, relating to duties of poll officers after the close of the polls. (16) By striking section and inserting in lieu thereof Section in subparagraph (C) of paragraph (31) of Code Section 21-3-2, relating to definitions. (17) By designating the first paragraph as subsection (a) and by designating the second paragraph as subsection (b) in Code Section 21-3-10, relating to municipal authorization of counties to conduct certain elections. (18) By deleting the designation (a) from Code Section 21-3-31, relating to powers and duties of municipal superintendents generally. (19) By striking registrars' and inserting in lieu thereof registrar's in subsection (c) of Code Section 21-3-121, relating to qualifications of registrars and deputy registrars. (20) By striking Justice Department and inserting in lieu thereof Department of Justice in paragraph (2) of subsection (d) of Code Section 21-3-161.1, relating to requirements for voting precincts established or altered on or after July 1, 1983.

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(22) By adding a comma between holder) and (name in the ballot contained in subsection (e) of Code Section 21-4-12, relating to holding recall elections. (23) By deleting the designation (a) from Code Section 21-5-7, relating to duties of certain campaign committee 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 February 3, 1984. SUPPLEMENTARY APPROPRIATIONS ACT. Ga. Laws 1983, p. 1603 Amended. No. 589 (House Bill No. 965). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1983-84 known as the General Appropriations Act, approved April 5, 1983 (Ga. L. 1983, p. 1603), so as to change the revenue estimate and certain appropriations for the State Fiscal Year 1983-84; 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: An Act providing appropriations for the State Fiscal Year 1983-84, known as the General

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Appropriations Act, approved April 5, 1983 (Ga. L. 1983, p. 1603), 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, 1983, and ending June 30, 1984, as prescribed hereinafter for such State Fiscal Year, from the General Funds of the State, including unappropriated surplus, reserves and a State fund revenue estimate of $3,935,000,000 for State Fiscal Year 1984. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch . Budget Unit: Legislative Branch $ 16,198,297 Operations $ 16,198,297 Total Funds Budgeted $ 16,198,297 State Funds Budgeted $ 16,198,297 Budget Unit Object Classes : Operations $ 16,198,297 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 $ 6,033,562 1. Operations $ 6,217,892 Total Funds Budgeted $ 6,217,892 State Funds Budgeted $ 5,683,562 2. Tax Ratio Study $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Budget Unit Object Classes : Operations $ 6,217,892 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 $ 2,783,268 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 $ 22,494,142 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 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, $488,744 is designated and committed for the Prosecuting Attorneys' Council for operations and $101,924 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 $ 3,104,662 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. Administrative Office of the Courts . Budget Unit: Administrative Office of the Courts $ 718,842 Administrative Office of the Courts $ 419,917 Case Counting $ 68,925 Institute for Continuing Judicial Education $ 230,000 Total Funds Budgeted $ 718,842 State Funds Budgeted $ 718,842 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: $ 16,870 For the cost of operating the Board of Court Reporting. Total Positions Budgeted 1 Section 10. Council of Juvenile Court Judges . Budget Unit: $ 110,595 For the cost of operating the Council of Juvenile Court Judges. Total Positions Budgeted 3 Section 11. Georgia Magistrate Courts Training Council . Budget Unit: $ 15,060 For the cost of operating the Georgia Magistrate Courts Training Council. Total Positions Budgeted 0 Section 12. Georgia Judicial Administrative Districts . Budget Unit: $ 523,028 For the cost of operating the Georgia Judicial Administrative Districts. It is the intent of this General Assembly that the funds appropriated herein to the Judicial Administrative Districts shall be budgeted to the ten districts by the Chairman of the Judicial Council. Total Positions Budgeted 20 PART III. EXECUTIVE BRANCH Section 13. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 29,397,140 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 $ 14,200 Total Funds Budgeted $ 277,425 State Funds Budgeted $ 277,425 Total Positions Budgeted 6 2. Departmental Administration Budget: Personal Services $ 1,152,523 Regular Operating Expenses $ 122,901 Travel $ 11,045 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,000 Equipment Purchases $ 1,283 Computer Charges $ 23,000 Real Estate Rentals $ 231,927 Telecommunications $ 21,354 Per Diem, Fees and Contracts $ -0- Direct Payments to Georgia Building Authority for Capital Outlay $ 100,000 Direct Payments to Georgia Building Authority for Operations $ 177,369 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Total Funds Budgeted $ 2,702,402 State Funds Budgeted $ 2,702,402 Total Positions Budgeted 42 3. Treasury and Fiscal Administration Budget: Personal Services $ 894,425 Regular Operating Expenses $ 98,218 Travel $ 5,940 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,400 Equipment Purchases $ 1,196 Computer Charges $ 5,776,013 Real Estate Rentals $ 79,189 Telecommunications $ 17,599 Per Diem, Fees and Contracts $ -0- Unemployment Compensation Reserve $ 11,468 Public Safety Officers Indemnification Fund $ 216,800 Total Funds Budgeted $ 7,110,248 State Funds Budgeted $ 4,512,170 Total Positions Budgeted 29 4. Central Supply Administration Budget: Personal Services $ 258,782 Regular Operating Expenses $ 333,962 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,450 Computer Charges $ -0- Real Estate Rentals $ 65,503 Telecommunications $ -0- Per Diem, Fees and Contracts $ 800 Materials for Resale $ 6,517,830 Utilities $ -0- Total Funds Budgeted $ 7,178,327 Total Expenditures Authorized $ 7,178,327 State Funds Budgeted $ -0- Total Positions Budgeted 15 5. Procurement Administration Budget: Personal Services $ 1,252,913 Regular Operating Expenses $ 116,592 Travel $ 8,650 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 35,500 Equipment Purchases $ 825 Computer Charges $ 202,755 Real Estate Rentals $ 199,749 Telecommunications $ 38,735 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,855,719 State Funds Budgeted $ 1,855,719 Total Positions Budgeted 50 6. General Services Administration Budget: Personal Services $ 304,494 Regular Operating Expenses $ 8,091 Travel $ 6,550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,300 Equipment Purchases $ 200 Computer Charges $ 19,747 Real Estate Rentals $ 40,734 Telecommunications $ 23,366 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 413,482 Total Expenditures Authorized $ 413,482 State Funds Budgeted $ -0- Total Positions Budgeted 11 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 $ 2,500 Real Estate Rentals $ 25,650 Telecommunications $ 4,348 Per Diem, Fees and Contracts $ -0- Materials for Resale $ -0- Total Funds Budgeted $ 313,872 State Funds Budgeted $ 313,872 Total Positions Budgeted 10 8. Data Processing Services Budget: Personal Services $ 17,671,805 Regular Operating Expenses $ 1,457,751 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 $ 20,602,895 Real Estate Rentals $ 1,785,745 Telecommunications $ 311,779 Payments to DOAS Fiscal Administration $ 2,457,662 Per Diem, Fees and Contracts $ 433,800 Total Funds Budgeted $ 45,608,182 Total Expenditures Authorized $ 45,608,182 State Funds Budgeted $ 13,669,742 Total Positions Budgeted 664 9. Motor Pool Services Budget: Personal Services $ 398,502 Regular Operating Expenses $ 1,485,671 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 $ 2,500 Total Funds Budgeted $ 2,193,893 Total Expenditures Authorized $ 2,193,893 State Funds Budgeted $ -0- Total Positions Budgeted $ 23 10. Communication Services Budget: Personal Services $ 2,618,649 Regular Operating Expenses $ 378,762 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 68,770 Publications and Printing $ 58,770 Equipment Purchases $ 56,000 Computer Charges $ 164,606 Real Estate Rentals $ 193,463 Telecommunications $ 385 Per Diem, Fees and Contracts $ 30,000 Telephone Billings $ 29,101,171 Total Funds Budgeted $ 32,681,576 Total Expenditures Authorized $ 32,681,576 State Funds Budgeted $ 6,000,000 Total Positions Budgeted 109 11. Printing Services Budget: Personal Services $ 1,498,336 Regular Operating Expenses $ 1,528,187 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- Materials for Resale $ 400,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 3,699,732 Total Expenditures Authorized $ 3,699,732 State Funds Budgeted $ -0- Total Positions Budgeted $ 70 12. Surplus Property Services Budget: Personal Services $ 782,855 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 $ 27,512 Total Funds Budgeted $ 1,189,561 State Funds Budgeted $ -0- Total Positions Budgeted 40 13. Mail and Courier Services Budget: Personal Services $ 170,557 Regular Operating Expenses $ 118,877 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 $ 313,091 Total Expenditures Authorized $ 313,091 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 $ 85,053 Real Estate Rentals $ 69,377 Telecommunications $ 15,052 Materials for Resale $ -0- Per Diem, Fees and Contracts $ 20,000 Total Funds Budgeted $ 885,537 Total Expenditures Authorized $ 885,537 State Funds Budgeted $ -0- Total Positions Budgeted 24 15. Health Planning Review Board 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 $ 65,810 Capital Outlay $ -0- Total Funds Budgeted $ 65,810 State Funds Budgeted $ 65,810 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 28,115,901 Regular Operating Expenses $ 5,972,716 Travel $ 163,534 Motor Vehicle Equipment Purchases $ 372,270 Publications and Printing $ 507,370 Equipment Purchases $ 375,859 Computer Charges $ 6,580,174 Real Estate Rentals $ 2,884,013 Telecommunications $ 450,203 Per Diem, Fees and Contracts $ 579,110 Rents and Maintenance Expense $ 20,602,895 Utilities $ 27,512 Unemployment Compensation Reserve $ 11,468 Payments to DOAS Fiscal Administration $ 2,457,662 Direct Payments to Georgia Building Authority for Capital Outlay $ 100,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Direct Payments to Georgia Building Authority for Operations $ 177,369 Telephone Billings $ 29,101,171 Materials for Resale $ 6,942,830 Public Safety Officers Indemnity Fund $ 216,800 Total Positions Budgeted 1,103 Authority 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 $ 413,482 Data Processing Service $ 43,438,440 Motor Pool Service $ 2,193,893 Communication Services $ 32,681,576 Printing Services $ 3,699,732 Total $ 82,427,123 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 Administration 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 $ 11,794,652 Regular Operating Expenses $ 3,003,425 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 18,140 Publications and Printing $ 62,000 Equipment Purchases $ 86,053 Computer Charges $ -0- Real Estate Rentals $ 46,052 Telecommunications $ 69,200 Per Diem, Fees and Contracts $ 87,500 Capital Outlay $ 100,000 Authority Lease Rentals $ 653,234 Utilities $ 6,290,000 Facilities Renovations and Repairs $ -0- Total Funds Budgeted $ 22,214,256 State Funds Budgeted $ -0- Total Positions Budgeted $ 518 Budget Unit Object Classes : Personal Services $ 11,794,652 Regular Operating Expenses $ 3,003,425 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 18,140 Publications and Printing $ 62,000 Equipment Purchases $ 86,053 Computer Charges $ -0- Real Estate Rentals $ 46,052 Telecommunications $ 69,200 Per Diem, Fees and Contracts $ 87,500 Capital Outlay $ 100,000 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 $ 22,457,583 1. Plant Industry Budget: Personal Services $ 3,481,111 Regular Operating Expenses $ 333,638 Travel $ 120,000 Motor Vehicle Equipment Purchases $ 56,448 Publications and Printing $ 27,755 Equipment Purchases $ 45,950 Computer Charges $ -0- Real Estate Rentals $ 2,553 Telecommunications $ 43,834 Per Diem, Fees and Contracts $ 11,584 Total Funds Budgeted $ 4,122,873 State Funds Budgeted $ 3,645,606 Total Positions Budgeted 167 2. Animal Industry Budget: Personal Services $ 1,260,749 Regular Operating Expenses $ 124,318 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 $ 452,741 Tifton Veterinary Laboratory Contract $ 836,580 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton $ 998,542 Veterinary Fees $ 510,000 Indemnities $ 68,000 Total Funds Budgeted $ 4,470,629 State Funds Budgeted $ 4,130,798 Total Positions Budgeted 54 3. Marketing Budget: Personal Services $ 997,782 Regular Operating Expenses $ 153,350 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 $ 1,346,760 State Funds Budgeted $ 1,341,760 Total Positions Budgeted 40 4. Major Markets Budget: Personal Services $ 1,924,227 Regular Operating Expenses $ 739,107 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 $ 2,876,537 State Funds Budgeted $ 64,145 Total Positions Budgeted 106 5. General Agricultural Field Forces Budget: Personal Services $ 2,199,194 Regular Operating Expenses $ 107,674 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 $ 2,575,222 State Funds Budgeted $ 2,575,222 Total Positions Budgeted 109 6. Internal Administration Budget: Personal Services $ 1,414,275 Regular Operating Expenses $ 267,731 Travel $ 25,000 Motor Vehicle Equipment Purchases $ 29,224 Publications and Printing $ 13,000 Equipment Purchases $ 6,000 Computer Charges $ 161,099 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 $ 271,280 Total Funds Budgeted $ 2,821,790 State Funds Budgeted $ 2,754,099 Total Positions Budgeted 56 7. Information and Education Budget: Personal Services $ 175,058 Regular Operating Expenses $ 13,870 Travel $ 550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 401,960 Equipment Purchases $ 1,550 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 6,781 Per Diem, Fees and Contracts $ -0- Market Bulletin Postage $ 526,000 Total Funds Budgeted $ 1,125,769 State Funds Budgeted $ 1,125,769 Total Positions Budgeted 9 8. Fuel and Measures Standards Budget: Personal Services $ 1,388,136 Regular Operating Expenses $ 245,847 Travel $ 85,100 Motor Vehicle Equipment Purchases $ 32,194 Publications and Printing $ 6,000 Equipment Purchases $ 172,800 Computer Charges -0- Real Estate Rentals $ -0- Telecommunications $ 16,077 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,946,154 State Funds Budgeted $ 1,782,154 Total Positions Budgeted 71 9. Consumer Services Budget: Personal Services $ 708,041 Regular Operating Expenses $ 63,813 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 $ 862,288 State Funds Budgeted $ 862,288 Total Positions Budgeted 27 10. Consumer Protection Field Forces Budget: Personal Services $ 3,282,856 Regular Operating Expenses $ 125,889 Travel $ 160,000 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 $ 3,682,337 State Funds Budgeted $ 2,915,981 Total Positions Budgeted 128 11. Meat Inspection Budget: Personal Services $ 2,753,870 Regular Operating Expenses $ 77,750 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 $ 3,177,664 State Funds Budgeted $ 1,259,761 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 $ 19,778,269 Regular Operating Expenses $ 2,256,687 Travel $ 820,850 Motor Vehicle Equipment Purchases $ 416,505 Publications and Printing $ 492,515 Equipment Purchases $ 257,045 Computer Charges $ 161,099 Real Estate Rentals $ 592,546 Telecommunications $ 324,780 Per Diem, Fees and Contracts $ 255,254 Market Bulletin Postage $ 526,000 Athens Veterinary Laboratory Contract $ 452,741 Tifton Veterinary Laboratory Contract $ 836,580 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton $ 998,542 Veterinary Fees $ 510,000 Indemnities $ 68,000 Advertising Contract $ 95,000 Payments to Georgia Agrirama Development Authority for Operations $ 271,280 Renovation, Construction Repairs and Maintenance Projects at Major and Minor Markets $ 75,000 Contract - Federation of Southern Cooperatives $ 20,000 Total Positions Budgeted 897 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 Renovation, Construction, Repairs and Maintenance Projects at 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 testing fees for export swine and cattle only, which fees shall be reasonable. B. Budget Unit: Georgia Agrirama Development Authority $ -0- Georgia Agrirama Development Authority Budget: Personal Services $ 438,282 Regular Operating Expenses $ 98,930 Travel $ 6,275 Motor Vehicle Equipment Purchases $ 9,265 Publications and Printing $ 6,925 Equipment Purchases $ 3,650 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 6,000 Per Diem, Fees and Contracts $ 24,000 Capital Outlay $ 288,800 Goods for Resale $ 89,600 Total Funds Budgeted $ 971,727 State Funds Budgeted $ -0- Total Positions Budgeted 27 Budget Unit Object Classes : Personal Services $ 438,282 Regular Operating Expenses $ 98,930 Travel $ 6,275 Motor Vehicle Equipment Purchases $ 9,265 Publications and Printing $ 6,925 Equipment Purchases $ 3,650 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 6,000 Per Diem, Fees and Contracts $ 24,000 Capital Outlay $ 288,800 Goods for Resale $ 89,600 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 $ 3,509,087 Administration and Examination Budget: Personal Services $ 2,910,325 Regular Operating Expenses $ 145,297 Travel $ 252,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,550 Equipment Purchases $ 5,700 Computer Charges $ 9,150 Real Estate Rentals $ 127,800 Telecommunications $ 37,265 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 3,509,087 State Funds Budgeted $ 3,509,087 Total Positions Budgeted 102 Budget Unit Object Classes : Personal Services $ 2,910,325 Regular Operating Expenses $ 145,297 Travel $ 252,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,550 Equipment Purchases $ 5,700 Computer Charges $ 9,150 Real Estate Rentals $ 127,800 Telecommunications $ 37,265 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 $ 4,619,257 1. Executive and Administrative Budget: Personal Services $ 555,074 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 $ 5,940 Multi-State Transportation Board $ -0- Contracts with Area Planning and Development Commissions $ 1,244,025 Grants for Revitalization Projects $ 50,000 Special Grants $ 10,000 Local Assistance Grants $ 335,000 Total Funds Budgeted $ 2,317,906 State Funds Budgeted $ 2,249,287 Total Positions Budgeted 18 2. Technical Assistance Budget: Personal Services $ 710,411 Regular Operating Expenses $ 22,275 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 $ 1,879,207 State Funds Budgeted $ 815,440 Total Positions Budgeted 24 3. Community and Economic Development Budget: Personal Services $ 742,790 Regular Operating Expenses $ 20,920 Travel $ 45,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,000 Equipment Purchases $ 350 Computer Charges $ -0- Real Estate Rentals $ 54,579 Telecommunications $ 20,900 Per Diem, Fees and Contracts $ 5,000 Economic Development Grants $ 180,000 Community Development Block Grants (Federal) $ 42,000,000 Total Funds Budgeted $ 43,079,039 State Funds Budgeted $ 24 4. Intergovernmental Assistance Budget: Personal Services $ 658,858 Regular Operating Expenses $ 14,493 Travel $ 23,710 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,950 Equipment Purchases $ -0- Computer Charges $ 5,600 Real Estate Rentals $ 41,481 Telecommunications $ 17,100 Per Diem, Fees and Contracts $ 3,180 Appalachian Regional Commission Assessment $ 89,777 Appalachian Regional Commission Matching Grants $ 25,000 Appalachian Regional Commission Grants (Federal) $ 8,500,000 Total Funds Budgeted $ 9,395,149 State Funds Budgeted $ 702,862 Total Positions Budgeted 19 Budget Unit Object Classes : Personal Services $ 2,667,133 Regular Operating Expenses $ 95,788 Travel $ 118,460 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 40,600 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 $ 5,940 Contracts with Area Planning and Development Commissions $ 1,244,025 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 $ 180,000 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 Section 17. Office of Comptroller General . Budget Unit: Office of Comptroller General $ 6,031,984 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 $ 1,000 Computer Charges $ 128,304 Real Estate Rentals $ 114,189 Telecommunications $ 21,893 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 926,253 State Funds Budgeted $ 906,253 Total Positions Budgeted 20 2. Insurance Regulation Budget: Personal Services $ 1,084,042 Regular Operating Expenses $ 67,891 Travel $ 5,683 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 95,000 Equipment Purchases $ -0- Computer Charges $ 68,110 Real Estate Rentals $ 144,925 Telecommunications $ 24,909 Per Diem, Fees and Contracts $ 5,000 Total Funds Budgeted $ 1,495,560 State Funds Budgeted $ 1,409,566 Total Positions Budgeted 52 3. Industrial Loans Regulation Budget: Personal Services $ 375,212 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 $ 467,465 State Funds Budgeted $ 467,465 Total Positions Budgeted 13 4. Information and Enforcement Budget: Personal Services $ 1,055,612 Regular Operating Expenses $ 40,202 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 $ 1,289,772 State Funds Budgeted $ 1,289,772 Total Positions Budgeted 45 Fire Safety and Mobile Home Regulation Budget: 5 Personal Services $ 1,971,642 Regular Operating Expenses $ 112,798 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 $ 9,000 Total Funds Budgeted $ 2,359,113 State Funds Budgeted $ 1,958,928 Total Positions Budgeted 105 Budget Unit Object Classes : Personal Services $ 5,035,729 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 $ 196,414 Real Estate Rentals $ 469,325 Telecommunications $ 106,927 Per Diem, Fees and Contracts $ 14,500 Total Positions Budgeted 235 Authorized Motor Vehicles 57 Section 18. Department of Defense . Budget Unit: Department of Defense $ 3,082,932 1. Office of the Adjutant General Budget: Personal Services $ 718,984 Regular Operating Expenses $ 22,293 Travel $ 5,580 Motor Vehicle Equipment Purchases $ 10,000 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 $ 772,822 State Funds Budgeted $ 694,204 Total Positions Budgeted 21 2. Georgia Emergency Management Agency Budget: Personal Services $ 936,203 Regular Operating Expenses $ 114,449 Travel $ 29,000 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 $ 60,240 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 $ 1,310,897 State Funds Budgeted $ 498,033 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 $ 850 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 $ 2,186,815 State Funds Budgeted $ 297,720 Total Positions Budgeted 56 4. Georgia Army National Guard Budget: Personal Services $ 1,672,881 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 $ 24,000 Per Diem, Fees and Contracts $ 9,500 Utilities $ 567,700 Capital Outlay $ 996,416 Georgia Military Institute Grant $ 18,000 Grants to National Guard Units $ 411,000 Repairs and Renovations $ 85,000 Total Funds Budgeted $ 4,430,362 State Funds Budgeted $ 1,592,975 Total Positions Budgeted 84 Budget Unit Object Classes : Personal Services $ 4,535,934 Regular Operating Expenses $ 1,045,187 Travel $ 38,130 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 41,550 Equipment Purchases $ 18,495 Computer Charges $ -0- Real Estate Rentals $ 5,960 Telecommunications $ 66,215 Per Diem, Fees and Contracts $ 79,740 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 $ 996,416 Local Civil Defense Grants - Project Application $ 40,000 Local Civil Defense Grants - Training $ -0- Repairs and Renovations $ 85,000 Total Positions Budgeted 197 Authorized Motor Vehicles 20 Section 19. State Board of Education - Department of Education . A. Budget Unit: Department of Education $1,477,602,570 1. Instructional Services Budget: Personal Services $ 4,418,446 Regular Operating Expenses $ 756,798 Travel $ 291,845 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 144,885 Equipment Purchases $ 13,150 Real Estate Rentals $ 372,483 Telecommunications $ 115,640 Per Diem, Fees and Contracts $ 91,604 Utilities $ 3,575 Total Funds Budgeted $ 6,208,426 Indirect DOAS Services Funding $ 51,000 State Funds Budgeted $ 3,549,502 Total Positions Budgeted 165 2. Governor's Honors Program Budget: Personal Services $ 286,799 Regular Operating Expenses $ 25,350 Travel $ 3,395 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,600 Equipment Purchases $ 3,625 Real Estate Rentals $ -0- Telecommunications $ 5,570 Per Diem, Fees and Contracts $ 455,520 Total Funds Budgeted $ 791,859 State Funds Budgeted $ 779,359 Total Positions Budgeted 2 3. Vocational Education Budget: Personal Services $ 2,830,496 Regular Operating Expenses $ 264,612 Travel $ 202,126 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 58,971 Equipment Purchases $ 13,140 Real Estate Rentals $ 294,845 Telecommunications $ 91,999 Per Diem, Fees and Contracts $ 1,491,776 Utilities $ 14,275 Total Funds Budgeted $ 5,262,240 State Funds Budgeted $ 2,040,137 Total Positions Budgeted 93 4. Public Library Services Budget: Personal Services $ 850,376 Regular Operating Expenses $ 204,571 Travel $ 14,800 Publications and Printing $ 13,180 Equipment Purchases $ -0- Real Estate Rentals $ 124,000 Telecommunications $ 37,320 Per Diem, Fees and Contracts $ 130,000 Utilities $ 14,510 Total Funds Budgeted $ 1,388,757 State Funds Budgeted $ 744,623 Total Positions Budgeted 41 5. State Administration Budget: Personal Services $ 1,010,802 Regular Operating Expenses $ 298,709 Travel $ 57,500 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 8,626 Equipment Purchases $ 4,522 Real Estate Rentals $ 181,287 Telecommunications $ 27,920 Per Diem, Fees and Contracts $ 271,950 Total Funds Budgeted $ 1,867,816 State Funds Budgeted $ 1,427,265 Total Positions Budgeted 31 6. Administrative Services Budget: Personal Services $ 5,001,316 Regular Operating Expenses $ 302,191 Travel $ 242,315 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 198,610 Equipment Purchases $ 35,073 Computer Charges $ 1,012,221 Real Estate Rentals 660,374 Telecommunications $ 115,000 Per Diem, Fees and Contracts $ 1,060,489 Utilities $ 7,645 Total Funds Budgeted $ 8,635,234 Indirect DOAS Services Funding $ 289,000 State Funds Budgeted $ 4,518,950 Total Positions Budgeted 198 7. Certification of Public School Personnel Budget: Personal Services $ 575,775 Regular Operating Expenses $ 29,227 Travel $ 1,390 Motor Vehicle Equipmen Purchases $ -0- Publications and Printing $ 4,650 Equipment Purchases $ 1,825 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 175,525 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 630,392 State Funds Budgeted $ 617,544 Total Positions Budgeted 29 8. Planning and Development Budget: Personal Services $ 2,164,752 Regular Operating Expenses $ 81,420 Travel $ 88,761 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 75,650 Equipment Purchases $ 7,750 Real Estate Rentals $ 333,343 Telecommunications $ 55,475 Per Diem, Fees and Contracts $ 1,211,309 Total Funds Budgeted $ 4,018,460 State Funds Budgeted $ 3,258,827 Total Positions Budgeted 68 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 $ 38,229 Total Funds Budgeted $ 126,276 State Funds Budgeted $ 126,276 Total Positions Budgeted 2 10. Vocational Advisory Council Budget: Personal Services $ 69,176 Regular Operating Expenses $ 15,010 Travel $ 4,825 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 6,700 Computer Charges $ -0- Real Estate Rentals $ 8,000 Telecommunications $ 3,585 Per Diem, Fees and Contracts $ 35,000 Total Funds Budgeted $ 152,296 State Funds Budgeted $ -0- Total Positions Budgeted 2 11. Professional Practices Commission Budget: Personal Services $ 250,075 Regular Operating Expenses $ 9,810 Travel $ 17,640 Motor Vehicle Equipment Purchases $ 9,200 Publications and Printing $ 1,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 25,140 Telecommunications $ 5,930 Per Diem, Fees and Contracts $ 46,102 Total Funds Budgeted $ 365,397 State Funds Budgeted $ 365,397 Total Positions Budgeted 7 12. Local Programs Budget: APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a) $ 610,903,307 Salaries of Instructional Personnel Code Section 20-2-152 $ 107,227,240 Salaries of Instructional Personnel Code Section 20-2-153 $ 26,400,041 Salaries of Student Supportive Personnel $ 25,824,761 Salaries of Administrative and Supervisory Personnel $ 72,091,943 Special Education Leadership Personnel $ 3,389,518 Instructional Media $ 20,051,949 Instructional Equipment $ 688,381 Maintenance and Operation $ 94,228,859 Sick and Personal Leave $ 5,569,986 Travel $ 1,009,626 Pupil Transportation $ 85,482,757 Isolated Schools $ 541,872 Mid-Term Adjustment $ -0- Non-APEG Grants: Education of Children of Low-Income Families $ 91,786,680 Teacher Retirement $ 114,871,213 Instructional Services for the Handicapped $ 22,786,835 Preparation of Professional Personnel in Education of Handicapped Children $ 43,775 Tuition for the Multi-handicapped $ 1,172,000 Severely Emotionally Disturbed $ 16,431,023 Compensatory Education $ 16,670,810 School Lunch (Federal) $ 78,851,316 School Lunch (State) $ 17,415,469 Supplemental Educational Centers and Services $ 38,018 Staff Development $ 716,448 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 3,647,090 Cooperative Educational Service Agencies $ 3,944,471 Superintendents' Salaries $ 5,169,884 High School Program $ 28,470,079 Area Vocational-Technical Schools $ 55,430,784 Career Education $ 24,511 Junior College Vocational Program $ 1,746,433 Transportation Program for Refugee Children $ 2,301 Quick Start Program $ 3,060,000 Nutrition Education $ 4,612 Comprehensive Employment and Training $ 2,290,000 Special Projects Grant $ 161,500 Vocational Research and Curriculum $ 366,539 Adult Education $ 3,151,377 Salaries and Travel of Public Librarians $ 4,553,620 Public Library Materials $ 3,232,625 Talking Book Centers $ 684,527 Public Library Maintenance and Operation $ 2,714,607 Public Library Construction $ 441,995 Instructional Aides $ 9,827,481 Teacher Health Insurance $ 36,791,652 Teacher Health Insurance - Retired Teachers $ 6,204,000 Capital Outlay $ 220,000 Grants to Local School Systems for Educational Purposes $ 78,000,000 Salaries of Extended Pre-School Personnel $ 12,531,454 Chapter II - Block Grant Flow Through $ 9,129,445 Child Care Lunch Program $ 1,000,000 Total Funds Budgeted $1,686,994,814 State Funds Budgeted $1,460,174,690 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 17,521,100 Regular Operating Expenses $ 1,995,258 Travel $ 926,597 Motor Vehicle Equipment Purchases $ 15,700 Publications and Printing $ 533,672 Equipment Purchases $ 85,785 Computer Charges $ 1,012,221 Real Estate Rentals $ 2,005,372 Telecommunications $ 479,464 Per Diem, Fees and Contracts $ 4,831,979 Utilities $ 40,005 APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a) $ 610,903,307 Salaries of Instructional Personnel Code Section 20-2-152 $ 107,227,240 Salaries of Instructional Personnel Code Section 20-2-153 $ 26,400,041 Salaries of Student Supportive Personnel $ 25,824,761 Salaries of Administrative and Supervisory Personnel $ 72,091,943 Special Education Leadership Personnel $ 3,389,518 Instructional Media $ 20,051,949 Instructional Equipment $ 688,381 Maintenance and Operation $ 94,228,859 Sick and Personal Leave $ 5,569,986 Travel $ 1,009,626 Pupil Transportation - Regular $ 85,482,757 Isolated Schools $ 541,872 Mid-term Adjustment $ -0- Non-APEG Grants: Education of Children of Low-Income Families $ 91,786,680 Teacher Retirement $ 114,871,213 Instructional Services for the Handicapped $ 22,786,835 Preparation of Professional Personnel in Education of Handicapped Children $ 43,775 Tuition for the Multi-handicapped $ 1,172,000 Severely Emotionally Disturbed $ 16,431,023 Compensatory Education $ 16,670,810 School Lunch (Fed.) $ 78,851,316 School Lunch (State) $ 17,415,469 Supplemental Education Centers and Services $ 38,018 Staff Development $ 716,448 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 3,647,090 Cooperative Educational Service Areas $ 3,944,471 Superintendents Salaries $ 5,169,884 High School Program $ 28,470,079 Area School Program $ 55,430,784 Career Education $ 24,511 Junior College Program $ 1,746,433 Transportation for Refugee Children $ 2,301 Quick Start $ 3,060,000 Nutrition Education $ 4,612 Special Projects $ 161,500 Comprehensive Employment and Training $ 2,290,000 Vocational Research and Curriculum $ 366,539 Adult Education $ 3,151,377 Salaries and Travel of Public Librarians $ 4,553,620 Public Library Materials $ 3,232,625 Talking Book Centers $ 684,527 Public Library M O $ 2,714,607 Public Library Construction $ 441,995 Instructional Aides $ 9,827,481 Teacher Health Insurance $ 36,791,652 Teacher Health Insurance - Retired Teachers $ 6,204,000 Capital Outlay $ 220,000 Grants to Local School Systems for Educational Purposes $ 78,000,000 Indo-Chinese Refugee $ -0- Salaries of Extended Pre-School Personnel $ 12,531,454 Child Care Lunch Program (Federal) $ 1,000,000 Chapter II - Block Grant Flow Through $ 9,129,445 Total Positions Budgeted 638 Authorized Motor Vehicles 6 B. Budget Unit: Institutions $ 15,934,110 1. Georgia Academy for the Blind Budget: Personal Services $ 2,606,258 Regular Operating Expenses $ 211,750 Travel $ 3,125 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 2,845 Equipment Purchases $ 17,410 Telecommunications $ 15,595 Computer Charges $ 1,650 Per Diem, Fees and Contracts $ 7,700 Utilities $ 213,014 Capital Outlay $ 10,000 Total Funds Budgeted $ 3,097,347 State Funds Budgeted $ 2,829,662 Total Positions Budgeted 148 2. Georgia School for the Deaf Budget: Personal Services $ 4,624,792 Regular Operating Expenses $ 524,299 Travel $ 9,670 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 20,000 Computer Charges $ 18,495 Telecommunications $ 17,650 Per Diem, Fees and Contracts $ 7,650 Utilities $ 535,173 Captial Outlay $ -0- Total Funds Budgeted $ 5,758,129 State Funds Budgeted $ 5,381,726 Total Positions Budgeted 247 3. Atlanta Area School for the Deaf Budget: Personal Services $ 1,990,229 Regular Operating Expenses $ 178,212 Travel $ 5,770 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 15,800 Computer Charges $ 8,488 Telecommunications $ 27,365 Per Diem, Fees and Contracts 77,615 Utilities $ 155,688 Capital Outlay $ -0- Total Funds Budgeted $ 2,460,667 State Funds Budgeted $ 2,259,461 Total Positions Budgeted 96 4. North Georgia Vocational-Technical School Budget: Personal Services $ 2,582,494 Regular Operating Expenses $ 752,285 Travel $ 22,500 Motor Vehicle Equipment Purchases $ 30,600 Publications and Printing $ 9,000 Equipment Purchases $ 85,595 Computer Charges $ 18,152 Telecommunications $ 17,375 Per Diem, Fees and Contracts $ -0- Utilities $ 376,073 Capital Outlay $ 280,000 Total Funds Budgeted $ 4,174,074 State Funds Budgeted $ 2,930,774 Total Positions Budgeted 104 5. South Georgia Vocational-Technical School Budget: Personal Services $ 2,064,510 Regular Operating Expenses $ 585,640 Travel $ 26,051 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 2,500 Equipment Purchases $ 55,490 Computer Charges $ 39,500 Telecommunications $ 26,950 Per Diem, Fees and Contracts $ 31,750 Utilities $ 395,694 Capital Outlay $ 15,000 Total Funds Budgeted $ 3,263,085 State Funds Budgeted $ 2,532,487 Total Positions Budgeted 90 Budget Unit Object Classes : Personal Services $ 13,868,283 Regular Operating Expenses $ 2,252,186 Travel $ 67,116 Motor Vehicle Equipment Purchases $ 58,600 Publications and Printing $ 16,245 Equipment Purchases $ 194,295 Computer Charges $ 86,285 Telecommunications $ 104,935 Per Diem, Fees and Contracts $ 124,715 Utilities $ 1,675,642 Capital Outlay $ 305,000 Total Positions Budgeted 685 Authorized Motor Vehicles 80 C. Budget Unit: Board of Postsecondary Vocational Education $ 53,766 Board of Postsecondary Vocational Education Budget: Personal Services $ 121,836 Regular Operating Expenses $ 3,762 Travel $ 5,503 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,712 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 132,813 State Funds Budgeted $ 53,766 Total Positions Budgeted 8 Budget Unit Object Classes : Personal Services $ 121,836 Regular Operating Expenses $ 3,762 Travel $ 5,503 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,712 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Total Positions Budgeted 8 Authorized Motor Vehicles 0 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 that 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 fullday program, local systems may elect to use midday 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 midterm 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, of funds appropriated for Maintenance and Operation, Sick and Personal Leave and Instructional Media, for all Special Education Teachers, payments shall not be made for 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 Code Section 20-2-157 for grades 1 and 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 and 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 $716,448 for Staff Development, $71,645 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, $16,670,810 is designated and committed for a compensatory education program for students in grades three through eleven and shall be used for remedial purposes only. Each 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 or 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 (pursuant to 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. For the purposes of this Act, common object classes are defined as: Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Real Estate Rentals, Telecommunications, Per Diem, Fees and Contracts and Utilities. The above appropriation for salaries of instructional personnel (Code Section 20-2-152) contemplates no funds for additional allotments to systems at or above the fifteen percent enrollment ceiling. Section 20. Employees' Retirement System . Budget Unit: Employees' Retirement System $ 425,000 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 Cost-of-Living Increase-Other Retirees $ 425,000 Employer Contribution $ -0- Total Funds Budgeted $ 1,772,251 State Funds Budgeted $ 425,000 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 Cost-of-Living Increase-Other Retirees $ 425,000 Employer Contribution $ -0- Total Positions Budgeted 28 Authorized Motor Vehicles 1 Section 21. Forestry Commission . Budget Unit: Forestry Commission $ 22,672,708 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 $ 231,845 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,870 Per Diem, Fees and Contracts $ 20,060 Capital Outlay $ 387,000 Total Funds Budgeted $ 2,548,228 State Funds Budgeted $ 719,745 Total Positions Budgeted 34 2. Field Services Budget: Personal Services $ 16,322,146 Regular Operating Expenses $ 3,555,329 Travel $ 87,400 Motor Vehicle Equipment Purchases $ 819,800 Publications and Printing $ 23,300 Equipment Purchases $ 934,795 Computer Charges $ 20,000 Real Estate Rentals $ 18,212 Telecommunications $ 495,000 Per Diem, Fees and Contracts $ 72,695 Ware County Grant $ 60,000 Capital Outlay $ -0- Total Funds Budgeted $ 22,408,677 State Funds Budgeted $ 20,279,052 Total Positions Budgeted 794 3. General Administration and Support Budget: Personal Services $ 710,710 Regular Operating Expenses $ 110,520 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 $ 1,543,785 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 $ 18,002,354 Regular Operating Expenses $ 4,567,004 Travel $ 106,930 Motor Vehicle Equipment Purchases $ 848,775 Publications and Printing $ 69,125 Equipment Purchases $ 1,168,990 Computer Charges $ 151,875 Real Estate Rentals $ 18,212 Telecommunications $ 523,870 Per Diem, Fees and Contracts $ 96,555 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 $ 387,000 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 $ 18,112,870 1. General Administration Budget: Personal Services $ 572,366 Regular Operating Expenses $ 96,450 Travel $ 6,100 Motor Vehicle Equipment Purchases $ 8,600 Publications and Printing $ 4,000 Equipment Purchases $ 1,650 Computer Charges $ 6,630 Real Estate Rentals $ 29,300 Telecommunications $ 22,440 Per Diem, Fees and Contracts $ 3,200 Postage $ 5,500 Capital Outlay $ -0- Total Funds Budgeted $ 756,236 State Funds Budgeted $ 756,236 Total Positions Budgeted 21 2. Investigative Division Budget: Personal Services $ 5,872,902 Regular Operating Expenses $ 843,624 Travel $ 91,300 Motor Vehicle Equipment Purchases $ 457,400 Publications and Printing $ 21,500 Equipment Purchases $ 160,280 Computer Charges $ -0- Real Estate Rentals $ 71,785 Telecommunications $ 174,472 Per Diem, Fees and Contracts $ 2,600 Evidence Purchased $ 112,000 Postage $ 7,900 Capital Outlay $ -0- Total Funds Budgeted $ 7,815,763 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 7,815,763 Total Positions Budgeted 207 3. Drug Enforcement Unit Budget: Personal Services $ 1,989,848 Regular Operating Expenses $ 224,200 Travel $ 323,100 Motor Vehicle Equipment Purchases $ 192,550 Publications and Printing $ 1,500 Equipment Purchases $ 221,195 Computer Charges $ -0- Real Estate Rentals $ 54,825 Telecommunications $ 67,428 Per Diem, Fees and Contracts $ 400 Postage $ 1,320 Evidence Purchased $ 188,000 Total Funds Budgeted $ 3,264,366 State Funds Budgeted $ 3,264,366 Total Positions Budgeted 55 4. Forensic Sciences Division Budget: Personal Services $ 2,602,526 Regular Operating Expenses $ 414,206 Travel $ 22,400 Motor Vehicle Equipment Purchases $ 42,500 Publications and Printing $ 5,600 Equipment Purchases $ 22,284 Computer Charges $ 56,311 Real Estate Rentals $ 14,840 Telecommunications $ 81,200 Per Diem, Fees and Contracts $ 3,100 Postage $ 19,000 Capital Outlay $ -0- Total Funds Budgeted $ 3,283,967 State Funds Budgeted $ 3,283,967 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 $ 1,736,944 Real Estate Rentals $ 3,000 Telecommunications $ 471,200 Per Diem, Fees and Contracts $ -0- Postage $ 20,000 Total Funds Budgeted $ 4,392,538 Indirect DOAS Services Funding $ 1,400,000 State Funds Budgeted $ 2,992,538 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 $ 1,686,078 Travel $ 453,900 Motor Vehicle Equipment Purchases $ 717,050 Publications and Printing $ 82,600 Equipment Purchases $ 412,734 Computer Charges $ 1,799,885 Real Estate Rentals $ 173,750 Telecommunications $ 816,740 Per Diem, Fees and Contracts $ 9,300 Evidence Purchased $ 300,000 Postage $ 53,720 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 $ 4,712,565 1. Governor's Office Budget: Cost of Operations $ 1,844,714 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,215,000 Intern Stipends and Travel $ 118,500 Total Funds Budgeted $ 4,218,214 State Funds Budgeted $ 4,218,214 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 $ 400,689 Regular Operating Expenses $ 9,000 Travel $ 10,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,400 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 69,913 Telecommunications $ 9,349 Per Diem, Fees and Contracts $ 25,000 Total Funds Budgeted $ 526,851 State Funds Budgeted $ 494,351 Total Positions Budgeted 15 Budget Unit Object Classes : Cost of Operations $ 1,844,714 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,215,000 Intern Stipends and Travel $ 118,500 Personal Services $ 400,689 Regular Operating Expenses $ 9,000 Travel $ 10,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,400 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 69,913 Telecommunications $ 9,349 Per Diem, Fees and Contracts $ 25,000 Total Positions Budgeted 15 Authorized Motor Vehicles 1 B. Budget Unit: Office of Planning and Budget $ 3,444,592 Office of Planning and Budget Budget: Personal Services $ 2,759,691 Regular Operating Expenses $ 95,200 Travel $ 43,006 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 31,200 Equipment Purchases $ -0- Computer Charges $ 144,780 Real Estate Rentals $ 190,840 Telecommunications $ 55,875 Per Diem, Fees and Contracts $ 139,000 Total Funds Budgeted $ 3,459,592 State Funds Budgeted $ 3,444,592 Total Positions Budgeted 83 Budget Unit Object Classes : Personal Services $ 2,759,691 Regular Operating Expenses $ 95,200 Travel $ 43,006 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 31,200 Equipment Purchases $ -0- Computer Charges $ 144,780 Real Estate Rentals $ 190,840 Telecommunications $ 55,875 Per Diem, Fees and Contracts $ 139,000 Total Positions Budgeted 83 Authorized Motor Vehicles 0 C. Budget Unit: Units Attached for Administrative Purposes Only $ 3,794,729 1. Council of the Arts Budget: Personal Services $ 164,015 Regular Operating Expenses $ 8,275 Travel $ 2,960 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,350 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 39,600 Telecommunications $ 7,990 Per Diem, Fees and Contracts $ 8,690 Art Grants - State Funds $ 1,321,742 Art Grants - Federal Funds $ 488,428 Art Grants - Donations $ 26,000 Total Funds Budgeted $ 2,072,050 State Funds Budgeted $ 1,557,622 Total Positions Budgeted 8 2. Office of Consumer Affairs: Personal Services $ 997,476 Regular Operating Expenses $ 31,625 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,500 Equipment Purchases $ -0- Computer Charges $ 14,400 Real Estate Rentals $ 155,822 Telecommunications $ 95,047 Per Diem, Fees and Contracts $ 3,000 Total Funds Budgeted $ 1,312,870 State Funds Budgeted $ 1,312,870 Total Positions Budgeted 42 3. State Energy Office Budget: Personal Services $ 421,036 Regular Operating Expenses $ 44,600 Travel $ 26,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 54,573 Equipment Purchases $ 5,000 Computer Charges $ 3,000 Real Estate Rentals $ -0- Telecommunications $ 12,300 Per Diem, Fees and Contracts $ 9,384,298 Total Funds Budgeted $ 9,951,307 State Funds Budgeted $ 161,349 Total Positions Budgeted 9 4. Governor's Committee on Post-Secondary Education Budget: Personal Services $ 125,014 Regular Operating Expenses $ 9,260 Travel $ 1,350 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,700 Equipment Purchases $ -0- Computer Charges $ 2,350 Real Estate Rentals $ 14,802 Telecommunications $ 2,500 Per Diem, Fees and Contracts $ 8,700 Total Funds Budgeted $ 172,676 State Funds Budgeted $ 172,676 Total Positions Budgeted 4 5. Consumer's Utility Counsel Budget: Personal Services $ 283,540 Regular Operating Expenses $ 11,000 Travel $ 2,480 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 15,863 Telecommunications $ 5,200 Per Diem, Fees and Contracts $ 30,000 Total Funds Budgeted $ 348,183 State Funds Budgeted $ 348,183 Total Positions Budgeted 10 6. Criminal Justice Coordinating Council Budget: Personal Services $ 177,906 Regular Operating Expenses $ 6,065 Travel $ 8,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,040 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 28,768 Telecommunications $ 3,800 Per Diem, Fees and Contracts $ 14,950 Total Funds Budgeted $ 242,029 State Funds Budgeted $ 242,029 Total Positions Budgeted 5 Budget Unit Object Classes : Personal Services $ 2,168,987 Regular Operating Expenses $ 110,825 Travel $ 52,790 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 74,263 Equipment Purchases $ 5,000 Computer Charges $ 19,750 Real Estate Rentals $ 254,855 Telecommunications $ 126,837 Per Diem, Fees and Contracts $ 9,449,638 Art Grants - State Funds $ 1,321,742 Art Grants - Federal Funds $ 488,428 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 $ 5,100,000 1. Grants to Counties $ 1,950,000 Total Funds Budgeted $ 1,950,000 State Funds Budgeted $ 1,950,000 2. Grants to Municipalities $ 3,150,000 Total Funds Budgeted $ 3,150,000 State Funds Budgeted $ 3,150,000 Budget Unit Object Classes : Grants to Counties $ 1,950,000 Grants to Municipalities $ 3,150,000 Section 26. Department of Human Resources . A. Budget Unit: Departmental Operations $ 252,795,773 1. General Administration and Support Budget: Personal Services $ 4,480,790 Regular Operating Expenses $ 3,019,684 Travel $ 63,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 75,697 Equipment Purchases $ 863 Computer Charges $ 228,356 Real Estate Rentals $ 3,202,934 Telecommunications $ 269,833 Per Diem, Fees and Contracts $ 75,500 Utilities $ 170,200 Postage $ 465,820 Capital Outlay $ -0- Total Funds Budgeted $ 12,053,177 Indirect DOAS Services Funding $ 412,555 Indirect GBA Funding $ -0- Agency Funds $ 3,439,884 Social Services Block Grant Funds $ 934,000 State Funds Budgeted $ 7,266,738 Total Positions Budgeted 178 Authorized Motor Vehicles 7 General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office $ 551,469 $ 551,469 13 Administrative Appeals $ 763,195 $ 763,195 24 Administrative Policy, Coordination, and Direction $ 144,322 $ 144,322 4 Personnel $ 3,822,524 $ 3,750,524 48 Support Services $ 1,959,413 $ 1,731,058 54 Systems Planning, Development and Training $ 234,169 $ 234,169 7 EDP-Planning and Coordination $ 301,946 $ 101,946 0 Indirect Cost $ -0- $ (3,147,451) 0 Facilities Managements $ 3,705,115 $ 2,766,482 8 Community/Intergovernmental Affairs $ 709,815 $ 709,815 20 Undistributed $ (138,791) $ (338,791) 0 Total $ 12,053,177 $ 7,266,738 178 2. Financial Management Budget: Personal Services $ 5,856,435 Regular Operating Expenses $ 143,845 Travel $ 185,050 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 29,300 Equipment Purchases $ 4,379 Computer Charges $ 105,000 Real Estate Rentals $ 4,100 Telecommunications $ 1,602 Per Diem, Fees and Contracts $ 15,000 Utilities $ -0- Postage $ 205 Institutional Repairs and Maintenance $ -0- Total Funds Budgeted $ 6,344,916 Social Services Block Grant Funds $ 721,800 Agency Funds $ 1,649,200 State Funds Budgeted $ 3,973,916 Total Positions Budgeted 243 Authorized Motor Vehicles 0 Financial Management Functional Budgets Total Funds State Funds Pos . Budget Administration $ 1,389,981 $ 1,389,981 44 Accounting Services $ 3,340,269 $ 3,340,269 152 Auditing Services $ 1,614,666 $ 1,614,666 47 Indirect Cost $ -0- $ (2,371,000) 0 Undistributed $ -0- $ -0- 0 Total $ 6,344,916 $ 3,973,916 243 3. Special Programs Budget: Personal Services $ 10,578,265 Regular Operating Expenses $ 284,082 Travel $ 429,935 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 89,160 Equipment Purchases $ 2,110 Computer Charges $ 1,044,752 Real Estate Rentals $ 201,056 Telecommunications $ 341,836 Per Diem, Fees and Contracts $ 10,191,600 Menninger Group Homes $ 366,000 Contract - Georgia Advocacy Office, Inc $ 215,000 Utilities $ 50 Postage $ 101,600 Benefits for Child Care $ 761,200 Total Funds Budgeted $ 24,606,646 Social Services Block Grant Funds $ -0- Indirect DOAS Services Funding $ 225,657 Agency Funds $ 18,293,312 State Funds Budgeted $ 6,087,677 Total Positions Budgeted 521 Authorized Motor Vehicles 0 Special Programs Functional Budgets Total Funds State Funds Pos. Special Projects $ 286,900 $ 286,900 0 Children and Youth Planning $ 151,149 $ 151,149 4 Troubled Children Benefits $ 1,127,200 $ 1,127,200 0 Developmental Disabilities $ 247,264 $ -0- 6 MH/MR Advisory Council $ 45,725 $ 45,725 1 Council on Maternal and Infant Health $ 99,456 $ 99,456 3 Council on Family Planning $ 8,800 $ 880 0 Community Services $ 9,648,075 $ -0- 9 Regulatory Services - Program Direction and Support $ 351,329 $ 351,329 9 Child Care Licensing $ 1,341,090 $ 1,341,090 50 Laboratory Improvement $ 515,414 $ 415,414 16 Health Care Facilities Regulation $ 1,720,677 $ 565,893 53 Compliance Monitoring $ 233,892 $ 233,892 7 Radiological Health $ 545,349 $ 495,349 17 Fraud and Abuse $ 1,437,939 $ 296,696 41 Child Support Recovery $ 6,846,387 $ 676,704 305 Undistributed $ -0- $ -0- 0 Total $ 24,606,646 $ 6,087,677 521 4. Public Health - Program Direction and Support Budget: Personal Services $ 2,590,456 Regular Operating Expenses $ 127,321 Travel $ 51,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 56,800 Equipment Purchases $ 13,000 Computer Charges $ 421,816 Real Estate Rentals $ -0- Telecommunications $ 218,430 Per Diem, Fees and Contracts $ 47,400 Utilities $ -0- Postage $ 1,200 Total Funds Budgeted $ 3,527,623 Indirect DOAS Services Funding $ 508,016 Agency Funds $ 135,000 State Funds Budgeted $ 2,884,607 Total Positions Budgeted 113 Authorized Motor Vehicles 0 Public Health-Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 544,838 $ 358,638 7 Employee's Health $ 272,821 $ 237,821 9 Health Program Management $ 689,546 $ 604,546 26 Vital Records $ 1,024,305 $ 1,009,305 52 Health Services Research $ 717,434 $ 395,618 12 Primary Health Care $ 278,679 $ 278,679 7 Undistributed $ -0- $ -0- 0 Total $ 3,527,623 $ 2,884,607 113 5. Public Health-Family Health Budget: Personal Services $ 5,885,558 Regular Operating Expenses $ 2,031,741 Travel $ 252,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 146,000 Equipment Purchases $ 7,330 Computer Charges $ 117,090 Real Estate Rentals $ 223,240 Telecommunications $ 46,572 Per Diem, Fees and Contracts $ 5,718,276 Crippled Children Clinics $ 261,249 Utilities $ -0- Postage $ 16,800 Regional Grants for Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 3,017,800 Kidney Disease Benefits $ 576,180 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 $ 25,078,766 Indirect DOAS Services Funding $ 11,350 Agency Funds $ 10,903,077 State Funds Budgeted $ 14,164,339 Total Positions Budgeted 222 Authorized Motor Vehicles 4 Public Health - Family Health Functional Budgets Total Funds State Funds Pos. Stroke and Heart Attack Prevention $ 147,998 $ 147,998 5 Epidemiology $ 1,000,227 $ 840,580 10 Immunization $ 359,040 $ -0- 10 Sexually Transmitted Diseases $ 219,024 $ 219,024 6 Community Tuberculosis Center $ 1,079,256 $ 1,079,256 23 Family Health Management $ 5,460,133 $ 294,446 22 Infant and Child Health $ 4,656,856 $ 4,542,925 14 Maternal Health-Perinatal $ 252,475 $ -0- 6 Family Planning $ 955,210 $ 57,902 14 Malnutrition $ 549,700 $ -0- 15 Dental Health $ 130,945 $ 130,945 3 Crippled Children $ 5,036,695 $ 2,310,476 55 Chronic Disease $ 1,563,520 $ 1,563,520 21 Diabetes $ 278,155 $ 222,855 4 Cancer Control $ 2,754,412 $ 2,754,412 6 Coordination, Education and Prevention $ 635,120 $ -0- 8 Undistributed $ -0- $ -0- 0 Total $ 25,078,766 $ 14,164,339 222 6. Public Health - Community Health Budget: Personal Services $ 3,177,682 Regular Operating Expenses $ 476,520 Travel $ 48,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 61,850 Equipment Purchases $ 61,481 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 1,358,995 Utilities $ -0- Postage $ 16,800 Regional Grants for Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 3,017,800 Kidney Disease Benefits $ 576,180 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 $ 25,078,766 Indirect DOAS Services Funding $ 11,350 Agency Funds $ 10,903,077 State Funds Budgeted $ 14,164,339 Total Positions Budgeted 222 Authorized Motor Vehicles 4 Public Health - Family Health Functional Budgets Total Funds State Funds Pos. Stroke and Heart Attack Prevention $ 147,998 $ 147,998 5 Epidemiology $ 1,000,227 $ 840,580 10 Immunization $ 359,040 $ -0- 10 Sexually Transmitted Diseases $ 219,024 $ 219,024 6 Community Tuberculosis Center $ 1,079,256 $ 1,079,256 23 Family Health Management $ 5,460,133 $ 294,446 22 Infant and Child Health $ 4,656,856 $ 4,542,925 14 Maternal Health-Perinatal $ 252,475 $ -0- 6 Family Planning $ 955,210 $ 57,902 14 Malnutrition $ 549,700 $ -0- 15 Dental Health $ 130,945 $ 130,945 3 Crippled Children $ 5,036,695 $ 2,310,476 55 Chronic Disease $ 1,563,520 $ 1,563,520 21 Diabetes $ 278,155 $ 222,855 4 Cancer Control $ 2,754,412 $ 2,754,412 6 Coordination, Education and Prevention $ 635,120 $ -0- 8 Undistributed $ -0- $ -0- 0 Total $ 25,078,766 $ 14,164,339 222 6. Public Health - Community Health Budget: Personal Services $ 3,177,682 Regular Operating Expenses $ 476,520 Travel $ 48,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 61,850 Equipment Purchases $ 61,481 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 1,358,995 Utilities $ -0- Postage $ 13,300 Total Funds Budgeted $ 5,198,728 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,278,720 State Funds Budgeted $ 3,920,008 Total Positions Budgeted 137 Authorized Motor Vehicles 0 Public Health - Community Health Functional Budgets Total Funds State Funds Pos. Occupational and Radiological Health $ 802,323 $ 263,551 6 Laboratory Services $ 3,754,935 $ 3,075,487 119 Emergency Health $ 641,470 $ 580,970 12 Undistributed $ -0- $ -0- 0 Total $ 5,198,728 $ 3,920,008 137 7. Public Health-Local Services Budget: Personal Services $ 13,755,949 Regular Operating Expenses $ 22,470,699 Travel $ 481,050 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 28,900 Equipment Purchases $ 41,193 Computer Charges $ -0- Real Estate Rentals $ 175,370 Telecommunications $ 184,650 Per Diem, Fees and Contracts $ 4,745,503 Utilities $ -0- Postage $ 32,150 Crippled Children Clinics $ 293,323 Contract - Macon-Bibb County Hospital Authority $ 3,000,000 Grant to Counties for Metabolic Disorders Screening and Treatment $ 45,000 Family Planning Benefits $ 75,000 Midwifery Program Benefits $ 175,000 Crippled Children Benefits $ 1,407,200 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 $ 33,686,910 Total Funds Budgeted $ 84,627,897 Indirect DOAS Services Funding $ 129,350 Agency Funds $ 35,157,761 State Funds Budgeted $ 49,340,786 Total Positions Budgeted 540 Authorized Motor Vehicles 2 Public Health - Local Services Functional Budgets Total Funds State Funds Pos. Minimum Foundation $ 6,992,727 $ 6,831,521 191 Newborn Follow Up Care $ 301,507 $ 301,507 11 District Dental $ 1,125,833 $ 915,658 17 District Strdoke and Heart Attack Prevention $ 1,310,234 $ 780,234 18 Sickle Cell, Vision and Hearing $ 472,780 $ 472,780 15 High Risk Pregnant Women and Infants $ 4,318,455 $ 4,318,455 19 District Sexually Transmitted Diseases $ 1,079,850 $ 85,000 27 District Family Planning $ 6,057,050 $ 2,849,334 177 Malnutrition $ 26,192,129 $ -0- 10 Grant in Aid to Counties $ 32,284,581 $ 30,116,228 0 Teenage Pregnancy Prevention $ 250,000 $ 250,000 0 District Crippled Children $ 2,578,647 $ 1,806,340 36 Emergency Health $ 1,327,973 $ 277,598 9 Primary Health Care $ 336,131 $ 336,131 10 Undistributed $ -0- $ -0- 0 Total $ 84,627,897 $ 49,340,786 540 8. Mental Health - Program Direction and Support Budget: Personal Services $ 3,977,377 Regular Operating Expenses $ 126,098 Travel $ 114,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 41,834 Equipment Purchases $ 1,055 Computer Charges $ 1,074,219 Real Estate Rentals $ 1,664 Telecommunications $ 293,034 Per Diem, Fees and Contracts $ 173,300 Utilities $ -0- Postage $ 1,050 Total Funds Budgeted $ 5,803,881 Social Services Block Grant Funds $ 15,000 Indirect DOAS Services Funding $ 1,000,197 Agency Funds $ 510,540 State Funds Budgeted $ 4,278,144 Total Positions Budgeted 126 Mental Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration $ 3,197,344 $ 2,197,147 57 Special Projects and Contracts $ 60,000 $ -0- 2 Program Coordination $ 2,546,537 $ 2,080,997 67 Undistributed $ -0- $ -0- 0 Total $ 5,803,881 $ 4,278,144 126 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 $ 19,905,552 Utilities $ -0- Postage $ -0- W.I.N. Benefits $ 479,964 Benefits for Child Care $ 14,937,115 Total Funds Budgeted $ 35,322,631 Agency Funds $ 7,209,050 Social Services Block Grant Funds $ 15,098,253 State Funds Budgeted $ 13,015,328 Total Positions Budgeted 0 Authorized Motor Vehicles 111 Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Work Incentive Benefits $ 479,964 $ 47,996 0 Legal Services $ 435,000 $ 210,000 0 AFDC - Family Foster Care $ 3,895,045 $ 1,279,947 0 AFDC - Institutional Foster Care $ 1,348,519 $ 443,135 0 Specialized Foster Care $ 357,003 $ 80,603 0 Child Welfare - Family Foster Care $ 7,609,011 $ 6,123,011 0 Adoption Supplement $ 544,663 $ 544,663 0 Liability Insurance $ 16,000 $ 16,000 0 Emergency Shelter Care $ 99,428 $ 99,428 0 Day Care $ 18,808789 $ 3,227,836 0 Psychiatric, Psychological and Speech Therapy $ 148,000 $ 148,000 0 Maternity Care $ 50,000 $ 50,000 0 Return of Runaways - County $ 7,000 $ 7,000 0 Child Welfare Institutional Foster Care $ 567,082 $ 567,082 0 Home Management - Contracts $ 161,447 $ 23,899 0 Outreach - Contracts $ 773,680 $ 124,728 0 Special Projects $ 22,000 $ 22,000 0 Undistributed $ -0- $ -0- 0 Total $ 35,322,631 $ 13,015,328 0 10. Youth Services - Program Direction and Support: Personal Services $ 1,152,204 Regular Operating Expenses $ 31,594 Travel $ 26,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,050 Equipment Purchases $ 795 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 28,004 Per Diem, Fees and Contracts $ 347,000 Utilities $ -0- Postage $ -0- Benefits for Child Care $ -0- Total Funds Budgeted $ 1,592,397 Indirect DOAS Services Funding $ -0- Agency Funds $ -0- State Funds Budgeted $ 1,592,397 Total Positions Budgeted 38 Authorized Motor Vehicles 0 11. Services to the Aged Budget: Personal Services $ 2,111,688 Regular Operating Expenses $ 47,128 Travel $ 82,650 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 20,100 Telecommunications $ 53,335 Per Diem, Fees and Contracts $ 20,557,854 Utilities $ -0- Postage $ 6,200 Total Funds Budgeted $ 22,902,455 Social Services Block Grant Funds $ 3,368,035 Agency Funds $ 17,146,078 State Funds Budgeted $ 2,388,342 Total Positions Budgeted 80 Authorized Motor Vehicles 224 Services to the Aged Functional Budgets Total Funds State Funds Pos. Administration and Planning $ 2,705,281 $ 610,556 41 Aging Services $ 19,189,574 $ 1,452,876 0 Alternative Health Services $ 1,007,600 $ 324,910 39 Undistributed $ -0- $ -0- 0 Total $ 22,902,455 $ 2,388,342 80 12. Rehabilitation Services - Program Direction and Support Budget: Personal Services $ 1,551,362 Regular Operating Expenses $ 82,779 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 Grants for Nephrology Centers $ 220,500 Total Funds Budgeted $ 2,951,909 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,683,795 State Funds Budgeted $ 1,268,114 Total Positions Budgeted 50 Rehabilitation Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 2,438,665 $ 866,676 48 Grants Management $ 513,244 $ 401,438 2 Undistributed $ -0- $ -0- 0 Total $ 2,951,909 $ 1,268,114 50 13. Rehabilitation Services - Facilities Budget: Personal Services $ 3,675,845 Regular Operating Expenses $ 731,758 Travel $ 21,700 Motor Vehicle Equipment Purchases $ 49,359 Publications and Printing $ 2,660 Equipment Purchases $ 56,441 Computer Charges $ -0- Real Estate Rentals $ 266,402 Telecommunications $ 48,520 Per Diem, Fees and Contracts $ 144,500 Utilities $ 95,850 Postage $ 6,000 Capital Outlay $ -0- Case Services $ -0- Total Funds Budgeted $ 5,099,035 Indirect DOAS Services Funding $ -0- Agency Funds $ 4,187,162 State Funds Budgeted $ 911,873 Total Positions Budgeted 161 Authorized Motor Vehicles 19 Rehabilitation Services - Facilities Functional Budgets Total Funds State Funds Pos. Atlanta Rehabilitation Center $ 1,848,130 $ 357,136 65 Alto Rehabilitation Center $ 271,878 $ 62,219 10 Rehabilitation Center for the Deaf - Cave Spring $ 399,254 $ 89,184 16 Central Rehabilitation Center $ 521,077 $ 118,281 18 Georgia Vocational Adjustment Center - Gracewood $ 338,218 $ 77,366 17 Ireland Rehabilitation Center $ 336,096 $ 77,136 13 M. S. McDonald Evaluation Center $ 177,840 $ 40,040 6 J. F. Kennedy Center $ 397,892 $ 90,511 16 Production Workshop $ 808,650 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 5,099,035 $ 911,873 161 14. Roosevelt Warm Springs Rehabilitation Institute: Personal Services $ 8,101,241 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 $ 11,944,565 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 8,630,075 State Funds Budgeted $ 3,264,490 Total Positions Budgeted 413 Authorized Motor Vehicles 24 Roosevelt Warm Springs Rehabilitation Institute - Functional Budgets Total Funds State Funds Pos. Administration $ 4,349,882 $ 1,776,318 146 Rehabilitation Services $ 7,594,683 $ 1,488,172 267 Undistributed $ -0- $ -0- 0 Total $ 11,944,565 $ 3,264,490 413 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 $ 15,448,994 Regular Operating Expenses $ 359,729 Travel $ 433,000 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 $ 376,400 Utilities $ 60,000 Postage $ 80,680 Contract with Vocational Rehabilitation Community Facilities $ 3,830,000 Contract for Epilepsy $ 65,000 Case Services $ 8,719,899 E.S.R.P. Case Services $ 75,000 Contract with the Affirmative Industries $ 108,000 Cerebral Palsy Contract $ 140,000 Total Funds Budgeted $ 30,784,718 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 20,430,631 State Funds Budgeted $ 10,304,087 Total Positions Budgeted 593 Authorized Motor Vehicles 5 Rehabilitation Services Functional Budgets Total Funds State Funds Pos. District Field Services $ 25,763,073 $ 5,928,510 573 Independent Living $ 237,645 $ 76,321 5 Sheltered Employment $ 954,000 $ 469,256 15 Community Facilities $ 3,830,000 $ 3,830,000 0 Undistributed $ -0- $ -0- 0 Total $ 30,784,718 $ 10,304,087 593 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 407 18. Public Assistance Budget: Personal Services $ -0- Regular Operating Expenses $ 14,282,352 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 $ 504,000 SSI-Supplement Benefits $ 36,200 AFDC Benefits $ 201,825,716 Total Funds Budgeted $ 216,648,268 Agency Funds $ 150,301,068 State Funds Budgeted $ 66,347,200 Total Positions Budgeted 0 Public Assistance Functional Budgets Total Funds State Funds Pos. Refugee Benefits $ 2,101,050 $ -0- 0 AFDC Payments $ 201,825,716 $ 66,311,000 0 SSI - Supplement Benefits $ 36,200 $ 36,200 0 Energy Benefits $ 12,685,302 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 216,648,268 $ 66,347,200 0 19. Local Services - Community Services and Benefits Payments Budget: Personal Services $ -0- Regular Operating Expenses $ 15,000 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,926,000 Local Services Benefits Payments Grants $ 61,272,490 Grants to Counties for Social Services $ 46,231,215 Grants to Fulton County for 24-hour Emergency Social Services $ 182,400 Homemaker Meals $ 94,437 Chatham County Homemaker Project $ 448,213 Douglas County Homemaker Project $ 114,394 Fulton County Homemaker Project $ 296,782 Total Funds Budgeted $ 111,580,931 Agency Funds $ 43,351,734 Social Services Block Grant Funds $ 15,692,787 State Funds Budgeted $ 52,536,410 Total Positions Budgeted 0 Local Services - Community Service and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services - Benefits Payments Grants $ 61,272,490 $ 30,566,245 0 Grants to Counties for Social Services $ 46,231,215 $ 21,415,339 0 Food Stamp Issuance $ 2,941,000 $ -0- 0 Grants to Fulton County for 24-hour Emergency Services $ 182,400 $ 182,400 0 Homemaker Projects $ 953,826 $ 372,426 0 Undistributed $ -0- $ -0- 0 Total $ 111,580,931 $ 52,536,410 0 20. Family and Children Services - Program Direction and Support Budget: Personal Services $ 10,263,250 Regular Operating Expenses $ 354,628 Travel $ 394,104 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 866,965 Equipment Purchases $ 10,725 Computer Charges $ 7,429,108 Real Estate Rentals $ 199,310 Telecommunications $ 1,224,780 Per Diem, Fees and Contracts $ 3,531,505 Utilities $ 5,500 Postage $ 641,800 Total Funds Budgeted $ 24,921,675 Agency Funds $ 12,780,131 Indirect DOAS Services Funding $ 619,875 Social Services Block Grant Funds $ 2,693,787 State Funds Budgeted $ 8,827,882 Total Positions Budgeted 375 Authorized Motor Vehicles 0 Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 572,551 $ 572,551 9 Administration and Management $ 3,550,775 $ 2,317,122 95 District Administration $ 3,723,972 $ 3,723,972 106 Program Planning and Development $ 1,119,429 $ 1,119,429 16 Program Management and Training $ 5,177,861 $ 1,993,906 58 Management Information Systems $ 9,814,674 $ 5,266,730 57 Child Development Administration $ 962,413 $ 962,413 34 Indirect Cost $ -0- $ (7,128,241) 0 Undistributed $ -0- $ -0- 0 Total $ 24,921,675 $ 8,827,882 375 Budget Unit Object Classes : Personal Services $ 104,691,626 Regular Operating Expenses $ 51,766,511 Travel $ 2,730,097 Motor Vehicle Equipment Purchases $ 167,350 Publications and Printing $ 1,545,583 Equipment Purchases $ 362,451 Computer Charges $ 11,442,698 Real Estate Rentals $ 5,472,311 Telecommunications $ 3,806,571 Per Diem, Fees and Contracts $ 72,595,230 Utilities $ 877,200 Postage $ 1,590,205 Capital Outlay $ -0- Grants for Regional Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 4,425,000 Crippled Children Clinics $ 554,572 Kidney Disease Benefits $ 576,180 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 $ 33,686,910 Work Incentive Benefits $ 479,964 Grants to Fulton County for 24-hour Emergency Social Services $ 182,400 Benefits for Child Care $ 15,698,315 Homemaker Meals $ 94,437 Chatham County Homemaker Project $ 448,213 Douglas County Homemaker Project $ 114,394 Fulton County Homemaker Project $ 296,782 Grants for Nephrology Centers $ 220,500 Case Services $ 17,823,399 E.S.R.P. Case Services $ 75,000 SSI-Supplement Benefits $ 36,200 AFDC Benefits $ 201,825,716 Local Services Benefits Payments $ 61,272,490 Grants to Counties for Social Services $ 46,231,215 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 $ 3,000,000 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 4,224 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 $66,311,000 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 reating 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. It is the intent of the General Assembly that the Department of Human Resources transfer funds from other areas of Budget Unit A to insure that rates in effect for the various Special Program Services of AFDC-Institutional Foster Care and Child Welfare-Institutional Foster Care be not less than the rates paid for such various services on June 30, 1983. For the purposes of this Act, common object classes are defined as: Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Real Estate Rentals, Telecommunications, Per Diem, Fees and Contracts and Utilities. B. Budget Unit: State Health Planning and Development $ 452,232 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 $ 391,707 State Funds Budgeted $ 452,232 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 $ 283,066,700 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 9,296,496 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 $ 211,504 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 $ 11,431,908 Agency Funds $ 1,631,365 Indirect DOAS Services Funding $ 65,900 State Funds Budgeted $ 9,734,643 Total Positions Budgeted 497 Authorized Motor Vehicles 25 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 11,908,281 Regular Operating Expenses $ 1,401,687 Travel $ 12,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,000 Equipment Purchases $ 31,700 Computer Charges $ 158,668 Real Estate Rentals $ -0- Telecommunications $ 141,026 Per Diem, Fees and Contracts $ 314,130 Utilities $ 587,994 Postage $ 13,000 Capital Outlay $ -0- Authority Lease Rentals $ -0- Total Funds Budgeted $ 14,576,186 Agency Funds $ 2,582,236 Indirect DOAS Services Funding $ 102,100 State Funds Budgeted $ 11,891,850 Total Positions Budgeted 622 Authorized Motor Vehicles 25 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 9,685,368 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 $ 140,137 Real Estate Rentals $ -0- Telecommunications $ 117,433 Per Diem, Fees and Contracts $ 143,720 Utilities $ 444,860 Postage $ 7,500 Authority Lease Rentals $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 11,514,750 Agency Funds $ 1,324,761 Indirect DOAS Services Funding $ 93,300 State Funds Budgeted $ 10,096,689 Total Positions Budgeted 505 Authorized Motor Vehicles 22 4. West Central Georgia Regional Hospital Budget: Personal Services $ 7,992,438 Regular Operating Expenses $ 849,739 Travel $ 12,400 Motor Vehicle Equipment Purchases $ 44,740 Publications and Printing $ 5,120 Equipment Purchases $ 38,776 Computer Charges $ 102,766 Real Estate Rentals $ -0- Telecommunications $ 113,420 Per Diem, Fees and Contracts $ 38,250 Utilities $ 480,231 Postage $ 12,500 Authority Lease Rentals $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 9,690,380 Agency Funds $ 1,462,807 Indirect DOAS Services Funding $ 82,300 State Funds Budgeted $ 8,145,273 Total Positions Budgeted 424 Authorized Motor Vehicles 27 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 12,131,753 Regular Operating Expenses $ 1,138,951 Travel $ 8,400 Motor Vehicle Equipment Purchases $ 10,200 Publications and Printing $ 800 Equipment Purchases $ 73,475 Computer Charges $ 159,882 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 $ -0- Total Funds Budgeted $ 14,947,043 Agency Funds $ 3,799,330 Indirect DOAS Services Funding $ 93,300 State Funds Budgeted $ 11,054,413 Total Positions Budgeted 678 Authorized Motor Vehicles 45 6. Gracewood State School and Hospital Budget: Personal Services $ 27,659,122 Regular Operating Expenses $ 2,706,659 Travel $ 6,525 Motor Vehicle Equipment Purchases $ 39,630 Publications and Printing $ 4,620 Equipment Purchases $ 233,724 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 $ 33,311,294 Agency Funds $ 11,769,282 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 21,442,012 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 $ 19,408,870 Regular Operating Expenses $ 1,880,752 Travel $ 14,000 Motor Vehicle Equipment Purchases $ 15,855 Publications and Printing $ 4,000 Equipment Purchases $ 253,819 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 $ 23,048,949 Agency Funds $ 7,337,428 Indirect DOAS Services Funding $ 98,800 State Funds Budgeted $ 15,612,721 Total Positions Budgeted 1,104 Authorized Motor Vehicles 53 8. Georgia Retardation Center Budget: Personal Services $ 16,237,316 Regular Operating Expenses $ 2,443,810 Travel $ 11,700 Motor Vehicle Equipment Purchases $ 48,536 Publications and Printing $ 5,100 Equipment Purchases $ 60,468 Computer Charges $ 171,104 Real Estate Rentals $ -0- Telecommunications $ 220,744 Per Diem, Fees and Contracts $ 107,770 Utilities $ 1,360,380 Postage $ 12,750 Authority Lease Rentals $ 219,877 Capital Outlay $ -0- Total Funds Budgeted $ 20,899,555 Agency Funds $ 8,330,891 Indirect DOAS Services Funding $ 109,800 State Funds Budgeted $ 12,458,864 Total Positions Budgeted - July 1, 1983 887 Total Positions Budgeted - June 30, 1984 882 Authorized Motor Vehicles 39 9. Georgia Mental Health Institute Budget: Personal Services $ 10,081,634 Regular Operating Expenses $ 1,161,829 Travel $ 12,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,950 Equipment Purchases $ 49,577 Computer Charges $ 200,443 Real Estate Rentals $ -0- Telecommunications $ 184,040 Per Diem, Fees and Contracts $ 647,715 Utilities $ 1,476,180 Postage $ 12,000 Authority Lease Rentals $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 13,829,768 Agency Funds $ 1,494,184 Indirect DOAS Services Funding $ 202,100 State Funds Budgeted $ 12,133,484 Total Positions Budgeted 510 Authorized Motor Vehicles 20 10. Central State Hospital Budget: Personal Services $ 71,910,814 Regular Operating Expenses $ 9,651,711 Travel $ 25,800 Motor Vehicle Equipment Purchases $ 159,895 Publications and Printing $ 17,500 Equipment Purchases $ 255,098 Computer Charges $ 665,107 Real Estate Rentals $ -0- Telecommunications $ 494,233 Per Diem, Fees and Contracts $ 226,800 Utilities $ 5,627,147 Postage $ 42,500 Authority Lease Rentals $ 522,563 Capital Outlay $ 275,000 Total Funds Budgeted $ 89,874,168 Agency Funds $ 24,506,006 Indirect DOAS Services Funding $ 677,400 State Funds Budgeted $ 64,690,762 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 $ 77,267,085 $ 64,690,762 3686/3655 Veterans Services $ 7,948,115 $ -0- 267 Department of Offender Rehabilitation Services $ 4,658,968 $ -0- 0 Total $ 89,874,168 $ 64,690,762 3953/3922 11. State Youth Development Centers Budget: Personal Services $ 13,091,576 Regular Operating Expenses $ 1,442,330 Travel $ 7,500 Motor Vehicle Equipment Purchases $ 57,023 Publications and Printing $ 3,200 Equipment Purchases $ 406,635 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 137,165 Per Diem, Fees and Contracts $ 133,800 Utilities $ 985,300 Postage $ 19,500 Capital Outlay $ 56,400 Total Funds Budgeted $ 16,340,429 Agency Funds $ 334,500 State Funds Budgeted $ 16,005,929 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 $ 22,295 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 $ 2,140,874 Total Funds Budgeted $ 10,996,207 Agency Funds $ 249,305 State Funds Budgeted $ 10,746,902 Total Positions Budgeted 414 Authorized Motor Vehicles 41 13. Community Mental Health/Mental Retardation Services Budget: Personal Services $ 9,085,665 Regular Operating Expenses $ 543,212 Travel $ 40,300 Motor Vehicle Equipment Purchases $ 11,500 Publications and Printing $ 3,200 Equipment Purchases $ 13,000 Computer Charges $ -0- Real Estate Rentals $ 73,075 Telecommunications $ 36,500 Per Diem, Fees and Contracts $ 459,532 Utilities $ 22,600 Postage $ 1,800 Capital Outlay $ -0- Drug Abuse Contracts $ 929,794 Day Care Centers for the Mentally Retarded $ 50,999,537 MR Day Care Center Motor Vehicle Purchases $ 579,000 Supportive Living Staff $ 1,366,294 Supportive Living Benefits $ 5,368,861 Georgia State Foster Grandparent/Senior Companion Program $ 530,212 Community Mental Health Center Services $ 61,522,029 Project Rescue $ 287,700 Project ARC $ 177,299 Project Friendship $ 240,500 Group Homes for Autistic Children $ 265,637 Uniform Alcoholism Projects $ 2,622,241 Community Mental Retardation Staff $ 2,976,993 Community Mental Retardation Residential Services $ 10,478,268 Total Funds Budgeted $ 148,634,749 Social Services Block Grant Funds $ 30,010,470 Agency Funds $ 50,546,274 State Funds Budgeted $ 68,078,005 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 $ 5,808,539 221 Outdoor Therapeutic Program $ 1,028,363 $ 1,028,363 40 Mental Retardation Community Assistance $ 1,689,126 $ 1,689,126 62 Central Pharmacy $ 127,093 $ 127,093 3 Metro Drug Abuse Centers $ 1,212,689 $ 569,599 44 Day Care Centers for the Mentally Retarded $ 51,578,537 $ 16,843,623 0 Supportive Living $ 6,735,155 $ 3,302,488 0 Georgia State Foster Grandparent/Senior Companion Program $ 530,212 $ 530,212 0 Community Mental Retardation Staff $ 3,108,525 $ 2,177,738 0 Community Mental Retardation Residential Services $ 10,478,268 $ 7,131,820 0 Group Homes for Autistic Children $ 265,637 $ 265,637 0 Project Rescue $ 287,700 $ 124,700 0 Drug Abuse Contracts $ 929,794 $ 921,951 0 Project ARC $ 177,299 $ 177,299 0 Project Friendship $ 240,500 $ 240,500 0 Community Mental Health Center Services $ 61,522,029 $ 25,410,776 0 Uniform Alcoholism Projects $ 2,622,241 $ 1,728,541 0 Central Laboratory $ 236,142 $ -0- 6 Undistributed $ -0- $ -0- 0 Total $ 148,634,749 $ 68,078,005 376 14. Community Youth Services Budget: Personal Services $ 8,758,229 Regular Operating Expenses $ 1,192,187 Travel $ 376,800 Motor Vehicle Equipment Purchases $ 29,384 Publications and Printing $ 3,300 Equipment Purchases $ 20,198 Computer Charges $ -0- Real Estate Rentals $ 281,500 Telecommunications $ 237,005 Per Diem, Fees and Contracts $ -0- Utilities $ 38,350 Postage $ 22,200 Child Care Benefits $ 16,000 Total Funds Budgeted $ 10,975,153 State Funds Budgeted $ 10,975,153 Total Positions Budgeted 412 Authorized Motor Vehicles 19 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 517,412 $ 517,412 19 Community Detention $ 1,107,529 $ 1,107,529 17 Day Centers $ 602,533 $ 602,533 23 Community Treatment Centers $ 1,835,321 $ 1,835,321 77 Court Services $ 6,136,042 $ 6,136,042 258 Runaway Investigations $ 388,683 $ 388,683 15 Interstate Compact $ 77,633 $ 77,633 3 Purchased Services $ 310,000 $ 310,000 0 Undistributed $ -0- $ -0- 0 Total $ 10,975,153 $ 10,975,153 412 15. Regular Operating Expense Reserve Budget: Regular Operating Expense $ -0- Total Funds $ -0- State Funds $ -0- Budget Unit Object Classes : Personal Services $ 234,361,128 Regular Operating Expenses $ 27,314,432 Travel $ 560,525 Motor Vehicle Equipment Purchases $ 484,272 Publications and Printing $ 67,290 Equipment Purchases $ 1,556,936 Computer Charges $ 1,967,734 Real Estate Rentals $ 354,575 Telecommunications $ 2,421,991 Per Diem, Fees and Contracts $ 2,812,202 Utilities $ 16,007,850 Postage $ 198,525 Capital Outlay $ 719,400 Authority Lease Rentals $ 742,440 Grants to County-Owned Detention Centers $ 2,140,874 Drug Abuse Contracts $ 929,794 Day Care Centers for the Mentally Retarded $ 50,999,537 MR Day Care Center Motor Vehicle Purchases $ 579,000 Supportive Living Staff $ 1,366,294 Supportive Living Benefits $ 5,368,861 Georgia State Foster Grandparent/Senior Companion Program $ 530,212 Community Mental Health Center Services $ 61,522,029 Project Rescue $ 287,700 Project ARC $ 177,299 Project Friendship $ 240,500 Group Homes for Autistic Children $ 265,637 Uniform Alcoholism Projects $ 2,622,241 Child Care Benefits $ 16,000 Community Mental Retardation Staff $ 2,976,993 Community Mental Retardation Residential Services $ 10,478,268 Total Positions Budgeted - July 1, 1983 12,693 Total Positions Budgeted - June 30, 1984 12,615 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 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 to $392 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 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, however, the Department is authorized and directed to utilize $123,500 of available surplus and reserves of the Georgia Building Authority (Hospital) for completion of Phase II of the electrical system upgrading and for repair of an elevator in the Powell Building at Central State Hospital. 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 $ 8,618,196 1. Industry Budget: Personal Services $ 540,086 Regular Operating Expenses $ 10,000 Travel $ 69,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,400 Equipment Purchases $ 150 Computer Charges $ 21,622 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 646,558 State Funds Budgeted $ 646,558 Total Positions Budgeted 16 2. Research Budget: Personal Services $ 353,082 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 $ 432,508 State Funds Budgeted $ 432,508 Total Positions Budgeted 14 3. Tourism - Promotional Budget: Personal Services $ 617,361 Regular Operating Expenses $ 71,900 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 $ 1,095,235 State Funds Budgeted $ 1,095,235 Total Positions Budgeted 26 4. Tourist - Welcome Centers Budget: Personal Services $ 1,480,424 Regular Operating Expenses $ 352,988 Travel $ 30,000 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 $ 2,005,377 State Funds Budgeted $ 1,915,377 Total Positions Budgeted 93 5. Internal Administration Budget: Personal Services $ 634,038 Regular Operating Expenses $ 208,670 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 $ 145,000 Georgia Ports Authority - Authority Lease Rentals $ 2,735,000 Georgia Ports Authority - General Obligation Bond Payments $ 637,946 Atlanta Council for International Visitors $ 25,000 Waterway Development in Georgia $ 25,000 Georgia Music Week Promotion $ 20,000 Georgia World Congress Center Operating Expenses $ 485,000 International Council of Georgia, Inc. $ -0- Total Funds Budgeted $ 5,361,693 State Funds Budgeted $ 3,124,563 Total Positions Budgeted 24 6. International Budget: Personal Services $ 561,848 Regular Operating Expenses $ 62,500 Travel $ 92,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ 1,400 Computer Charges $ 25,500 Real Estate Rentals $ 42,000 Telecommunications $ 20,500 Per Diem, Fees and Contracts $ 83,250 Total Funds Budgeted $ 904,498 State Funds Budgeted $ 904,498 Total Positions Budgeted 17 7. Advertising Budget: Advertising $ 499,457 Total Funds Budgeted $ 499,457 State Funds Budgeted $ 499,457 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 4,186,839 Regular Operating Expenses $ 710,858 Travel $ 271,800 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 294,456 Equipment Purchases $ 16,275 Computer Charges $ 72,446 Real Estate Rentals $ 288,469 Telecommunications $ 153,760 Per Diem, Fees and Contracts $ 216,020 Postage $ 145,000 Local Welcome Center Contracts $ 110,000 Advertising $ 499,457 Georgia Ports Authority - Authority Lease Rentals $ 2,735,000 Georgia Ports Authority - General Obligation Bond Payments $ 637,946 Historic Chattahoochee Commission Contract $ 40,000 Atlanta Council for International Visitors $ 25,000 Waterway Development in Georgia $ 25,000 Georgia Music Week Promotion $ 20,000 Georgia World Congress Center Operating Expenses $ 485,000 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 $ 3,676,090 Regular Operating Expenses $ 1,392,178 Travel $ 36,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,600 Equipment Purchases $ 40,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 68,160 Per Diem, Fees and Contracts $ 200,352 Atlanta Convention and Visitors Bureau $ 1,000,000 Total Funds Budgeted $ 6,437,380 State Funds Budgeted $ -0- Total Positions Budgeted 147 2. Georgia Ports Authority Budget: Personal Services $ 21,000,000 Regular Operating Expenses $ 8,070,228 Travel $ 475,207 Motor Vehicle Equipment Purchases $ 472,080 Publications and Printing $ 250,108 Equipment Purchases $ 3,119,000 Real Estate Rentals $ 189,403 Telecommunications $ 512,960 Repayments for Previous Capital Improvement Funding $ 2,227,130 Computer Charges $ 457,142 Per Diem, Fees and Contracts $ 1,211,582 Other Debt-Service Payments $ 721,150 Capital Outlay - Internal Operations $ 24,408,920 Capital Reinvestment $ -0- Total Funds Budgeted $ 63,114,910 State Funds Budgeted $ -0- Total Positions Budgeted 780 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. Budget Unit Object Classes : Personal Services $ 24,676,090 Regular Operating Expenses $ 9,462,406 Travel $ 511,207 Motor Vehicle Equipment Purchases $ 472,080 Publications and Printing $ 274,708 Equipment Purchases $ 3,159,000 Computer Charges $ 457,142 Real Estate Rentals $ 189,403 Telecommunications $ 581,120 Per Diem, Fees and Contracts $ 1,411,934 Repayments for Previous Capital Improvement Funding $ 2,227,130 Other Debt-Service Payments $ 721,150 Capital Outlay - Internal Operations $ 24,408,920 Atlanta Convention and Visitors Bureau $ 1,000,000 Total Positions Budgeted 927 Authorized Motor Vehicles 36 Section 28. Department of Labor . A. Budget Unit: Inspection Division $ 781,510 Inspection Division Budget: Personal Services $ 661,229 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 $ 7,971 Telecommunications $ 6,100 Per Diem, Fees and Contracts $ 200 Total Funds Budgeted $ 781,510 State Funds Budgeted $ 781,510 Total Positions Budgeted 28 Budget Unit Object Classes : Personal Services $ 661,229 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 $ 7,971 Telecommunications $ 6,100 Per Diem, Fees and Contracts $ 200 Total Positions Budgeted 28 B. Budget Unit: Basic Employment, Food Stamps, Work Incentive, Correctional Services, Comprehensive Employment and Training and Job Training Partnership $ 3,419,641 1. Basic Employment Security Budget: Personal Services $ 38,169,861 Regular Operating Expenses $ 3,565,157 Travel $ 1,005,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,200 Equipment Purchases $ 980,000 Computer Charges $ 14,000 Real Estate Rentals $ 1,430,096 Telecommunications $ 965,000 Per Diem, Fees and Contracts $ 822,750 W.I.N. Grants $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 46,961,064 State Funds Budgeted $ 1,071,665 Total Positions Budgeted 1,519 2. Work Incentive Program Budget: Personal Services $ 2,526,797 Regular Operating Expenses $ 100,625 Travel $ 20,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 20,526 Computer Charges $ 1,000 Real Estate Rentals $ 35,000 Telecommunications $ 49,825 Per Diem, Fees and Contracts $ 1,021,061 W.I.N. Grants $ 226,782 Capital Outlay $ -0- Total Funds Budgeted $ 4,002,616 State Funds Budgeted $ 400,262 Total Positions Budgeted 82 3. 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 4. Correctional Services Budget: Personal Services $ 1,770,068 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 $ 1,947,714 State Funds Budgeted $ 1,947,714 Total Positions Budgeted 74 5. Job Training Partnership Act Budget: Personal Services $ 4,671,596 Regular Operating Expenses $ 522,900 Travel $ 75,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,250 Equipment Purchases $ 6,750 Computer Charges $ 2,250 Real Estate Rentals $ 135,750 Telecommunications $ 136,500 Per Diem, Fees and Contracts (JTPA) $ 37,500 Total Funds Budgeted $ 5,590,496 State Funds Budgeted $ -0- Total Positions Budgeted 200 Budget Unit Object Classes : Personal Services $ 57,749,701 Regular Operating Expenses $ 5,531,506 Travel $ 1,323,245 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,700 Equipment Purchases $ 1,026,576 Computer Charges $ 23,250 Real Estate Rentals $ 2,025,846 Telecommunications $ 1,550,325 Per Diem, Fees and Contracts (CETA) $ 12,000 Per Diem, Fees and Contracts (JTPA) $ 37,500 Per Diem, Fees and Contracts $ 1,853,811 W.I.N. Grants $ 226,782 CETA Direct Benefits $ 37,469,000 Capital Outlay $ -0- Total Positions Budgeted 2,297 Authorized Motor Vehicles 6 Provided, however, that the Department of Labor is not required to budget Work Incentive (WIN) as a separate activity prior to July 1, 1984. Section 29. Department of Law . Budget Unit: Department of Law $ 4,631,591 Attorney General's Office Budget: Personal Services $ 4,062,095 Regular Operating Expenses $ 359,664 Travel $ 95,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,150 Equipment Purchases $ 2,590 Computer Charges $ 32,050 Real Estate Rentals $ 311,807 Telecommunications $ 97,735 Per Diem, Fees and Contracts $ 30,500 Books for State Library $ 55,000 Capital Outlay $ -0- Total Funds Budgeted $ 5,076,591 State Funds Budgeted $ 4,631,591 Total Positions Budgeted 116 Budget Unit Object Classes : Personal Services $ 4,062,095 Regular Operating Expenses $ 359,664 Travel $ 95,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,150 Equipment Purchases $ 2,590 Computer Charges $ 32,050 Real Estate Rentals $ 311,807 Telecommunications $ 97,735 Per Diem, Fees and Contracts $ 30,500 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, $30,500 is designated and committed for Court Reporter Fees. Section 30. Department of Medical Assistance . Budget Unit: Medicaid Services $ 218,839,832 1. Commissioner's Office Budget: Personal Services $ 434,572 Regular Operating Expenses $ 9,200 Travel $ 6,600 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 400 Equipment Purchases $ -0- Real Estate Rentals $ 55,336 Telecommunications $ 11,600 Per Diem, Fees and Contracts $ 105,900 Total Funds Budgeted $ 635,608 State Funds Budgeted $ 273,921 Total Positions Budgeted 11 2. Administration Budget: Personal Services $ 860,673 Regular Operating Expenses $ 47,430 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,810 Equipment Purchases $ 8,000 Computer Charges $ -0- Real Estate Rentals $ 215,113 Telecommunications $ 19,774 Per Diem, Fees and Contracts $ 10,000 Postage $ 163,765 Audits Contracts $ 479,504 Total Funds Budgeted $ 1,819,069 State Funds Budgeted $ 592,753 Total Positions Budgeted 38 3. Program Management Budget: Personal Services $ 1,106,031 Regular Operating Expenses $ 51,520 Travel $ 17,910 Publications and Printing $ 35,350 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 263,267 Telecommunications $ 66,381 Per Diem, Fees and Contracts $ 9,300,320 Total Funds Budgeted $ 10,840,779 State Funds Budgeted $ 1,386,710 Total Positions Budgeted 41 4. Operations Budget: Personal Services $ 2,356,090 Regular Operating Expenses $ 164,080 Travel $ 2,200 Publications and Printing $ 144,000 Equipment Purchases $ 5,000 Computer Charges $ 7,840,660 Real Estate Rentals $ 238,280 Telecommunications $ 91,015 Per Diem, Fees and Contracts $ 89,000 Postage $ 712,355 Total Funds Budgeted $ 11,642,680 Indirect DOAS Services Funding $ 1,400,000 Agency Funds $ 8,517,958 State Funds Budgeted $ 1,661,972 Total Positions Budgeted 121 5. Program Integrity Budget: Personal Services $ 1,610,965 Regular Operating Expenses $ 40,060 Travel $ 55,385 Publications and Printing $ 5,800 Equipment Purchases $ -0- Real Estate Rentals $ 214,646 Telecommunications $ 46,825 Per Diem, Fees and Contracts $ 5,000 Postage $ -0- Total Funds Budgeted $ 1,978,681 State Funds Budgeted $ 844,962 Total Positions Budgeted 70 6. Benefits Payments Budget: Medicaid Benefits $ 662,293,952 Payments to Counties for Mental Health $ 10,845,445 Total Funds Budgeted $ 673,139,397 State Funds Budgeted $ 214,079,514 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 6,368,331 Regular Operating Expenses $ 312,290 Travel $ 87,095 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 195,360 Equipment Purchases $ 13,000 Computer Charges $ 7,840,660 Real Estate Rentals $ 986,642 Telecommunications $ 235,595 Per Diem, Fees and Contracts $ 9,510,220 Postage $ 876,120 Medicaid Benefits $ 662,293,952 Payments to Counties for Mental Health $ 10,845,445 Audits Contracts $ 479,504 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 $ 5,269,904 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 $ 477,118 Real Estate Rentals $ -0- Telecommunications $ 18,900 Per Diem, Fees and Contracts $ 5,600 Postage $ 90,300 Total Funds Budgeted $ 1,602,516 Agency Assessments $ 1,602,516 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 $ 166,413 Real Estate Rentals $ -0- Telecommunications $ 5,862 Per Diem, Fees and Contracts $ 1,000 Postage $ 3,000 Total Funds Budgeted $ 698,908 Agency Assessments $ 698,908 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 $ 216,337 Real Estate Rentals $ -0- Telecommunications $ 5,199 Per Diem, Fees and Contracts $ -0- Postage $ 1,100 Total Funds Budgeted $ 555,209 Agency Assessments $ 555,209 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 $ 18,103 Real Estate Rentals $ -0- Telecommunications $ 9,150 Per Diem, Fees and Contracts $ 131,323 Postage $ 4,400 Total Funds Budgeted $ 802,496 Agency Assessments $ 802,496 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 $ 371,029 Real Estate Rentals $ 57,985 Telecommunications $ 48,040 Per Diem, Fees and Contracts $ 4,284,270 Postage $ 27,460 Total Funds Budgeted $ 5,417,652 Other Health Insurance Agency Funds $ -0- Employer and Employee Contributions $ 5,417,652 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 Contribution $ 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 $ 58,000 Postage $ 3,500 Total Funds Budgeted $ 942,830 Agency Assessments $ 942,830 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 $ 1,315,726 Real Estate Rentals $ 573,145 Telecommunications $ 106,478 Per Diem, Fees and Contracts $ 12,687,981 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. Provided, however, the Department is authorized to assess no more than $103.50 per merit system employee for the cost of departmental operations.

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Section 32. epartment of Natural Resources . A. Budget Unit: Department of Natural Resources $ 47,720,627 1. Internal Administration Budget: Personal Services $ 2,227,077 Regular Operating Expenses $ 176,017 Travel $ 18,000 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 167,290 Equipment Purchases $ 500 Computer Charges $ 162,164 Real Estate Rentals $ 167,212 Telecommunications $ 69,529 Per Diem, Fees and Contracts $ 95,200 Postage $ 83,376 Payments to Lake Lanier Islands Development Authority $ 494,700 Payments to Jekyll Island St. Park Authority $ -0- Capital Outlay - Heritage Trust $ 75,000 Total Funds Budgeted $ 3,744,065 Receipts from Jekyll Island State Park Authority $ 50,000 Receipts from Stone Mountain Memorial Association $ 328,500 State Funds Budgeted $ 3,340,565 Total Positions Budgeted 81 2. Game and Fish Budget: Personal Services $ 12,864,974 Regular Operating Expenses $ 3,066,405 Travel $ 67,000 Motor Vehicle Equipment Purchases $ 830,750 Publications and Printing $ 74,000 Equipment Purchases $ 398,186 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 $ 314,375 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 350,000 Total Funds Budgeted $ 18,416,819 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 14,845,330 Total Positions Budgeted 477 3. Parks, Recreation and Historic Sites Budget: Personal Services $ 8,917,690 Regular Operating Expenses $ 3,615,740 Travel $ 75,000 Motor Vehicle Equipment Purchases $ 224,000 Publications and Printing $ 95,000 Equipment Purchases $ 226,000 Computer Charges $ 15,000 Real Estate Rentals $ 132,601 Telecommunications $ 236,456 Per Diem, Fees and Contracts $ 68,400 Postage $ 52,600 Capital Outlay - Repairs and Maintenance $ 1,358,500 Capital Outlay - Shop Stock $ 250,000 Cost of Material for Resale $ 975,000 Authority Lease Rentals $ 1,513,000 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 $ 1,156,800 Technical Assistance Contract $ 100,000 Total Funds Budgeted $ 20,862,787 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 11,769,854 Total Positions Budgeted 373 4. Environmental Protection Budget: Personal Services $ 9,471,542 Regular Operating Expenses $ 652,291 Travel $ 235,400 Motor Vehicle Equipment Purchases $ 25,200 Publications and Printing $ 74,550 Equipment Purchases $ 33,993 Computer Charges $ 101,880 Real Estate Rentals $ 512,513 Telecommunications $ 175,592 Per Diem, Fees and Contracts $ 747,500 Postage $ 89,822 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 $ 20,005,720 State Funds Budgeted $ 16,807,420 Total Positions Budgeted 311 5. Coastal Resources Budget: Personal Services $ 714,670 Regular Operating Expenses $ 170,312 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 16,100 Publications and Printing $ 15,190 Equipment Purchases $ 21,947 Computer Charges $ 15,000 Real Estate Rentals $ -0- Telecommunications $ 18,600 Per Diem, Fees and Contracts $ 7,500 Postage $ 7,139 Capital Outlay - Buoy Maintenance $ 20,000 Total Funds Budgeted $ 1,017,458 State Funds Budgeted $ 957,458 Total Positions Budgeted 25 Budget Unit Object Classes : Personal Services $ 34,195,953 Regular Operating Expenses $ 7,680,765 Travel $ 406,400 Motor Vehicle Equipment Purchases $ 1,104,050 Publications and Printing $ 426,030 Equipment Purchases $ 680,626 Computer Charges $ 338,263 Real Estate Rentals $ 857,764 Telecommunications $ 721,683 Per Diem, Fees and Contracts $ 996,100 Postage $ 295,403 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 - Repairs and Maintenance $ 1,358,500 Capital Outlay - Shop Stock $ 250,000 Capital Outlay - Heritage Trust $ 75,000 Authority Lease Rentals $ 1,513,000 Cost of Material for Resale $ 975,000 Payments to Lake Lanier Islands Development Authority $ 494,700 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 $ 1,156,800 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance $ 314,375 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 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 $ 1,647,232 Regular Operating Expenses $ 676,917 Travel $ 3,605 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 45,095 Equipment Purchases $ 106,050 Computer Charges $ 3,700 Real Estate Rentals $ -0- Telecommunications $ 39,940 Per Diem, Fees and Contracts $ 24,400 Capital Outlay $ -0- Campground Sinking Fund $ -0- Promotion Expenses $ -0- Total Funds Budgeted $ 2,553,939 State Funds Budgeted $ -0- Total Positions Budgeted 64 2. Jekyll Island State Park Authority Budget: Personal Services $ 2,676,298 Regular Operating Expenses $ 1,900,360 Travel $ 31,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 37,295 Equipment Purchases $ -0- Computer Charges $ 18,000 Real Estate Rentals $ -0- Telecommunications $ 40,065 Per Diem, Fees and Contracts $ 101,620 Mortgage Payments $ -0- Capital Outlay $ 1,140,000 Promotion Expenses $ -0- Payments to the Department of Natural Resources $ 50,000 Total Funds Budgeted $ 5,995,538 State Funds Budgeted $ -0- Total Positions Budgeted 165 Budget Unit Object Classes : Personal Services $ 4,323,530 Regular Operating Expenses $ 2,577,277 Travel $ 35,505 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 82,390 Equipment $ 106,050 Computer Charges $ 21,700 Real Estate Rentals $ -0- Telecommunications $ 80,005 Per Diem, Fees and Contracts $ 126,020 Capital Outlay $ 1,140,000 Promotion Expense $ -0- Capital Outlay - Consolidated Maintenance $ 314,375 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 350,000 Total Funds Budgeted $ 18,416,819 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 14,845,330 Total Positions Budgeted 477 3. Parks, Recreation and Historic Sites Budget: Personal Services $ 8,917,690 Regular Operating Expenses $ 3,615,740 Travel $ 75,000 Motor Vehicle Equipment Purchases $ 224,000 Publications and Printing $ 95,000 Equipment Purchases $ 226,000 Computer Charges $ 15,000 Real Estate Rentals $ 132,601 Telecommunications $ 236,456 Per Diem, Fees and Contracts $ 68,400 Postage $ 52,600 Capital Outlay - Repairs and Maintenance $ 1,358,500 Capital Outlay - Shop Stock $ 250,000 Cost of Material for Resale $ 975,000 Authority Lease Rentals $ 1,513,000 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 $ 1,156,800 Technical Assistance Contract $ 100,000 Total Funds Budgeted $ 20,862,787 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 11,769,854 Total Positions Budgeted 373 4. Environmental Protection Budget: Personal Services $ 9,471,542 Regular Operating Expenses $ 652,291 Travel $ 235,400 Motor Vehicle Equipment Purchases $ 25,200 Publications and Printing $ 74,550 Equipment Purchases $ 33,993 Computer Charges $ 101,880 Real Estate Rentals $ 512,513 Telecommunications $ 175,592 Per Diem, Fees and Contracts $ 747,500 Postage $ 89,822 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 $ 20,005,720 State Funds Budgeted $ 16,807,420 Total Positions Budgeted 311 5. Coastal Resources Budget: Personal Services $ 714,670 Regular Operating Expenses $ 170,312 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 16,100 Publications and Printing $ 15,190 Equipment Purchases $ 21,947 Computer Charges $ 15,000 Real Estate Rentals $ -0- Telecommunications $ 18,600 Per Diem, Fees and Contracts $ 7,500 Postage $ 7,139 Capital Outlay - Buoy Maintenance $ 20,000 Total Funds Budgeted $ 1,017,458 State Funds Budgeted $ 957,458 Total Positions Budgeted 25 Budget Unit Object Classes : Personal Services $ 34,195,953 Regular Operating Expenses $ 7,680,765 Travel $ 406,400 Motor Vehicle Equipment Purchases $ 1,104,050 Publications and Printing $ 426,030 Equipment Purchases $ 680,626 Computer Charges $ 338,263 Real Estate Rentals $ 857,764 Telecommunications $ 721,683 Per Diem, Fees and Contracts $ 996,100 Postage $ 295,403 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 - Repairs and Maintenance $ 1,358,500 Capital Outlay - Shop Stock $ 250,000 Capital Outlay - Heritage Trust $ 75,000 Authority Lease Rentals $ 1,513,000 Cost of Material for Resale $ 975,000 Payments to Lake Lanier Islands Development Authority $ 494,700 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 $ 1,156,800 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance $ 314,375 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 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 contempleted 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 $ 1,647,232 Regular Operating Expenses $ 676,917 Travel $ 3,605 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 45,095 Equipment Purchases $ 106,050 Computer Charges $ 3,700 Real Estate Rentals $ -0- Telecommunications $ 39,940 Per Diem, Fees and Contracts $ 24,400 Capital Outlay $ -0- Campground Sinking Fund $ -0- Promotion Expenses $ -0- Total Funds Budgeted $ 2,553,939 State Funds Budgeted $ -0- Total Positions Budgeted 64 2. Jekyll Island State Park Authority Budget: Personal Services $ 2,676,298 Regular Operating Expenses $ 1,900,360 Travel $ 31,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 37,295 Equipment Purchases $ -0- Computer Charges $ 18,000 Real Estate Rentals $ -0- Telecommunications $ 40,065 Per Diem, Fees and Contracts $ 101,620 Mortgage Payments $ -0- Capital Outlay $ 1,140,000 Promotion Expenses $ -0- Payments to the Department of Natural Resources $ 50,000 Total Funds Budgeted $ 5,995,538 State Funds Budgeted $ -0- Total Positions Budgeted 165 Budget Unit Object Classes : Personal Services $ 4,323,530 Regular Operating Expenses $ 2,577,277 Travel $ 35,505 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 82,390 Equipment $ 106,050 Computer Charges $ 21,700 Real Estate Rentals $ -0- Telecommunications $ 80,005 Per Diem, Fees and Contracts $ 126,020 Capital Outlay $ 1,140,000 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 $ 22,400,299 1. General Administration and Support Budget: Personal Services $ 3,560,445 Regular Operating Expenses $ 301,308 Travel $ 34,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,000 Equipment Purchases $ 3,800 Computer Charges $ 775,756 Real Estate Rentals $ 904,193 Telecommunications $ 235,000 Per Diem, Fees and Contracts $ 576,591 Utilities $ -0- Total Funds Budgeted $ 6,441,393 Indirect DOAS Services Funding $ 450,000 State Funds Budgeted $ 5,991,393 Total Positions Budgeted 139 2. Adult Facilities and Program Budget: Personal Services $ 4,127,217 Regular Operating Expenses $ 114,918 Travel $ 117,530 Motor Vehicle Equipment Purchases $ 66,400 Publications and Printing $ -0- Equipment Purchases $ 30,900 Computer Charges $ -0- Real Estate Rentals $ 3,000 Telecommunications $ 26,600 Per Diem, Fees and Contracts $ 383,000 Utilities $ -0- County Subsidy $ 7,093,825 County Subsidy for Jails $ 712,500 Court Costs $ 404,000 Central Repair Fund $ 984,000 Grants for County Workcamp Construction $ 750,000 Grants for Local Jails $ 400,000 Total Funds Budgeted $ 15,213,890 State Funds Budgeted $ 15,213,890 Total Positions Budgeted 165 3. Training and Staff Development Center Budget: Personal Services $ 715,946 Regular Operating Expenses $ 188,070 Travel $ 122,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 15,000 Computer Charges $ -0- Real Estate Rentals $ 80,000 Telecommunications $ 22,000 Per Diem, Fees and Contracts $ -0- Utilities $ 51,000 Total Funds Budgeted $ 1,195,016 State Funds Budgeted $ 1,195,016 Total Positions Budgeted 32 Budget Unit Object Classes : Personal Services $ 8,403,608 Regular Operating Expenses $ 604,296 Travel $ 273,830 Motor Vehicle Equipment Purchases $ 66,400 Publications and Printing $ 51,000 Equipment Purchases $ 49,700 Computer Charges $ 775,756 Real Estate Rentals $ 987,193 Telecommunications $ 283,600 Per Diem, Fees and Contracts $ 959,591 Utilities $ 51,000 County Subsidy $ 7,093,825 County Subsidy for Jails $ 712,500 Court Costs $ 404,000 Central Repair Fund $ 984,000 Grants for County Workcamp Construction $ 750,000 Grants for Local Jails $ 400,000 Total Positions Budgeted 336 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 $ 121,736,447 1. Georgia Training and Development Center Budget: Personal Services $ 1,412,389 Regular Operating Expenses $ 67,350 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 $ 1,642,739 State Funds Budgeted $ 1,642,739 Total Positions Budgeted 66 2. Georgia Industrial Institute Budget: Personal Services $ 5,834,773 Regular Operating Expenses $ 242,901 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 $ 6,707,204 State Funds Budgeted $ 6,707,204 Total Positions Budgeted 298 3. Alto Education and Evaluation Center Budget: Personal Services $ 1,315,244 Regular Operating Expenses $ 49,975 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 $ 1,390,449 State Funds Budgeted $ 1,147,876 Total Positions Budgeted 48 4. Georgia Diagnostic and Classification Center Budget: Personal Services $ 6,108,536 Regular Operating Expenses $ 251,139 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 $ 3,000 Utilities $ 634,000 Total Funds Budgeted $ 7,074,775 State Funds Budgeted $ 7,074,775 Total Positions Budgeted 321 5. Georgia State Prison Budget: Personal Services $ 14,303,396 Regular Operating Expenses $ 664,678 Travel $ 25,299 Motor Vehicle Equipment Purchases $ 30,000 Publications and Printing $ 4,500 Equipment Purchases $ 179,943 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 120,900 Per Diem, Fees and Contracts $ 66,100 Utilities $ 1,444,000 Total Funds Budgeted $ 16,838,816 State Funds Budgeted $ 16,813,816 Total Positions Budgeted 872 6. Consolidated Branches Budget: Personal Services $ 9,967,403 Regular Operating Expenses $ 403,735 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 $ 11,670,913 State Funds Budgeted $ 11,547,913 Total Positions Budgeted 515 7. Middle Georgia Correctional Institution Budget: Personal Services $ 12,248,019 Regular Operating Expenses $ 435,030 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 $ 13,975,789 State Funds Budgeted $ 13,975,789 Total Positions Budgeted 675 8. Jack T. Rutledge Correctional Institution Budget: Personal Services $ 3,008,276 Regular Operating Expenses $ 99,694 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 $ 3,398,970 State Funds Budgeted $ 3,398,970 Total Positions Budgeted 155 9. Central Correctional Institution Budget: Personal Services $ 2,563,236 Regular Operating Expenses $ 80,965 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 $ 2,922,011 State Funds Budgeted $ 2,922,011 Total Positions Budgeted 135 10. Metro Correctional Institution Budget: Personal Services $ 3,368,524 Regular Operating Expenses $ 104,500 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 $ 3,862,599 State Funds Budgeted $ 3,862,599 Total Positions Budgeted 183 11. Coastal Correctional Institution Budget: Personal Services $ 3,246,144 Regular Operating Expenses $ 107,687 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 $ 3,724,931 State Funds Budgeted $ 3,669,931 Total Positions Budgeted 176 12. Central Funds Budgeted: Personal Services $ 145,010 Regular Operating Expenses $ 4,798,974 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 $ 114,000 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Payments to Central State Hospital Utilities $ 100,000 Authority Lease Rentals $ 440,000 Capital Outlay 750,000 Inmate Release Funds $ 881,304 Total Funds Budgeted $ 7,959,763 State Funds Budgeted $ 7,769,763 Total Positions Budgeted 3 13. D.O.T. Work Details Budget: Personal Services $ 600,000 Regular Operating Expenses $ 18,000 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 $ 618,000 State Funds Budgeted $ -0- Total Positions Budgeted 32 14. Food Processing and Distribution Budget: Personal Services $ 3,206,830 RegularOperating Expenses $ 4,985,787 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 305,000 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 $ 10,773,997 State Funds Budgeted $ 10,143,887 Total Positions Budgeted 192 15. Farm Operations Budget: Personal Services $ 744,100 Regular Operating Expenses $ 3,474,822 Travel $ -0- Motor Vehicle Equipment Purchases $ 90,145 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 $ 4,422,767 State Funds Budgeted $ 4,382,767 Total Positions Budgeted 37 16. Dodge Correctional Institution Budget: Personal Services $ 2,230,003 Regular Operating Expenses $ 74,300 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 $ 2,590,223 State Funds Budgeted $ 2,590,223 Total Positions Budgeted 136 17. Transitional Centers Budget: Personal Services $ 2,353,040 Regular Operating Expenses $ 158,981 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 $ 3,041,981 State Funds Budgeted $ 3,041,981 Total Positions Budgeted 119 18. Augusta Correctional and Medical Institution Budget: Personal Services $ 4,123,246 Regular Operating Expenses $ 180,355 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 $ 1,800 Utilities $ 329,000 Total Funds Budgeted $ 4,678,701 State Funds Budgeted $ 4,678,701 Total Positions Budgeted 245 19. Health Care Budget: Personal Services $ 4,910,749 Regular Operating Expenses $ 928,573 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 $ -0- Health Service Purchases $ 10,436,000 Total Funds Budgeted $ 16,365,502 State Funds Budgeted $ 16,365,502 Total Positions Budgeted 237 Budget Unit Object Classes : Personal Services $ 81,688,918 Regular Operating Expenses $ 17,127,446 Travel $ 72,389 Motor Vehicle Equipment Purchases $ 485,145 Publications and Printing $ 73,600 Equipment Purchases $ 1,155,593 Computer Charges $ -0- Real Estate Rentals $ 230,770 Telecommunications $ 844,490 Per Diem, Fees and Contracts $ 194,680 Utilities $ 6,153,935 Payments to Central State Hospital for Meals $ 2,205,880 Payments to Central State Hospital for Utilities $ 879,500 Payments to Jails for State Prisoner Medical Costs $ -0- Inmate Release Funds $ 881,304 Health Service Purchases $ 10,436,000 Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification $ 40,480 Authority Lease Rentals $ 440,000 Capital Outlay $ 750,000 Total Positions Budgeted 4,445 Authorized Motor Vehicles 379 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. Provided, that the above total funds appropriated for `Health Services Purchases' includes payments to jails for State prisoner's medical costs. The Department is authorized to utilize up to $1,400,000 of the Capital Outlay Interest Reserve of the Georgia Building Authority (Penal) for projects at the Georgia State Prison and Rogers Correctional Institution Complex. C. Budget Unit: Board of Pardons and Paroles $ 9,473,332 Board of Pardons and Paroles Budget: Personal Services $ 7,600,900 Regular Operating Expenses $ 294,248 Travel $ 367,650 Motor Vehicle Equipment Purchases $ 53,265 Publications and Printing $ 25,724 Equipment Purchases $ 219,542 Computer Charges $ 20,000 Real Estate Rentals $ 574,473 Telecommunications $ 217,730 Per Diem, Fees and Contracts $ 19,800 County Jail Subsidy $ 80,000 Total Funds Budgeted $ 9,473,332 State Funds Budgeted $ 9,473,332 Total Postions Budgeted 385 Budget Unit Object Classes : Personal Services $ 7,600,900 Regular Operating Expenses $ 294,248 Travel $ 367,650 Motor Vehicle Equipment Purchases $ 53,265 Publications and Printing $ 25,724 Equipment Purchases $ 219,542 Computer Charges $ 20,000 Real Estate Rentals $ 574,473 Telecommunications $ 217,730 Per Diem, Fees and Contracts $ 19,800 County Jail Subsidy $ 80,000 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 $ 19,872,878 1. Probation Operations Budget: Personal Services $ 15,638,376 Regular Operating Expenses $ 517,292 Travel $ 355,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 29,120 Equipment Purchases $ 114,126 Computer Charges $ -0- Real Estate Rentals $ 338,050 Telecommunications $ 222,840 Utilities $ 5,650 Per Diem, Fees and Contracts $ 7,000 Grants for Independent Probation Systems $ 760,100 Total Funds Budgeted $ 17,987,554 State Funds Budgeted $ 16,128,769 Total Positions Budgeted 746 2. Diversion Centers Budget: Personal Services $ 3,456,869 Regular Operating Expenses $ 250,155 Travel 18,350 Motor Vehicle Equipment Purchases $ 17,900 Publications and Printing $ -0- Equipment Purchases $ 60,700 Computer Charges $ -0- Real Estate Rentals $ 246,895 Telecommunications $ 52,000 Utilities $ 224,100 Per Diem, Fees and Contracts $ -0- Capital Outlay $ 100,000 Total Funds Budgeted $ 4,426,969 State Funds Budgeted $ 3,744,109 Total Positions Budgeted 186 Budget Unit Object Classes : Personal Services $ 19,095,245 Regular Operating Expenses $ 767,447 Travel $ 373,350 Motor Vehicle Equipment Purchases $ 17,900 Publications and Printing $ 29,120 Equipment Purchases $ 174,826 Computer Charges $ -0- Real Estate Rentals $ 584,945 Telecommunications $ 274,840 Utilities $ 229,750 Per Diem, Fees and Contracts $ 7,000 Capital Outlay $ 100,000 Grants for Independent Probation Systems $ 760,100 Total Positions Budgeted 932 Authorized Motor Vehicles 93 Provided, that of the above appropriation relating to Grants for 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. Section 34. Department of Public Safety . Budget Unit: Department of Public Safety $ 54,552,913 1. Office of Highway Safety Budget: Personal Services $ 331,436 Regular Operating Expenses $ 27,319 Travel $ 15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,500 Equipment Purchases $ -0- Computer Charges $ 13,506 Real Estate Rentals $ 35,203 Telecommunications $ 18,000 Per Diem, Fees and Contracts $ 13,140 Postage $ 6,000 Total Funds Budgeted $ 478,104 State Funds Budgeted $ 196,443 Total Positions Budgeted 10 2. Administration Budget: Personal Services $ 3,542,043 Regular Operating Expenses $ 1,520,920 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 $ 5,505,091 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 5,472,273 Total Positions Budgeted 170 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 $ 2,841,807 Real Estate Rentals $ 4,278 Telecommunications $ 66,000 Per Diem, Fees and Contracts $ 500 Postage $ 466,582 Conviction Reports $ 185,000 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 310 4. Field Operations Budget: Personal Services $ 26,800,466 Regular Operating Expenses $ 4,695,172 Travel $ 23,800 Motor Vehicle Equipment Purchases $ 2,945,207 Publications and Printing $ 144,000 Equipment Purchases $ 236,051 Computer Charges $ -0- Real Estate Rentals $ 2,729 Telecommunications $ 387,200 Per Diem, Fees and Contracts $ 5,000 Postage $ 34,100 Capital Outlay $ -0- Total Funds Budgeted $ 35,273,725 Indirect DOAS Services Funding $ 150,000 State Funds Budgeted $ 35,123,725 Total Positions Budgeted 992 5. Georgia Peace Officer Standards and Training Budget: Personal Services $ 692,700 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 $ 1,609,859 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 $ 321,703 Regular Operating Expenses $ 41,100 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 $ 5,000 Equipment Purchases $ 4,000 Computer Charges $ 18,500 Real Estate Rentals $ 3,500 Telecommunications $ 3,700 Per Diem, Fees and Contracts $ 12,000 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 $ -0- Telecommunications $ 3,000 Per Diem, Fees and Contracts $ 2,500 Postage $ 500 Capital Outlay $ -0- Total Funds Budgeted $ 111,053 State Funds Budgeted $ 111,053 Total Positions Budgeted 3 Budget Unit Object Classes : Personal Services $ 38,495,060 Regular Operating Expenses $ 6,788,143 Travel $ 205,800 Motor Vehicle Equipment Purchases $ 2,966,147 Publications and Printing $ 506,000 Equipment Purchases $ 376,102 Computer Charges $ 2,984,613 Real Estate Rentals $ 108,392 Telecommunications $ 641,623 Per Diem, Fees and Contracts $ 364,771 Postage $ 562,182 Conviction Reports $ 185,000 Peace Officers Training Grant $ 1,609,859 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 submited 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 $ 11,986,153 Departmental Operations Budget: Payments to Employees' Retirement System $ 168,053 Employer Contributions $ 11,818,100 Total Funds Budgeted $ 11,986,153 State Funds Budgeted $ 11,986,153 Budget Unit Object Classes : Payments to Employees' Retirement System $ 168,053 Employer Contributions $ 11,818,100 Section 36. Public Service Commission . Budget Unit: Public Service Commission $ 4,432,078 1. Administration Budget: Personal Services $ 780,083 Regular Operating Expenses $ 42,210 Travel $ 5,271 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 1,600 Computer Charges $ 2,500 Real Estate Rentals $ 74,733 Telecommunications $ 31,500 Per Diem, Fees and Contracts $ 5,500 Total Funds Budgeted $ 943,897 State Funds Budgeted $ 942,897 Total Positions Budgeted 22 2. Transportation Budget: Personal Services $ 1,087,458 Regular Operating Expenses $ 172,039 Travel $ 36,579 Motor Vehicle Equipment Purchases $ 62,774 Publications and Printing $ 5,600 Equipment Purchases $ 4,020 Computer Charges $ 72,750 Real Estate Rentals $ 60,773 Telecommunications $ 28,480 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,530,473 State Funds Budgeted $ 1,530,473 Total Positions Budgeted 47 3. Utilities Budget: Personal Services $ 1,427,728 Regular Operating Expenses $ 47,914 Travel $ 54,288 Motor Vehicle Equipment Purchases $ 7,776 Publications and Printing $ 1,200 Equipment Purchases $ 5,640 Computer Charges $ 7,338 Real Estate Rentals $ 76,849 Telecommunications $ 31,500 Per Diem, Fees and Contracts $ 487,000 Total Funds Budgeted $ 2,147,233 State Funds Budgeted $ 1,958,708 Total Positions Budgeted 50 Budget Unit Object Classes : Personal Services $ 3,295,269 Regular Operating Expenses $ 262,163 Travel $ 96,138 Motor Vehicle Equipment Purchases $ 70,550 Publications and Printing $ 7,300 Equipment Purchases $ 11,260 Computer Charges $ 82,588 Real Estate Rentals $ 212,355 Telecommunications $ 91,480 Per Diem, Fees and Contracts $ 492,500 Total Positions Budgeted 119 Authorized Motor Vehicles 26 Section 37. Regents, University System of Georgia . A. Budget Unit: Resident Instruction and University System Institutions $ 554,428,528 1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 491,147,398 Sponsored Operations $ 56,847,893 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 120,084,530 Sponsored Operations $ 60,045,157 Office of Minority Business Enterprise $ 302,030 Special Desegregation Programs $ 292,548 Authority Lease Rentals $ 13,370,000 Capital Outlay $ 6,278,557 Total Funds Budgeted $ 748,368,113 Less Agency Funds : Departmental Income $ 18,381,555 Sponsored Income $ 116,893,050 Other Funds $ 145,255,569 Auxiliary Income $ -0- Indirect Communication Charges $ 3,027,300 State Funds Budgeted $ 464,810,639 Total Positions Budgeted 16,871 Provided, that from appropriated funds in this budget unit, the amount of $13,370,000 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 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. $ 716,140 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 229,010 Sponsored Operations $ 4,072 Total Funds Budgeted $ 949,222 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 4,072 Other Funds $ 139,500 Indirect DOAS Services Funding $ 9,800 State Funds Budgeted $ 795,850 Total Positions Budgeted 28 3. Skidaway Institute of Oceanography Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 912,307 Sponsored Operations $ 800,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 535,070 Sponsored Operations $ 943,750 Total Funds Budgeted $ 3,191,127 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 1,743,750 Other Funds $ 409,500 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 1,037,877 Total Positions Budgeted 35 4. Marine Institute Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 407,467 Sposored Operations $ 162,487 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 185,290 Sponsored Operations $ 126,263 Total Funds Budgeted $ 881,507 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 288,750 Other Funds $ -0- Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 592,757 Total Positions Budgeted 19 5. Engineering Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 10,841,771 Sponsored Operations $ 23,700,742 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 6,879,345 Sponsored Operations $ 19,739,840 Agricultural Research $ 487,705 Total Funds Budgeted $ 61,649,403 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 43,440,582 Other Funds $ 11,731,875 Indirect DOAS Services Funding $ 117,600 State Funds Budgeted $ 6,359,346 Total Positions Budgeted 353 6. Engineering Extension Division Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 1,230,447 Sponsored Operations $ 35,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 686,099 Sponsored Operations $ 15,000 Advanced Technology Development Center $ 581,611 Total Funds Budgeted $ 2,548,157 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 50,000 Other Funds $ 1,288,164 Indirect DOAS Services Funding $ 12,200 State Funds Budgeted $ 1,197,793 Total Positions Budgeted 52 7. Agricultural Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 21,668,046 Sponsored Operations $ 4,927,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 7,589,624 Sponsored Operations $ 3,673,000 Total Funds Budgeted $ 37,857,670 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 8,600,000 Other Funds $ 6,839,745 Indirect DOAS Services Funding $ 95,900 State Funds Budgeted $ 22,322,025 Total Positions Budgeted 861 8. Cooperative Extension Service Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 24,772,546 Sponsored Operations $ 4,590,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 3,295,629 Sponsored Operations $ 2,010,000 Total Funds Budgeted $ 34,668,175 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 $ 22,481,475 Total Positions Budgeted 962 9. Eugene Talmadge Memorial Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 56,352,798 Sponsored Operations $ 2,819,815 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 23,616,746 Sponsored Operations $ 670,000 Capital Outlay - ETMH Renovations $ 1,278,928 Total Funds Budgeted $ 84,738,287 Less Agency Funds : Departmental Income $ 1,364,700 Sponsored Income $ 3,489,815 Other Funds $ 50,116,291 Board of Corrections $ 1,548,498 Indirect DOAS Services Funding $ 193,500 State Funds Budgeted $ 28,025,483 Total Positions Budgeted 3,091 10. Veterinary Medicine Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 1,050,654 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 402,498 Sponsored Operations $ -0- Agricultural Research $ 339,300 Fire Ant Research $ 150,000 Total Funds Budgeted $ 1,942,452 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ -0- Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 1,942,452 Total Positions Budgeted 61 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ -0- Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 1,942,452 Total Positions Budgeted 61 11. Veterinary Medicine Teaching Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 781,169 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 972,000 Sponsored Operations $ -0- Total Funds Budgeted $ 1,753,169 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 1,355,178 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 397,991 Total Positions Budgeted 54 12. Family Practice Residency Program Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 133,499 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 94,634 Capitation Contracts for Family Practice Residency $ 1,948,000 Residency Capitation Grants $ 1,785,000 New Program Development Contracts for Family Practice Residency $ 150,000 Student Preceptorships $ 185,000 Total Funds Budgeted $ 4,296,133 State Funds Budgeted $ 4,296,133 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 or otherwise designated 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. $ 681,887 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 307,041 Sponsored Operations $ -0- Total Funds Budgeted $ 988,928 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 820,221 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 168,707 Total Positions Budgeted $ 32 Budget Unit Object Classes : Personal Services: Educ., Gen., and Dept. Svcs. $ 610,696,129 Sponsored Operations $ 93,882,937 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 164,877,516 Sponsored Operations $ 87,227,082 Office of Minority Business Enterprise $ 302,030 Special Desegregation Programs $ 292,548 Fire Ant Research $ 150,000 Agricultural Research $ 827,005 Advanced Technology Development Center $ 581,611 Rental Payments to Georgia Military College $ 190,000 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 $772 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student. The object class Teachers Retirement has been included in the object class Personal Services in this budget unit. C. Budget Unit: Georgia Public Telecommunications Commission $ 3,878,941 Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 3,080,162 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 2,756,558 Sponsored Operatins $ -0- Total Funds Budgeted $ 5,836,720 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 1,957,779 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 3,878,941 Total Positions Budgeted 137 Budget Unit Object Classes : Personal Services $ 3,080,162 Operating Expenses $ 2,756,558 Total Positions Budgeted 137 Authorized Motor Vehicles 14

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Section 38. Department of Revenue . Budget Unit: Department of Revenue $ 37,968,916 1. Departmental Administration Budget: Personal Services $ 1,072,256 County Tax Officials/Retirement and FICA $ 979,118 Regular Operating Expenses $ 168,563 Travel $ 16,000 Motor Vehicle Equipment Purchases $ 9,290 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 $ 2,305,550 Indirect Georgia Building Authority Rents $ -0- State Funds Budgeted $ 2,285,550 Total Positions Budgeted 32 2. Motor Vehicle Administration Budget: Personal Services $ 5,296,782 Regular Operating Expenses $ 481,450 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 315,000 Equipment Purchases $ 37,947 Computer Charges $ 2,738,542 Real Estate Rentals $ -0- Telecommunications $ 95,459 Per Diem, Fees and Contracts $ 157,258 Motor Vehicle Tag Purchases $ 760,000 Motor Vehicle Decal Purchases $ 311,400 Postage $ -0- Total Funds Budgeted $ 10,195,338 Indirect DOAS Services Funding $ 1,689,168 State Funds Budgeted $ 8,506,170 Total Positions Budgeted 243 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $760,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 760,000 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 $ 79,000 Motor Vehicle Equipment Purchases $ 23,100 Publications and Printing $ 151,000 Equipment Purchases $ 3,775 Computer Charges $ 289,847 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 $ 3,502,714 Repayment of Loans to Counties/Property Revaluation $ -0- Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 3,502,714 Total Positions Budgeted 57 4. Sales Taxation Budget: Personal Services $ 1,569,787 Regular Operating Expenses $ 20,550 Travel $ 1,400 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 $ 2,308,832 Indirect DOAS Services Funding $ 350,600 State Funds Budgeted $ 1,958,232 Total Positions Budgeted 83 5. Motor Fuel Taxation Budget: Personal Services $ 741,230 Regular Operating Expenses $ 5,450 Travel $ 1,000 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 $ 1,076,511 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 1,076,511 Total Positions Budgeted 36 6. Income Taxation Budget: Personal Services $ 2,813,050 Regular Operating Expenses $ 50,700 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 397,000 Equipment Purchases $ 10,170 Computer Charges $ 2,535,469 Real Estate Rentals $ -0- Telecommunications $ 44,249 Per Diem, Fees and Contracts $ -0- Postage $ 388,354 Total Funds Budgeted $ 6,241,992 Indirect DOAS Services Funding $ 1,715,232 State Funds Budgeted $ 4,526,760 Total Positions Budgeted 128 7. Central Audit Budget: Personal Services $ 2,536,610 Regular Operating Expenses $ 16,040 Travel $ 538,000 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 $ 3,122,379 State Funds Budgeted $ 3,122,379 Total Positions Budgeted 80 8. Field Audit Services Budget: Personal Services $ 7,023,128 Regular Operating Expenses $ 203,240 Travel $ 272,300 Motor Vehicle Equipment Purchases $ 56,140 Publications and Printing $ 47,200 Equipment Purchases $ 21,000 Computer Charges $ 130,825 Real Estate Rentals $ 326,098 Telecommunications $ 217,096 Per Diem, Fees and Contracts $ -0- Postage $ 68,034 Total Funds Budgeted $ 8,365,061 Indirect DOAS Services Funding $ 90,000 State Funds Budgeted $ 8,275,061 Total Positions Budgeted 304 9. Internal Administration Budget: Personal Services $ 1,464,336 Regular Operating Expenses $ 184,770 Travel $ 800 Motor Vehicle Equipment Purchases $ 23,670 Publications and Printing $ 360,000 Equipment Purchases $ 56,438 Computer Charges $ 144,000 Real Estate Rentals $ 998,828 Telecommunications $ 14,700 Per Diem, Fees and Contracts $ 33,773 Postage $ 1,434,224 Total Funds Budgeted $ 4,715,539 Indirect Georgia Building Authority Rents $ -0- State Funds Budgeted $ 4,715,539 Total Positions Budgeted 70 Budget Unit Object Classes : Personal Services $ 23,800,038 County Tax Officials/Retirement and FICA $ 979,118 Regular Operating Expenses $ 1,195,533 Travel $ 913,000 Motor Vehicle Equipment Purchases $ 112,200 Publications and Printing $ 1,410,994 Equipment Purchases $ 151,852 Computer Charges $ 6,620,683 Real Estate Rentals $ 1,324,926 Telecommunications $ 480,004 Per Diem, Fees and Contracts $ 340,531 Loans to Counties/Property Reevaluation $ -0- Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tag Purchases $ 760,000 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 $ 12,683,347 1. Internal Administration Budget: Personal Services $ 992,534 Regular Operating Expenses $ 84,791 Travel $ 4,824 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 144,663 Equipment Purchases $ 4,575 Computer Charges $ 8,991 Real Estate Rentals $ 122,227 Telecommunications $ 33,554 Per Diem, Fees and Contracts $ 225 Postage $ 36,839 Total Funds Budgeted $ 1,433,223 State Funds Budgeted $ 1,433,223 Total Positions Budgeted 41 2. Archives and Records Budget: Personal Services $ 2,105,811 Regular Operating Expenses $ 237,372 Travel $ 23,992 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,650 Equipment Purchases $ 54,200 Computer Charges $ -0- Real Estate Rentals $ 32,103 Telecommunications $ 50,203 Per Diem, Fees and Contracts $ 2,000 Postage $ 20,439 Authority Lease Rentals $ 276,000 Total Funds Budgeted $ 2,817,770 State Funds Budgeted $ 2,777,770 Total Positions Budgeted 93 3. Corporations Regulation Budget: Personal Services $ 856,898 Regular Operating Expenses $ 58,903 Travel $ 6,498 Motor Vehicle Equipment Purchases $ 7,200 Publications and Printing $ 15,839 Equipment Purchases $ 43,028 Computer Charges $ 67,417 Real Estate Rentals $ 153,389 Telecommunications $ 55,911 Per Diem, Fees and Contracts $ 15,000 Postage $ 41,212 Total Funds Budgeted $ 1,321,295 Total Positions Budgeted 47 4. Elections and Campaign Disclosure Budget: Personal Services $ 348,431 Regular Operating Expenses $ 30,752 Travel 415 Motor Vehicle Equipment Purchase $ -0- Publications and Printing $ 13,810 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 9,936 Per Diem, Fees and Contracts $ 75,350 Postage $ 4,510 Election Expenses $ 470,000 Total Funds Budgeted $ 953,204 State Funds Budgeted $ 953,204 Total Positions Budgeted 14 5. Securities Regulation Budget: Personal Services $ 549,059 Regular Operating Expenses $ 34,854 Travel $ 4,110 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 1,700 Computer Charges $ 10,000 Real Estate Rentals $ 101,122 Telecommunications $ 13,335 Per Diem, Fees and Contracts $ 2,100 Postage $ 400 Total Funds Budgeted $ 718,680 State Funds Budgeted $ 718,680 Total Positions Budgeted 19 6. Drugs and Narcotics Budget: Personal Services $ 468,859 Regular Operating Expenses $ 41,440 Travel $ 23,150 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 Total Funds Budgeted $ 558,758 State Funds Budgeted $ 558,758 Total Positions Budgeted 15 7. State Campaign and Financial Disclosure Commission Budget: Personal Services $ 86,177 Regular Operating Expenses $ 3,643 Travel $ 1,180 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,057 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 $ 113,641 State Funds Budgeted $ 113,641 Total Positions Budgeted 3 8. Occupational Certification Budget: Personal Services $ 2,924,026 Regular Operating Expenses $ 794,587 Travel $ 75,242 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 75,000 Equipment Purchases $ 16,023 Computer Charges $ 92,294 Real Estate Rentals $ 237,774 Telecommunications $ 98,022 Per Diem, Fees and Contracts $ 353,808 Postage $ 140,000 Total Funds Budgeted $ 4,806,776 State Funds Budgeted $ 4,806,776 Total Positions Budgeted 130 Occupational Certification Functional Budgets Board Costs Cost of Operations 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 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 Budget Unit Object Classes : Personal Services $ 8,331,795 Regular Operating Expenses $ 1,286,342 Travel $ 139,411 Motor Vehicle Equipment Purchases $ 7,200 Publications and Printing $ 270,719 Equipment Purchases $ 120,326 Computer Charges $ 178,702 Real Estate Rentals $ 668,404 Telecommunications $ 272,460 Per Diem, Fees and Contracts $ 454,088 Election Expenses $ 470,000 Postage $ 247,900 Authority Lease Rentals $ 276,000 Total Positions Budgeted 362 Authorized Motor Vehicles 72 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 $ 904,684 Real Estate Commission Budget: Personal Services $ 550,322 Regular Operating Expenses $ 93,291 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,000 Equipment Purchases $ 5,000 Computer Charges $ 93,531 Real Estate Rentals $ 33,600 Telecommunications $ 17,400 Per Diem, Fees and Contracts $ 74,540 Total Funds Budgeted $ 904,684 State Funds Budgeted $ 904,684 Total Positions Budgeted 27 Real Estate Commission Functional Budget State Funds Cost of Operations Pos. Real Estate Commission $ 904,684 $ 945,634 27 Budget Unit Object Classes : Personal Services $ 550,322 Regular Operating Expenses $ 93,291 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,000 Equipment Purchases $ 5,000 Computer Charges $ 93,531 Real Estate Rentals $ 33,600 Telecommunications $ 17,400 Per Diem, Fees and Contracts $ 74,540 Total Positions Budgeted 27 Authorized Motor Vehicles 11 Section 40. Georgia Student Finance Commission . Budget Unit: Georgia Student Finance Commission $ 15,889,720 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 $ 3,200,000 Tuition Equalization Grants $ 10,695,000 Student Incentive Grants $ 3,640,505 North Georgia College ROTC Grants $ 137,500 Law Enforcement Personnel Dependents' Grants $ 37,000 Osteopathic Medical Loans $ 54,000 Georgia Military Scholarship Grants $ 64,000 Total Funds Budgeted $ 17,828,005 State Funds Budgeted $ 15,636,720 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 $ 3,200,000 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 20-3-455. 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 Tution 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 $ 854,143 1. Soil and Water Conservation Central Office Budget: Personal Services $ 434,877 Regular Operating Expenses $ 39,444 Travel $ 43,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,369 Equipment Purchases $ 4,150 Computer Charges $ -0- Real Estate Rentals $ 21,485 Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 122,785 Total Funds Budgeted $ 689,110 State Funds Budgeted $ 689,110 Total Positions Budgeted 12 2. Soil and Water Conservation Dam Safety Budget: Personal Services $ 129,722 Regular Operating Expenses $ 13,070 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 500 Computer Charges $ 4,500 Real Estate Rentals $ 4,141 Telecommunications $ 3,200 Per Diem, Fees and Contracts $ 1,500 Total Funds Budgeted $ 165,033 State Funds Budgeted $ 165,033 Total Positions Budgeted 5 Budget Unit Object Classes : Personal Services $ 564,599 Regular Operating Expenses $ 52,514 Travel $ 51,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,769 Equipment Purchases $ 4,650 Computer Charges $ 4,500 Real Estate Rentals $ 25,626 Telecommunications $ 14,200 Per Diem, Fees and Contracts $ 124,285 Total Positions Budgeted 17 Authorized Motor Vehicles 3

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Section 42. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 2,289,000 Departmental Operations Budget: Personal Services $ 1,639,478 Regular Operating Expenses $ 75,002 Travel $ 21,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,825 Equipment Purchases $ 12,600 Computer Charges $ 443,089 Real Estate Rentals $ 111,000 Telecommunications $ 53,485 Per Diem, Fees and Contracts $ 266,000 Postage $ 80,000 Cost of Living Increases for Local Retirement System Members $ 1,015,000 Floor Fund for Local Retirement Systems $ 1,274,000 Total Funds Budgeted $ 5,040,079 State Funds Budgeted $ 2,289,000 Total Positions Budgeted 65 Budget Unit Object Classes : Personal Services $ 1,639,478 Regular Operating Expenses $ 75,002 Travel $ 21,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,825 Equipment Purchases $ 12,600 Computer Charges $ 443,089 Real Estate Rentals $ 111,000 Telecommunications $ 53,485 Per Diem, Fees and Contracts $ 266,000 Postage $ 80,000 Cost of Living Increases for Local Retirement System Members $ 1,015,000 Floor Fund for Local Retirement Systems $ 1,274,000 Total Positions Budgeted 65 Authorized Motor Vehicles 1

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Section 43. Department of Transportation . Budget Unit: Department of Transportation $ 407,927,827 1. Planning and Construction Budget: Personal Services $ 70,476,943 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 $ 446,836,614 Geodetic Control $ 301,558 Total Funds Budgeted $ 531,867,579 State Funds Budgeted $ 180,621,361 Total Positions Budgeted $ 3,006 2. Maintenance and Betterments Budget: Personal Services $ 61,668,922 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 $ 59,683,001 Total Funds Budgeted $ 162,708,606 State Funds Budgeted $ 159,511,824 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 $ 9,231,651 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 $ 41,398,740 State Funds Budgeted $ 40,966,740 Total Positions Budgeted 338 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 $ 301,558 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 $ 499,165 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 $ 1,392,988 State Funds Budgeted $ 1,008,615 Total Positions Budgeted 16 8. Inter-Modal Transfer Facilities Budget: Personal Services $ 680,935 Regular Operating Expenses $ 45,657 Travel $ 13,500 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 $ 673,889 Capital Outlay - Airport Development $ 700,000 Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 100,000 Mass Transit Grants $ 4,866,296 Total Funds Budgeted $ 8,123,395 State Funds Budgeted $ 3,436,824 Total Positions Budgeted 22 9. Harbor Maintenance Budget: Harbor Maintenance Payments $ 553,830 Spoilage Area Acquisition Clearing and Preparation $ 3,600,000 Total Funds Budgeted $ 4,153,830 State Funds Budgeted $ 553,830 Budget Unit Object Classes : Personal Services $ 142,557,616 Regular Operating Expenses $ 46,202,389 Travel $ 1,615,161 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 $ 8,812,533 Capital Outlay $ 506,650,815 Mass Transit Grants $ 4,866,296 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 553,830 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 $ 301,558 Spoilage Area Acquisition Clearing and Preparation $ 3,600,000 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 $553,830 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 $ 12,532,108 1. Veterans Assistance Budget: Personal Services $ 3,158,904 Regular Operating Expenses $ 65,486 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 $ 8,000 Postage $ 32,200 Total Funds Budgeted $ 3,614,358 State Funds Budgeted $ 3,367,829 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 $ 34,185 Operating Expenses/Payments to Central State Hospital $ 7,859,843 Total Funds Budgeted $ 7,921,893 State Funds Budgeted $ 6,505,688 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 $ 2,658,591 Budget Unit Object Classes : Personal Services $ 3,158,904 Regular Operating Expenses $ 65,486 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 $ 8,000 Capital Outlay $ -0- Postage $ 32,200 Operating Expense/Payments to Central State Hospital $ 7,859,843 Operating Expense/Payments to Medical College of Georgia $ 3,515,011 Regular Operating Expenses for Projects $ 34,185 Total Positions Budgeted 142 Authorized Motor Vehicles 1 Section 45. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 4,622,840 1. Workers' Compensation Administration Budget: Personal Services $ 3,266,580 Regular Operating Expenses $ 85,784 Travel $ 37,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 34,000 Equipment Purchases $ 10,000 Computer Charges $ 225,420 Real Estate Rentals $ 383,596 Telecommunications $ 71,875 Per Diem, Fees and Contracts $ 35,716 Postage $ 61,900 Total Funds Budgeted $ 4,211,871 State Funds Budgeted $ 4,196,871 Total Positions Budgeted 129 2. Vocational Rehabilitation Budget: Personal Services $ 347,693 Regular Operating Expenses $ 8,830 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Charges $ 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 $ 425,969 State Funds Budgeted $ 425,969 Total Positions Budgeted 15 Budget Unit Object Classes : Personal Services $ 3,614,273 Regular Operating Expenses $ 94,614 Travel $ 47,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 10,350 Computer Charges $ 225,420 Real Estate Rentals $ 413,492 Telecommunications $ 80,075 Per Diem, Fees and Contracts $ 48,216 Postage $ 68,400 Total Positions Budgeted 144 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) $ 133,446,997 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 8,553,000 Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,769,348 is specifically appropriated for the purpose of financing the renovation, construction, reconstruction and equipping of buildings and facilities under the control of the State Board of Regents of the University System through the issuance of not more than $11,300,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $367,605 is specifically appropriated for the purpose of constructing and equipping a Regional Youth Development Center in Evans County, Georgia, 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, $1,225,350 is specifically appropriated for the purpose of financing the construction, reconstruction and equipping at the Georgia State Prison and Rogers Correctional Institution Complex in Tattnall County, Georgia through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,695,770 is specifically appropriated for the purpose of constructing, reconstructing, renovating and equipping of facilities at Southwestern State Hospital in Thomas County, Georgia through the issuance of not more than $11,000,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $882,252 is specifically appropriated for the purpose of financing resurfacing and rehabilitation of the city and county road systems through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $612,675 is specifically appropriated for the purpose of financing the construction and equipping of a Regional Youth Development Center in DeKalb County, Georgia, through the issuance of not more than $2,500,000 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 $2,800,000 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 48 .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 49 .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 50 .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 proceding 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 51 .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 52 .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 53 .No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds. Section 54 .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 Newwork either directly or indirectly. Section 55 .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 pain 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 56 .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, as amended by the Governor's Amended Budget Report, 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 appropriations 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 lest eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfer. 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 recommendations 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 57 .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 58 .It is 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 59 .The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 60 .It is the intent of this General Assembly that cost-of-living increases effective January 1, 1984 for retirees in the Employees Retirement System and for retirees in the Teachers Retirement System be limited to a maximum of $25,00 per month per retiree. In the event the Governor determines that the cost-of-living increases for retirees in either system cannot legally be so limited, this $25.00 per month limitation shall not apply to either system. Section 61 . TOTAL STATE FUND APPROPRIATIONS State F.Y. 1984 $3,960,829,559. Section 62 .This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 63 .All laws and parts of laws in conflict with this Act are hereby repealed. Section 2 .This Act shall become effective upon its approval by the Governor or upon its becoming without his approval. Section 3 .All laws and parts of laws in conflict with this Act are repealed. Approved February 7, 1984. LAND CONVEYANCE TO THE LORD COMPANY. No. 35 (House Resolution No. 478). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Chattanooga, Tennessee, to The Lord Company; 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 Chattanooga, Hamilton County, Tennessee; and WHEREAS, said real property is described as follows: All or part of that certain or parcel of land containing approximately.952 acre, more or less situate, lying and being in the City of Chattanooga, Tennessee, in the First Civil District, Hamilton County, Tennessee, described as all or part of the Western and Atlantic Railroad right-of-way between King Street and Market Street shown on Western and Atlantic Railroad Valuation Map No. V4/S-1-B which is filed in the Georgia Department of Archives and History, Archives and Recrods Building, Atlanta, Fulton County, Georgia, and being more particularly described as all that property as shown on a plat of survey prepared by Tennessee registered land surveyor Edward B. Bodkin for The Lord Company dated October 10, 1983, and revised December 9, 1983, entitled Survey of Western Atlantic Railroad Right-of-Way Between King Street and Market Street; Chattanooga, First Civil District, Hamilton County, Tennessee;

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and WHEREAS, the State of Georgia currently has the above-described property leased to the Seaboard System Railroad until December 31, 1994; and WHEREAS, The Lord Company owns property adjoining the above-described real property; and WHEREAS, The Lord Company is desirous of obtaining all of the above-described real property for development purposes. 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. Section 3 . That the above-described real property shall be sold and conveyed by appropriate instrument to The Lord Company or The Freight Depot Limited Partnership or a purchaser approved by the State Properties Commission, by the State of Georgia, acting by and through the State Properties Commission, for a consideration not less than fair market value or $150,000, whichever is greater, upon such terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. 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.

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Section 5 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval and in accordance with the provisions hereof. Section 6 . That all laws and parts of laws in conflict with this resolution are repealed. Approved February 14, 1984. SUPERIOR COURTSTERMS OF GILMER SUPERIOR COURT CHANGED. Code Section 15-6-3 Amended. No. 600 (House Bill No. 935). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the terms of the Superior Courts of Gilmer 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 . Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, is amended by striking from subsection (a) in that paragraph dealing with the terms of superior court of the Appalachian Circuit, the following:

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(B) Gilmer CountySecond Monday in February; second Monday in May; and second Monday in October., and inserting in lieu thereof the following: (B) Gilmer CountySecond Monday in February; first Monday in May; and second Monday in October. Section 2 . This Act shall become effective upon its approval by 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 28, 1984. LAND CONVEYANCE TO THE BIBB COUNTY BOARD OF COMMISSIONERS. No. 36 (House Resolution No. 541). 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; to amend 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, approved March 29, 1983 (Ga. L. 1983, p. 992), so as to strike and repeal certain provisions; and for other purposes.

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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 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 a facility for 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

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(2) Payment to the State of Georgia of $10.00. BE IT FURTHER RESOLVED AND ENACTED that the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to execute a corrective instrument in accordance with the foregoing paragraph of this resolution so as to release and forever discharge the Bibb County Board of Commissioners, its successors and assigns, from certain terms and conditions contained in the original 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, approved March 29, 1983 (Ga. L. 1983, p. 992). BE IT FURTHER RESOLVED AND ENACTED that 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, approved March 29, 1983 (Ga. L. 1983, p. 992), is amended by striking therefrom the following: 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 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

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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 State of Georgia of $10.00 and other valuable considerations; and (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

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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. BE IT FURTHER RESOLVED AND ENACTED that this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. BE IT FURTHER RESOLVED AND ENACTED THAT all laws and parts of laws in conflict with this Act are repealed. Approved March 5, 1984. METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE EXTENDED. No. 37 (House Resolution No. 522). A RESOLUTION To amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended, particularly by a resolution approved April 14, 1982 (Ga. L. 1982, p. 1322), so as to change the provisions relating to the repeal of the resolution; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . A resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended, particularly by a resolution approved April 14, 1982 (Ga. L. 1982, p. 1322), is amended by striking Section 3A,

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relating to repeal of the resolution, and inserting in its place a new section to read as follows: Section 3A. Unless extended by joint resolution of the General Assembly, this resolution shall stand repealed on July 1, 1986. Section 2 . All laws and parts of laws in conflict with this resolution are repealed. Approved March 7, 1984. URBAN RESIDENTIAL FINANCE AUTHORITY LAW AMENDED. Code Section 36-41-4 Amended. No. 621 (House Bill No. 285). AN ACT To amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large municipalities, so as to provide for the compensation of members of the board of any such authority; to provide for the reimbursement of members of the board of any such authority for expenses; 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 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large municipalities, is amended by striking in its entirety Code Section 36-41-4, relating to the creation of authorities, appointment of board, officers, compensation, and rules and regulations, and inserting in lieu thereof a new Code Section 36-41-4 to read as follows:

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36-41-4. There is created in and for each municipality of this state, as defined in paragraph (11) of Code Section 36-41-3, a public body corporate, which shall be deemed to be an instrumentality of the state, to be known as the `urban residential finance authority' of such municipality and which shall be governed by a board of not less than five nor more than seven members. Each member of the board shall be a resident of the large municipality activating the authority and shall be appointed by the governing body of the municipality for such term and upon such conditions as specified by resolution of the governing body. Any member of the governing body of the large municipality and the mayor or other chief executive thereof and the chief fiscal officer thereof may serve on the board. No authority created under this Code section shall transact any business or exercise any powers under this chapter until the governing body of the large municipality activating the authority, by resolution, declares that there is need for an authority to function in such municipality. A copy of the resolution adopted by the governing body and copies of any resolution adopted by the governing body providing for filling vacancies in the membership of the board of the authority or making any changes in the membership of the board of the authority shall be filed with the Secretary of State. Appointments to fill vacancies on the board of any authority, either for an unexpired or full term as fixed in the original resolution creating the same, shall be made by the governing body of the municipality. The members of the board of each authority shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary-treasurer, who need not be a member of the board and need not be a resident of the municipality activating such authority. Each member of the board of each authority shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is in attendance at a meeting of the authority, but shall receive the same for not more than 20 meeting days during any one fiscal year. For attendance at any conference in connection with the performance of their official duties, other than a meeting of the authority, members shall be reimbursed for actual expenses incurred and travel expenses in the same manner as provided by law for members of the General Assembly, but shall receive the same for not more than ten days during any one fiscal year. However, if the secretary-treasurer is not a member of the board, then the secretary-treasurer may receive such compensation for his services as may be agreed upon by the members of the board. Each authority shall make rules and regulations for its government and may delegate to one or more of its members or its officers, agents, and employees such powers and duties as may be deemed necessary and proper.

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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 12, 1984. TALLAPOOSA JUDICIAL CIRCUITSUPPLEMENTAL EXPENSE ALLOWANCE OF DISTRICT ATTORNEY. No. 629 (House Bill No. 680). AN ACT To provide for a supplemental expense allowance for the district attorney of the Tallapoosa Judicial Circuit; to provide for the payment of such allowance by the counties comprising the circuit; to provide that such allowance shall not be used in determining any pension, retirement, or other benefits paid to such district attorney by the counties comprising the circuit, nor in determining any payments to any such district attorney who becomes a district attorney emeritus or who retires pursuant to the District Attorneys Retirement Fund of Georgia or the District Attorneys' Retirement System; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . In addition to the compensation and expenses paid from state funds, the district attorney of the Tallapoosa Judicial Circuit shall receive a supplemental expense allowance of $6,000.00 per annum, payable in equal monthly installments from the funds of the counties comprising such circuit. The governing authority of each county within the circuit shall pay that percentage of the total supplemental expense allowance that the population of the county

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bears to the total population of all counties within the judicial circuit, according to the latest United States decennial census. Any other provision of law to the contrary notwithstanding, such supplemental expense allowance shall not be used or included in calculating any pension, retirement, or other benefits or payments to such district attorney by the counties comprising the Tallapoosa Judicial Circuit, nor shall such supplemental expense allowance be used or included in calculating any other payments to such district attorney who becomes a district attorney emeritus or who retires pursuant to the District Attorneys Retirement Fund of Georgia or the District Attorneys' Retirement System. 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 supplemental expense allowance for the District Attorney of the Tallapoosa Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 13th day of January, 1983. W. A. Foster, III District Attorney, Tallapoosa Judicial Circuit

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Affidavit of the Publisher. To Whom It May Concern: I hereby certify that a notice to introduce local legislation for the District Attorney was run in The Cedartown Standard, official legal organ of Polk County, Georgia. Said legal was published as No. 1617 on January 18, 25 and February 1, 1983. /s/ Joseph D. Williams Publisher Editor I hereby certify that the foregoing was signed in my presence this 3rd day of February, 1983. /s/ Beth Erwin Notary Public. 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 supplemental expense allowance for the District Attorney of the Tallapoosa Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 13th day of January, 1983. /s/ W. A. Foster, III District Attorney, Tallapoosa Judicial Circuit

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Affidavit. Georgia, Haralson County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Haralson County Tribune legal organ for Haralson County. The following dates, to-wit: 1/20/83, 1/27/83, 2/3/83. Sworn to on the 14th day of February, 1983. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 14th day of February, 1983. /s/ Ralph M. Parkman Notary Public. 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 supplemental expense allowance for the District Attorney of the Tallapoosa Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 14th day of January, 1983. W. A. Foster, III District Attorney, Tallapoosa Judicial Circuit

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Affidavit. I, T. E. Parker, after being duly sworn do hereby depose and say under oath that I am publisher of the Dallas New Era, the official legal organ of Paulding County. There was deposited with said newspaper advertisement, Notice Of Intention To Introduce Local Legislation, which was run the weeks of January 20, January 27 and February 3, 1983. Copies attached. /s/ T. E. Parker Publisher, Dallas New Era Sworn to and subscribed before me, this 9th day of February, 1983. /s/ Mrs. Charlotte Clonts Notary Public. (Seal). Approved March 12, 1984. MACON JUDICIAL CIRCUITSALARY SUPPLEMENTS OF JUDGES AND DISTRICT ATTORNEY. No. 644 (Senate Bill No. 471). AN ACT To amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon

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Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176), so as to change the provisions relating to the supplement to be paid to each judge of the superior courts of said circuit; to provide for the contributions to be paid by each county comprising said circuit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The salary of each judge of the superior courts of the Macon Judicial Circuit shall be supplemented by payments out of the treasuries of Bibb County, Peach County, and Crawford County in the following amounts: (1) Out of the treasury of Bibb County, the salary of each of said judges shall be supplemented in the amount of $8,000.00 per annum; (2) Out of the treasury of Peach County, the salary of each of said judges shall be supplemented in the amount of $3,000.00 per annum; (3) Out of the treasury of Crawford County, the salary of each of said judges shall be supplemented in the amount of $1,000.00 per annum. (b) The supplemental payments provided for in subsection (a) shall be paid in equal monthly installments by the governing authorities of the respective counties or other authorities having control of expenditures of county funds. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval; provided, however, that any increase in supplements to the salaries of the judges of the superior courts of the Macon Judicial Circuit as provided in this Act shall not take effect as to each county until the date on which each such county begins its next fiscal year following the effective date of this Act.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176); and for other purposes. This 27th day of December, 1983. Richard L. Greene Senator, District 26 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard L. Greene, who, on oath, deposes and says that he is Senator from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Post which is the official organ of Crawford County, on the following date: January 19, 1984. /s/ Richard L. Greene Senator, 26th District

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Sworn to and subscribed before me, this 23rd day of January, 1984. /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 1984 session of the General Assembly of Georgia a bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176); and for other purposes. This 26th day of December, 1983. /s/ Richard L. Greene Senator, District 26 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard L. Greene, who, on oath, deposes and says that he is Senator from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following date: January 21, 1984.

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/s/ Richard L. Greene Senator, 26th District Sworn to and subscribed before me, this 23rd day of January, 1984. /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 1984 session of the General Assembly of Georgia a bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176), and for other purposes. This 27th day of December, 1983. Richard L. Greene Senator, District 26 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard L. Greene, who, on oath, deposes and says that he is Senator from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County, on the following date: January 21, 1984.

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/s/ Richard L. Greene Senator, 26th District Sworn to and subscribed before me, this 23rd day of January, 1984. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 12, 1984. COBB JUDICIAL CIRCUITAPPOINTMENT AND COMPENSATION OF INVESTIGATORS. No. 652 (Senate Bill No. 555). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 1029), and an Act approved March 29, 1983 (Ga. L. 1983, p. 4698), so as to change the provisions relative to the appointment and compensation of investigators; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 1029), and an Act

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approved March 29, 1983 (Ga. L. 1983, p. 4698), is amended by striking Section 4(a) in its entirety and inserting in lieu thereof a new Section 4(a) to read as follows: Section 4(a). Said district attorney is authorized to appoint four investigators, Cobb Judicial Circuit, to serve at the pleasure of said district attorney and to perform generally such duties as may be assigned by said district attorney. They shall have the same power to make arrests, to execute and return all criminal warrants and processes, and to serve as a peace officer as may be performed by a sheriff and they shall be subpoena clerks in the superior court for the purpose of summoning witnesses before the grand jury. They shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 per annum and not more than $22,000.00 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to amend the Act creating the Cobb Judicial Circuit, approved February 19, 1969 (Ga. L. 1961, p. 134), as amended so as to change the provisions relating to the appointment of assistant district attorneys to change the salary provisions relating to the investigators; to provide a county supplement for the District Attorney; to provide for the method of payment and supplement of the legal secretary provided pursuant to Ga. L. 1975, p. 1504; and for other purposes. This 6th day of January, 1984.

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Roy E. Barnes Haskew Brantley Joe L. Thompson Carl Harrison Joe Mack Wilson A. L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes, who, on oath, deposes and says that he is Senator from the 33rd 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 date: January 6, 1984. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 10th day of February, 1984. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 12, 1984.

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SUPERIOR COURT OF LINCOLN COUNTYTERMS OF COURT CHANGED. Code Section 15-6-3 Amended. No. 669 (House Bill No. 1440). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Lincoln 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 . Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, is amended by striking subparagraph (B) of paragraph (40) of said Code section in its entirety and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) Lincoln CountyFourth Monday in January, third Monday in April, fourth Monday in July, and third Monday in October. Section 2 . This Act shall become effective January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 12, 1984.

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REVENUE CODE AMENDEDNEW STATE BOARD OF EQUALIZATION CREATEDPROCEDURES. Code Title 48 Amended. No. 758 (House Bill No. 957). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, so as to abolish the existing State Board of Equalization and create a new State Board of Equalization; to provide procedures relating to the assessment of and the administrative and judicial review of assessments of property returned for ad valorem taxation to the state revenue commissioner; to create a Tax Settlement and Compromise Board and provide for its powers and duties relative to the settlement or compromise of any tax assessment or tax fi. fa.; to change the time period for appealing an ad valorem tax assessment to county tax officials; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, is amended by striking Code Section 48-2-18, relating to the State Board of Equalization, and inserting in its place a new Code section to read as follows: 48-2-18. (a) There is established a board composed of the commissioner, the state auditor, and the executive director of the State Properties Commission. (b) The board created by this Code section shall be designated the State Board of Equalization. The chairman and administrative officer of the board shall be the commissioner. In addition to its other duties, the board shall hear and determine all appeals by taxpayers who are required by law to return their property for taxation to the commissioner. Each year, when the digest of assessments proposed by the commissioner is complete, the commissioner shall submit the digest to the State Board of Equalization which shall carefully

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examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned between the several tax jurisdictions and reasonably uniform with the values set on other classes of property throughout the state. If the board determines that the proposed assessed values of any one or more of the classes of taxpayers or property or the digest as a whole does not reasonably conform to the values set for other property throughout the state, it shall inquire as to the reason for the lack of conformity and shall adjust and equalize the same by either adding or subtracting a fixed percentage to the class of taxpayer, to the class of property, or to the digest as a whole, as the case may be. (c) As chairman and chief administrative officer of the board, the commissioner shall furnish 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 pursuant to this Code section 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

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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. (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

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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 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

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evidence as a reasonable mind might accept as adequate to support a conclusion. (f) In the event any order, decision, or other action of the former State Board of Equalization created by former Code Section 48-2-18 and prior laws is determined or held to be or to have been null, void, or ineffective for any reason, the department, the commissioner, and the new State Board of Equalization created by this Code section shall have the authority to take all appropriate steps to effect valid orders, decisions, or other action respecting the matters involved. Such authority shall include, but not be limited to, the right to take the action specified in subsections (a) through (e) of this Code section fully as though the former State Board of Equalization had never acted in regard to the matter and as though the matter had arisen in the first instance after the effective date of this Code section. Section 2 . Said title is further amended by adding a new Code Section 48-2-18.1 to read as follows: 48-2-18.1 (a) There is established a board composed of the Attorney General, the commissioner, and the state auditor, which is authorized to settle and compromise any proposed tax assessment, any final tax assessment, or any tax fi. fa., where there is doubt as to liability or there is doubt as to collectibility, and the settlement or compromise 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. (b) The board created by this Code section shall be designated the Tax Settlement and Compromise Board. The chairman and administrative officer of the board shall be the commissioner. Section 3 . Said title is further amended by striking from Code Section 48-5-311, relating to county boards of equalization, paragraph (3) of subsection (e) and inserting in its place a new paragraph (3) to read as follows: (3) A notice of appeal in the case of residents of the county shall be filed with the county board of tax assessors within 30 days from the date of mailing the notice pursuant to Code Section 48-5-306 or paragraph (2) of this subsection. A notice of appeal, in the case of a nonresident of the county, shall be filed with the county board of tax

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assessors within 30 days from the mailing of the notice, as provided in Code Section 48-5-306 or paragraph (2) of this subsection. Section 4 . Section 3 of this Act shall become effective September 1, 1984. The other provisions 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 14, 1984. INCOME TAXATIONPENALTIES FOR FILING FRIVOLOUS RETURNS. Code Section 48-7-57.1 Enacted. No. 759 (House Bill No. 1196). AN ACT To amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to returns and furnishing of information for purposes of income taxation, so as to provide civil penalties for filing frivolous income tax returns; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to returns and furnishing of information for purposes of income taxation, is amended by adding a new Code Section 48-7-57.1 to read as follows:

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48-7-57.1. (a) A penalty of $500.00 may be assessed against any individual who files what purports to be a return of the tax imposed by Article 2 of this chapter if: (1) The purported return: (A) Does not contain information on which the substantial correctness of the amount of tax shown to be due may be judged; or (B) Contains information that on its face indicates that the amount of tax shown to be due is substantially incorrect; and (2) The conduct described in paragraph (1) of this subsection is due to: (A) A position which is frivolous; or (B) A desire which appears on the purported return to delay or impede the administration of state income tax laws. (b) The penalty imposed by subsection (a) of this Code section shall be in addition to any other penalty provided by law. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply with respect to returns filed after such effective date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984.

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LEGISLATIVE SERVICES COMMITTEEPROCEDURES RELATING TO MAINTENANCE, REPAIR, ETC., OF ROOMS AND OTHER AREAS. Code Chapters 28-4 and 45-12 Amended. No. 765 (House Bill No. 900). AN ACT To amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to the Legislative Services Committee, so as to provide for the membership of the committee; to provide for meetings; to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of rooms and other areas; to provide for the procurement of supplies, materials, and equipment; to provide for audits; to provide for public inspection of minutes and audits; to provide for payment of invoices; to provide for budgetary control by the Legislative Services Committee of joint legislative offices; to amend Code Section 45-12-78 of the Official Code of Georgia Annotated, relating to annual budget estimates, so as to change the provisions relating to the budget estimates for the legislative branch; 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 28 of the Official Code of Georgia Annotated, relating to the Legislative Services Committee, is amended by striking subsection (a) of Code Section 28-4-1, relating to the creation, membership, and meetings of the Legislative Services Committee, 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

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of the Banking and Finance Committee of the Senate, the chairman of the Ways and Means Committee of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the Secretary of the Senate, and the Clerk of the House of Representatives. 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 . Said chapter is further amended by striking subsection (c) of Code Section 28-4-1, relating to the creation, membership, and meetings of the Legislative Services Committee, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The committee shall meet at least once each month, and the date for the meeting for each month shall be set at the meeting in the preceding month. Additional meetings may be held upon the call of the chairman or upon the call of a majority of the members of the committee. Eight members of the committee shall constitute a quorum and the affirmative vote of a majority of those members present at a meeting of the committee, provided such members present constitute a quorum, shall be necessary to transact business of the committee. The chairman shall be entitled to vote on all matters requiring a vote of the committee. Section 3 . Said chapter is further amended by striking subsection (c) of Code Section 28-4-2, relating to the powers of the Legislative Services Committee, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The committee is authorized to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, offices, and other areas which are under the control, authority, and jurisdiction of the committee or which have been assigned jointly to the Senate and House of Representatives; provided, however, that the Senate is authorized to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, chamber, offices, and other areas which are under the control, authority, and jurisdiction of the Senate and that the House of Representatives is authorized to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, chamber, offices, and other areas which are under the

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control, authority, and jurisdiction of the House of Representatives; provided, further, that any such maintenance, repair, construction, renovation, refurbishing, or furnishing must be first approved by the Legislative Services Committee. Any repair, construction, or renovation by the committee, the Senate, or the House of Representatives in an amount exceeding $5,000.00, if approved by the Legislative Services Committee, shall be accomplished on a competitive bid basis unless such repair, construction, or renovation is accomplished by another state agency or authority. The committee, the Senate, and the House of Representatives shall adopt procedures relative to competitive bids. The committee, the Senate, and the House of Representatives may adopt procedures to provide for emergency repairs other than by competitive bids. Section 4 . Said chapter is further amended by striking subsection (d) of Code Section 28-4-2, relating to the powers of the Legislative Services Committee, in its entirety and inserting in lieu thereof new subsections (d), (e), (f), (g), and (h) to read as follows: (d) The committee shall provide for the procurement of supplies, materials, and equipment which are required jointly for the Senate and House of Representatives; provided, however, that the Senate shall provide for the procurement of supplies, materials, and equipment for the Senate and that the House of Representatives shall provide for the procurement of supplies, materials, and equipment for the House of Representatives; provided, further, that no supplies, materials, and equipment for the Senate or the House of Representatives shall be procured unless first approved by the Legislative Services Committee. Such procurement by the committee, the Senate, and the House of Representatives may be accomplished through a state-wide contract which has been approved by the Department of Administrative ServicesPurchasing Division and which was entered into as a result of competitive bids. Procurement may also be accomplished through the Department of Administrative ServicesCentral Supply. All other procurement of supplies, materials, and equipment in an amount exceeding $3,000.00 on any single order shall be accomplished by competitive bids. The committee, the Senate, and the House of Representatives shall adopt procedures relative to competitive bids. The committee may adopt procedures to provide for emergency procurement of supplies and materials without competitive bids if a majority of the total membership of the committee determines that an emergency exists. The Senate and the House of Representatives may adopt procedures to provide for the emergency

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procurement of supplies and materials without competitive bids. The committee, the Senate, and the House of Representatives may adopt procedures for the emergency repair or replacement of equipment without competitive bids. (e) The committee shall contract with a licensed certified public accountant or certified public accounting firm to conduct annually in accordance with accepted accounting principles a financial audit of legislative funds and expenditures. Such audit shall detail the expenditures of the following offices of the legislative branch: Lieutenant Governor, Secretary of the Senate, Senate, Speaker of the House of Representatives, Clerk of the House of Representatives, House of Representatives, Office of Legislative Counsel, Office of Legislative Budget Analyst, and Office of Legislative Fiscal Officer. (f) At least once every five years the committee shall contract with a licensed certified public accountant or certified public accounting firm to perform a management audit of the financial practices and operations of the legislative branch of government. Each year the state auditor shall conduct a performance audit of at least one of the legislative offices listed in subsection (e) of this Code section. (g) A copy of the minutes of the meetings of the committee and of the audits provided for in this Code section shall be made available for public inspection in the office of the Speaker of the House of Representatives, in the office of the President of the Senate, in the office of the Clerk of the House of Representatives, and in the office of the Secretary of the Senate. (h) The committee is authorized to provide for such other procedures as it deems advisable for the purpose of carrying out this Code section. Section 5 . Said chapter is further amended by adding after subsection (a) of Code Section 28-4-6, relating to the legislative fiscal officer and the legislative budget analyst, a new subsection to be designated as subsection (a.1) to read as follows: (a.1) The legislative fiscal officer is authorized on behalf of the legislative branch to pay any properly authorized invoice which does not exceed $5,000.00. Any invoice which exceeds $5,000.00 may not be paid by such fiscal officer without prior approval of the committee.

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All invoices shall contain in detail a description of the work performed, materials used or purchased, and any other information pertinent to the obligation. Before the fiscal officer may pay any invoice, a requisition or purchase order covering such invoice and signed by the person or persons authorized by the Legislative Services Committee to do so plus evidence of delivery must have been submitted to the fiscal officer. A list of all invoices which have been paid shall be submitted by the fiscal officer to the committee on a monthly basis. Section 6 . Said chapter is further amended by adding at the end of Code Section 28-4-6, relating to the legislative fiscal officer and the legislative budget analyst, a new subsection to be designated as subsection (c) to read as follows: (c) A majority vote of the total membership of the Legislative Services Committee shall be necessary to employ the legislative fiscal officer and the legislative budget analyst. Section 7 . Said chapter is further amended by striking Code Section 28-4-7 in its entirety and inserting in lieu thereof a new Code Section 28-4-7 to read as follows: 28-4-7. The Office of Legislative Counsel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst shall be under the budgetary control of the Legislative Services Committee. The committee shall provide procedures for the employment of personnel to assist the legislative counsel, the legislative fiscal officer, and the legislative budget analyst; and those three officials and such personnel shall be compensated under such procedure as the committee shall provide. The three officials shall have supervision of personnel in their offices relative to the duties of their employment. The committee shall provide office space for the three offices and furnish them with supplies, materials, furniture, furnishings, books, equipment, and services. Section 8 . Code Section 45-12-78 of the Official Code of Georgia Annotated, relating to annual budget estimates, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Except as provided hereinafter, the budget estimates for the General Assembly, including all the legislative agencies, shall be

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prepared by the Speaker of the House of Representatives and the President of the Senate and such other legislative officers as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The Department of Audits and Accounts, for the purpose of this part, is a legislative agency and shall be construed in all respects as such; and the budget estimate for said department shall be prepared by the state auditor and shall be included in the budget report without revision and shall not be subject to review or control by the Office of Planning and Budget. The director of the Fiscal Division of the Department of Administrative Services shall assist in the preparation of these budget estimates, if requested. Effective with the budget estimates for the fiscal year beginning July 1, 1985, the budget estimates for the Senate, the office of the Lieutenant Governor, and the office of the Secretary of the Senate shall be prepared by the Senate; the budget estimates for the House of Representatives, the office of the Speaker of the House of Representatives, and the office of the Clerk of the House of Representatives shall be prepared by the House of Representatives; and the budget estimates for the Office of Legislative Counsel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst shall be prepared by the Legislative Services Committee. All of such budget estimates shall include such object classes as the Legislative Services Committee shall determine, and transfers of funds may be made between such object classes. Section 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984.

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JOINT BOARD OF FAMILY PRACTICEMEMBERSHIP, TERMS OF OFFICE, ETC. Code Section 49-10-2 Amended. No. 766 (House Bill No. 1168). AN ACT To amend Code Section 49-10-2 of the Official Code of Georgia Annotated, relating to the Joint Board of Family Practice, so as to provide for the membership of the board and for their terms of office; to provide for the filling of a vacancy on the board; to provide for advisory committees and for the compensation of the members of such committees; 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 49-10-2 of the Official Code of Georgia Annotated, relating to the Joint Board of Family Practice, is amended by striking subsection (a) thereof which reads as follows: (a) There is created the Joint Board of Family Practice, hereafter in this chapter referred to as `joint board.' The joint board shall be attached to the Board of Regents of the University System of Georgia for administrative purposes only, as defined by Code Section 50-4-3. The members of the executive committee of the board of directors of the Georgia Academy of Family Physicians, but not more than five members thereof; the dean or his duly appointed representative of each medical school in the state with an established department of family practice; a family physician who shall be designated by the board of directors of the Georgia State Medical Association; and one doctor of osteopathy who shall be designated by the executive board of the Georgia Osteopathic Medical Association shall be members of the joint board. The doctor of osteopathy shall also be a family physician. All members of the joint board shall be licensed physicians under Article 2 of Chapter 34 of Title 43, relating to medical practitioners, as now or hereafter amended.,

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and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) There is created the Joint Board of Family Practice, hereafter in this chapter referred to as `joint board.' The joint board shall be attached to the Board of Regents of the University System of Georgia for administrative purposes only, as defined by Code Section 50-4-3. Effective July 1, 1984, the joint board shall be composed of one member from each congressional district and three members from the state at large. All members shall be appointed by the Governor and confirmed by the Senate. Twelve members of the board shall be family physicians who are licensed under Article 2 of Chapter 34 of Title 43, relating to medical practitioners. One member shall have no connection with the practice of medicine. (2) The first members of the joint board who are appointed as provided in paragraph (1) of this subsection shall take office on July 1, 1984. Two members shall serve an initial term of one year; two members shall serve an initial term of two years; two members shall serve an initial term of three years; two members shall serve an initial term of four years; two members shall serve an initial term of five years; and three members shall serve an initial term of six years. Thereafter, successors to such members shall be appointed for terms of six years. The Governor shall designate the term to which each initial member is appointed. All members shall serve until their successors are appointed and qualified. Members appointed under this paragraph shall be eligible to serve on the joint board until confirmed by the Senate at the session of the General Assembly next following their appointment. (3) In case of a vacancy on the joint board by reason of death or resignation of a member or for any other cause other than the expiration of the member's term of office, the joint board shall by secret ballot elect a temporary successor. If the General Assembly is in session, the temporary successor shall serve until the end of that session. If the General Assembly is not in session, the temporary successor shall serve until the end of the session next following the vacancy or until the expiration of the vacated member's term of office, whichever occurs first. The Governor shall appoint a permanent successor who shall be confirmed by the Senate. The permanent successor shall take office on the first day after the General Assembly adjourns and shall serve for the unexpired term and until his successor is elected and qualified.,

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and by adding at the end thereof a new subsection (e) to read as follows: (e) The joint board, as it deems appropriate, shall have the authority to appoint advisory committees to advise the joint board on the fulfillment of its duties. The members of the advisory committees shall not receive any per diem or reimbursements. Section 2 . This Act shall become effective upon its approval by 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, 1984. PROBATIONPRE-TRIAL RELEASE AND DIVERSION PROGRAMS. Code Chapter 42-8 Amended. No. 767 (House Bill No. 1101). AN ACT To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to require the community service officer to consider an offender's work schedule when scheduling community service; to provide pretrial release and diversion programs as rehabilitative measures for certain persons charged with crimes prior to conviction; to provide that the Department of Offender Rehabilitation shall have the authority to establish and operate such pretrial release and diversion programs in any county upon the unanimous approval of the superior court judges, the district attorney, the solicitor where applicable, and the sheriff of such county; to provide that the Board of Offender Rehabilitation

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may promulgate rules and regulations governing such pretrial release and diversion programs; to provide for eligibility for participation in such pretrial release and diversion programs at the discretion of the court in which charges are pending; to provide for release upon recognizance of participants; to provide for waiver of speedy trial rights; to provide for operation of such pretrial release and diversion programs by counties under contracts with the Department of Offender Rehabilitation; to provide for an exception for the Correctional Services Division of the Georgia Department of Labor; 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 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking in its entirety Code Section 42-8-73, relating to community service work for certain offenders, and inserting in lieu thereof a new Code Section 42-8-73 to read as follows: 42-8-73. The community service officer shall place an offender sentenced to community service as a condition of probation with an appropriate agency. The agency and work schedule shall be approved by the court. If the offender is employed at the time of sentencing or if the offender becomes employed after sentencing, the community service officer shall consider the offender's work schedule and, to the extent practicable, shall schedule the community service so that it will not conflict with the offender's work schedule. This shall not be construed as requiring the community service officer to alter scheduled community service based on changes in an offender's work schedule. The community service officer shall supervise the offender for the duration of the community service sentence. Upon completion of the community service sentence, the community service officer shall prepare a written report evaluating the offender's performance which will be used to determine if the conditions of probation have been satisfied. Section 2 . Said chapter is further amended by adding following Article 4 a new article, to be designated Article 5, to read as follows: ARTICLE 5 42-8-80. The Department of Offender Rehabilitation shall be authorized to establish and operate pretrial release and diversion programs

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as rehabilitative measures for persons charged with misdemeanors and felonies for which bond is permissible under the law in the courts of this state prior to conviction; provided, however, that no such program shall be established in a county without the unanimous approval of the superior court judges, the district attorney, the solicitor where applicable, and the sheriff of such county. The Board of Offender Rehabilitation shall promulgate rules and regulations governing any pretrial release and diversion programs established and operated by the department and shall grant authorization for the establishment of such programs based on the availability of sufficient staff and resources. 42-8-81. The court in which a person is charged with a misdemeanor or felony for which bond is permissible under the law may, upon the application by the person so charged, at its discretion release the person prior to conviction and upon recognizance to the supervision of a pretrial release or diversion program established and operated by the Department of Offender Rehabilitation after an investigation and upon recommendation of the staff of the pretrial release or diversion program. In no case, however, shall any person be so released unless after consultation with his or her attorney or one made available to the person if he or she is indigent that person has voluntarily agreed to participate in the pretrial release or diversion program and knowingly and intelligently has waived his or her right to a speedy trial for the period of pretrial release or diversion. 42-8-82. The Department of Offender Rehabilitation may contract with the various counties of this state for the services and facilities necessary to operate pretrial release and diversion programs established under this article and both the department and the counties are authorized to enter into such contracts as are appropriate to carry out the purpose of this article. 42-8-83. The authority to establish and operate pretrial release and diversion programs granted to the Department of Offender Rehabilitation under this article shall not affect the authority of the Correctional Services Division of the Georgia Department of Labor to enter into agreements with district attorneys of the several judicial circuits of this state for the purpose of establishing and operating pretrial intervention programs in such judicial circuits. Section 3 . Provided, however, no person shall be released on his own recognizance or approved for said program, without first

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having the approval, in writing, of the judge of the court having jurisdiction of the case. 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 14, 1984. GARNISHMENTLIMITATION ON AMOUNT SUBJECTFORM OF POSTJUDGMENT SUMMONS. Code Chapter 18-4 Amended. No. 798 (Senate Bill No. 38). AN ACT To amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the amount subject to garnishment shall not exceed the amount owed which shall be shown on the summons; 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 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, is amended by adding at the end of Code Section 18-4-20, relating to property subject to garnishment generally, a new subsection, to be designated subsection (g), to read as follows: (g) The summons of garnishment, including a summons of continuing garnishment, shall on its face state the total amount

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claimed to be due at the time of the summons and the amount subject to garnishment shall not exceed the amount so shown on the summons of garnishment. Section 2 . Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 18-4-66, relating to forms for postjudgment garnishment, and inserting in lieu thereof a new paragraph (2) to read as follows: YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the

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time of service of this summons and between the time of service of this summons and the time of making your answer. Not sooner than 30 days but not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named below. Money or other property subject to this summons should be delivered to the court with your answer. Should you fail to answer this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant. 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 14, 1984.

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SCHOOL PROPERTYCOUNTY BOARDS OF EDUCATION AUTHORIZED TO EXPEND EDUCATIONAL FUNDS TO ACQUIRE OR IMPROVE. Code Section 20-2-520 Amended. No. 799 (Senate Bill No. 112). AN ACT To amend Code Section 20-2-520 of the Official Code of Georgia Annotated, relating to school property and facilities, so as to authorize county boards of education and area boards of education to acquire, improve, and sell real or personal property in connection with the vocational educational curricula or program of 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 . Code Section 20-2-520 of the Official Code of Georgia Annotated, relating to school property and facilities, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) In addition to school property and facilities provided for in subsection (a) of this Code section, a county board of education or an area board of education is authorized to expend educational funds available to it for the purpose of acquiring, improving, and selling real or personal property in connection with its secondary and post-secondary vocational education curricula or program. Section 2 . This Act shall become effective upon its approval by 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, 1984.

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CONSERVATION AND NATURAL RESOURCESRESTRICTIONS ON KINDS AND SIZES OF MOTORS ON CERTAIN WATERS. Code Section 12-3-10 Amended. No. 801 (Senate Bill No. 174). AN ACT To amend Section 12-3-10 of the Official Code of Georgia Annotated, relating to the requirements applicable to parks, historic sites, and recreational areas under the custody and control of the Department of Natural Resources, so as to specify that electric motors only may be used on Sweetwater Creek Lake and the 37-acre lake at Hard Labor Creek; to specify that only electric motors or 10 horsepower or less gasoline motors may be used on the 275-acre lake at Hard Labor Creek; to establish hours of operation for certain types of boats at Little Ocmulgee Lake and the upper 29-acre Magnolia Springs Lake; 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 12-3-10 of the Official Code of Georgia Annotated, relating to the requirements applicable to parks, historic sites, and recreational areas under the custody and control of the Department of Natural Resources, is amended by striking the period at the end of paragraph (6) of subsection (g) and inserting in lieu thereof a semicolon and by adding at the end of subsection (g) new paragraphs (7) and (8) to read as follows: (7) Sweetwater Creek Lake; (8) Hard Labor Creek Lake (the 37-acre lake). Section 2 . Said Code Section 12-3-10 is further amended by striking paragraph (3) of subsection (h) and inserting a new paragraph (3) of subsection (h) to read as follows: (3) Hard Labor Creek Lake (the 275-acre lake);

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Section 3 . Said Code Section 12-3-10 is further amended by striking the period appearing at the end of paragraph (8) of subsection (h) and inserting in lieu thereof a semicolon and by adding at the end of said subsection (h) new paragraphs (9) and (10) to read as follows: (9) Little Ocmulgee Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, and sunset); and (10) Magnolia Springs Lake (upper lake-29 acres) (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, and sunset). 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 14, 1984. ALCOHOLIC BEVERAGESDISTILLED SPIRITSSHIPPERS REQUIRED TO REGISTER LABELS. Code Chapter 3-6 Amended. No. 803 (Senate Bill No. 290). AN ACT To amend Chapter 4 of Title 3 of the Official Code of Georgia

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Annotated, relating to distilled spirits, so as to provide for a short title; to provide for purposes and policies; to require every manufacturer or shipper of distilled spirits into the state to register one label of each brand being shipped into Georgia for the first time and to establish certain requirements as a condition of such registration; to empower the commissioner to adopt regulations; 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 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, is amended by adding at the end thereof a new article, to be designated Article 6, to read as follows: Article 6 3-6-150. This article shall be known and may be cited as the `Georgia Distilled Spirits Distribution Act.' 3-6-151. This article is promulgated pursuant to the authority granted to the state under the provisions of the Twenty-first Amendment to the United States Constitution specifically for the following purposes and policies: (1) To prevent unfair business practices, discrimination, and undue control of one segment of the distilled spirits industry by any other segment; (2) To foster vigorous and healthy competition in the distilled spirits industry; (3) To promote and keep alive a sound and stable system of distribution of distilled spirits to the public; (4) To protect public revenues by facilitating the collection and accountability of state and local excise taxes; and (5) To promote the public health, safety, and welfare of the people of the State of Georgia.

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3-6-152. (a) Every manufacturer or shipper shipping distilled spirits for the first time into the state shall: (1) Submit to the commissioner one label for each brand of distilled spirits to be shipped for the first time by the manufacturer or shipper into this state; (2) Designate in the application for registration the sales territories for each of its brands sold in this state; and (3) Name one licensed wholesaler in each territory who shall be the exclusive distributor of the brand within the territory. (b) Designations of wholesalers and wholesalers' territories as provided in this Code section shall be initially approved by the commissioner and shall not be changed or initially disapproved except for cause. The commissioner shall determine cause after a hearing under regulations promulgated by the commissioner for such purposes. 3-6-153. The commissioner shall have the authority to adopt such regulations as are consistent with this article. Section 2 . This Act shall become effective upon its approval by 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, 1984.

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DEPARTMENT OF COMMUNITY AFFAIRSCOMPOSITION OF BOARDTERMS OF MEMBERS, ETC. Code Section 50-8-4 Amended. No. 804 (Senate Bill No. 331). AN ACT To amend Code Section 50-8-4 of the Official Code of Georgia Annotated, relating to the Board of Community Affairs, generally, so as to provide for the composition of the Board of Community Affairs; to provide for the membership of the board; to provide for the terms of the members of the board; to provide for filling vacancies on 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 . Code Section 50-8-4 of the Official Code of Georgia Annotated, relating to the Board of Community Affairs, generally, is amended by striking subsection (b) thereof, which reads as follows: (b) The Board shall consist of nine members appointed by the Governor. Three members shall be duly elected officials of municipalities of Georgia; three members shall be duly elected county commissioners of counties in this state or officials fulfilling that function in counties where no county commission exists; and three members shall be appointed from the populace at large., and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) On and after July 1, 1984, the Board of Community Affairs 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. 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, 1985; two members representative of congressional districts and one at-large member

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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; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1988; and two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1989. 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. (2) The board shall at all times consist of five members who are elected officials of municipalities, five members who are elected officials of counties, and five members from the populace at large. In appointing members who are elected officials of municipalities, the Governor may consult with and seek recommendations from the Georgia Municipal Association. In appointing members who are elected officials of counties, the Governor may consult with and seek recommendations from the Association County Commissioners of Georgia. Section 2 . Said Code section is further amended by striking subsection (c) thereof, which reads as follows: (c) Board members shall be appointed to terms initially as follows: three members shall be appointed for a one-year term expiring on June 30, 1978; three members shall be appointed for a two-year term expiring on June 30, 1979; and three members shall be appointed for a three-year term expiring on June 30, 1980. Thereafter, all appointments of board members shall be for three years., and inserting in lieu thereof a new subsection (c) to read as follows: (c) The first members appointed under subsection (b) of this Code section shall be appointed for terms which begin July 1, 1984. The members of the Board of Community Affairs serving on April 1, 1984, shall remain in office until July 1, 1984, and until their successors are appointed and qualified. Section 3 . Said Code section is further amended by striking subsection (f) thereof, which reads as follows:

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(f) Board members may be reappointed by the Governor to additional terms, provided that the reappointment does not alter the composition of the board as provided for in subsection (b) of this Code section. Should the Governor decide not to reappoint any board member upon the expiration of such member's term, the following procedure shall apply: (1) If the member was a duly elected municipal official, the Governor shall request a list of three nominees from the Georgia Municipal Association, from which he shall select one; (2) If the member was a duly elected county commissioner, the Governor shall request a list of three nominees from the Association County Commissioners of Georgia from which list he shall select one; or (3) If the member was appointed from the populace at large, the Governor shall appoint from the populace at large., and inserting in lieu thereof a new subsection (f) to read as follows: (f) Board members may be reappointed by the Governor to additional terms, provided that the reappointment does not alter the composition of the board as provided for in subsection (b) of this Code section. Should the Governor decide not to reappoint any board member upon the expiration of such member's term, the following procedure shall apply: (1) If a member was appointed from a congressional district, the Governor shall appoint from the congressional district; or (2) If the member was appointed from the state at large, the Governor shall appoint from the state at large. 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 14, 1984.

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GEORGIA COMMISSION ON STATE GROWTH POLICYLAW CREATING COMMISSION AMENDED. Code Chapter 50-12 Amended. No. 805 (Senate Bill No. 333). AN ACT To amend Article 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on State Growth Policy, so as to provide for legislative findings and declarations; to provide for powers and duties of the commission; to change the membership, manner of selection, and other matters relative to the board; to provide for compensation for members of the board; to change the date on which the commission shall be terminated; 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 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on State Growth Policy, is amended by striking in its entirety subsection (a) of Code Section 50-12-131, relating to legislative findings and declarations, which reads as follows: (a) The General Assembly finds and declares that there is a need for an official body to: (1) Advise the executive and legislative branches of state government on the roles of state and local governments in the provision of orderly growth and development in our state; (2) Study problems and recommend solutions concerning intergovernmental aspects of governmental structure, finance, functions, and relationships at the local, regional, state, and interstate levels; (3) Establish a regular system of reporting to state and local public officials on the progress of Georgia and its political subdivisions toward meeting their intergovernmental responsibilities;

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(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., and inserting in lieu thereof a new subsection (a) to read as follows: (a) The General Assembly finds and declares that there is a need for an official body to: (1) Examine the growth and development that is taking place within the State of Georgia to determine its impact on the natural and human resources of our state; (2) Examine policies that exist at the state and local level that promote or inhibit the growth and development of the state; (3) Catalog and review the incentives that exist at the state and local level to promote or direct growth and development; (4) Examine policies of the federal government that impact the growth and development of the State of Georgia; (5) Examine what other states are doing with respect to growth and development in order to ascertain our competitive position; (6) Examine the types of development that are likely to take place in the future in Georgia and determine their potential impact; (7) Examine ways in which the state can assist localities in the furtherance of their economic development goals and objectives; and (8) Examine the status of intergovernmental relations within the State of Georgia to determine whether the policies of the various levels of government are in conflict and, if so, to make recommendations.

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Section 2 . Said article is further amended by striking in its entirety Code Section 50-12-132, relating to the commission, generally, which reads as follows: 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 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.,

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and inserting in lieu thereof a new Code Section 50-12-132 to read as follows: 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 21 members as follows: the chairman of the Senate Economic Development and Tourism Committee; the chairman of the House of Representatives Industry Committee; the chairman of the Senate Federal, State, and Community Affairs Committee; the chairman of the House of Representatives State Planning and Community Affairs Committee; the commissioners of the Department of Industry and Trade, the Department of Community Affairs, the Department of Natural Resources, the Department of Transportation, and the Department of Agriculture; the directors of the Environmental Protection Division of the Department of Natural Resources, the Office of Planning and Budget, and the State Forestry Commission; and the executive director of the Georgia Development Authority, all of whom shall be ex officio voting members; and eight members appointed by the Governor, two of whom shall be elected city officials and two of whom shall be elected county officials. (b) Members of the General Assembly shall be appointed to terms which correspond to their terms of office. Members appointed by the Governor shall be appointed to two-year terms. (c) If a representative of the counties or of the cities or a legislator ceases to be an officer or a member of the unit he is appointed to represent, his membership on the commission shall terminate immediately and there will be a vacancy in the membership. Within 30 days, such vacancy shall be filled in the manner of the regular appointment; and the person so appointed shall serve only to the end of the unexpired term and until his successor is appointed and qualified. All members may be reappointed. (d) The Governor shall appoint a chairman and a vice-chairman and such other officers as he may deem necessary. The chairman and vice-chairman shall serve for one year and may be reappointed. If both the chairman and the vice-chairman are absent at any meeting, the members present shall elect a temporary chairman by a majority vote.

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(e) Ten members of the commission shall constitute a quorum. (f) 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. All other members of the commission shall be entitled to reimbursement for actual costs incurred in attendance at meetings of the commission, but such reimbursement shall not exceed $59.00 per day. Section 3 . Said article is further amended by striking in its entirety subsection (a) of Code Section 50-12-133, relating to the duties and functions of the commission, which reads as follows: (a) The commission shall: (1) Serve as a forum for the discussion and study of intergovernmental problems, focusing on intergovernmental relations, growth and development of the state fiscal policies, service delivery, and the relations between urban and rural areas; (2) Examine proposed and existing federal and state programs, assess their impact upon the state and its political subdivisions, and provide for such assessments and recommendations, when appropriate, to the General Assembly, the Governor, or any other group, public or private, whose activities affect intergovernmental relations; (3) Encourage the coordination of studies relating to intergovernmental relations conducted by universities; state, local, and federal agencies; and research and consulting organizations; (4) Issue annual reports of its findings and recommendations to be transmitted to the Governor and the presiding officer of each house of the General Assembly not less than 30 days prior to the convening of each regular session of the General Assembly. Such report shall set forth the reasons and supporting data for each recommendation and shall, if appropriate, include draft legislation to implement such recommendations;

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(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., and inserting in lieu thereof a new subsection (a) to read as follows: (a) The commission shall: (1) Serve as the official body to carry out the functions specified in subsection (a) of Code Section 50-12-131; (2) Encourage the coordination of studies relating to growth and development conducted by universities; state, local, and federal agencies; and research and consulting organizations; (3) Issue special or interim reports on special studies as it may deem appropriate; and (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 reports shall set forth the reasons and supporting data for each recommendation and shall, if appropriate, include draft legislation to implement such recommendations. Section 4 . Said article is further amended by striking in its entirety Code Section 50-12-137, relating to the termination of the Georgia Commission on State Growth Policy, and inserting in lieu thereof a new Code Section 50-12-137 to read as follows: 50-12-137. The provisions of this article and the Georgia Commission on State Growth Policy shall be continued until June 30, 1985, at which time the commission and this article shall be terminated and stand repealed in their entirety. 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 14, 1984. UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORTDUTY OF COURT ACTING AS RESPONDING STATE. Code Section 19-11-61 Amended. No. 806 (Senate Bill No. 369). AN ACT To amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the Uniform Reciprocal Enforcement of Support Act, so as to provide that a court of this state, acting as a responding state, shall transfer the documents received by it if it discovers that the respondent or his property may be found in another county of this state or in another state; 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 19 of the Official Code of Georgia Annotated, the Uniform Reciprocal Enforcement of Support Act, is amended by striking Code Section 19-11-61, relating to procedures in responding courts unable to obtain jurisdiction, and inserting in its place a new Code section to read as follows: 19-11-61. (a) If a court of this state, acting as a responding state, is unable to obtain jurisdiction of the respondent or his property, due to inaccuracies or inadequacies in the petition or otherwise, the court shall communicate this fact to the court in the initiating state, shall on its own initiative use all means at its disposal to trace

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the respondent or his property, and shall hold the case pending the receipt of more accurate information or an amended petition from the court in the initiating state or information from the district attorney that the matter should be transferred as provided in subsection (b) of this Code section. The local police authorities and the state police shall cooperate with the court in locating any respondent alleged by petition to be present in this state. (b) If the respondent or his property is not found in the county and the district attorney discovers that the respondent or his property may be found in another county of this state or in another state, the district attorney shall so inform the court. If the district attorney so informs the court, the clerk of court shall forward the documents received from the court in the initiating state to the superior court in the county of this state or to the appropriate court, information agency, or other proper officials of another state where the defendant or his property may be found. A clerk of court who so forwards documents shall give notice to the court from which the documents were received that the documents have been so forwarded. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. SOLICITORS OF STATE COURTSLEGAL EXPERIENCE QUALIFICATIONS CHANGED. Code Section 15-7-24 Amended. No. 807 (Senate Bill No. 371). AN ACT To amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors of state courts, so as to change the

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legal experience qualification for the office of solicitor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors of state courts, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (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 one year. Section 2 . This Act shall become effective May 1, 1984. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. EQUINE DISEASESBOND REQUIRED OF DEALERS, BROKERS AND SALES ESTABLISHMENTS. Code Section 4-4-113 Amended. No. 808 (Senate Bill No. 375). AN ACT To amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to equine diseases and regulation of sales and purchases of equines, so as to change the amount of bond required to be posted by equine dealers, brokers, and sales establishment

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operators; to provide for bonds for special sales; 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 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to equine diseases and regulation of sales and purchases of equines, is amended by striking Code Section 4-4-113 which reads as follows: 4-4-113. No livestock market operator engaged in the sale of equines shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner; no equine dealer or broker who buys or sells through a livestock market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner, provided that such licenses shall be permanent until canceled, suspended, revoked, or surrendered; such licenses shall be nontransferable and free of charge. Any person, firm, or corporation commencing operation of a new sales establishment for the sale of equines at auction and any dealer or broker commencing such a business shall, prior to obtaining a license, post a bond of $5,000.00 and within 60 days after the issuance of a license post a bond for the first year of operation in an amount equal to one-fourth of the total volume of business for the first four weeks of operation, provided that the minimum bond shall be $5,000.00 and the maximum bond shall not be required to exceed $50,000.00. The provisions of this Code section requiring the posting of a bond shall not apply to any authorized agent of a person, firm, or corporation having posted the bond required by this Code section, when such agent is acting for and on behalf of such principal., and inserting in its place a new Code section to read as follows: 4-4-113. (a) No livestock market operator engaged in the sale of equines shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner; no equine dealer or broker who buys or sells through a livestock market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner, provided that such licenses shall be permanent until canceled, suspended, revoked, or surrendered; such licenses shall be nontransferable and free of charge. Any person, firm, or corporation commencing operation of a new sales establishment for the sale of equines at auction and

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any dealer or broker commencing such a business shall, prior to obtaining a license, post a bond as required by this Code section. The provisions of this Code section requiring the posting of a bond shall not apply to any authorized agent of a person, firm, or corporation having posted the bond required by this Code section, when such agent is acting for and on behalf of such principal. (b) No person shall operate a sales establishment for the sale of equines 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; (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; or (3) An amount calculated under paragraph (1) or (2) of this subsection, if not a multiple of $5,000.00, shall be rounded to the nearest higher multiple of $5,000.00. (c) No dealer or broker shall purchase equines 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; (3) Adjust the amount obtained under paragraph (2) of this subsection as follows:

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(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; (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; and (4) An amount calculated under paragraph (3) of this subsection, if not a multiple of $5,000.00, shall be rounded up to the nearest multiple of $5,000.00. (d) Any equine dealer, broker, or sales establishment operator who would otherwise be required by this Code section to post a bond and who has posted a current livestock dealer's, broker's, or sales establishment's bond under Chapter 6 of this title shall not be required to post any bond under this Code section if such livestock dealer's, broker's, or sales establishment's bond, in addition to meeting all requirements of Chapter 6 of this title, meets the requirements of paragraph (1) of Code Section 4-4-111. (e) In calculating amounts of bonds under this Code section, 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. (f) (1) As used in this subsection, the term `special sale' means any sale of equines, except a regular sale at an establishment and any sale by a farmer of equines owned by the farmer, with payment made directly to the farmer. (2) 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

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granted without charge upon submission of proof satisfactory to the Commissioner that the person applying for the permit is bonded in an amount equal to one-fourth of the anticipated proceeds of the sale; provided, however, such bond shall be not less than $10,000.00 and not more than $150,000.00 in amount. (3) Associations holding sales of equines 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. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. LABOR AND INDUSTRIAL RELATIONSPRIVATE EMPLOYMENT AGENCIESTERMINATION DATE OF STATE ADVISORY COUNCIL. Code Section 34-10-16 Amended. No. 809 (Senate Bill No. 376). AN ACT To amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to private employment agencies, so as to change the termination date of the State Employment Agency Advisory Council and the date of repeal of laws relating to such council; 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 10 of Title 34 of the Official Code of Georgia Annotated, relating to private employment agencies, is amended by striking in its entirety Code Section 34-10-16, relating to the termination date of the State Employment Agency Advisory Council, and inserting in lieu thereof a new Code Section 34-10-16 to read as follows: 34-10-16. For the purposes of Chapter 2 of Title 43, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Employment Agency Advisory Council shall be terminated on July 1, 1985, and this chapter 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 14, 1984. GENERAL ASSEMBLYCOMPOSITION OF CERTAIN STATE SENATE DISTRICTS CHANGED. Code Section 28-2-2 Amended. No. 811 (Senate Bill No. 388). AN ACT To amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment of the Senate and qualifications of its members, so as to change the composition of certain state Senate districts; to provide an effective date and applicability; 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 28-2-2 of the Official of Georgia Annotated, relating to apportionment of the Senate and qualifications of its members, is amended by striking from subsection (a) the descriptions of Senate Districts 10 and 13 and inserting in lieu thereof the following new descriptions of said districts: District No. 10 Colquitt That part of Tract 9901 outside the City of Moultrie Tract 9902 Blocks 101 through 105 Tract 9903 Blocks 101, 105 through 110, 113 through 116, and 118 Block Group 2 That part of Block 305 which lies west of the Ochlocknee River Blocks 306 through 316 That part of Block 317 within the City of Doerun That part of Block 317 outside the City of Doerun which lies west of Ochlocknee River Those parts of Blocks 326 and 331 which lie west of the Ochlocknee River Block 334 Block Group 4 That part of Block 501 which lies west of the Ochlocknee River Blocks 502 through 531 Block Groups 6 and 7 Those parts of Tracts 9904 through 9906 outside the City of Moultrie Decatur Grady Thomas

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District No. 13 Ben Hill Colquitt That part of Tract 9901 within the City of Moultrie Tract 9902 Blocks 106 through 108, 110 through 120, and 122 through 137 Block Groups 2 through 6 Tract 9903 Blocks 102 through 104, 111, 112, and 302 through 304 That part of Block 305 which lies east of the Ochlocknee River That part of Block 317 outside the City of Doerun which lies east of the Ochlocknee River Blocks 318 through 325 That part of Block 326 which lies east of the Ochlocknee River Blocks 327 through 330 That part of Block 331 which lies east of the Ochlocknee River Blocks 332 and 333 That part of Block 501 which lies east of the Ochlocknee River Those parts of Tracts 9904 through 9906 within the City of Moultrie Crisp Dooly Irwin Turner Worth

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply to all elections for members of the Senate held on and after its effective date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. CRIMES AND OFFENSESPUNISHMENT FOR INVOLUNTARY MANSLAUGHTER CHANGED. Code Section 16-5-3 Amended. No. 812 (Senate Bill No. 405). AN ACT To amend Code Section 16-5-3 of the Official Code of Georgia Annotated, relating to involuntary manslaughter, so as to change the punishment for the offense of involuntary manslaughter in the commission of an unlawful act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 16-5-3 of the Official Code of Georgia Annotated, relating to involuntary manslaughter, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-5-3 to read as follows:

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16-5-3. (a) A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony. A person who commits the offense of involuntary manslaughter in the commission of an unlawful act, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (b) A person commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. A person who commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner, 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 14, 1984. CONSERVATION AND NATURAL RESOURCESOIL AND GAS AND DEEP DRILLING ACT OF 1975 AMENDED. Code Chapter 12-4 Amended. No. 813 (Senate Bill No. 419). AN ACT To amend Part 2 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, known as the Oil and Gas and Deep Drilling Act of 1975, so as to provide for definitions; to change the provisions relating to the powers of the Board of Natural Resources;

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to provide that the board may delegate to the director of the Environmental Protection Division of the Department of Natural Resources certain duties and powers; to change the provisions relating to records, permits, orders, and enforcement actions; to change the provisions relating to confidentiality of records; to change the provisions relating to bonds; to change the provisions relating to administrative and judicial hearings, procedure, and review; to change the provisions relating to penalties; to change the provisions relating to applicability of certain laws; 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 2 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, known as the Oil and Gas and Deep Drilling Act of 1975, is amended by inserting in Code Section 12-4-42, relating to definitions, a new paragraph (1.1) to read as follows: (1.1) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. Section 2 . Said part is further amended by striking paragraph (5) of Code Section 12-4-43, relating to powers of the board as to deep drilling, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) The board may delegate to the director the administrative duties and powers, including, without limitation, the power to consider and issue permits to drill wells and to establish drilling and operation units, created under the authority of this part. Section 3 . Said part is further amended by striking paragraphs (15) and (16) of Code Section 12-4-44, relating to the adoption and promulgation of rules and regulations, and inserting in lieu thereof new paragraphs (15) and (16) to read as follows: (15) To require that accurate records be kept on forms to be prescribed by the director, which records shall be reported to the director within the time specified in such rules and regulations; reports shall include such information as the director may prescribe, including, but not limited to, information concerning cuttings, subsurface samples, and lithologic and geophysical logs;

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(16) To require that geologic and testing information obtained from a well regulated under this part be held in confidence by the director for a period of at least six months from the time of drilling to total depth, or, if the director approves, a longer period, if the operator makes a written request for the same stating the length of the extension desired and the reasons therefor; provided, however, that the guarantee of confidentiality provided for in this paragraph shall in no way impair the ability of the board or the director to enforce this part;. Section 4 . Said part is further amended by striking Code Section 12-4-46, relating to drilling permits for oil and gas wells, in its entirety and inserting in lieu thereof a new Code Section 12-4-46 to read as follows: 12-4-46. (a) Before any well covered by this part may be drilled, the person desiring to drill the well shall apply to the director for a drilling permit, using such forms as the director may prescribe, and shall pay a fee of $25.00 for each permit. (b) The director shall, within 30 days after the receipt of a properly completed application from any person desiring to drill a well covered by this part, either issue or deny a permit for the well. (c) In issuing or denying a permit for the drilling of a well covered by this part, the director shall consider the extent to which the proposed well complies with this part, all rules and regulations adopted and promulgated pursuant hereto, or any order hereunder. (d) In issuing a permit for the drilling of any well covered by this part, the director shall specify therein such terms and conditions as he deems necessary to receive the permit and to lawfully operate thereunder. Any permit issued under this Code section shall become final unless the person or persons named therein request in writing a hearing before an administrative law judge appointed by the board no later than 30 days after the issuance of such permit. (e) The director shall have the power and the authority to revoke a permit for noncompliance with any of the provisions of this part, any rules and regulations promulgated under this part, or the special conditions contained in any permit.

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(f) The issuance of a permit under this part in no way indicates a determination by the director as to property or contractual rights of the applicant to drill such a well at the designated location. Section 5 . Said part is further amended by striking subsection (b) of Code Section 12-4-47, relating to bonds for persons conducting drilling operations, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any bond required under this part shall be released two years from the date of receipt by the director of all geological information required under this part or any rule or regulation adopted pursuant to this part; provided, however, that the director shall have examined and approved the abandoned well for which the bond was furnished. Section 6 . Said part is further amended by striking subsections (a), (b), (c), and (d) and paragraph (1) of subsection (e) of Code Section 12-4-48, relating to administrative proceedings to enforce the Oil and Gas and Deep Drilling Act of 1975, and inserting in lieu thereof new subsections (a), (b), (c), and (d) and a new paragraph (1) of subsection (e) to read as follows: (a) Whenever the director has reason to believe that any person is violating the provisions of this part or any rule or regulation adopted pursuant hereto, the director may issue an administrative order to that person. The order shall specify the provisions of this part alleged to have been violated and shall order that corrective action be taken within a reasonable period of time prescribed in the order. Any such order shall become final and enforceable unless the person or persons named therein request in writing a hearing before an administrative law judge appointed by the board no later than 30 days after the issuance of the order. (b) Whenever the director finds that an emergency exists requiring immediate action to protect the public interest, the director may issue a provisional order reciting the existence of such an emergency and requiring that such action be taken as is reasonably necessary to meet the emergency under the circumstances, provided that such an emergency order shall be issued only after an affidavit has been filed with the director showing specific facts of such an emergency condition. Such order shall be effective immediately. Any person against whom such order is directed shall upon appropriate notice comply

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therewith immediately but on application to the director shall be afforded a hearing before an administrative law judge appointed by the board within ten days of receipt of such application by the director, or, if the party applying so requests, within 48 hours of receipt of such application by the director. Prior to such hearing, the director shall be authorized to modify or revoke such order. After the hearing, the administrative law judge shall be authorized to make such order as is just and reasonable, including an order continuing, revoking, or modifying such provisional order. (c) Whenever the director has reason to believe that any person is violating any provision of this part or any rule or regulation adopted pursuant hereto, the director may bring an action against such person in the proper superior court to restrain such person or persons from continuing such violations. In such action, the director may seek injunctions, including temporary restraining orders and temporary injunctions, without the necessity for showing lack of an adequate remedy at law. (d) Any person who willfully or negligently violates any provision of this part, any rule or regulation adopted hereunder, or any permit or final or emergency order of the director shall be subject to a civil penalty of not less than $50.00, but in any event not to exceed $10,000.00 for each act of violation. Each day of continued violation shall subject such person to a separate civil penalty. An administrative law judge appointed by the board, after a hearing shall determine whether or not any person has violated any provision of this part or any rule or regulation adopted hereunder or any permit or final or emergency order of the director, and shall upon proper finding issue an order imposing such civil penalties as provided in this Code section. Any person so penalized under this Code section is entitled to judicial review. In this connection, all hearings and proceedings for judicial review under this Code section shall be in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' All civil penalties recovered by the director as herein provided by this chapter shall be paid into the state treasury to the credit of the general fund. (e) (1) In addition to any other enforcement remedy available to the director under this part, all illegal minerals and illegal products are declared to be contraband and forfeited to the state and shall be confiscated and seized by any peace officer who shall forthwith deliver it to the director or his duly authorized agent within ten days of the seizure.

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Section 7 . Said part is further amended by striking Code Section 12-4-49, relating to the applicability of the Georgia Administrative Procedure Act, in its entirety and inserting in lieu thereof a new Code Section 12-4-49 to read as follows: 12-4-49. In the administration and enforcement of this part, all hearings before an administrative law judge shall be subject to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any party to said hearings (including the director) shall have the right of judicial review in accordance with Chapter 13 of Title 50. Section 8 . Said part is further amended by striking Code Section 12-4-50, relating to contested hearings, in its entirety and inserting in lieu thereof a new Code Section 12-4-50 to read as follows: 12-4-50. In any contested administrative hearing under this part, no person shall be excused from attending and testifying, or from producing books, papers, and records before the administrative law judge, or from obedience to the subpoena of the administrative law judge, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required by him may tend to incriminate him or subject him to a penalty or forfeiture, provided that nothing contained in this Code section shall be construed as requiring any person to produce any books, papers, or records, or to testify in response to any inquiry, not pertinent to a question lawfully before the administrative law judge for determination. No evidence given by or required of any natural person shall be used or admitted against such a person in any criminal prosecution for any transaction, matter, or thing concerning which he may be required to testify or produce evidence, documentary or otherwise, before the administrative law judge in obedience to its subpoena; provided, however, that no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. Section 9 . Said part is further amended by striking Code Section 12-4-51, relating to the effect of the Oil and Gas and Deep Drilling Act of 1975 on other laws, in its entirety and inserting in lieu thereof a new Code Section 12-4-51 to read as follows: 12-4-51. Any provision of Part 2 of Article 3 of Chapter 5 of Title 12 which is inconsistent with this part shall not be repealed by this part and shall govern over this part.

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Section 10 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. CONSERVATION AND NATURAL RESOURCESDUTIES OF ENVIRONMENTAL PROTECTION DIVISIONPROCEDURES, ETC. Code Titles 12 and 27 Amended. No. 814 (Senate Bill No. 420). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, and to amend Title 27 of the Official Code of Georgia Annotated, known as the Game and Fish Code, so as to change the provisions relating to the Environmental Protection Division of the Department of Natural Resources and the director of the division; to change the provisions relating to administrative procedures and administrative review of orders or actions of the commissioner of natural resources, the director of the Environmental Protection Division, the Shore Assistance Committee, and the Coastal Marshlands Protection Committee; to provide for practices and procedures; to provide for review of decisions or actions by administrative law judges; to provide for their appointment; to provide for hearings; to provide for qualifications; to provide for judicial review; to provide for definitions; to provide for civil penalties and the practices and procedures connected therewith; to provide for inspection warrants and the practices and procedures connected therewith; to provide for execution of inspection warrants; to provide for penalties; to provide for certification of pollution control facilities

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and related matters; to provide that certain orders may be made orders of superior courts; to change the provisions relating to permits for withdrawal and diversion of surface waters and judicial reviews and administrative hearings in connection therewith; to change the provisions relating to the Coastal Marshlands Protection Committee and its powers, duties, practices, and procedures; to change the provisions relating to enforcement of the game and fish laws and practices, procedures, and administrative orders in connection therewith; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking subsection (c) of Code Section 12-2-2, relating to the creation of the Environmental Protection Division of the Department of Natural Resources and the office of the director of the division, and inserting in lieu thereof new subsections (c) and (d) to read as follows: (c) (1) The director shall issue all orders and shall grant, deny, revoke, or amend all permits or variances provided for in the laws to be enforced by the division. The director shall also issue any certification which is required by any law of this state or the United States to be issued by the director, the Department of Natural Resources, or the State of Georgia relating to pollution control facilities or matters. (2) Any person who is aggrieved or adversely affected by any order or action of the director shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act' and the rules and regulations adopted by the board pursuant thereto. Any administrative law judge so appointed by the board shall fully meet and qualify as to all applicable conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollution Control Act of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder. The decision of the administrative law judge shall constitute the

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final decision of the board and any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. (3) Persons are `aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the director is empowered to administer and enforce. In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner. (4) Notwithstanding any other law to the contrary, in seeking civil penalties for the violation of those laws to be enforced by the division and where the imposition of such penalties is provided for therein, the director upon written request may cause a hearing to be conducted before an administrative law judge appointed by the Board of Natural Resources for the purpose of determining whether such civil penalties should be imposed in accordance with the law there involved. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. (d) Whenever the Constitution and laws of the United States or the State of Georgia require the issuance of a warrant to make an inspection under any law administered by the director, the procedure set forth in paragraphs (1) through (7) of this subsection shall be employed. (1) The director or any person authorized to make inspections for the division shall make application for an inspection warrant to a person who is a judicial officer within the meaning of Code Section 17-5-21.

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(2) An inspection warrant shall be issued only upon cause and when supported by an affidavit particularly describing the place, dwelling, structure, premises, or vehicle to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle. (3) An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judicial officer by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void. (4) An inspection pursuant to an inspection warrant shall be made between 8:00 A.M. and 6:00 P.M. of any day or at any time during operating or regular business hours. An inspection should not be performed in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry where facts are shown which are sufficient to create a reasonable suspicion of a violation of this title, which, if such violation existed, would be an immediate threat to health or safety, or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused and a warrant has been issued, the warrant may be executed without further notice to the owner or occupant of the particular place, dwelling, structure, premises, [Illegible Text] vehicle to be inspected.

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(5) It shall be unlawful for any person to refuse to allow an inspection pursuant to an inspection warrant issued as provided in this subsection. Any person violating this paragraph shall be guilty of a misdemeanor. (6) Under this subsection, an inspection warrant is an order, in writing, signed by a judicial officer, directed to the director or any person authorized to make inspections for the division, and commanding him or her to conduct any inspection required or authorized by this title or regulations promulgated pursuant to this title. (7) Nothing in this subsection shall be construed to require an inspection warrant when a warrantless inspection is authorized by law or a permit issued under this title. Section 2 . Said title is further amended by striking subsection (o) of Code Section 12-5-31, relating to permits for withdrawal and diversion of surface waters, in its entirety and inserting in lieu thereof a new subsection (o) to read as follows: (o) All administrative hearings and reviews and judicial reviews occurring as a result of actions taken by the director under this Code section shall be conducted in accordance with subsection (c) of Code Section 12-2-2. Section 3 . Said title is further amended by striking Code Section 12-5-45, relating to judgments on final orders of the Environmental Protection Division of the Department of Natural Resources under the Georgia Water Quality Control Act, in its entirety and inserting in lieu thereof a new Code Section 12-5-45 to read as follows: 12-5-45. The division may file in the superior court in the county in which the person under order resides, or in the county in which the violation occurred or, if the person is a corporation, in the county in which the corporation maintains its principal place of business, a certified copy of a final order of the director or the administrative law judge unappealed from or of a final order of the administrative law judge affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. The 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.

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Section 4 . Said title is further amended by striking Code Section 12-5-243, relating to administrative and judicial review of actions by the Shore Assistance Committee, in its entirety and inserting in lieu thereof a new Code Section 12-5-243 to read as follows: 12-5-243. (a) Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. (b) Where a local unit of government has, pursuant to this part, granted, suspended, modified, extended, conditioned, or denied a permit, any person aggrieved or adversely affected by such action shall be afforded a right to administrative and judicial review of such action. (c) Persons are `aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by this part. In the event the committee or local unit of government, as appropriate, asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner. Section 5 . Said title is further amended by striking Code Section 12-5-282, relating to the creation, membership, powers, administrative hearings and review of the Coastal Marshlands Protection Committee, in its entirety and inserting in lieu thereof a new Code Section 12-5-282 to read as follows:

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12-5-282. (a) There is created the Coastal Marshlands Protection Committee to be composed of three members. The commissioner of natural resources and the director of the Environmental Protection Division of the department shall be members of this committee. The third member of the committee shall be selected by the Board of Natural Resources. The committee shall issue all orders and shall grant, deny, revoke, and amend all permits provided for by this part. (b) Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. (c) Persons are `aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by this part. In the event the committee asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner. Section 6 . Said title is further amended by striking paragraph (3) of Code Section 12-5-288, relating to enforcement of the Coastal Marshlands Protection Act of 1970, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) The committee may file in the appropriate superior court a certified copy of an unappealed final order of the administrative law judge or of a final order of the administrative law judge affirmed upon appeal; whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same

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effect, and all proceedings in relation thereof shall thereafter be the same, as though such judgment has been rendered in an action duly heard and determined by the court; Section 7 . Title 27 of the Official Code of Georgia Annotated, known as the Game and Fish Code, is amended by striking paragraph (2) of subsection (a) of Code Section 27-1-36, relating to civil enforcement of the game and fish laws by the Department of Natural Resources, in its entirety and inserting in lieu thereof new paragraphs (2) and (3) to read as follows: (2) Whenever the commissioner determines that any person has violated any provision of this title or any regulations or orders promulgated under this title, the commissioner may issue an administrative order imposing a civil penalty not to exceed $1,000.00 for the violation. Any person who is aggrieved or adversely affected by any such order shall, upon petition within 30 days after the issuance of such order, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. (3) All civil penalties recovered by the department as provided in this Code section shall be paid into the state treasury. The commissioner may file in the superior court in the county in which the person under order resides or, if the person is a corporation, in the county in which the corporation maintains its principal place of business, or in the county in which the violation occurred, a certified copy of a final order of the commissioner or the administrative law judge unappealed from or of a final order of the administrative law judge affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. The 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. Section 8 . Said title is further amended by striking subsection (d) of Code Section 27-1-37, relating to administrative orders issued

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by the Department of Natural Resources, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) The hearing reviewing an administrative order or an emergency administrative order shall be conducted by an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. Section 9 . Said title is further amended by striking subsections (c) and (d) of Code Section 27-2-25, relating to denial of licenses and permits for violation of the game and fish laws and administrative and judicial review thereof, in their entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Any person whose license, permit, or application for a license or permit, or both, is proposed for revocation, suspension, denial, or nonrenewal shall, upon petition within 30 days of issuance of notice given as stated in subsection (a) of this Code section, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. Section 10 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984.

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APPEAL AND ERRORCONDITION OF SUPERSEDEAS BONDPAYMENT OF FINE IN CERTAIN CASES. Code Section 5-6-45 Amended. No. 815 (Senate Bill No. 432). AN ACT To amend Code Section 5-6-45 of the Official Code of Georgia Annotated, relating to supersedeas in criminal cases, so as to allow payment of a fine to be a condition of a supersedeas bond in certain cases; to clarify and prescribe procedures for ordering supersedeas in criminal cases where the defendant is a corporation; to provide for refunds of amounts collected in the event no bond is posted and the defendant prevails; to provide for immunity to certain officers from collection and enforcement of the judgment if no bond is posted and the defendant prevails; 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 5-6-45 of the Official Code of Georgia Annotated, relating to supersedeas in criminal cases, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 5-6-45 to read as follows: 5-6-45. (a) In all criminal cases, the notice of appeal filed as provided in Code Sections 5-6-37 and 5-6-38 shall serve as supersedeas in all cases where a sentence of death has been imposed or where the defendant is admitted to bail. If the sentence is bailable, the defendant may give bond in an amount prescribed by the presiding judge, with security approved by the clerk, conditioned upon the defendant's personal appearance to abide the final judgment or sentence of the court. If the judgment or sentence is or includes a fine which is unconditionally required to be paid, and is not required to be paid over a period of probation, nor as a condition of a suspended or probated sentence, nor as an alternative sentence, the bond may also be conditioned upon payment of the fine at the time the defendant appears to abide the final judgment or sentence.

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(b) If the defendant is a corporation which has been convicted as provided in Code Section 17-7-92, the presiding judge, on the motion of the defendant, prosecuting attorney, or on its own motion, may order that supersedeas be conditioned upon the posting of a supersedeas bond. Said order may be entered either before or after the filing of a motion for a new trial or notice of appeal. The bond shall be in an amount prescribed by the presiding judge, with security approved by the clerk, conditioned upon the defendant's appearance, by and through a corporate officer, agent, or attorney at law, to satisfy the judgment, together with all costs and interest. If the corporation fails to make the bond as ordered, the prosecuting attorney or other proper officer may use any and all lawful process and procedures available to enforce and collect the judgment. Should final judgment be entered in favor of the defendant, the presiding judge shall order a refund of all amounts collected in satisfaction of the judgment. The State of Georgia, and its political subdivisions, district attorney, solicitor, sheriff, marshal, all other proper officers, and all agents and employees of the aforementioned persons shall be immune from all civil liability for acts and attempts to enforce and collect a judgment under this subsection. (c) Any supersedeas bond may be reviewed by the presiding judge on the motion of defendant, prosecuting attorney, or on its own motion, and the court may require new or additional security, or order the bond strengthened, increased, reduced, or otherwise amended as justice may reasonably require. Section 2 . This Act shall become effective upon its approval by 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, 1984.

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APPEAL AND ERRORCODE SECTION 5-6-45 MADE APPLICABLE WHEN MOTION FOR NEW TRIAL FILED. Code Section 5-5-47 Amended. No. 816 (Senate Bill No. 433). AN ACT To amend Code Section 5-5-47 of the Official Code of Georgia Annotated, relating to supersedeas bonds when a new trial motion is filed in a criminal case, so as to provide that Code Section 5-6-45, relating to supersedeas and supersedeas bonds when notice of appeal is filed, shall apply equally in cases where a motion for a new trial is filed; 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 5-5-47 of the Official Code of Georgia Annotated, relating to supersedeas bonds when a new trial motion is filed in a criminal case, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) The provisions of Code Section 5-6-45, relating to supersedeas and supersedeas bonds when a notice of appeal is filed, shall apply equally to cases when a motion for a new trial is filed. Section 2 . This Act shall become effective upon its approval by 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, 1984.

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GAME AND FISHTAKING OF OYSTERS AND CLAMSREGULATIONS CHANGED. Code Chapter 27-4 Amended. No. 817 (Senate Bill No. 442). AN ACT To amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, so as to change the amount of oysters and clams that may be taken for noncommercial purposes; to specify the conditions under which a master collecting permit for oysters or clams will not be issued; to make the taking of clams for the purpose of transplanting unlawful except under specified circumstances; to change the definition of the term approved growing area; to establish guidelines for the approval of growing areas by the Department of Natural Resources; to establish the minimum size of clams that may be taken for commercial or noncommercial purposes; to change the times during which the commissioner of natural resources may open the salt waters of this state for the taking of clams; 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 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, is amended by striking Code Section 27-4-190, relating to master collecting permits, filing of copy of written permission and chart by master collecting permittee, in its entirety and substituting in lieu thereof a new Code Section 27-4-190 to read as follows: 27-4-190. (a) It shall be unlawful to take oysters or clams for commercial purposes or to take more than two bushels of oysters or one bushel of clams per person with a maximum of six bushels of oysters or two bushels of clams per boat per day for noncommercial use without first having obtained a master collecting permit, which permit shall specify whether the permittee is authorized to take oysters, clams, or both. Such permits shall be provided annually, at no cost, by the department but shall only be issued to persons with the right to harvest oysters or clams pursuant to Code Sections 44-8-6

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through 44-8-8 or to holders of leases from such persons; provided, however, employees of such persons or lessees may lawfully take oysters or clams for commercial purposes from such beds when they carry on their person written permission from the master collecting permittee to take oysters, clams, or both and possess a valid commercial fishing license and, when a boat is used, a valid commercial fishing boat license as provided in Code Sections 27-4-110 and 27-2-8, respectively. Such permission shall indicate the date of issuance, the authorized period of taking, the name of the master collecting permittee, the permit number, the number of the state agriculture certificate, and the name of the authorized employee and shall have attached a National Oceanic and Atmospheric Administration (NOAA) chart showing the location of the authorized taking. It shall be unlawful for any person to take oysters or clams from unauthorized locations and during unauthorized periods of taking. (b) The master collecting permittee shall file with the department a copy of the written permission and chart specified in subsection (a) of this Code section. The copy shall be filed prior to the taking of oysters or clams by any person pursuant to such permission. (c) A master collecting permit shall not be issued if the permittee failed to comply with Code Section 27-4-196 during the previous season or if the issuance of the permit is determined not to be in accordance with sound, current principles of wildlife research and management by the department. Section 2 . Said part is further amended by striking Code Section 27-4-193, relating to taking of oysters for the purpose of transplanting, in its entirety and substituting in lieu thereof a new Code Section 27-4-193 to read as follows: 27-4-193. (a) It shall be unlawful to take oysters and clams for the purpose of transplanting unless the oysters and clams are being transplanted from unapproved growing areas to approved growing areas or within or between approved growing areas and unless prior written approval from the department has been obtained. It shall also be unlawful to take oysters and clams for the purpose of transplanting by any means other than that provided by Code Section 27-4-192 of this title. For the purposes of this chapter, the term `approved growing area' means that area approved by the department for shellfish harvesting; and the term `unapproved growing area' means all other areas. In approving growing areas, the department shall

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consider guidelines established by the United States Food and Drug Administration as part of its shellfish sanitation program and current, sound wildlife management principles as provided in Code Section 27-4-130. (b) It shall be unlawful to build or operate a facility for controlled purification of shellfish without prior written permission from the department. In issuing such permission the department will consider guidelines established by the United States Food and Drug Administration and current, sound wildlife management principles as provided in Code Section 27-4-130. Section 3 . Said part is further amended by striking Code Section 27-4-194, relating to the minimum size of oysters which may be taken, in its entirety and substituting in lieu thereof a new Code Section 27-4-194 to read as follows: 27-4-194. (a) It shall be unlawful to take any oysters for noncommercial purposes when the shells of the oysters measure less than three inches from hinge to mouth, except that oysters less than three inches from hinge to mouth may be removed if attached to an oyster of that minimum size and the oyster so attached cannot be removed without destroying the three-inch oyster. It shall also be unlawful for any person engaged in shucking or canning oysters for market to shuck, can, purchase, or have in possession any quantity of oysters containing more than 5 percent of oysters of prohibited size as defined in this Code section. Smaller oysters may be taken incidentally with such minimum-size oysters when they are directly attached to the minimum-size oysters. (b) It shall be unlawful to take any clam for commercial or noncommercial purposes when the maximum depth of the shells of the clam measures less than one inch thickness from one shell half to the other. Section 4 . Said part is further amended by striking Code Section 27-4-195, relating to the times and places for the taking of oysters and clams, in its entirety and substituting in lieu thereof a new Code Section 27-4-195 to read as follows: 27-4-195. (a) Except for purposes of transplanting, it shall be unlawful for any person to take oysters from any of the salt waters of this state during the period from May 15 through August 15. It shall

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also be unlawful to take oysters for the purpose of transplanting from any of the salt waters of this state unless the waters have been opened for such taking by the commissioner. The commissioner is authorized to open and to close for the purpose of taking oysters for human consumption any or a portion of the salt waters of this state at any time from August 16 to May 14, provided that he has determined that the opening or closing is in accordance with current, sound wildlife management principles as provided in Code Section 27-4-130. (b) It shall be unlawful to take clams from any of the salt waters of this state except at such times and places as the commissioner may establish. The commissioner is authorized to open and close, for the purpose of taking clams, any or a portion of the salt waters of this state at any time from July 1 through March 31, provided that he has determined that the taking of clams is in accordance with current, sound wildlife management principles as provided in Code Section 27-4-130. (c) It shall be unlawful to give permission to take oysters, clams, or both from any area not opened pursuant to this Code section. (d) It shall be lawful for any person to take not in excess of two bushels of oysters or one bushel of clams per person per day for noncommercial purposes with a maximum of six bushels of oysters or two bushels of clams per boat per day, provided the person has on his person, while so taking, written permission from the landowner authorizing the taking. 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 14, 1984.

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GEORGIA DEVELOPMENT AUTHORITYMEMBERSHIP CHANGED, ETC. Code Section 50-10-3 Amended. No. 818 (Senate Bill No. 444). AN ACT To amend Code Section 50-10-3 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to change the membership of the authority; to assign the Georgia Development Authority to the Department of Community Affairs for administrative purposes only; to provide for 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 50-10-3 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 50-10-3 to 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 ten members: the Commissioner of Agriculture, ex officio; the state auditor, ex officio; the commissioner of industry and trade, ex officio; the commissioner of community affairs, 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,

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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 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

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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. (e) The authority is assigned to the Department of Community Affairs for administrative purposes only. Section 2 . This Act shall become effective upon its approval by 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, 1984. WATERS OF THE STATE, PORTS AND WATERCRAFTBOATING SAFETY ZONE AT RICHARD B. RUSSELL DAM ESTABLISHED. Code Section 52-7-13 Amended. No. 819 (Senate Bill No. 451). AN ACT To amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, so as to establish a boating safety zone at Richard B. Russell Dam; 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 . Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, is amended by striking paragraph (6) of subsection (a) and substituting in lieu thereof a new paragraph (6) of subsection (a) to read as follows: (6) The area downstream within 500 feet of the dam at Lake Oconee; the area upstream within 500 feet of the dam at Lake Jackson; the area downstream within 200 feet of the dam at Lake Sinclair; the area upstream within 500 feet of the dam at Stevens Creek; the area upstream within 50 feet of the Muckafoonee Creek Dam at Lake Worth; the area downstream within 200 feet of the power plant below the dam at Bartlett's Ferry; the areas upstream within 500 feet and downstream within 200 feet of the dam at Goat Rock Reservoir; the area upstream within 200 feet of the dam at Lake Juliette (Rum Creek Reservoir); and the areas upstream within 225 feet and downstream within 875 feet of the dam at Richard B. Russell Lake. Section 2 . This Act shall become effective upon its approval by 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, 1984. MOTOR VEHICLES AND TRAFFICPERSONALIZED LICENSE PLATES FOR FORMER PRISONERS OF WAR. Code Section 4-2-71.1 Amended. No. 820 (Senate Bill No. 457). AN ACT To amend Code Section 40-2-71.1 of the Official Code of Georgia

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Annotated, relating to special license plates for former prisoners of war, so as to provide that certain veterans who have been prisoners of war, upon the payment of the appropriate taxes and registration fees, shall be issued additional distinctive personalized license plates; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 40-2-71.1 of the Official Code of Georgia Annotated, relating to special license plates for former prisoners of war, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Owners of motor vehicles who are veterans of the armed forces of the United States, who have been prisoners of war, who were discharged under honorable conditions, and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued one distinctive personalized license plate free of charge and, upon the payment of the appropriate taxes and registration fees, shall be issued additional distinctive personalized license plates. Such license plates shall be fastened to the rear of the vehicles. Section 2 . This Act shall become effective upon its approval by 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, 1984.

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PROFESSIONS AND BUSINESSESCOMPOSITION OF GEORGIA BOARD OF REGISTERED PROFESSIONAL SANITARIANS CHANGED. Code Section 43-42-2 Amended. No. 821 (Senate Bill No. 465). AN ACT To amend Code Section 43-42-2 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Board of Registered Professional Sanitarians, so as to change the composition of the board; to delete certain quorum requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 43-42-2 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Board of Registered Professional Sanitarians, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 43-42-2 to read as follows: 43-42-2. (a) There is created the Georgia Board of Registered Professional Sanitarians, to be composed of seven members who are legal residents of this state and who are appointed by the Governor as provided in subsections (e) and (f) of this Code section. (b) No member of such board shall be appointed for more than two consecutive terms. (c) Vacancies on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment. (d) The Governor may remove any member from the board for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct. (e) Seven members of the board shall at all times consist of the following:

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(1) One registered professional sanitarian from the Georgia Department of Agriculture, district level, and the member serving as the registered professional sanitarian from the Georgia Department of Agriculture immediately prior to the effective date of this Code section shall be deemed to be the district level member from that department. Upon the expiration of that member's term, successors shall be appointed from the Georgia Department of Agriculture, district level; (2) One registered professional sanitarian from the Georgia Department of Agriculture, state level, who shall be appointed for an initial term beginning November 1, 1982, and ending December 31, 1984, and until the appointment and qualification of a successor. Thereafter, successors shall serve for terms of three years and until their successors are appointed and qualified; (3) One registered professional sanitarian from a Department of Human Resources local health department; (4) One registered professional sanitarian from the Department of Human Resources, state level; (5) One registered professional sanitarian from the University System of Georgia; and (6) One registered professional sanitarian who is not an employee of government. Those persons serving as such members immediately prior to July 1, 1980, shall serve out their terms of office. Thereafter, the term of each such member shall be for three years and until the appointment and qualification of a successor. (7) One member of the board shall be a consumer member who is not a registered professional sanitarian. The initial term of the consumer member shall begin July 1, 1980, and end June 30, 1982, upon the appointment and qualification of a successor. Thereafter, the term of the consumer member shall be for three years and until the appointment and qualification of a successor. (f) The board shall meet annually and shall elect from its members a president and a vice-president and such other officers as the board may deem necessary. All officers shall be elected annually

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by the board for terms of one year each or until their successors shall have been elected. The board may hold such other meetings during the year as may be necessary to transact its business. (g) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. PUBLIC OFFICERS AND EMPLOYEESEXPENSE ALLOWANCE OF MEMBERS OF STATE PERSONNEL BOARD. Code Chapters 45-7 and 45-20 Amended. No. 822 (Senate Bill No. 487). AN ACT To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that members of the State Personnel Board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day while attending meetings or performing official business for the board, plus reimbursement for certain other expenses in connection with such attendance or official business; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Section 45-7-21, relating to the expense allowance and travel cost reimbursement for members of certain boards and commissions, in its entirety and substituting in lieu thereof a new Code Section 45-7-21 to read as follows: 45-7-21. Each member of the boards and commissions listed below shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance. The above shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows: (1) State Board of Education; (2) State Medical Education Board; (3) Board of Regents of the University System of Georgia; (4) Board of Offender Rehabilitation; (5) Board of Industry and Trade; (6) Board of Natural Resources; (7) State Transportation Board; (8) Dental Education Board; (9) Georgia Student Finance Commission; and

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(10) Veterans Service Board. Section 2 . Said title is further amended by striking subsection (a) of Code Section 45-20-3, relating to duties and functions of the State Personnel Board generally, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) (1) The State Personnel Board shall prescribe the general policies by which the state merit system shall be administered. The board shall hold regular meetings at least once each month and may hold additional meetings as may be required for the proper discharge of its duties. (2) Members of the board shall receive no salary but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is attending meetings or performing official business for the board, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance or official business. (3) Three members shall constitute a quorum. Only the votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the State Personnel Board, provided there is a quorum. 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 14, 1984.

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CONSERVATION AND NATURAL RESOURCESMEMBERSHIP OF JEKYLL ISLANDSTATE PARK AUTHORITY CHANGED. Code Section 12-3-233 Amended. No. 823 (Senate Bill No. 524). AN ACT To amend Code Section 12-3-233 of the Official Code of Georgia Annotated, relating to the appointment and terms of the members of the Jekyll IslandState Park Authority, so as to change the membership of said authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 12-3-233 of the Official Code of Georgia Annotated, relating to the appointment and terms of the members of the Jekyll IslandState Park Authority, is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The authority shall be composed of the Secretary of State, the commissioner of natural resources, and five residents of this state, one of whom shall be from the coastal area of Georgia, to be appointed by the Governor. The five members appointed by the Governor shall be selected from the state at large but shall be representative of the geographical areas of the state. The members appointed by the Governor shall serve for a term of four years and until the appointment and qualification of their successors, except that the terms of the first four appointments made by the Governor shall be as follows: one member shall be appointed for a term of one year beginning July 1, 1978; one member shall be appointed for a term of two years beginning July 1, 1978; one member shall be appointed for a term of three years beginning July 1, 1978; and one member shall be appointed for a term of four years beginning July 1, 1978. The fifth member appointed by the Governor shall serve for a term of four years beginning July 1, 1984. An appointment by the Governor to fill a vacancy shall be made for the unexpired term.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. GEORGIA CRIMINAL JUSTICE IMPROVEMENT COUNCILCOMPOSITION CHANGED. Code Section 28-8-1 Amended. No. 824 (Senate Bill No. 527). AN ACT To amend Code Section 28-8-1 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Criminal Justice Improvement Council, so as to change the composition of said council; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 28-8-1 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Criminal Justice Improvement Council, 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 as a part of the legislative branch of government the Georgia Criminal Justice Improvement Council, to be composed of 14 members as follows: (1) The President of the Senate; (2) The Speaker of the House of Representatives;

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(3) The chairmen of the Judiciary, Judiciary and Constitutional Law, Public Safety, and Offender Rehabilitation committees of the Senate; (4) The chairmen of the Judiciary, Special Judiciary, Public Safety, and State Institutions and Property committees of the House of Representatives; (5) Two members of the Senate, to be appointed by the President of the Senate; and (6) Two members of the House of Representatives, to be appointed by the Speaker of the House of Representatives. The members shall serve for the terms for which they are elected as members of the General Assembly, and any vacancy occurring during such term shall be filled by appointment of the President, in case of Senators, and by appointment of the Speaker, in case of Representatives. Any member shall be eligible for reappointment in the event he continues to be a member of the General Assembly. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984.

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MOTOR VEHICLES AND TRAFFICSPECIAL LICENSE PLATES FOR AMATEUR RADIO OPERATORSADDITIONAL REQUIREMENTS. Code Section 40-2-73 Amended. No. 825 (Senate Bill No. 538). AN ACT To amend Code Section 40-2-73 of the Official Code of Georgia Annotated, relating to special license plates for amateur radio operators, so as to provide additional requirements relative to such special license plates; to authorize the commissioner to set the additional fee for such special license plates; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 40-2-73 of the Official Code of Georgia Annotated, relating to special license plates for amateur radio operators, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of such additional fee as may be prescribed by the commissioner, shall be issued a special design license plate for a private passenger vehicle which shall include the words `amateur radio' in the design and upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. The commissioner may consult with licensed amateur radio operators residing in the State of Georgia in the design of the special license plate authorized by this subsection.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. SUPERIOR COURTSCOBB JUDICIAL CIRCUITNUMBER OF JUDGESCOMPENSATION AND EXPENSE ALLOWANCES, ETC. Code Section 15-6-2 Amended. No. 827 (Senate Bill No. 544). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to six the number of judges for the Cobb Judicial Circuit; to provide for the selection and term of such judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for an additional court reporter for said circuit; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, is amended by striking paragraph (11) and inserting in its place a new paragraph to read as follows: (11) Cobb Circuit.....6.

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Section 2 . The number of superior court judges of the Cobb Judicial Circuit is increased from five to six. The initial judge for said sixth judgeship shall be appointed by the Governor for a term beginning July 1, 1984, and ending December 31, 1986, and until a successor is elected and qualified. Thereafter successors shall be elected at the general election held in 1986, and every four years thereafter; and their terms shall be for four years beginning on the first day of January next following their election. Section 3 . The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Cobb Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Cobb Judicial Circuit shall also be applicable to the additional judge provided for by this Act. Section 4 . The six judges of the superior courts of the Cobb Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect thereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The chief judge shall appoint the judge of the juvenile court as provided by law. The six judges of the superior courts of the Cobb Judicial Circuit shall have and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets or fixing the calendars and order of business in said courts. They may assign to one or more of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to one or more of the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing,

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arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control. Section 5 . The six judges of the Cobb Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Section 6 . Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 7 . This Act shall become effective July 1, 1984. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. SUPERIOR COURTSMINIMUM COMPENSATION OF CERTAIN CLERKS CHANGED. Code Section 15-6-89 Amended. No. 834 (House Bill No. 425). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the minimum compensation of clerks of the superior courts who also serve as clerks of certain other courts; 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 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended by striking Code Section 15-6-89, relating to additional remuneration for certain services by certain clerks of the superior courts, and inserting in lieu thereof a new Code Section 15-6-89 to read as follows: 15-6-89. In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, county court, city court, juvenile 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 $200.00 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 not be entitled to any salary heretofore received for service in 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 14, 1984.

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PROFESSIONS AND BUSINESSESGEORGIA AUCTIONEERS COMMISSIONTERMINATION DATE CHANGED. Code Section 43-6-26 Amended. No. 835 (House Bill No. 914). AN ACT To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change the termination date of the Georgia Auctioneers Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, is amended by striking Code Section 43-6-26, relating to termination of the Georgia Auctioneers Commission, in its entirety and inserting in lieu thereof a new Code Section 43-6-26 to read as follows: 43-6-26. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Auctioneers Commission shall be terminated on July 1, 1990, 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 2 . This Act shall become effective upon its approval by 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, 1984.

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SUPERIOR COURTSSOUTHWESTERN JUDICIAL CIRCUITWEBSTER COUNTY TERMS CHANGED. Code Section 15-6-3 Amended. No. 836 (House Bill No. 918). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of court for Webster County in the Southwestern Judicial Circuits; 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 superior courts, is amended by striking subparagraph (a) (36) (F) in its entirety and inserting in lieu thereof a new subparagraph to read as follows: (F) Webster County - Second Monday in January and July. Section 2 . This Act shall become effective January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984.

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SUPERIOR COURTSSOUTHWESTERN JUDICIAL CIRCUITSTEWART COUNTY TERMS CHANGED. Code Section 15-6-3 Amended. No. 837 (House Bill No. 919). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of court for Stewart County in the Southwestern 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 superior court, is amended by striking subparagraph (a) (36) (D) in its entirety and inserting in lieu thereof a new subparagraph to read as follows: (D) Stewart County - Third Monday in March and September. Section 2 . This Act shall become effective January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984.

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COMMERCE AND TRADEADMINISTRATOR OF FAIR BUSINESS PRACTICES ACT OF 1975ADDITIONAL POWERS. Code Section 10-1-404 Amended. No. 838 (House Bill No. 933). AN ACT To amend Code Section 10-1-404 of the Official Code of Georgia Annotated, relating to certain powers of the administrator of the Fair Business Practices Act of 1975, so as to provide that the administrator and his employees and law enforcement officials may provide certain information to each other 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 10-1-404 of the Official Code of Georgia Annotated, relating to certain powers of the administrator of the Fair Business Practices Act of 1975, is amended by striking in its entirety subsection (d) thereof which reads as follows: (d) Information obtained pursuant to powers enforced by this part shall not be made public or disclosed by the administrator or his employees beyond the extent necessary for the enforcement of this part., and inserting in lieu thereof a new subsection (d) to read as follows: (d) (1) Information obtained pursuant to investigative demands, subpoenas, oaths, affirmations, or hearings enforced by this part shall not be made public or, except as authorized in paragraph (2) of this subsection, disclosed by the administrator or his employees beyond the extent necessary for the enforcement of this part. (2) The administrator or his employees shall be authorized to provide to any federal, state, or local law enforcement agency

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any information acquired under this part which is subpoenaed by such agency. State or local law enforcement agencies shall be authorized to provide any information to the administrator when the administrator issues an investigative demand or subpoena for such information. Section 2 . This Act shall become effective upon its approval by 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, 1984. COURTSMINIMUM COMPENSATION OF PROBATE JUDGES SERVING AS CHIEF MAGISTRATE. Code Section 15-10-20 Amended. No. 839 (House Bill No. 981). AN ACT To amend Code Section 15-10-20 of the Official Code of Georgia Annotated, relating to the number and selection of magistrates, so as to provide a minimum compensation amount for a judge of probate court who serves as chief magistrate; 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 15-10-20 of the Official Code of Georgia Annotated, relating to the number and selection of magistrates, is amended by striking in its entirety subsection (g) and inserting in its place a new subsection (g) to read as follows:

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(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. In no case shall the probate judge be compensated for his services as chief magistrate in an amount less than $200.00 per month. Any compensation paid under this subsection shall be paid from county funds. Section 2 . This Act shall become effective on January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. BOARDS OF EDUCATIONCOMPENSATION IN CERTAIN COUNTIES (20,900 - 21,200)REPEALED. Ga. Laws 1982, p. 589 Repealed. No. 840 (House Bill No. 990). AN ACT To repeal an Act providing for the compensation of the chairman and members of the county board of education in all counties of this state having a population of not less than 20,900 nor more than 21,200 according to the United States decennial census of 1980 or any future such census, approved April 12, 1982 (Ga. L. 1982, p. 589); to provide for an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the compensation of the chairman and members of the county board of education in all counties of this state having a population of not less than 20,900 nor more than 21,200 according to the United States decennial census of 1980 or any future such census, approved April 12, 1982 (Ga. L. 1982, p. 589), is repealed in its entirety. Section 2 . This Act shall become effective June 1, 1984. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. PUBLIC OFFICERS AND EMPLOYEESCOMPENSATION OF SUPREME COURT JUSTICES AND COURT OF APPEALS JUDGES. Code Section 45-7-4 Amended. No. 841 (House Bill No. 1024). 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 officials, so as to change certain of such salaries; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . 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, is amended by striking paragraphs (18) and (19) of subsection (a) in their entirety and inserting in lieu thereof the following: (18) Each Justice of the Supreme Court 63,700.00 (19) Each Judge of the Court of Appeals 63,210.00 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. STATE BOARD OF REGISTRATION FOR FORESTERSTERMINATION DATE EXTENDED. Code Section 12-6-63 Amended. No. 842 (House Bill No. 1062). AN ACT To amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to extend the termination date 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 . Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, is amended by striking Code Section 12-6-63, relating to termination of the State Board of Registration for Foresters, in its

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entirety and inserting in lieu thereof a new Code Section 12-6-63 to read as follows: 12-6-63. For the purposes of Chapter 2 of Title 43, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration for Foresters shall be terminated on July 1, 1988, and this part and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 2 . This Act shall become effective upon its approval by 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, 1984. TIME OF SPECIAL ALTERNATIVE INCARCERATION AS A CONDITION OF PROBATION REDUCEDPROCEDURES. Code Section 42-8-35.1 Amended. No. 843 (House Bill No. 1087). AN ACT To amend Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to special alternative incarceration as a condition of probation, so as to reduce from 180 days to 90 days the time of initial incarceration for offenses committed on or after January 1, 1984; to eliminate the entitlement to earned time; to remove the requirement that the chief probation officer certify the probationer's physical and mental qualifications for such treatment; to provide for a maximum time within which a probationer will be delivered to a

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designated facility; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to special alternative incarceration as a condition of probation, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 42-8-35.1 to read as follows: 42-8-35.1. (a) In addition to any other terms or conditions of probation provided for under this chapter, the trial judge may provide that probationers sentenced for offenses committed on or after January 1, 1984, to a period of time of not less than one year nor more than five years on probation as a condition of probation must satisfactorily complete a program of incarceration in a `special alternative incarceration' unit of the department for a period of 90 days from the time of initial incarceration in the unit. (b) Before a court can place this condition upon the sentence, an initial investigation will be completed by the probation officer which will indicate that the probationer is qualified for such treatment in that the individual does not appear to be physically or mentally handicapped in a way that would prevent him from strenuous physical activity, that the individual has no obvious contagious diseases, that the individual is not less than 17 years of age nor more than 25 years of age at the time of sentencing, and that the department has granted provisional approval of the placement of the individual in the `special alternative incarceration' unit. (c) In every case where an individual is sentenced under the terms of this Code section, the clerk of the sentencing court shall, within five working days, mail to the department a certified copy of the sentence and indictment, a personal history statement, and an affidavit of the custodian provided by the sheriff of the county. (d) The department will arrange with the sheriff's office in the county of incarceration to have the individual delivered to a designated facility within a specific date not more than 15 days after receipt by the department of the documents provided by the clerk of the court under this Code section.

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(e) At any time during the individual's incarceration in the unit, but at least five days prior to his expected date of release, the department will certify to the trial court as to whether the individual has satisfactorily completed this condition of probation. (f) Upon the receipt of a satisfactory report of performance in the program from the department, the trial court shall release the individual from confinement in the `special alternative incarceration' unit. However, the receipt of an unsatisfactory report will be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation. Section 2 . This Act shall become effective upon its approval by 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, 1984. PROFESSIONS AND BUSINESSESSTATE BOARD OF ARCHITECTSCOMPOSITIONEXAMINATION OF APPLICANTS FOR LICENSE, ETC. Code Chapter 43-4 Amended. No. 844 (House Bill No. 1103). AN ACT To amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to provide for a new name for the board; to change certain provisions relating to qualifications of applicants for examination; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, is amended by striking paragraph (1) of Code Section 43-4-1, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) `Board' means the State Board of Architects. Section 2 . Said chapter is further amended by striking Code Section 43-4-2, relating to the creation of the board, in its entirety and substituting in lieu thereof a new Code Section 43-4-2 to read as follows: 43-4-2. There is created the State Board of Architects, which shall be composed of six appointive members. Five of the members shall be registered practicing architects in this state who shall be residents of this state and the sixth member shall be a resident of this state and shall have no connection whatsoever with the practice or profession of architecture. The citizen member who is not a practicing architect may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of architects in this state. The Governor shall appoint successors to the present members of the board, as their respective terms of office expire, for a term of office of five years each. The successor members so appointed shall possess the qualifications specified in this Code section and shall be confirmed by the Senate. In case a successor is not appointed at the expiration of the term of any member, such member shall hold office until his successor has been duly appointed and qualified. Any vacancy occurring in the membership of the board shall be filled by the Governor for the unexpired term, and such member shall be confirmed by the Senate. Section 3 . Said chapter is further amended by striking subsection (b) of Code Section 43-4-11, relating to qualifications of applicants for examination, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The examinations shall be the written examinations prepared in accordance with the outline prescribed by the National Council of Architectural Registration Boards. The candidate for examination shall submit to the board satisfactory evidence of the following qualifications:

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(1) A professional degree in architecture from a school or college approved by the National Architectural Accrediting Board and at least three years of practical experience as the board, by rules and regulations uniformly applied, shall deem appropriate. An advanced degree in architecture from a school or college approved by the National Architectural Accrediting Board may be accepted in lieu of a maximum of one year of the required practical experience; or (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. An individual who intends to qualify as a candidate for examination under the provisions of this paragraph shall notify the board of such intent in writing prior to July 1, 1985. After July 1, 1985, all candidates for examination shall meet the requirements of paragraph (1) of this subsection; provided, however, that those candidates and only those candidates who have met the requirements of this paragraph shall be admitted as a candidate for examination. Section 4 . Said chapter is further amended by striking Code Section 43-4-18, relating to termination of the State Board for Examination, Qualification, and Registration of Architects, in its entirety and substituting in lieu thereof a new Code Section 43-4-18 to read as follows: 43-4-18. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Architects shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984.

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SUPERIOR COURTSADDITIONAL JUDGE ATLANTA JUDICIAL CIRCUIT. Code Section 15-6-2 Amended. No. 845 (House Bill No. 1131). AN ACT To provide for an additional judge of the superior court of the Atlanta Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of his successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Atlanta 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 . A new judge of the superior court is added to the Atlanta Judicial Circuit, thereby increasing to 12 the number of judges of said circuit. Section 2 . The initial judge appointed by this Act shall be appointed by the Governor for a term beginning July 1, 1985, and expiring December 31, 1986. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1986, for a term of four years beginning on January 1, 1987, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state. Section 3 . Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the

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present judges of the superior courts of this state. Any of the 12 judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof. Section 4 . The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Atlanta Judicial Circuit. Any salary supplements heretofore enacted by the county of said circuit shall also be applicable to the additional judge provided for in this Act. Section 5 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, is amended by striking paragraph (3) of said Code section in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Atlanta Circuit..... 12 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 14, 1984. STATE BOARD OF RECREATION EXAMINERSTERMINATION DATE CHANGED. Code Section 43-41-20 Amended. No. 846 (House Bill No. 1153). AN ACT To amend Chapter 41 of Title 43 of the Official Code of Georgia

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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: 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, 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, 1984.

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CONSERVATION AND NATURAL RESOURCESGEORGIA SAFE DAMS ACT OF 1978 AMENDED. Code Title 12, Chapter 5 Amended. No. 847 (House Bill No. 1174). AN ACT To amend Part 3 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Safe Dams Act of 1978, relating to the operation and construction of dams, so as to provide that an artificial barrier impounding or diverting water that is less than 25 feet in height shall not be a dam for the purposes of said part unless it has an impounding capacity at its maximum storage elevation of 100 acre-feet or more; to provide that the exemption for dams designed or approved and supervised by certain federal agencies shall end on November 1, 1985, for dams over which the supervising federal agency has relinquished authority for operation and maintenance; to provide that an artificial barrier not in excess of six feet in height shall not be a dam for the purposes of said part; to substitute the director of the Environmental Protection Division of the Department of Natural Resources for the State Soil and Water Conservation Committee as the entity responsible for inventorying and classifying dams; to provide guidance in determining probable loss of human life; to provide design and maintenance standards for vegetation and its removal from dams; to establish minimum spillway design requirements; to specify that no action may be brought against the director of the Environmental Protection Division of the Department of Natural Resources for any action taken or not taken pursuant to Code Section 12-5-375 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 3 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Safe Dams Act of 1978, relating to the operation and construction of dams, is amended by striking paragraph (4) of Code Section 12-5-372, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows:

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(4) (A) Except as otherwise provided in subparagraph (B) of this paragraph, `dam' means any artificial barrier, including appurtenant works, which impounds or diverts water and which: (i) Is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if the barrier is not across a stream channel or watercourse, to the maximum water storage elevation; or (ii) Has an impounding capacity at maximum water storage elevation of 100 acre-feet or more. (B) The word `dam' shall not include: (i) Any dam owned and operated by any department or agency of the United States government; (ii) Any dam constructed or financially assisted by 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; provided, however, that this exemption shall cease on November 1, 1985, for all such dams over which the supervising federal agency has relinquished authority for the operation and maintenance of such a dam to a person unless the supervising federal agency certifies by said date and at least biannually thereafter to the director that such dams are in compliance with requirements of this part, including minimum spillway design, and with the maintenance standards of the supervising federal agency; (iii) Any dam licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission; (iv) Any dam classified by the director 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; or

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(v) Any artificial barrier which is not in excess of 6 feet in height regardless of storage capacity, or which has a storage capacity at maximum water storage elevation not in excess of 15 acre-feet regardless of height. Section 2 . Said part is further amended by striking Code Section 12-5-373, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, in its entirety and substituting in lieu thereof a new Code Section 12-5-373 to read as follows: 12-5-373. In addition to any other powers and duties provided for in this part, the director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this part and all rules and regulations and orders promulgated hereunder; (2) To require progress reports from the supervising engineer of a dam construction project, as deemed necessary; (3) To supervise investigations necessary to carry out the duties prescribed in this part; (4) To advise, consult, cooperate, contract, and enter into cooperative agreements with private persons, local units of government, and other governmental agencies or committees, including, but not limited to, the Department of Transportation, the State Soil and Water Conservation Committee, and the United States Army Corps of Engineers for the purposes of carrying out this part; (5) To take such other actions as may be necessary to carry out this part. Section 3 . Said part is further amended by striking Code Section 12-5-374, relating to the performance of the duties of the Board of Natural Resources, in its entirety and substituting in lieu thereof a new Code Section 12-5-374 to read as follows: 12-5-374. In the performance of its duties, the board shall:

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(1) Establish by rule or regulation such policies, requirements, or standards governing the construction, operation, and maintenance of dams or artificial barriers permitted or required to be permitted under this part, including, but not limited to, the following: (A) Requiring that the engineer who provides engineering design services for a dam constructed after July 1, 1978, certify to the director that he is registered by the State of Georgia and that he has the necessary training and experience to design such dam, and requiring that the engineer attach such certification to the application for permit; (B) Requiring that, if the engineer determines that a geological investigation of the dam site is advisable, such investigation shall be conducted by a professional geologist registered to practice in the State of Georgia; (C) Requiring that the engineer who undertakes the design of a dam constructed after July 1, 1978, submit to the director all documentation of the analysis and calculations for such design and the as-built drawings for such dam; (D) Requiring that an approved plan for inspection and maintenance be put into effect by the owner or operator for any permitted dam; (E) Requiring that the owner of a dam immediately notify the division of the occurrence of symptoms of failure, including, but not limited to, erosion, surface cracks, seepage, settlement, or movement; (F) Requiring that prior to construction of a dam the owner shall provide the board of commissioners or other governing authority of the county in which the dam is to be constructed with the name and address of the person owning such dam and the person having direct responsibility for the operation of such dam. In addition, the owner shall have recorded on the official land plat for the county the location of such dam; (2) Establish by rule or regulation such criteria to be included in dam construction and operation application forms;

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(3) Establish by rule or regulation such standards necessary to govern the inspection of permitted dams; and (4) Adopt, modify, repeal, and promulgate such other rules and regulations relating to dam safety as are necessary and proper to carry out the purposes of this part, including Code Section 12-5-375. Section 4 . Said part is further amended by striking Code Section 12-5-375, relating to the inventory and classification of dams, in its entirety and substituting in lieu thereof a new Code Section 12-5-375 to read as follows: 12-5-375. (a) It shall be the duty of the director to inventory the dams in this state and to classify each dam into one of the following categories: (1) Category I - Dams where improper operation or dam failure would result in probable loss of human life. Situations constituting `probable loss of human life' are those situations involving frequently occupied structures or facilities, including, but not limited to, residences, commercial and manufacturing facilities, schools, and churches. (2) Category II - Dams where improper operation or dam failure would not be expected to result in probable loss of human life. (b) The first inventory shall be completed by July 1, 1983. The director shall reinventory the dams in this state at least once every five years after the completion of the first inventory. The director is authorized to contract with other state or federal agencies or private entities to accomplish the purposes of this Code section. (c) The director is authorized to use information furnished to the director by the United States Army Corps of Engineers to accomplish the purposes of this Code section, including, but not limited to, the classification of dams as set forth in subsection (a) of this Code section. (d) The director shall have the right to direct and conduct investigations as the director may reasonably deem necessary to carry out the director's duties as prescribed in this Code section. For this

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purpose, the employees of the division or any authorized representatives shall have the right to enter at reasonable times on any property, public or private, for the purpose of inventorying, classifying, and investigating any dam and to require written reports from the owner or operator of any dam for the purpose of accomplishing its duties under this Code section. It is specifically provided, however, that if the owner of the dam is a resident of the county wherein the dam is located, the director shall notify the owner before the division employees or representatives shall enter the property of the dam for the purposes of this Code section. (e) Upon request of the governing authority of a local unit of government, the director is authorized in the director's discretion to provide technical assistance to such local unit of government relative to those dams within its jurisdiction for which a permit is not required by this part. Such assistance may include, but shall not necessarily be limited to, the inventorying of dams of any size or holding capacity for which a permit is not required by this part, visual inspections, written reports on any structural inadequacies discovered during such inspections, written descriptions of the potential dam failure flood plain, technical advice on procedures to correct such structural inadequacies, and assistance in the development of model dam safety ordinances. (f) Any person who desires to construct an artificial barrier for the purpose of impounding or diverting water may request of the director, and the director is authorized to furnish such person with, a determination as to whether such artificial barrier, if constructed, would be a category I or category II dam for the purposes of this part. Section 5 . Said part is further amended by striking subsections (a), (b), and (c) of Code Section 12-5-376, relating to permits to construct and operate dams, and substituting in lieu thereof new subsections (a), (b), and (c) to read as follows: (a) Any person who desires to construct a dam but has not commenced such construction as of July 1, 1978, shall obtain a permit from the director to construct a dam prior to commencement of construction. Any person who is operating a dam or who is in the physical process of constructing a dam as of July 1, 1978, shall obtain a permit from the director for such operation or construction, provided that the person may continue to operate or construct such dam pending final action by the director on the application for a permit;

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provided, further, that such application has been filed with the director within 180 days after the director serves upon the person a written notice that such dam has been classified as a category I dam in accordance with Code Section 12-5-375. Service of notice upon the person shall be made by delivering the notice to the person or by mailing it to the person by certified mail at the person's home or business address. Service by mail is complete upon mailing unless the notice is returned to the director by the U. S. Postal Service for any reason other than a refusal by the person to accept the mailing. Permits issued for the construction of dams pursuant to this part shall also authorize the operation of such dams in accordance with the conditions contained in such permits. (b) If the director reclassifies a dam formerly classified as a category II dam as a category I dam because of modification in the dam or because of changing circumstances, the director shall serve upon the owner or operator of the dam a written notice of the director's determination regarding the dam. Within 180 days after such service of notice, the owner or operator shall apply to the director for a permit to operate the dam. Notice shall be served in accordance with subsection (a) of this Code section. Such owner or operator may continue to operate the dam pending final action by the director on the application for a permit. A permit to operate such dam shall be issued in accordance with the requirements of subsection (g) of this Code section, notwithstanding the date specified in said subsection (g). (c) Notwithstanding subsection (a) of this Code section, no permit shall be required to be obtained by any person who constructs a dam, if the dam is constructed in connection with or incidental to `surface mining' as defined in Part 3 of Article 2 of Chapter 4 of this title, but if the dam so constructed is classified by the director as a category I dam, the owner or operator shall, upon the completion of the mining activity in connection with which such dam was constructed, either drain and reclaim the impoundment formed by such dam pursuant to such person's mined land use plan approved by the director under Part 3 of Article 2 of Chapter 4 of this title, the `Georgia Surface Mining Act of 1968,' or stabilize such impoundment as a lake pursuant to such mined land use plan. If the impoundment is reclaimed as a lake and the dam which created the impoundment remains in place as a category I dam, then, before such lake is deemed acceptable reclamation and the miner is released from his obligations under Part 3 of Article 2 of Chapter 4 of this title the miner must obtain a permit for such dam as provided by this part.

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Section 6 . Said part is further amended by inserting at the end of Code Section 12-5-376 a new subsection (k) to read as follows: (k) Earthen embankments serving as dams shall be protected from surface erosion by appropriate vegetation or some other type protective surface such as riprap or paving and shall be maintained in a safe condition. Examples of appropriate vegetation include, but are not limited to, Bermuda grass, Tall Fescue, and Lespedeza sericea. Inappropriate vegetation such as trees shall be removed from dams only after consultation with the division on the proper procedures for removal. Hedges and small shrubs may be allowed if they do not obscure inspection or interfere with the operation and maintenance of the dam. Section 7 . Said part is further amended by striking subsection (c) of Code Section 12-5-376.1, relating to subclassification of dams and minimum spillway requirements, and substituting in lieu thereof a new subsection (c) to read as follows: (c) Permits issued pursuant to this part shall require minimum spillway design as follows: (1) Small dams 25 percent PMP (2) Medium dams 33.3 percent PMP (3) Large dams 50 percent PMP (4) Very large dams 100 percent PMP Based on visual inspection and detailed hydrologic and hydraulic evaluation, including documentation of competent original design and construction procedures, up to a 10 percent lower requirement (22.5, 30, 45, 90) can be accepted, at the discretion of the director, provided the project is in an acceptable state of maintenance. The design storm may also be reduced if the applicant's engineer can successfully demonstrate to the director by engineering analysis that the dam is sufficient to protect against probable loss of human life downstream at a lesser design storm. Section 8 . Said part is further amended by striking Code Section 12-5-380, relating to administrative and judicial review, in its entirety and substituting in lieu thereof a new Code Section 12-5-380 to read as follows:

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12-5-380. Any person who is aggrieved or adversely affected by an order or action of the director shall be entitled to administrative and judicial review in accordance with subsection (c) of Code Section 12-2-2. Section 9 . Said part is further amended by striking Code Section 12-5-382, relating to the powers of the commissioner of transportation, in its entirety and substituting in lieu thereof a new Code Section 12-5-382 to read as follows: 12-5-382. The commissioner of transportation is authorized to enter into contracts on behalf of the Department of Transportation with the division for the purpose of carrying out this part. Section 10 . Said part is further amended by striking Code Section 12-5-383, relating to liability for damages, in its entirety and substituting in lieu thereof a new Code Section 12-5-383 to read as follows: 12-5-383. (a) Nothing in this part shall be construed to constitute a waiver of the sovereign immunity of the state, the board, or the division. No action shall be brought against the state, the board, the division, or any member, officer, or employee of the state, the board, or the division for damages sustained through the partial or total failure of any dam or other artificial barrier dealt with in this part or its maintenance by reason of any supervision or other action taken or not taken pursuant to or under this part, including specifically, but not limited to, any action taken or not taken by the board or its members, the director, the division, its officers or employees, or its representatives pursuant to Code Section 12-5-375. Nothing in this part and no order, action, or advice of the director or the division or any representative thereof shall be construed to relieve a dam owner or operator of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam. (b) Nothing in this part shall be construed to constitute a waiver of the sovereign immunity of the committee. No action shall be brought against the state, the committee, or any employee of the state or the committee for damages sustained through the partial or total failure of any dam or other artificial barrier dealt with in this part or its maintenance by reason of any supervision or other action taken or not taken pursuant to former Code Section 12-5-375.

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Section 11 . This Act shall become effective on July 1, 1984. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. COMMERCE AND TRADEREGULATION OF HEALTH SPASUNLAWFUL ACTIONS OF OPERATORSPENALTIES. Code Section 10-1-393 Amended. No. 848 (House Bill No. 1208). AN ACT To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions which are unlawful, so as to require each health spa to maintain a certain bond; to provide for liability of the surety; to provide that certain actions by health spa operators shall be unlawful; to provide penalties; to provide for cancellation of contracts under certain conditions; to provide for refunds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions which are unlawful, is amended by striking in its entirety paragraph (12) of subsection (b) and inserting in lieu thereof a new paragraph (12) to read as follows: (12) Failing to comply with the following provisions concerning health spas:

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(A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the seller; provided, however, that no contract shall be valid which charges or obligates the customer for a period in excess of 36 months. Contracts shall be renewable at the end of each 36 month period of time, at the option of both parties to the contract; (B) The contract or an attachment thereto shall state clearly any rules and regulations of the seller which are applicable to the consumer's use of the facilities or receipt of its services; (C) The contract shall state clearly on its face the cancellation and refund policies of the seller; (D) The health spa member has the right to cancel the contract within three business days after the date of the signing of the contract by notifying the seller in writing of such intent and by either mailing the notice by certified or registered mail to the seller or hand delivering the notice to the seller with return receipt before 12:00 Midnight of the third business day after the date of the contract. The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer. If the health spa member so cancels, any payments made under the contract will be refunded and any evidence of indebtedness executed by the health spa member will be canceled by the seller, provided that the member shall be liable for the fair market value of services actually received, which in no event shall exceed $25.00. The preparation of any documents shall not be construed to be services; (E) If a health spa member executes a contract and pays moneys before a spa facility is fully operational and available for use and if such spa facility is not fully operational and available for use within 60 days from the date of the contract, then such member shall have until three business days after the spa facility is fully operational and available for use to cancel the contract and receive a refund of any payments made the seller, provided that the buyer shall be liable for the fair market value of the services actually received, which in no event shall exceed $25.00. The

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preparation of documents shall not be construed to be services. Such notice must be in writing and either mailed by certified or registered mail to the seller or hand delivered to the seller with a return receipt within said period of time. The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer; (F) Every contract for health spa services shall contain a clause providing that, if the member becomes totally and permanently disabled during the membership term, he may cancel his contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use. The health spa shall have the right to require and verify reasonable evidence of total and permanent disability. `Total and permanent disability' means such disability as would prevent the member from using any of the health spa facilities; (G) The health spa contract should state that, if a consumer has a history of heart disease, he should consult a physician before joining a spa; (H) Every health spa: (i) Shall maintain a bond issued by a surety company admitted to do business in the state. The principal sum of the bond shall be according to the following schedule: One to three locations - $50,000.00; four to six locations - $100,000.00; seven to nine locations - $150,000.00; ten to 12 locations - $200,000.00; and 13 or more locations - $250,000.00. For purposes of this division, the term `location' shall include health spa facilities controlled by, under common control with, or which control other health spa corporations. The bond shall be obtained before any contracts for health spa services are sold. The bond shall be in favor of the state for the benefit of any person injured as a result of a violation of this part. The aggregate liability of the surety to all persons for all breaches of the conditions of the bonds provided in this division shall in no event exceed the amount of the bond. After July 1, 1984, proof of such bond shall be furnished to the administrator prior to selling any contracts for health spa services. Thereafter, no contract for

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health spa services shall be sold unless proof of a current bond is on file with the administrator or the health spa is currently meeting the requirements of division (ii) or of division (iii) of this subparagraph. All bonds, letters of credit as described in division (ii) of this subparagraph, or exemptions as described in division (iii) of this subparagraph shall be effective for a period ending on June 30 of each year. Any health spa which wishes to request an exemption from the requirements of this division or division (ii) of this subparagraph must submit a written request at least 90 days prior to July 1 of the year in which it desires the exemption; (ii) In lieu of furnishing the administrator with proof of the bond required in division (i) of this subparagraph, may furnish the administrator with a certified copy of an irrevocable letter of credit from a banking institution licensed to do business in this state in an amount equal to the amount of the appropriate bond set forth in division (i) of this subparagraph. Such letter of credit shall be in favor of the state for the benefit of any person injured as a result of a violation of this part; or (iii) In lieu of furnishing the administrator with proof of the bond in division (i) of this subparagraph or with the irrevocable letter of credit in division (ii) of this subparagraph, may furnish to the administrator a request that it be exempt from the provisions of division (i) or (ii) of this subparagraph, including documentation to establish such sufficient financial responsibility as would enable the health spa to satisfy possible claims in an amount equal to the amount that otherwise would have been required in the bond. In the event the health spa is controlled by, under common control with, or controls other corporations, and the health spa or such other corporations agree in writing to satisfy the claims in an amount equal to the amount that otherwise would have been required in the bond, then the financial responsibility of the health spa and of such other corporations may be considered by the administrator in determining whether to grant the request of the health spa. It shall be within the discretion of the administrator to determine what criteria, if any, meet the requirements of this subparagraph. It shall not be an abuse of discretion for the administrator to determine that a health spa or spas cannot adequately assure

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protection for consumers equal to that contained in the bond or in the irrevocable letter of credit; (I) In addition to any other penalties provided for in this part, any health spa operator violating the provisions of subparagraph (H) of this paragraph shall be guilty of a misdemeanor; (J) Every contract for health spa services shall contain a clause providing that, if the member dies during the membership term or any renewal term, his estate may cancel his contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount computed by dividing the contract price for the appropriate term by the number of weeks of the term and multiplying the result by the number of weeks expired in the term. The contract may require the member's estate seeking relief under this subparagraph to provide reasonable proof of death; and (K) All moneys due the consumer under contracts canceled for the reasons contained in this paragraph shall be refunded within 30 days of receipt of such notice of cancellation; . Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. PUBLIC OFFICERS AND EMPLOYEESCERTAIN OFFICIALS REMOVED FROM THE CLASSIFIED SERVICE. Code Section 45-20-2 Amended. No. 849 (House Bill No. 1249). AN ACT To amend Code Section 45-20-2 of the Official Code of Georgia

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Annotated, relating to definitions pertaining to the State Merit System of Personnel Administration, so as to remove the director of the Personnel Division of the Department of Administrative Services from the classified service; to remove the official of the Department of Human Resources in charge of vocational rehabilitation from the classified service; to remove the director of the Environmental Protection Division of the Department of Natural Resources from the classified service; to exclude certain other positions in the Department of Natural Resources from the classified service; to provide for applicability of certain laws with respect to unclassified employees of the Department of Natural Resources who are paid on an hourly basis; 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) of Code Section 45-20-2 and inserting in lieu thereof a new paragraph (2) 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; but those officers and employees excluded by this article shall not be included. Section 2 . Said Code section is further amended by striking subparagraphs (X) and (Y) of paragraph (15) and inserting in lieu thereof new subparagraphs (X), (Y), and (Z) to read as follows: (X) Additional positions of unique functions as may be authorized by the commissioner; (Y) Positions in the class Major assigned to the Uniform Division of the Department of Public Safety; and

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(Z) The officers, officials, employees, and positions of the Department of Natural Resources, except those officers, officials, employees, and positions which are as of the effective date of this subparagraph in fact in the classified service or which the commissioner designates as being in the classified service of the merit system unless placed in the unclassified service under another provision of this chapter. Unclassified employees of the Department of Natural Resources who are paid on an hourly basis shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of Title 45. 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 14, 1984. SUPERIOR COURTSCLAYTON JUDICIAL CIRCUITNUMBER OF JUDGES INCREASED TO FOUR. Code Section 15-6-2 Amended. No. 850 (House Bill No. 1312). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to four the number of judges for the Clayton Judicial Circuit; to provide for the appointment and term of

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the initial judge; to provide for the election and term of successors to the initial judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for an additional court reporter for said circuit; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, is amended by striking paragraph (10) and inserting in its place a new paragraph to read as follows: (10) Clayton Circuit.....4 Section 2 . The number of superior court judges of the Clayton Judicial Circuit is increased from three to four. The initial judge to fill the fourth judgeship shall be appointed by the Governor for a term beginning July 1, 1985, and ending December 31, 1986, and until a successor is elected and qualified. Thereafter said fourth judge shall be elected in 1986 and quadrennially thereafter for a term of four years as provided by law. Section 3 . The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Clayton Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Clayton Judicial Circuit shall also be applicable to the additional judge provided for by this Act. Section 4 . The four judges of the superior courts of the Clayton Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect thereof, the decision of the senior judge in point of service, who shall be known

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as the chief judge, shall be controlling. The chief judge shall appoint the judge of the juvenile court as provided by law. The four judges of the superior courts of the Clayton Judicial Circuit shall have and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets or fixing the calendars and order of business in said courts. They may assign to one or more of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to one or more of the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control. Section 5 . The four judges of the Clayton Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Section 6 . Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 7 . This Act shall become effective July 1, 1985, except that this Act shall, for purposes of the appointment by the Governor of the initial judge to fill the judgeship created by this Act, 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 14, 1984.

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SUPERIOR COURTSHOUSTON JUDICIAL CIRCUITNUMBER OF JUDGES INCREASED TO TWO. Code Section 15-6-2 Amended. No. 851 (House Bill No. 1390). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to increase to two the number of judges for the Houston Judicial Circuit; to amend an Act creating the Houston Judicial Circuit, approved April 16, 1969 (Ga. L. 1969, p. 427), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 967), so as to provide for the initial appointment and subsequent election of the second judge of Superior Court of the Houston Judicial Circuit; to provide for the powers, duties, and compensation of said judge; to provide for a chief judge; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (21) of subsection (a) and inserting in its place a new paragraph to read as follows: (21) Houston Circuit.....2. Section 2 . An Act creating the Houston Judicial Circuit, approved April 16, 1969 (Ga. L. 1969, p. 427), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 967), is amended by adding new Section 1.1 through 1.4 to read as follows: Section 1.1. A new judge of the superior courts is added to the Houston Judicial Circuit, thereby increasing to two the number of judges of said circuit. Section 1.2. The initial judge to fill the second judgeship shall be appointed by the Governor for a term beginning July 1, 1985 and

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ending December 31, 1986, and until a successor is elected and qualified. Thereafter said second judge shall be elected in 1986 and quadrennially thereafter for a term of four years as provided by law. Section 1.3. Said additional judge shall have and may exercise all the powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Either judge of the circuit may preside over any case therein and perform any official act as judge thereof. The judges of the circuit in transacting the business of the court shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect thereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. Section 1.4. The compensation, salary, expenses, and local salary supplement of the additional judge shall be the same as that of the other judge of the circuit. Section 3 . This Act shall become effective July 1, 1985, except that this Act shall, for purposes of the appointment by the Governor of the initial judge to fill the judgeship created by this Act, 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. Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia a bill to create a second superior court judgeship for the Houston Judicial Circuit; to provide for the powers, duties, and compensation, including local salary supplement, of said judge; to provide for a chief judge; and for other purposes. This 17th day of January, 1984.

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Larry Walker Representative, 115th District Ted Waddle Representative, 113th District Roy H. Watson Representative, 114th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker, who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following date: January 26, 1984. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 30th day of January, 1984. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 14, 1984.

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STATE BOTANICAL GARDEN OF GEORGIA DESIGNATED. No. 38 (Senate Resolution No. 277). A RESOLUTION Designating the Botanical Garden at the University of Georgia as the State Botanical Garden of Georgia; and for other purposes. WHEREAS, in 1968, President Davison appointed the Botanical Garden Committee which was charged with developing a unique and beneficial botanical garden which would serve the citizens of the state. A 293 acre site was designated in the same year; the garden was included in the University of Georgia Master Plan in 1969, and a budget for the garden was established in 1970; and WHEREAS, the Botanical Garden is truly one of the most beautiful and educational gardens of the state where visitors can view thousands of native and cultivated plants; and WHEREAS, the garden is one of the state's most valued resources and is visited each year by over 40,000 persons who walk its paths and behold nature's splendor; and WHEREAS, in today's world it is essential to man's well-being that tranquil sites be maintained where people can see and explore nature's bountiful wonders. The Botanical Garden is one such place; and WHEREAS, it is only fitting and proper that we recognize the achievement and beauty represented by the garden; and it is only appropriate, therefore, that the significance of this institution to the State of Georgia and to all Georgians be recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Botanical Garden of the University of Georgia is designated the State Botanical Garden of Georgia.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the director of the garden. Approved March 14, 1984. CONVEYANCE OF LAND TO THE MERIWETHER COUNTY BOARD OF COMMISSIONERS. No. 39 (Senate Resolution No. 301). A RESOLUTION Authorizing the conveyance of certain real property located in Meriwether County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Meriwether County, Georgia, which formerly was under the control and jurisdiction of the State Board of Corrections and the State Department of Offender Rehabilitation; and WHEREAS, Meriwether County conveyed said real property to the State of Georgia for $1.00 in 1955; and WHEREAS, the property was declared surplus by the Department of Offender Rehabilitation, and jurisdiction and control thereof was transferred to the State Properties Commission; and WHEREAS, said real property is all that tract or parcel of land lying and being in the County of Meriwether, State of Georgia, and being more particularly described as follows: All that tract or parcel of land situate, lying and being in the Southwest corner of Land Lot Number 126 in the Second Land District of Meriwether County, Georgia, containing 13.2 acres of land and more particularly described as follows:

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BEGINNING at a point on the original West line of Land Lot Number 126, said point being on the North right of way of Paved Highway Number 41 and being 620 feet due North from the original Southwest corner of Land Lot Number 126, and running thence along the North Right of Way of said Paved Highway Number 41 South 29 degrees 45 minutes East a distance of 389 feet to the North Right of Way of a country road; thence running along the North Right of Way of said country road North 60 degrees 15 minutes East a distance of 940 feet; thence North 29 degrees 45 minutes West a distance of 630 feet; thence South 60 degrees 15 minutes West a distance of 800 feet to the original West line of Land Lot Number 126, thence due South along said original West line of Land Lot Number 126 a distance of 300 feet to the point of beginning and bounded as follows: On the North by lands of Meriwether County, known as the Airport lands; on the East by lands of Meriwether County, known as the Airport lands; and a country road running East and West; on the South by the aforementioned country road running East and West and Paved Highway Number 41; and on the West by Paved Highway Number 41 and lands of Jackson Box and Lumber Company. Also included are all permanent improvements, tenements, and appurtenances, thereunto belonging or in any wise appertaining to the above-described property, including the right of ingress and egress thereto and therefrom at all times.; and WHEREAS, the above-described property is no longer needed by the State of Georgia and is therefore surplus; and WHEREAS, the Board of Commissioners of Meriwether County is desirous of obtaining the above-described property. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of approximately 13.2 acres of land in Meriwether County, Georgia, as referenced hereinabove (hereinafter referred to as the 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.

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Section 2 . That the State of Georgia, acting by and through the State Properties Commission, convey to the Meriwether County Board of Commissioners the property subject to the following: (1) That a plat of survey of the property be prepared by the Meriwether County Board of Commissioners and submitted to and approved by the State Properties Commission; (2) That the consideration for the conveyance of the property shall be $1.00; and (3) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state. Section 3 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 4 . That it is the intent of the General Assembly of Georgia that this transfer further enhance the general health and welfare of all citizens within Meriwether County and it is recognized that a certain facility known as the Meriwether County Training Center provides needed services to the developmentally disabled. Since this training center is largely dependent upon funding through the Georgia Department of Human Resources, it is urged that the Georgia Department of Human Resources continue, subject to the availability of funds and subject to a continued need for the facility, a contractual relationship with the county board of health or other appropriate entity in order that there can continue to be a proper training center providing competent and professional services for the developmentally disabled or such others who may be receiving care and training at the existing Meriwether County Training Center in Warm Springs, Georgia. In order to provide services which now exist at this training center, such contractual relationship should also include, if necessary, provisions for reimbursement of customary operating expenses and reasonable overhead so that the physical environment is safe and properly maintained. Section 5 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval.

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Section 6 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 14, 1984. LEASE OF CERTAIN REAL PROPERTY IN THE CITY OF PELHAM. No. 40 (Senate Resolution No. 313). A RESOLUTION Authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the building and shed located at the State Farmers Market at Pelham, Mitchell County, Georgia, known as the most northern shed in said market site is currently leased to the Pelham Development Corporation under a lease agreement entered into on the first day of May, 1978; and WHEREAS, said lease expired on February 28, 1983; and WHEREAS, said tract of land is more particularly described as follows: All that tract and parcel of land lying and being in land lots Nos. 267 and 268, 10th Land District, Mitchell County, Georgia, and more particularly described as follows: Beginning at a point on the Easterly side of the right-of-way of Georgia State Highway No. 3 which said point is located 122 feet North 1 30 East of the point where the Easterly side of the right-of-way of Georgia State Highway No. 3 intersects the original land lot line dividing Land Lots 267 and 268; thence from said beginning point

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proceeding North 88 30 East a distance of 733.5 feet to a point; thence proceeding South 10 30 West a distance of 205 feet to a point; thence proceeding South 88 30 West a distance of 733.5 feet to a point on the Easterly side of the right-of-way of Georgia State Highway No. 3; thence proceeding North 1 30 East along the Easterly side of the right-of-way on Georgia State Highway No. 3, East a distance of 205 feet to point of beginning. Said property is shown and delineated on a plat prepared by N. R. Singletary, Commissioned Land Surveyor, Thomas County, Georgia, a copy of which was heretofore attached as `Exhibit A' to that certain Resolution previously authorizing the lease of the said property to the Pelham Development Corporation (Ga. L. 1972, p. 892) and reference to that plat is made for a more particular description.; and WHEREAS, the Pelham Development Corporation can use such property to the great benefit of the public. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the referenced hereinabove described property and that in all matters relating to the leasing of said 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, is authorized to lease the hereinabove described tract of land to the Pelham Development Corporation for a period of one year to commence upon execution of the lease agreement, subject to the following conditions: (1) That the consideration for the lease shall be $1,000.00 per month for a period of 12 months; and (2) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state. Section 3 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing.

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Section 4 . That this Act 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 Act are repealed. Approved March 14, 1984. CONVEYANCE OF CERTAIN REAL PROPERTY TO THE CITY OF WOODBURY. No. 41 (Senate Resolution No. 315). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia, to the City of Woodbury; 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 Woodbury, Meriwether County, Georgia; and WHEREAS, said real property is described as follows: All or part of that certain tract or parcel of land located in Land Lot 67 of the Lower 9th District of Meriwether County, Georgia, beginning on the southwest line of Second (formerly Depot) Street at a point 22 feet southeastwardly, measured at right angles, from the center line of the Atlantic Coast Line Railroad Company's main track; running thence southeastwardly along said Street line 108.3 feet, more or less, to a point 125 feet southeastwardly, measured at right angles, from said center line; thence southwestwardly, parallel with said center line, 218.4 feet to a line which was the dividing line between land formerly of A. R. Chunn and land formerly of Bion

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Williams; thence northwestwardly along said dividing line 8.3 feet, more or less, to a point 117 feet southeastwardly, measured at right angles, from said center line; thence southwestwardly 207.5 feet to a point on the northeast line of First Street distant 55 feet southeastwardly, measured at right angles, from said center line; thence northwestwardly along the northeast line of First Street 34.7 feet, more or less, to a point 22 feet southeastwardly, measured at right angles, from said center line; thence northeastwardly, parallel with said center line, 436.8 feet to the point of beginning; containing 0.86 acre, more or less; and WHEREAS, the Department of Agriculture currently has the above-described property under its custody and management as a peach-packing facility; and WHEREAS, the Department of Agriculture has determined that the operation of a peach-packing facility at this location is not feasible due to the decrease of peach production in the area and therefore the property is surplus to their needs; and WHEREAS, the City of Woodbury is desirous of obtaining all of the above-described real property for industrial development purposes. 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 the City of Woodbury or a purchaser approved by the State Properties Commission by the State of Georgia, acting by and through the State Properties Commission, for the fair market value and upon such further considerations 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 50-16-22 of the

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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, that plat or drawing 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 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 14, 1984. RESOLUTION (1975 NUMBER 55) AUTHORIZING CONVEYANCE OF CERTAIN PROPERTY TO CITY OF MILLEN AMENDED. Ga. Laws 1975, p. 1511 Amended. No. 42 (Senate Resolution No. 344). A RESOLUTION To amend a Resolution (Res. Act No. 55) authorizing the conveyance of certain real property located in Jenkins County to the City of Millen, approved April 25, 1975 (Ga. L. 1975, p. 1511), so as to change the terms and conditions of said conveyance; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . A Resolution (Res. Act No. 55) authorizing the conveyance of certain real property located in Jenkins County to the City of Millen, approved April 25, 1975 (Ga. L. 1975, p. 1511), is amended by striking therefrom the next to last paragraph, which was designated paragraph (4), and inserting in lieu thereof a new paragraph (4) to read as follows: (4) That the said tract or parcel of land shall be used only for public or other nonprofit purposes and uses, and in the event that this park is abandoned for these uses, it shall revert to the State. 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 14, 1984. CONSENT FOR THE CITY OF WEST POINT TO ANNEX CERTAIN STATE OWNED REAL PROPERTY. No. 43 (Senate Resolution No. 366). A RESOLUTION Consenting to the annexation of certain state owned real property located in Harris County into the corporate limits of the City of West Point; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Harris County; and

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WHEREAS, such property is under the control of the Department of Transporation; and WHEREAS, the West Point State Welcome Center is located on such real property; and WHEREAS, it would be beneficial to the State of Georgia and the persons using the West Point State Welcome Center to have the real property on which such center is located annexed into the corporate limits of the City of West Point so that the center could receive municipal services from the city; and WHEREAS, such property is located adjacent to the present corporate limits of the City of West Point, except for the width of I-85; and WHEREAS, Code Section 36-36-2 of the Official Code of Georgia Annotated authorizes the annexation of such property upon the application of the landowners affected; and WHEREAS, such real property is more particularly described as follows: Being a tract or parcel of land lying and being in Land Lot 281 of the 5th Land District, Harris County, Georgia, and being more particularly described as follows: Beginning at a point lying 150 feet right, southeast of, and opposite I-85-1 (52) Survey Centerline State 84 + 00, said point being a point on the existing southeast right of way line of I-85; thence northeasterly along said existing right of way line which follows a straight line a distance of 2,182.85 feet to a point lying 150 feet right, southeast of, and opposite I-85-1 (52) Survey Centerline Station 105 + 82.85; thence northeasterly continuing along said existing right of way line of I-85 which follows a curved line a distance of 559.7 feet to a point lying 150 feet right, southeast of, and opposite I-85-1(52) Survey Centerline Station 111 + 50; thence southwesterly along a straight line a distance of 847.68 feet to a point lying 250 feet right, southeast of, and opposite said Survey Centerline Station 103 + 00; thence southeasterly along a straight line a

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distance of 400 feet to a point lying 650 feet right, southeast of, and opposite said Survey Centerline Station 103 + 00; thence southeasterly along a straight line a distance of 500 feet to a point lying 1,050 feet right, southeast of, and opposite said Survey Centerline Station 100 + 00; thence southwesterly along a straight line lying 1,050 feet right, southeast of, and parallel to said survey centerline a distance of 300 feet to a point lying 1,050 feet right, southeast of, and opposite said Survey Centerline Station 97 + 00; thence southwesterly along a straight line a distance of 610.33 feet to a point lying 700 feet right, southeast of, and opposite said Survey Centerline Station 92 + 00; thence northwesterly along a straight line a distance of 474.34 feet to a point lying 250 feet right, southeast of, and opposite said Survey Centerline Station 90 + 50; thence southwesterly along a straight line a distance of 657.65 feet back to the point of beginning. Said tract or parcel of land containing 21.96 acres and being bound on the northwest by I-85; and on the northeast and southeast by other lands of the condemnee. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly and the State of Georgia hereby grant their consent to the annexation of the above-described real property into the corporate limits of the City of West Point and authorize the commissioner of transportation to execute all documents required and to take any action necessary to make application to the City of West Point for the annexation of such real property pursuant to Code Section 36-36-2 of the Official Code of Georgia Annotated. Approved March 14, 1984.

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CONVEYANCE OF CERTAIN REAL PROPERTY LOCATED IN CHATTANOOGA, TENNESSEE. No. 47 (House Resolution No. 487). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Chattanooga, Hamilton County, Tennessee; 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 Chattanooga, Hamilton County, Tennessee; and WHEREAS, said real property is described as follows: All or part of that certain tract or parcel of land containing the remaining Western and Atlantic Railroad right-of-way between Broad Street and Market Streets located in Chattanooga, Hamilton County, Tennessee, that is currently leased to the Seaboard System Railroad, more particularly described as `Western Atlantic Railroad property to remain in Louisville Nashville Railroad is pt. nos. 1, 2, 3, 4, 7, 1-0.230 acre/10,013.37 sq. ft.' as shown on that survey prepared for the State of Georgia and its State Properties Commission by Georgia Registered Land Surveyor Guy Herbert Wells III dated April 21, 1978, and revised October 31, 1978, February 21, 1979, and March 8, 1979.; and WHEREAS, the State of Georgia currently has the above-described property leased to the Seaboard System Railroad until December 31, 1994; and WHEREAS, Amos and Andy Buick Company owns property adjoining the above-described real property; and WHEREAS, Amos and Andy Buick is desirous of obtaining all of the above-described real property for addition to their property.

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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. Section 3 . That the State Properties Commission is authorized to convey any and all of the above described property for a consideration not less than the fair market value upon such terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. 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 14, 1984.

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CONVEYANCE OF CERTAIN PROPERTY TO THE CITY OF DALTON. No. 49 (House Resolution No. 504). A RESOLUTION Authorizing the conveyance of certain state owned property to the City of Dalton, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, a portion of the Western and Atlantic Railroad property is not required for the purposes of said railroad and is, therefore, surplus property to the State of Georgia; and WHEREAS, said property is described as follows: A portion of the Western and Atlantic Railroad Freight Depot Lot lying and being in Land Lot 219 of the 12th District, 3rd Section, Whitfield County, Georgia, and described as a portion of parcel no. 6 of the Western and Atlantic Railroad Valuation Map No. V2/S.47 as filed in the State of Georgia Archives Building, Fulton County, Georgia (said property shall be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor furnished to the state by the City of Dalton); and WHEREAS, the said lot is adjacent to certain property that was authorized to be conveyed to the City of Dalton by the 1979 General Assembly; and WHEREAS, the City of Dalton is interested in obtaining this remaining portion of the property known as the Depot Lot. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-mentioned property and that, in all matters relating to the conveyance of the property, the State of Georgia is acting by and through its State Properties Commission. The State of Georgia, acting by and

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through the State Properties Commission, is authorized to convey the hereinabove described property to the City of Dalton subject to the following conditions: (1) That said tract of land shall be conveyed to the City of Dalton for a consideration determined by the State Properties Commission and upon such further conditions and provisions as directed by the State Properties Commission; (2) That a plat of survey of the said tract be prepared by the City of Dalton and submitted to the State Properties Commission's executive director for his approval; (3) That the conveyance of the said tract of land shall be approved by the State Properties Commission; and (4) That the conveyance of the said property shall be conditioned upon the lessee of the Western and Atlantic Railroad conveying its interest in said property to the State of Georgia by appropriate instrument. Section 2 . 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 3 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 14, 1984.

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RESTRICTION ON CITY OF ATLANTA CHANGING UTILIZATION OF STREET LEVEL PLAZA OVER WESTERN AND ATLANTIC RAILROAD PROPERTY. Ga. Laws 1945, p. 1221 Amended. No. 50 (House Resolution No. 524). A RESOLUTION To amend an Act (Res. No. 28) permitting the City of Atlanta to build and construct ways, streets, roads, bridges, viaducts, or plazas over the Western Atlantic Railroad property, approved March 8, 1945 (Ga. L. 1945, p. 1221), so as to prohibit the City of Atlanta from undertaking new construction on or changing the utilization of any part of any street-level plaza constructed over Western Atlantic Railroad property prior to a certain date without the written approval of the State Properties Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . An Act (Res. No. 28) permitting the City of Atlanta to build and construct ways, streets, roads, bridges, viaducts, or plazas over the Western Atlantic Railroad property, approved March 8, 1945 (Ga. L. 1945, p. 1221), is amended by adding at the end thereof a new paragraph to read as follows: Provided, further, that the City of Atlanta shall be prohibited from undertaking any new construction on or changing the present utilization of any part of any street-level plaza constructed over Western Atlantic Railroad property prior to January 1, 1984, without the written approval of the State Properties Commission. 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 14, 1984. CONVEYANCE OF CERTAIN PROPERTY LOCATED IN MERIWETHER COUNTY. No. 51 (House Resolution No. 544). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia, in order to settle certain boundary line discrepancies; 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, approximately 7.05 acres, located within Meriwether County, Georgia, purchased from the City of Manchester in 1961 and utilized by the Department of Public Safety as a Patrol Post site; and WHEREAS, efforts have been made to determine the exact boundary lines pertaining to several landowners in the vicinity of the above-mentioned state property; and WHEREAS, Provident Broadcasting Company, an adjoining landowner to the above-mentioned state property, intends to construct a 1,000 foot radio transmission tower, which has been approved by the Federal Communications Commission, and desires to perfect certain property boundary lines before beginning construction of said tower; and WHEREAS, the deed conveying the above-mentioned state property to the state describes the west property line as being 195.4 feet south along the west boundary line of Land Lot Number 243; and

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WHEREAS, it has been determined that the actual property line is 20 feet east of the west boundary line of Land Lot Number 243; and WHEREAS, Provident Broadcasting Company is desirous of obtaining a parcel 20'x195' from the State of Georgia to clear said property line and is agreeable to allowing the Department of Public Safety to attach the Patrol Post's radio transmission facilities on the tower to be constructed by the company; and WHEREAS, the above-mentioned parcel will be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and WHEREAS, the above-mentioned parcel's conveyance will not diminish any actual boundary line distances or affect any Georgia State Patrol Post's operations. 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 State Properties Commission is authorized to convey any and all of the above described property to Provident Broadcasting Company for a consideration not less than the fair market value upon such terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. Section 3 . That a plat of the property to be used in the conveyance authorized by this resolution shall be prepared by Provident Broadcasting Company and presented to the State Properties Commission for approval by its executive director. Section 4 . That the State Properties Commission is authorized to execute any other documents or agreements of understanding that might be needed to settle any boundary line disputes of the approximately 7.05 acres conveyed to the state by the City of Manchester in 1961.

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Section 5 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval 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 14, 1984. RESOLUTION AUTHORIZING CONVEYANCE OF LAND TO AMERICAN HEART ASSOCIATION REPEALED. Ga. Laws 1982, p. 1352 Repealed. No. 52 (House Resolution No. 631). A RESOLUTION To repeal a resolution entitled A Resolution requesting that the Georgia Building Authority (Hospital) and the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Resources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, make 2.62 acres of land in DeKalb County, Georgia, available to the American Heart Association, Georgia Affiliate, for the purpose of their constructing and operating thereon an office building and other facilities to house the programs of that organization; to provide an effective date; and for other purposes., approved April 16, 1982 (Ga. L. 1982, p. 1352); to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . A resolution entitled A Resolution requesting that the Georgia Building Authority (Hospital) and the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Resources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, make 2.62 acres of land in DeKalb County, Georgia, available to the American Heart Association, Georgia Affiliate, for the purpose of their constructing and operating thereon an office building and other facilities to house the programs of that organization; to provide an effective date; and for other purposes., approved April 16, 1982 (Ga. L. 1982, p. 1352), is repealed in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1984. LEGAL DEFENSE OF INDIGENTSMETHOD OF APPOINTING PUBLIC DEFENDER IN CERTAIN COUNTIES (550,000 OR MORE). Code Title 17, Chapter 12 Amended; Article 4 Enacted. No. 866 (House Bill No. 1338). AN ACT To amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the legal defense of indigents, so as to provide for a method of appointing the public defender in all counties having a population of 550,000 or more according to the United States

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decennial census of 1980 or any future such census; to provide for a staff, expenses, and funding; to provide for immunity; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the legal defense of indigents, is amended by adding at the end thereof a new Article 4 to read as follows: ARTICLE 4 17-12-70. The General Assembly finds that counties in this state with large populations can best provide defense services for indigent persons accused of crimes through the office of a public defender. 17-12-71. (a) In all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census in which there has been established an office of public defender for the county and in which there has been established a position of county manager, there shall be established a nominating committee whose duty shall be to interview those persons licensed to practice law in this state and who are competent to counsel and defend a person charged with a crime and who have expressed an interest in filling a vacancy or anticipated vacancy of the position of public defender of said county. This committee shall be further empowered to interview persons other than those who have expressed an interest in such office but shall not nominate such other person without such person's consent. (b) (1) This committee shall consist of a representative selected by each of the associations existing at the time this article becomes effective in such county and whose members are made up of those individuals who are licensed to practice law in this state and whose practice is primarily in the courts which have been established by this state in said county. In addition, if any one of such association's membership equals or exceeds the combined membership of the other such county associations, then the chairman of the criminal law section of that association shall also be a member of this committee.

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(2) The Georgia Association of Criminal Defense Lawyers shall also appoint one of its members to serve on this committee. Such appointee shall be a resident of the county and be an attorney whose practice is primarily in the courts established by the State of Georgia in such county. (c) The committee so established shall, after conducting the interviews, send to the county manager of such county the names of those three attorneys whom it deems to be the best qualified. Thereafter, this committee shall make itself available, upon the request of the person appointed as public defender, to advise and assist in any matters pertaining to the operation of the office of public defender. (d) The county manager may, in his discretion, interview the three nominees and shall appoint one of said nominees to serve as public defender for said county for a term of four years. The term of office of the initial public defender appointed pursuant to this article shall begin January 1, 1985. (e) The person so appointed must be licensed to practice law in this state. During his incumbency, the public defender may not engage in the practice of criminal law other than in the discharge of the duties of his office. (f) The public defender so appointed shall employ at the compensation authorized by the county governing authority as many assistant public defenders, clerks, investigators, stenographers, and other persons as may be necessary for carrying out the responsibilities under this article. A person employed under this subsection serves at the pleasure of the public defender unless his position is under a civil service system in which he may be removed only for cause. (g) The county governing authority shall provide appropriate facilities, including office space, furniture, equipment, books, postage, supplies, and interviewing facilities in the jail, necessary for carrying out the public defender's responsibilities under this article or shall grant the public defender an allowance in place of such facilities. (h) If an office of public defender is or has been established, the compensation, expenses, and allowances and the expense necessary to establish, maintain, and support the office shall be paid by the county

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governing authority out of public funds available for the operation of the courts in the county. (i) This article expressly recognizes the inherent power of the court to appoint counsel to represent indigent defendants and to order compensation, reimbursement, or advancement from county funds in individual cases as the proper administration of justice may require. (j) Members of the county governing authority and administrative personnel, while acting in such capacity, shall be immune from legal actions arising from any actions in relation to the implementation and carrying out of the purposes of this article. 17-12-72. Nothing in this article shall operate to prevent any county from establishing a local indigent defense program as provided by Article 2 of Chapter 12 of this title, `The Georgia Indigent Defense Act.' Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. SUPERIOR COURTSDOUGLAS JUDICIAL CIRCUITTERMS. Code Section 15-6-3 Amended. No. 867 (House Bill No. 1281). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia

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Annotated, relating to terms of superior courts, as amended by HB 1156 from the 1984 session of the General Assembly of Georgia, so as to change the terms of court of the Douglas Judicial Circuit; 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 superior courts, as amended by HB 1156 from the 1984 session of the General Assembly of Georgia, is amended by striking paragraph (15.1) as redesignated and reenacted by HB 1156 and inserting in lieu thereof a new paragraph (15.1) to read as follows: (15.1) Douglas Circuit : Douglas CountyThird Monday in February, May, and August and the first Monday in November. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984.

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SUPERIOR COURTSCOSTS FOR CLERK'S SERVICES IN CERTAIN COUNTIES (450,000 OR MORE). Code Section 15-6-77.2 Amended. No. 868 (House Bill No. 434). AN ACT To amend Code Section 15-6-77.2 of the Official Code of Georgia Annotated, relating to the costs for superior court clerk's services in counties with populations of 550,000 or more, so as to change the population classification so that said Code section shall apply to all counties of this state having a population of 450,000 or more 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: Section 1 . Code Section 15-6-77.2 of the Official Code of Georgia Annotated, relating to the costs for superior court clerk's services in counties with populations of 550,000 or more, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) This Code section shall apply to all counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984.

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STONE MOUNTAIN MEMORIAL ASSOCIATIONMEMBERSHIP OF BOARD. Code Section 12-3-193 Amended. No. 870 (House Bill No. 438). AN ACT To amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the membership of the Stone Mountain Memorial Association, so as to change the membership of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the membership of the Stone Mountain Memorial Association, is amended by striking the first sentence of subsection (a) of said Code section, which reads as follows: The association shall be composed of the Secretary of State, the Lieutenant Governor, the commissioner of industry and trade, and four members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta area., and inserting in lieu thereof the following: The association shall be composed of the Secretary of State, the Lieutenant Governor, the commissioner of the Department of Natural Resources, and four members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta area. Section 2 . This Act shall become effective upon its approval by 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, 1984.

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MOTOR VEHICLES AND TRAFFICDEFINITION OF SPEED DETECTION DEVICE. Code Section 40-14-1 Amended. No. 871 (House Bill No. 644). AN ACT To amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, so as to change the provisions relating to the definition of a speed detection device; 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 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, is amended by striking Code Section 40-14-1, relating to the definition of a speed detection device, in its entirety and inserting in lieu thereof a new Code Section 40-14-1 to read as follows: 40-14-1. As used in this chapter, the term `speed detection device' means that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name `Vascar' or any similar device operating under the same or similar principle and any devices for the measurement of speed or velocity based upon the principle of radar. All such devices must meet or exceed the minimum performance specifications established by the Department of Public Safety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984.

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PROFESSIONS AND BUSINESSESAPPLIED PSYCHOLOGISTSEXAMINATIONS FOR LICENSES. Code Title 43, Chapter 39 Amended. No. 872 (House Bill No. 905). AN ACT To amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to applied psychologists, so as to delete certain provisions relating to examinations for licenses; to authorize the review of certain examinations; to grant the State Board of Examiners of Psychologists the ability to revoke temporary licenses; to change requirements regarding recording temporary licenses; 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 39 of Title 43 of the Official Code of Georgia Annotated, relating to applied psychologists, is amended by striking Code Section 43-39-9, relating to examinations for licenses, in its entirety and inserting in its place a new Code Section 43-39-9 to read as follows: 43-39-9. Examination of applicants for a license to practice applied psychology shall be made by the board at least once a year according to methods and in such subject fields as may be deemed by the board to be the most practical and expeditious to test the applicant's qualifications. The board shall require the examination to be written or oral, or both, provided that in any written examination such applicant shall be designated by a number instead of his name so that his identity shall not be disclosed to the members of the board until the examination papers have been graded. Any unsuccessful candidate may, within 14 days of notice of failure and upon written request to the board, appeal to the board for review of the examination paper. Section 2 . Said chapter is further amended by striking Code Section 43-39-14, relating to temporary licenses, in its entirety and inserting in its place a new Code Section 43-39-14 to read as follows:

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43-39-14. The joint-secretary in his discretion may, with the approval of the board, issue a temporary license to an applicant for a permanent license. Such license shall have the same force and effect as a permanent license but shall expire 12 months from the date of its issuance and shall not be renewable. Upon a finding by the board that the applicant has failed either the written or oral examination, whichever comes first, the board may, in its discretion, revoke such temporary license. 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, 1984. PUBLIC OFFICERS AND EMPLOYEESPERSONS AUTHORIZED TO ADMINISTER OATHSTAKE ACKNOWLEDGMENTS OF OVERSEAS PERSONNEL. Code Section 14-17-31 Amended. No. 873 (House Bill No. 948). AN ACT To amend Code Section 45-17-31 of the Official Code of Georgia Annotated, relating to persons for whom commissioned officers may perform notarial acts, so as to authorize commissioned officers to perform notarial acts for the spouse, dependent child, or other dependent of certain persons; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Code Section 45-17-31 of the Official Code of Georgia, relating to persons for whom commissioned officers may perform notarial acts, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 45-17-31 to read as follows: 45-17-31. Any person who (1) is a member of the armed forces of the United States, (2) is serving as a merchant seaman outside the limits of the United States, or (3) is outside the limits of the United States by permission, assignment, or direction of any department or official of the United States government in connection with any activity pertaining to the prosecution of any war in which the United States is then engaged and the spouse, dependent child, or other dependent of such person may have instruments acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other notarial acts performed by any commissioned officer in active service of the armed forces of the United States. Section 2 . This Act shall become effective upon its approval by 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, 1984. LOCAL GOVERNMENTCOUNTIES AUTHORIZED TO PUNISH FOR VIOLATIONS OF CERTAIN ORDINANCES. Code Section 36-1-15 Amended. No. 874 (House Bill No. 968). AN ACT To amend Chapter 1 of Title 36 of the Official Code of Georgia

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Annotated, relating to counties in general, so as to authorize counties to provide punishments for violations of ordinances prohibiting, regulating, or taxing fortunetelling and similar practices; to provide for prosecution of violations in the magistrate court; to provide for 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 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, is amended by striking Code Section 36-1-15, relating to prohibition, regulation, and taxation of fortunetelling and similar practices, and inserting in its place a new Code section to read as follows: 36-1-15. The county governing authority may by proper ordinance prohibit, regulate, or tax the practice of fortunetelling, phrenology, astrology, clairvoyance, palmistry, or other kindred practices, businesses, or professions where a charge is made or a donation accepted for the services and where the practice is carried on outside the corporate limits of the municipality. The tax, if any, which is imposed shall not exceed the sum of $1,000.00 per year. Such ordinances may prescribe the punishment to be imposed for violations, but such punishment shall not exceed imprisonment for 60 days or a fine of $500.00 or both. Prosecutions for violations shall be in the magistrate court of the county as provided in Chapter 10 of Title 15. Section 2 . This Act shall become effective upon its approval by 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, 1984.

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RETIREMENT AND PENSIONSSHERIFFS' RETIREMENT FUND OF GEORGIACOMPOSITION OF BOARD OF COMMISSIONERS. Code Section 47-16-21 Amended. No. 875 (House Bill No. 977). AN ACT To amend Code Section 47-16-21 of the Official Code of Georgia Annotated, relating to the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, so as to change the composition of said board; to provide for other matters relative thereto; 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 47-16-21 of the Official Code of Georgia Annotated, relating to the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, which reads as follows: 47-16-21. (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

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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. (c) The membership on the board of any person shall cease and a vacancy in that position on the board shall be created upon such board member's death, resignation, or removal from office, or upon such board member's ceasing to hold office as a sheriff or as a county commissioner or to remain an active member of this fund, as the case may be, for any reason other than retirement under this chapter. If a vacancy occurs either in the position held by the president of the Association County Commissioners of Georgia or the president of the Georgia Sheriffs' Association, the remaining members of the board shall elect a qualified member of the appropriate association to fill the unexpired term of office so vacated. If a vacancy occurs in any of the other positions on the board, the remaining members of the board shall elect a qualified member of the Georgia Sheriffs' Association to fill the vacancy until the next annual convention of that association, at which convention such association shall elect one of its qualified members to fill the unexpired term, if any, of such position so vacated., is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-16-21 to read as follows: 47-16-21. (a) The board shall consist of six members as follows: (1) The Director of Fiscal Affairs, Department of Administrative Services; (2) One former sheriff who is receiving benefits as a retired beneficiary of the fund; and (3) Four persons holding office as sheriffs of Georgia, each of whom shall be active members of the fund and shall have held office as a sheriff for at least four years. (b) The state auditor shall begin serving on the board on July 1, 1984. The position of the state auditor on the board shall be the successor to the position on the board held by the president of the Association County Commissioners of Georgia, which shall stand abolished on June 30, 1984.

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(c) The term of office of the retired member of the board holding office on January 1, 1984, which is scheduled to expire on March 31, 1984, is extended to expire on June 30, 1984. The Governor shall appoint a successor, pursuant to the position provided for by paragraph (2) of subsection (a) of this Code section, to take office on July 1, 1984, for a term of one year and until a successor is appointed and qualified. Thereafter, the Governor shall appoint a successor pursuant to the position provided for by paragraph (2) of subsection (a) of this Code section to take office upon the expiration of the term of office for a term of one year and until a successor is appointed and qualified. (d) The first four members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor to take office on July 1, 1984. Such members shall be successors to Sheriffs D. Lamar Stewart, E. W. Phillips, Wesley Walraven, and Franklin Thompson whose terms of office as members of the board shall terminate on June 30, 1984. Their successors shall be appointed by the Governor for initial terms of office as follows: (1) The member appointed as the successor to Sheriff D. Lamar Stewart shall be appointed for a term of one year; (2) The member appointed as the successor to Sheriff E. W. Phillips shall be appointed for a term of two years; (3) The member appointed as the successor to Sheriff Wesley Walraven shall be appointed for a term of three years; and (4) The member appointed as the successor to Sheriff Franklin Thompson shall be appointed for a term of four years. (e) Beginning in 1985, the Governor shall annually appoint a successor to the member of the board appointed pursuant to subsection (d) of this Code section whose respective term of office is expiring. Each such successor shall be appointed by the Governor for a term of four years and until a successor is appointed and qualified. Thereafter, successors shall be appointed by the Governor upon the expiration of the respective terms of office for terms of four years and until such successors are appointed and qualified. (f) Any appointed member of the board continuing to meet the respective qualifications for membership on the board shall be eligible for reappointment to successive terms as a member of the board.

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If a member of the board holding a position specified by paragraph (3) of subsection (a) of this Code section ceases to hold office as sheriff for any reason, except for retirement as a beneficiary of the fund, such member's position on the board shall thereby become vacant; but, if any such member retires to become a beneficiary of the fund during a term of office, such member may serve until the expiration of the term to which the member was appointed. A vacancy which occurs for any reason in the membership of the board shall be filled as follows: (1) If the vacancy is in the position specified by paragraph (2) of subsection (a) of this Code section, the Governor shall appoint a qualified person to fill such vacancy for the unexpired term; and (2) If the vacancy is in a position specified by paragraph (3) of subsection (a) of this Code section, the remaining members of the board shall elect a qualified person to fill such vacancy for the unexpired term. (g) By a majority vote of its full membership the board shall elect a chairman from the membership of the board. The chairman shall serve for a term fixed by rules of the board. (h) The Georgia Sheriff's Association shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider the nominees made by the Georgia Sheriffs' Association in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by the Georgia Sheriffs' Association. Section 2 . This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law for the administrative purpose of allowing the Governor to consider appointments pursuant to quoted revised Code Section 47-16-21 of Section 1 of this Act. This Act shall become effective for all purposes on June 30, 1984. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984.

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FUNERAL DIRECTORS, EMBALMERS, ETC.QUALIFICATIONS OF APPLICANTS FOR LICENSES, ETC. Code Title 43, Chapter 18 Amended. No. 876 (House Bill No. 994). AN ACT To amend Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Funeral Service and to funeral directors, embalmers, and operators of funeral establishments, so as to change the qualifications for applicants for licenses as embalmers or funeral directors; to provide additional practices and procedures relating to examinations for licenses as embalmers; to change the termination date of the State Board of Funeral Service and provide for the continuation of such board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Funeral Service and to funeral directors, embalmers, and operators of funeral establishments, is amended by striking Code Section 43-18-8, relating to termination of the State Board of Funeral Service, in its entirety and inserting in lieu thereof a new Code Section 43-18-8 to read as follows: 43-18-8. 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 Funeral Service shall be terminated on July 1, 1990, 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. Section 2 . Said article is further amended by striking subsection (a) of Code Section 43-18-41, relating to qualifications of applicants, apprentices, and reciprocity, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) Each applicant for a license as either an embalmer or a funeral director shall be: (1) At least 18 years of age; (2) A resident of this state; (3) Of good moral character, which fact shall be evidenced by affidavits from funeral directors or embalmers who are duly licensed by this board, actively practicing in this state, and in the same establishment where the applicant served his apprenticeship, or by a certificate of good moral character by any constitutional officer; and (4) Possessed of a high school education of not less than 16 Carnegie units or the equivalent thereof, the determination of the equivalent education of the applicant to be left to the discretion of the board. Section 3 . Said article is further amended by adding a new subsection (f) at the end of Code Section 43-18-41, relating to qualifications of applicants, apprentices, and reciprocity, to read as follows: (f) An individual who has met the educational requirement specified in paragraph (1) of subsection (b) of this Code section shall be eligible to take the section of the examination for embalmer relating directly to scholastic training without waiting until such individual meets the additional requirements for licensure specified in paragraphs (2) and (3) of subsection (b) of this Code section; provided, however, that such individual must submit a proper application and pay the required fees as determined by the board. An applicant for licensure as an embalmer who shall have successfully completed the section of the examination for embalmer relating directly to scholastic training shall have no status as an embalmer until such applicant meets all other requirements for licensure as outlined in this chapter and has received a license as an embalmer from the board. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984.

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DISPENSING OPTICIANSLICENSE REQUIREMENTSCONTINUING EDUCATIONSTATE BOARD CONTINUED. Code Title 43, Chapter 29 Amended. No. 877 (House Bill No. 995). AN ACT To amend Chapter 29 of Title 43 of the Official Code of Georgia Annotated, relating to dispensing opticians, so as to change certain license requirements; to change certain continuing education requirements; to provide for the continuation of the State Board of Dispensing Opticians but to provide for the later termination of that board and the laws relating thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 29 of Title 43 of the Official Code of Georgia Annotated, relating to dispensing opticians, is amended by striking paragraph (1) of subsection (b) of Code Section 43-29-7, relating to licensing requirements, and inserting in its place a new paragraph to read as follows: (1) The applicant is over 18 years of age; . Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 43-29-11, relating to continuing education, and inserting in its place a new subsection to read as follows: (a) Each person who holds a license as a dispensing optician shall be required to complete ten hours of continuing education prior to each renewal of such license. Section 3 . Said chapter is further amended by striking subsection (c) of Code Section 43-29-11, relating to continuing education, and inserting in its place a new subsection to read as follows: (c) The board may waive the requirements of this Code section for any license period for any dispensing optician upon proof of such

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optician's hardship or disability, provided that such optician's license may be revoked upon failure of the licensee to complete the required number of hours, not to exceed 20 hours, of continuing education within 12 months immidiately following renewal. Section 4 . Said chapter is further amended by striking Code Section 43-29-22, relating to termination of the State Board of Dispensing Opticians, and inserting in its place a new Code section to read as follows: 43-29-22. 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 Dispensing Opticians shall be terminated on July 1, 1990, 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 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. BUSINESS CORPORATIONSREGISTRATION FEESNOTICE OF SHAREHOLDER MEETINGS. Code Title 14, Chapter 2 Amended. No. 878 (House Bill No. 1031). AN ACT To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change the registration fee for foreign corporations; to change the fee for renewal of registered corporate names; to provide that certain corporations may send notice of shareholder meetings by mail other than first class; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, is amended by striking paragraph (2) of subsection (b) of Code Section 14-2-42, relating to registration of a corporate name by foreign corporation, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Paying to the Secretary of State a registration fee of $15.00. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 14-2-43, relating to renewal of registered corporate names, and inserting in lieu thereof a new subsection (a) to read as follows: (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 $15.00. Section 3 . Said chapter is further amended by striking subsection (a) of Code Section 14-2-113, relating to methods of delivering notice of meetings of shareholders of business corporations, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Written notice stating the place, day, and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called shall be delivered not less than ten nor more than 50 days before the date of the meeting, either personally or by first-class mail, by or at the direction of the president, the secretary, or the officer or persons calling the meeting, to each shareholder of record entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail with first-class postage thereon prepaid, addressed to the shareholder at his address as it appears on the stock transfer books of the corporation. If the corporation has more than 500 shareholders of record entitled to vote at such meeting, it may utilize a class of United States mail other than first class if the notice is mailed, with adequate postage prepaid, not less than 30 days before the date of the meeting.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACTLIMITATIONS ON RIGHT OF SUBROGATION. Code Section 33-34-3 Amended. No. 879 (House Bill No. 1036). AN ACT To amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to subrogation under the Georgia Motor Vehicle Accident Reparations Act, so as to provide that the prohibition against subrogation of certain benefits mandated by the Act shall not include subrogation relating to compensation without regard to fault for damage to the insured motor vehicle; 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 33-34-3 of the Official Code of Georgia Annotated, relating to subrogation under the Georgia Motor Vehicle Accident Reparations Act, is amended by striking in its entirety paragraph (1) of subsection (d) of said Code section and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Insurers and self-insurers providing benefits without regard to fault described in Code Sections 33-34-4 and 33-34-5 shall not be subrogated to the rights of the person for whom benefits are provided except:

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(A) In those motor vehicle accidents involving two or more vehicles, at least one of which is a motor vehicle weighing more than 6,500 pounds unloaded; or (B) Benefits provided for coverage described in paragraph (3) of subsection (a) of Code Section 33-34-5. The right of recovery and the amount of recovery shall be determined on the basis of tort law between the insurers or self-insurers involved. Expenses incurred in exercising the rights of subrogation under this Code section shall be at the sole expense of the insurers and self-insurers involved. If the responsible tortfeasor is uninsured and is not a self-insurer, the insurer or self-insurer providing benefits shall have a right of action to the extent of benefits provided against such tort-feasor only in the event that the person for whom benefits are provided has been completely compensated for all economic and noneconomic losses incurred as a result of the motor vehicle accident. Section 2 . This Act shall become effective upon its approval by 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, 1984. RIGHTS TO PERSONAL PROPERTYPRESUMPTION OF ABANDONMENT BY PERSONS IN CUSTODY. Code Section 44-12-199 Amended. No. 880 (House Bill No. 1089). AN ACT To amend Code Section 44-12-199 of the Official Code of Georgia

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Annotated, relating to the presumption of abandonment of property, so as to provide for the presumptive abandonment of tangible personal property of persons under the custody and control of the Georgia Department of Offender Rehabilitation after one year and to provide for the sale thereof; to exempt such property from certain reporting provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 44-12-199 to read as follows: 44-12-199. (a) Except as provided in subsection (b) of this Code section, all intangible personal property held for the owner by any court, public corporation, public authority, or public officer of the state or a political subdivision thereof is presumed abandoned if it has remained unclaimed by the owner for more than 15 years. (b) All intangible personal property, including, but not limited to, funds or moneys in patient or inmate trust accounts or other accounts, held for or on behalf of an owner who had been a resident, patient, or inmate in any institution or facility operated by the Department of Human Resources or the Department of Offender Rehabilitation, which property has remained unclaimed by the owner or guardian of the owner for more than five years, is presumed abandoned. (c) Any inmate or other person in the custody of the Georgia Department of Offender Rehabilitation who escapes, is discharged or paroled, or who dies while in the custody of the Georgia Department of Offender Rehabilitation shall be deemed to have abandoned all tangible personal property in the custody of the Georgia Department of Offender Rehabilitation which has been held by said department for a period of one year and no valid claim in writing has been made to said department by the owner or the owner's heirs. Such property

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shall be disposed of by public sale in such manner as the commissioner of the Department of Offender Rehabilitation shall direct with the proceeds of such sale being deposited in the state treasury. Moreover, the commissioner of the Department of Offender Rehabilitation shall have sole authority over said property, and the disposition of said property shall be exempt from all requirements of this article. Section 2 . This Act shall become effective upon its approval by 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, 1984. SHERIFFSVEHICLE ALLOWANCE FOR USE OF PERSONAL VEHICLE. Code Section 15-16-20 Amended. No. 881 (House Bill No. 1091). AN ACT To amend Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to sheriff's minimum salaries and operating expenses, so as to provide for a vehicle allowance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to sheriff's minimum salaries and operating expenses, is amended by adding at the end thereof a new subsection (e) to read as follows:

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(e) In addition to any salary or fees now or hereafter provided by law, the governing authority of each county is authorized to provide, as an operating expense of the sheriff's office and payable from county funds, a monthly vehicle allowance to the sheriff of that county when the sheriff's personally owned vehicle is used in the carrying out of the duties of the sheriff's office. If a vehicle allowance is so provided, it shall be in an amount determined by agreement among the budget officer of the county, as provided in Chapter 81 of Title 36, the county governing authority, and the sheriff. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. AD VALOREM TAXATION OF PROPERTYADDITIONAL EXEMPTIONSTATE-WIDE REFERENDUM. Code Section 48-5-41 Amended. No. 882 (House Bill No. 1122). AN ACT To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to declare certain property to be an extension of the public schools of this state; to provide for the exemption of such property owned by a certain nonprofit corporation; to provide for a state-wide referendum; 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 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, is amended by adding at the end of paragraph (1) of subsection (a) of said Code section a new subparagraph (C), to read as follows: (C) Property which is owned by and used exclusively as the general state headquarters of a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth, notwithstanding the fact that such nonprofit corporation may derive income from fees or dues paid by persons, organizations, or associations to affiliate with such nonprofit corporation, shall be considered to be an extension of the public schools of this state and such property shall be considered to be public property within the meaning of this paragraph. Section 2 . The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act on the date of and in conjunction with the November, 1984, general election. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following: () YES () NO Shall the Act declaring property used exclusively as the state headquarters of a nonprofit corporation organized to promote cooperation between parents and teachers to be an extension of the public schools of this state, to be treated as public property, and granting an exemption from ad valorem taxation for such property be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1985, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void.

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Section 3 . Except as otherwise provided in Section 2 of this Act, 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, 1984. COMMERCE AND TRADESALE OF BUSINESS OPPORTUNITIESDEFINITIONSDISCLOSURE REQUIREMENTS, ETC. Code Title 10, Chapter 1 Amended. No. 883 (House Bill No. 1135). AN ACT To amend Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities, so as to provide additional definitions; to clarify the parties who are required to file disclosure statements; to increase the amount of initial investment required for an enterprise to be a business opportunity; to change the provisions relating to penalties for not filing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities, is amended by striking Code Section 10-1-410 in its entirety and inserting in lieu thereof a new Code Section 10-1-410 to read as follows:

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10-1-410. As used in this part, the term: (1) (A) `Business opportunity' means the sale or lease of, or offer to sell or lease, any products, equipment, supplies, or service which requires a total initial payment of an amount exceeding $500.00 for the purpose of enabling the purchaser to start a business, and in which the seller or company represents: (i) That the seller or company will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency-operated amusement machines or devices, or premises neither owned nor leased by the purchaser, seller, or company; (ii) That the seller or company will purchase any or all products made, produced, fabricated, grown, bred, or modified by the purchaser using, in whole or in part, the supplies, services, or chattels sold to the purchaser; (iii) That the seller or company guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity; or that the seller or company will refund all or part of the price paid for the business opportunity or repurchase any of the products, equipment, supplies, or chattels supplied by the seller or company, if the purchaser is dissatisfied with the business opportunity; or (iv) That the company will provide a sales program or marketing program; provided, however, that this paragraph shall not apply to the sale of a marketing program made in conjunction with the licensing of a registered trademark or registered service mark. (B) The term `business opportunity' does not include: (i) The sale of an ongoing business when the owner of that business sells and intends to sell only that one business opportunity;

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(ii) Any relationship created solely by or involving: (I) The relationship between an employer and an employee or among general business partners; or (II) Membership in a bona fide cooperative association or transactions between bona fide cooperative associations and their members. As used in this subdivision, the term `cooperative association' means either (1) an association of producers of agricultural products organized pursuant to Article 3 of Chapter 10 of Title 2 or statutes similar thereto enacted by other states, or (2) an organization operated on a cooperative basis by and for independent retailers which wholesales goods or furnishes services primarily to its member-retailers; or (iii) Any agribusiness corporation. (2) `Company' means any corporation, whether domestic or foreign, or any business, whether a partnership, limited partnership, sole proprietorship, joint venture, association, trust, unincorporated organization, or other entity, which shall solicit, advertise, offer, or contract for any business opportunity or cause to be solicited, advertised, offered, or contracted for any business opportunity in this state. (3) `Person' means any individual, corporation, partnership, joint venture, association, company, trust, unincorporated organization, or other entity and shall include any other person that has a substantial interest in or effectively controls such person as well as the individual officers, directors, general partners, trustees, or other individuals in control of the activities of such person. (4) `Seller' means any person who offers to sell to individuals any business opportunity, either directly or through any agent. Section 2 . Said part is further amended by striking in its entirety subsection (a) of Code Section 10-1-411, relating to required disclosure statement, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) At least 48 hours prior to the time the purchaser signs a business opportunity contract or at least 48 hours prior to the receipt of any consideration by the seller, whichever occurs first, the seller must provide the prospective purchaser a written document, the cover sheet of which is entitled in at least ten-point boldface capital letters: `DISCLOSURES REQUIRED BY GEORGIA LAW.' Under this title shall appear the statement in at least ten-point type that: `The State of Georgia has not reviewed and does not approve, recommend, endorse, or sponsor any business opportunity. The information contained in this disclosure has not been verified by the state. If you have any questions about this investment, see an attorney before you sign a contract or agreement.' Nothing except the title and required statement shall appear on the cover sheet. The disclosure document shall contain the following information: (1) The name of the company; whether the company is doing business as a proprietorship, partnership, or corporation; the names under which the company has done, is doing, or intends to do business; and the name of any parent or affiliated company that will engage in business transactions with purchasers or which takes responsibility for statements made by the seller; (2) The names, addresses, and titles of the company's officers, directors, trustees, general partners, general managers, principal executives, and any other persons charged with responsibility for the company's business activities relating to the sale of business opportunities; (3) The length of time the company has: (A) Sold business opportunities; and (B) Sold business opportunities involving the product, equipment, supplies, or services currently being offered to the purchaser; (4) A full and detailed description of the actual services that the seller or company undertakes to perform for the purchaser;

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(5) A copy of a current (not older than 13 months) financial statement of the company, updated to reflect any material changes in the company's financial condition; (6) If training of any type is promised by the seller or company, a complete description of the training and the length of the training; (7) If the seller or company promises services to be performed in connection with the placement of the equipment, product, or supplies at various locations, the full nature of those services as well as the nature of the agreements to be made with the owners or managers of those locations where the purchaser's equipment, product, or supplies will be placed; (8) If the company is required to secure a bond or establish a trust deposit pursuant to Code Section 10-1-412, either of the following statements:

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(9) The following statement: `If the company fails to deliver the product, equipment, or supplies necessary to begin substantial operation of the business within 45 days of the delivery date stated in your contract, you may notify the company in writing and demand that the contract be canceled.'; (10) If the seller or company makes any statement concerning sales or earnings or range of sales or earnings that may be made through this business opportunity, the following disclosures: (A) The total number of purchasers of business opportunities involving the product, equipment, supplies, or services being offered who, to the company's knowledge, have actually received earnings in the amount or range specified within three years prior to the date of the disclosure statement; and (B) The total number of purchasers of business opportunities involving the product, equipment, supplies, or services being offered within three years prior to the date of the disclosure statement; and (11) The following statement: `The company selling a business opportunity or the seller shall collect no more than 15 percent of the purchase price. The balance of the purchase price shall be paid into an escrow account, established with a bank or an attorney, which is agreed upon by both parties. The balance in escrow shall be paid to the company only upon complete compliance with the terms of the contract.' Section 3 . Said part is further amended by striking in its entirety subsection (a) of Code Section 10-1-412, relating to when bond or trust account is required, and inserting in lieu thereof a new subsection (a) to read as follows: (a) If the business opportunity seller or company makes any of the representations set forth in division (1)(A)(iii) of Code Section 10-1-410, the company must either have obtained a surety bond issued

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by a surety company authorized to do business in this state or have established a trust account with a licensed and insured bank or savings institution located in this state. The amount of the bond or trust account shall be an amount not less than $75,000.00. The bond or trust account shall be in favor of the state. Any person who is damaged by any violation of this part or by the seller's or company's breach of the contract for the business opportunity sale or of any obligation arising therefrom may bring an action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall exceed the amount of the bond or trust account. Section 4 . Said part is further amended by striking in its entirety subsection (d) of Code Section 10-1-413, relating to filings with the administrator, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Every seller representing or pretending to represent a company and every company which has not filed as required in this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than five years in the state penitentiary or by a fine of not more than $50,000.00, or both. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984.

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COMMERCE AND TRADESECURITIESCOMPATIBILITY WITH FEDERAL SECURITIES EXEMPTIONS PROVIDED, ETC. Code Title 10, Chapter 5 Amended. No. 884 (House Bill No. 1164). AN ACT To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to provide for legislative purpose and intent; to change the amount of certain registration fees for certain persons; to provide for the registration of limited offerings of securities; to provide for the requirements and limitations for such limited offerings; to provide for certain powers and duties of the commissioner relative to limited offerings; to provide for the filing fees for limited offerings; to change requirements and limitations for transactions involving the sales of securities which are exempt from registration; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The purpose of this Act is to provide compatibility with federal securities exemptions, uniformity among states, and to encourage capital formation and small business development. Section 2 . Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, is amended by striking subsection (f) of Code Section 10-5-3, relating to registration of dealers and salesmen, and inserting in lieu thereof a new subsection (f) to read as follows: (f) The fee for the initial registration of a dealer or limited dealer shall be $250.00. The annual renewal fee for a dealer or limited dealer shall be $100.00. The initial registration fee and transfer fee for each salesman and each limited salesman shall be $50.00. The annual renewal fee for each salesman and each limited salesman shall be $40.00.

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Section 3 . Said chapter is further amended by striking in its entirety subsection (e) of Code Section 10-5-5, relating to the registration of securities, and inserting in lieu thereof a new subsection (e) to read as follows: (e) (1) The sale of securities of an issuer by or on behalf of such issuer or an affiliate of such issuer may be made pursuant to a registration statement filed under this subsection if: (A) The aggregate amount of the total offering, within or outside this state, shall not exceed $500,000.00 less the aggregate offering price for all securities sold within 12 months before the start of and during the offering of securites under this subsection or in reliance on the exemption in paragraph (13) of Code Section 10-5-9 or which have been sold in violation of this Code section; or (B) The aggregate number of persons in this state purchasing securities registered under this subsection from the issuer and all affiliates of the issuer during any 12 month period shall not exceed 50 persons, including persons who acquire such securities in transactions which are otherwise exempt from registration in paragraph (13) of Code Section 10-5-9; however, any certificate or certificates representing securities issued in a transaction subject to the numerical limitation on the number of investors pursuant to this paragraph shall be marked for a period of one year from the date of their issuance or sale to indicate clearly that they were registered pursuant to this subsection and that they may not be sold or transferred except in a transaction which is exempt under this chapter or pursuant to an effective registration statement under this chapter or in a transaction which is otherwise in compliance with this chapter and shall be executed with a statement to the effect that such securities have been purchased for investment, as such phrase is defined in paragraph (13) of Code Section 10-5-9, for his own account. (2) A registration statement under this subsection shall be signed by the issuer, its chief executive officer, its principal financial officer, its comptroller or principal accounting officer, and a majority of the board of directors or persons performing similar functions (or, if there is no board of directors or persons performing similar functions, by the majority of the persons or

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board having the power of management of the issuer). If the issuer is not a corporation registered with the Secretary of State, the registration statement shall also include a copy of the issuer's articles of incorporation and bylaws or their substantial equivalents, as currently in effect, and a copy of any indenture or similar instrument relating to the security to be registered. (3) A prospectus, a copy of which shall be contained in the registration statement, shall be delivered to any purchaser of securities registered pursuant to this subsection prior to or simultaneously with the execution by the purchaser of a written agreement to purchase, the delivery of a confirmation of sale, or the payment for securities offered by means of such prospectus, whichever occurs first. The prospectus under which securities registered pursuant to this subsection are sold shall contain the following: (A) With respect to the issuer: its name, street address, form of organization, and its telephone number; the state or foreign jurisdiction and date of its organization; a brief description of the type and location of its business; (B) The following financial statements which may, but need not, be certified: (i) A balance sheet of the issuer or a consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within 90 days prior to the filing of the registration statement; and (ii) A profit and loss statement of the issuer or consolidated statements of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles for each of the two fiscal years preceding the date of the balance sheet filed and for the interim period, if any, between the close of the most recent of such fiscal years and the date of the balance sheet filed and for the corresponding period of the preceding year or, if the issuer and its predecessors have been in existence for less than two fiscal years, the profit and loss statement for the periods for which it has been in existence; provided, however, if the issuer does not report its

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accounts in the normal course of its business on a consolidated basis, then it may furnish, in lieu of consolidated statements, individual statements for it and its majority owned subsidiaries; (C) The information set forth in subparagraphs (c)(1)(I), (c)(1)(J), and (c)(1)(P) of this Code section; (D) With respect to every officer and director of the issuer or person occupying a similar status or performing similar functions and with respect to every affiliate of the issuer, a description of: all securities of the issuer and its subsidiaries which are beneficially owned or expected to be beneficially owned, and the amount and type of consideration which was or will be given for such securities, and any material interest in any other material transactions with the issuer or any significant subsidiary of the issuer effected within the past three years or expected to be effected; and (E) Any additional information which is needed to comply with Code Section 10-5-12 and which is not otherwise disclosed to the purchaser. (4) The commissioner shall be authorized to accept a prospectus prepared by the issuer if the prospectus has been subjected to an examination which, in the discretion of the commissioner, is equal to or greater than the examination provided by the commissioner. (5) Registration statements filed pursuant to this subsection will become effective if no stop order is in effect and no proceeding is pending under Code Section 10-5-16, at 3:00 P.M. eastern standard time or eastern daylight time, whichever is applicable of the tenth full business day after the filing of the registration statement or at such earlier time as the commissioner orders. (6) Preliminary negotiations and agreements in contemplation of a registration and sale of a security pursuant to this subsection shall not constitute an `offer to sell,' `offer for sale,' `offer,' or `sale' of a security for the purposes of this Code section unless, before a registration statement relating thereto is effective, the seller receives some consideration for such security, a contract

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for sale of such security is executed, or the security is sold. Purchasers of securities registered pursuant to this subsection shall have the right to rescind such purchases on the terms and conditions set forth in paragraph (4) of subsection (b) of this Code section. (7) In case any of the financial statements contained in the registration statement filed under this subsection are certified, they shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. (8) If any accountant, attorney, engineer, or appraiser or any person whose profession gives authority to a statement made by him is named in the registration statement as having prepared an opinion referred to in the registration statement or as having certified any part of the registration statement or is named as having prepared or certified a report of valuation for use in connection with the registration statement, the written consent of such person to the references to him in the registration statement shall be filed with the commissioner prior to the effectiveness of the registration statement. (9) The commissioner shall be authorized to participate in any program designed to promote and achieve compatibility with federal law and uniformity among the states and to promulgate such rules and regulations as may be necessary to achieve such compatibility and uniformity. (10) The commissioner shall treat as confidential and not subject to public inspection all material filed by or on behalf of the issuer pursuant to this subsection unless he shall determine that such treatment is not consistent with the public interest, in which case he may make public such of the filed information as he may deem necessary for protection of the public interest. (11) The commissioner may modify any legend required by this subsection to conform to standardized legends, but any modification shall ensure that the legend contains substantially the same information required by this chapter. Section 4 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 10-5-6, relating to registration

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of securities, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Every person registering securities pursuant to subsection (b), (d), or (e) of Code Section 10-5-5 shall pay a filing fee of one-twentieth of 1 percent of the maximum aggregate offering price at which the registered securities are to be offered in this state; but the fee shall not be less than $250.00. When a registration statement is withdrawn before the effective date or before a preeffective stop order is entered under Code Section 10-5-7, the commissioner shall retain $250.00 and return the remainder of the fee, if any, to the applicant. Section 5 . Said chapter is further amended by striking in its entirety subparagraph (B) and subparagraph (C) of paragraph (13) of Code Section 10-5-9, relating to exempt transactions, which read as follows: (B) Such securities are not offered for sale by means of publicly disseminated advertisements or sales literature; (C) Any certificate or certificates representing such securities are marked for a period of one year from the date of such issuance or sale to indicate clearly that they were issued or sold in reliance on this exemption and that they cannot be sold or transferred except in a transaction which is exempt under this chapter or pursuant to an effective registration statement under this chapter or in a transaction which is otherwise in compliance with this chapter; and, and inserting in lieu thereof new subparagraphs to read as follows: (B) Such securities are not offered for sale by means of any form of general or public solicitations or advertisements, including, but not limited to the following: (i) Publicly disseminated advertisements or sales literature, through the mails or otherwise; (ii) Any advertisement, article, notice, or other communication published in any newspaper, magazine, or other similar media, or broadcast over television or radio; or (iii) Any seminar or meeting whose attendees have been invited by any general solicitation or general advertising;

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(C) Any certificate or certificates or other documents representing or evidencing the securities or, in the event there are no such certificates or documents, the limited partnership agreement or other similar document creating the securities shall, for a period of one year from the date of such issuance or sale, contain a legend similar to the following: `THESE SECURITIES HAVE BEEN ISSUED OR SOLD IN RELIANCE ON PARAGRAPH (13) OF CODE SECTION 10-5-9 OF THE GEORGIA SECURITIES ACT OF 1973, AND MAY NOT BE SOLD OR TRANSFERRED EXCEPT IN A TRANSACTION WHICH IS EXEMPT UNDER SUCH ACT OR PURSUANT TO AN EFFECTIVE REGISTRATION UNDER SUCH ACT.'; and 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, 1984. COMPOSITION OF STATE BOARD OF REGISTRATION FOR USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE DEALERS CHANGED. Code Section 43-48-3 Amended. No. 885 (House Bill No. 1165). AN ACT To amend Code Section 43-48-3 of the Official Code of Georgia Annotated, relating to the composition of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage

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Dealers, so as to change the composition of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 43-48-3 of the Official Code of Georgia Annotated, relating to the composition of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, is amended by striking in its entirety subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows: (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, salvage pool dealers, and motor vehicle insurers. At least two members shall not be associated with any of these businesses. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. SHERIFFSCOUNTIES GRANTED AUTHORITY TO CREATE MERIT BOARDS TO DECIDE APPEALS FROM DISCIPLINARY ACTIONS. Code Section 15-16-28 Enacted. No. 886 (House Bill No. 1191). AN ACT To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that in any county

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there may be created by local Act of the General Assembly a merit board to hear and decide appeals from disciplinary actions against deputies and other employees of the sheriff of the county; to provide that no such merit board or appeals procedure shall become effective until approved and adopted by the sheriff; to provide for 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 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by adding a new Code Section 15-16-28 to read as follows: 15-16-28. In any county there may be created by local Act of the General Assembly a merit board to hear and decide appeals from disciplinary actions against deputies and other employees of the sheriff of the county; provided, however, that no such merit board or appeals procedure shall become effective until approved and adopted by the sheriff. Section 2 . This Act shall become effective upon its approval by 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, 1984. GAME AND FISH LAWS AMENDED. Code Title 27 Amended. No. 887 (House Bill No. 1195). AN ACT To amend Title 27 of the Official Code of Georgia Annotated,

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relating to game and fish, so as to include nutria among the nongame species that may be taken for certain purposes; to require hunting licenses for participants in any field or retrieval trial not recognized by a nationally registered field trailing organization; to allow the killing of pen raised mallard ducks in permitted field trials; to limit persons training hunting dogs to the use of handguns using blank ammunition or shot cartridges; to clarify the salt-water and fresh-water demarcation line; to prohibit the spearing of game fish and all species of catfish in the fresh waters of this state; to delete Edmundson Pond from those impoundments where fishing is prohibited from 30 minutes after sunset to 30 minutes before sunrise; to delete Lake Conasauga from the list of trout waters without seasons; to establish a limit for striped and hybrid bass taken in waters covered by this state's reciprocal agreement with Florida; to include Richard B. Russell Lake in the waters covered by this state's reciprocal agreement with South Carolina and to make such inclusion effective at such time as South Carolina takes similar action; to clarify the limit for striped bass and striped-white bass hybrid that may be taken from the waters covered by this state's reciprocal agreement with South Carolina; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking paragraphs (12) and (13) of subsection (a) of Code Section 27-1-28, relating to the taking of nongame species, in their entirety and inserting in lieu thereof new paragraphs (12), (13), and (14) to read as follows: (12) Fresh-water crayfish; (13) Fresh-water mussels; and (14) Nutria. Section 2 . Said title is further amended by striking subsection (b) of Code Section 27-2-21, relating to field and retriever trial permits, in its entirety and substituting in lieu thereof new subsections (b), (c), and (d) to read as follows:

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(b) It shall be unlawful for any person to participate in a field or retriever trial unless a permit for such trial has been issued by the department and unless the person is registered as a participant in the trial. (c) All persons participating in a field or retriever trial will be required to have an appropriate resident or nonresident hunting license unless the field or retriever trial is recognized by a nationally registered field trialing organization. (d) Notwithstanding any other provision of this Code section, properly marked pen raised mallard ducks may be killed by any person registered as a participant in a permitted field trial. Section 3 . Said title is further amended by striking subsection (a) of Code Section 27-3-16, relating to hunting with dogs and training of hunting dogs, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) It shall be unlawful for any person to have in his possession any firearms, axes, climbers, or other equipment for taking game while training hunting dogs, provided that handguns with blank ammunition or shot cartridges may be used for training hunting dogs. Section 4 . Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 27-4-1, relating to the salt-water and fresh-water demarcation line, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) The point at which U.S. Highway 17 crosses the following bodies of water and their tributaries shall be the line of demarcation for them: St. Mary's River, Satilla River, South Altamaha River, Champney River, Butler River, Darien River, Little Ogeechee System (except Salt Creek), North Newport River, Medway River, Big Ogeechee River, and Savannah River. All water seaward of these points shall be considered salt water; and. Section 5 . Said title is further amended by striking Code Section 27-4-33, relating to the spearing of fish, in its entirety and substituting in lieu thereof a new Code Section 27-4-33 to read as follows:

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27-4-33. It shall be unlawful to spear game fish and all species of catfish in the fresh waters of this state; provided, however, other species of nongame fish may be speared solely for the purpose of sport, provided the person engaged in the act of spearing is completely submerged. `Spearing' as used in this Code section shall be limited to the use of a spear or similar instrument that is held in the hand of the person using the same and the use of a weapon other than a firearm which propels or forces a projectile or similar device therefrom, to which a wire, rope, line, cord, or other means of recovering the projectile or similar device is attached, which wire, rope, line, cord, or other means is secured to the weapon or the person using the weapon. It shall also be unlawful for any person to engage in the spearing of nongame fish in the fresh waters of this state without a resident or nonresident fishing license as provided in Code Section 27-2-23. Section 6 . Said title is further amended by striking subsection (b) of Code Section 27-4-51, relating to hours for trout fishing, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) It shall be unlawful to fish between 30 minutes after sunset and 30 minutes before sunrise in Dockery Lake and Rock Creek Lake. Fishing during such time is permitted in all other impoundments. Section 7 . Said title is further amended by striking paragraph (17.1) of Code Section 27-4-52, relating to trout waters without seasons, which reads as follows: (17.1) Murray County: (A) Lake Conasauga; , in its entirety. Section 8 . Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 27-4-231, relating to the reciprocal agreement with Florida, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than six striped bass and more than six striped-white

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bass hybrids from the waters described in subsection (a) of this Code section. Section 9 . Said title is further amended by striking subsection (a) of Code Section 27-4-233, relating to the reciprocal agreement with South Carolina, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The agreement described in this Code section shall cover all channels of the Savannah River from its mouth to the confluence of the Tugaloo (Toogaloo) and Seneca rivers; the Tugaloo (Toogaloo) River from its mouth to the confluence of the Tallulah River and the Chattooga River; and Chattooga River to the point where it intersects with the thirty-fifth parallel of north latitude, which is the boundary line between Georgia and North Carolina. This agreement is also applicable to the Clark Hill Reservoir, Richard B. Russell Lake, the Hartwell Reservoir, Yonah Lake, Tugaloo (Toogaloo) Lake, Stevens Creek Lake, and the New Savannah Bluff Lock and Dam but is not applicable to any tributary streams to such impoundments nor to tributary streams of the Savannah, Tugaloo (Toogaloo), and Chattooga rivers. The inclusion of Richard B. Russell Lake in this agreement will be effective at such time that the State of South Carolina takes similar action. Section 10 . Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 27-4-233, relating to the reciprocal agreement with South Carolina, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) It shall be unlawful for any person to possess more than 40 in the aggregate of all game fish except channel and flathead catfish. It shall also be unlawful for any person to possess more than ten in the aggregate of striped bass and striped-white bass hybrid from the waters described in subsection (a) of this Code section. It shall be unlawful to possess more than ten in the aggregate of largemouth, spotted, or Coosa bass and more than eight in the aggregate of trout. No person may possess in either state more fish than permitted by that state even though the fish may have been caught in the waters of the other state. Section 11 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. DOMESTIC RELATIONSCOPY OF EX PARTE ORDER TO BE FURNISHED PETITIONER IN CERTAIN CASES. Code Section 19-13-3 Amended. No. 888 (House Bill No. 1213). AN ACT To amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to petitions for relief from family violence, so as to provide that a copy of any ex parte order shall be immediately furnished by the clerk of superior court to the petitioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to petitions for relief from family violence, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) Upon the filing of a verified petition in which the petitioner alleges a substantial likelihood of immediate danger of family violence, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from violence. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. STATE EMPLOYEES HEALTH INSURANCE PLANINCLUSION OF EMPLOYEES OF GEORGIA DEVELOPMENT AUTHORITY IN PLAN. Code Section 45-18-7.1 Enacted. No. 889 (House Bill No. 1217). AN ACT To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the State Personnel Board to contract with the Georgia Development Authority for the inclusion in the health insurance plan of employees of the authority and their spouses and dependent children; to provide for regulations; to provide for contributions; to provide for 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by adding, following Code Section 45-18-7, a new Code Section 45-18-7.1 to read as follows: 45-18-7.1. The board is authorized to contract with the Georgia Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Development Authority and their spouses and dependent children, as defined by the regulations of the board. It

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shall be the duty of the Georgia Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Development Authority to make the employer contributions required for the operation of such plan or plans. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. VETERINARIANS AND REGISTERED ANIMAL TECHNICIANSEXEMPTION OF CERTAIN APPLICANTS FROM EXAMINATION. Code Section 43-50-52 Amended. No. 890 (House Bill No. 1232). AN ACT To amend Code Section 43-50-52 of the Official Code of Georgia Annotated, relating to applications for registration as veterinary technicians and examinations and exemptions from examinations therefor, so as to change the provisions relating to exemptions of certain applicants from the examination and certain other requirements for certification as registered animal technicians; to provide for 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 43-50-52 of the Official Code of Georgia Annotated, relating to applications for registration as veterinary technicians and examinations and exemptions from examinations therefor, is amended by striking subsections (b) and (c) of said Code section in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) Until January 1, 1984, any person who has been at any time certified as a registered animal technician and has had three years' experience of employment as a registered animal technician shall upon application be registered as a veterinary technician without examination and without meeting the requirements of paragraphs (1) and (2) of subsection (a) of this Code section. (c) Any person who immediately prior to July 1, 1983, was currently certified as a registered animal technician shall be entitled to be registered as a veterinary technician and to have such certification renewed without examination and without meeting any requirements of paragraphs (1) and (2) of subsection (a) 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 15, 1984.

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GAME AND FISHPUNISHMENT FOR HUNTING ON PRIVATE LANDS WITHOUT PERMISSION. Code Section 27-3-1 Amended. No. 891 (House Bill No. 1250). AN ACT To amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to regulation of hunting in general, so as to provide that under certain conditions it shall be unlawful to hunt upon lands belonging to another person without obtaining and carrying written authorization from the owner; to provide for criminal punishment of violations; to provide limitations on the civil liability of an owner or lessee giving such permission; to provide for related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to regulation of hunting in general, is amended by striking Code Section 27-3-1, which reads as follows: 27-3-1. (a) It shall be unlawful for any person to hunt upon the lands of another or enter upon the lands of another in pursuit of wildlife, with or without a license, without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land. (b) If the land is so posted, this permission shall be in writing and carried on the person hunting or pursuing wildlife upon the lands of another. (c) It shall be the duty of conservation rangers, sheriffs, and deputy sheriffs to enforce this Code section., and substituting in lieu thereof a new Code section to read as follows:

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27-3-1. (a) It shall be unlawful for any person to hunt upon the lands of another or enter upon the lands of another in pursuit of wildlife, with or without a license, without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land. Such permission shall not be required, however, if the person hunting or a member of the person's family is the owner of the land, the lessee of the land, or the lessee of the game rights of the land. For the purposes of this Code section only, `family' means mother, father, son, daughter, brother, sister, uncle, aunt, son-in-law, daughter-in-law, niece, nephew, grandson, granddaughter, grandmother, grandfather, or spouse. (b) If the land is posted and if the owner of the land, lessee of the land, or lessee of the game rights of the land has informed a law enforcement agency that permission to hunt upon the land must be in writing, then the permission required by subsection (a) of this Code section must be in writing and must be carried on the hunter's person. (c) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $250.00. Any person who violates subsection (a) or (b) of this Code section for the second or subsequent time within a two-year period shall be punished by a fine of not less than $500.00; and the department shall revoke the right of such person to a hunting license for a period of one year for each such second or subsequent conviction within a two-year period. The minimum fines and revocation periods specified in this subsection shall not apply, however, to an offender who is 17 years of age or younger. (d) It shall be the duty of any peace officer whose duty it is to preserve the peace or make arrests or enforce the law to enforce this Code section. (e) Any owner of land, lessee of land, or lessee of the game rights to land who gives permission to another person to hunt upon the land with or without charge shall be entitled to the same protection from civil liability provided by Article 2 of Chapter 3 of Title 51 for landowners who allow the public to use their land for recreational purposes without charge.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. ABANDONED MOTOR VEHICLESPERIOD OF TIME AUTHORIZING REMOVAL FROM PUBLIC PROPERTY. Code Title 40, Chapter 11 Amended. No. 892 (Senate Bill No. 101). AN ACT To amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change the number of days which must expire prior to a motor vehicle being deemed abandoned; 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 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking subparagraph (B) of paragraph (1) of Code Section 40-11-1, relating to definitions generally, in its entirety and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle; . Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 40-11-3, relating to peace officers removing

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vehicles from public property, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended does not intend to return and remove such motor vehicle. 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, 1984. GAME AND FISHADMINISTRATIVE PENALTIES FOR NEGLIGENT INJURY TO OR DEATH OF ANOTHER WHILE HUNTING. Code Section 27-2-25.1 Enacted. No. 893 (Senate Bill No. 106). AN ACT To amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting license or permit denial, so as to establish legislative intent and provide administrative penalties for persons who negligently injure or kill another person or persons while engaged in hunting; to define criminal activity and penalties therefor 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 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting license or permit denial, is amended by inserting after Code Section 27-2-25 a new Code Section 27-2-25.1 to read as follows: 27-2-25.1. (a) The General Assembly has heretofore found and declared that hunting is a privilege to be exercised only in accordance with the law granting such privilege. The General Assembly now specifically finds and declares that while the act of hunting is an enjoyable and beneficial form of recreation, it can be dangerous not only to the hunter himself but also to other persons if due care is not exercised. Therefore, the General Assembly declares that all persons who refuse or fail to exercise such due care shall have their hunting licenses suspended as provided in this Code section. (b) Any person engaged in the act of hunting who by the use of a weapon kills or injures another person or persons, whether or not such other person or persons are likewise engaged in the act of hunting, shall notify the department or any appropriate law enforcement officer who shall then notify the department immediately after such occurrence. Any person who fails so to notify the department or such law enforcement officer shall be guilty of a misdemeanor. (c) Upon notification of such a death or injury, whether by the hunter or by some other person, the department shall immediately initiate an investigation of such incident and submit a report to the commissioner. If the commissioner determines probable negligence on the part of the person causing the death or injury he shall initiate an administrative hearing before an administrative law judge (appointed by the board for a determination as to the issue of negligence and the extent of injury). (d) Upon the issuance of the notice of hearing, the administrative law judge shall also issue an order suspending such person's hunting license until the final decision of the board. Upon receipt of such order, such person shall immediately surrender his or her hunting license to the department. If, following the administrative hearing, there is a determination that such person was negligent and that such negligence was the proximate cause of the death or injury, the hunting license of such person may be suspended for a period of up to ten years and the negligent hunter shall be ordered to take a

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course of instruction in competency and safety in hunting and in the handling of weapons provided for in Code Section 27-2-5. The period of time that such license is suspended shall be commensurate with the degree of negligence and the severity of the injury. The provisions of Code Section 27-2-27 shall not be applicable to a suspension under this Code section. (e) Any person whose hunting license or permit has been suspended under this Code section and who engaged in the act of hunting during such period of suspension shall be guilty of a misdemeanor of a high and aggravated nature and shall be punishable by a fine of not more than $5,000.00 or by imprisonment for not more than 12 months, or both. (f) As used in this Code section, the term: (1) `License' means any and all licenses, permits, or stamps as required by law for hunting in this state. (2) `Suspend' means the suspension or revocation of any existing license or permit and the suspension or revocation of the privilege of obtaining any new license or permit. (g) The initial hearing before an administrative law judge appointed by the Board of Natural Resources and any judicial review shall be conducted in accordance with Chapter 13 of Title 50 and applicable rules and regulations of the board. (h) The proceedings provided for by this Code section shall be in addition to and not in lieu of any civil or criminal actions or actions provided for by law and the final decision of this proceeding shall not constitute res judicata as to any such civil or criminal action or actions and shall not be admissible as evidence in any such civil or criminal action or actions. Section 2 . This Act shall become effective upon its approval by 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, 1984.

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PROFESSIONS AND BUSINESSESSTATE EXAMINING BOARDSPOWERS, PROCEDURES, APPOINTMENT OF MEMBERS, ETC. Code Title 43, Chapter 1 Amended. No. 894 (Senate Bill No. 149). AN ACT To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding licensure of professions and businesses, so as to provide for Senate confirmation of appointees to state examining boards; to provide for removal and eligibility to vote of members of state examining boards; to provide for disciplinary sanctions and license denial by state examining boards and provide for subpoenas, hearings, investigations, and proceedings relating thereto; to provide for supplemental regulation of licensed professions and businesses; to provide for injunctive relief; to provide for release of information regarding investigations and sanctions; to provide for inactive status licenses; to delete certain requirements regarding filing, recording, and reporting of licenses; to provide immunity from liability for certain actions; to preserve the existing regulation of certain persons licensed by state examining boards and preserve existing laws and standards applicable to the relationship between these persons and those to whom they render certain services; to provide for applicability; to provide for rules and regulations; 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 43 of the Official Code of Georgia Annotated, relating to general provisions regarding licensure of professions and businesses, is amended by adding at the end thereof new Code Sections 43-1-16 through 43-1-25 to read as follows: 43-1-16. Each person appointed by the Governor as a member of a state examining board shall be confirmed by the Senate; and any such appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate.

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43-1-17. The Governor, after notice and opportunity for hearing, may remove from office any member of a state examining board for any of the following: (1) Inability or neglect to perform the duties required of members; (2) Incompetence; or (3) Dishonest conduct. 43-1-18. Without affecting the eligibility to vote of any other member of a state examining board, each consumer member of a state examining board shall be eligible to vote on all matters brought before that board. 43-1-19. (a) A state examining board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, 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 Code section, or under the laws, rules, or regulations under which licensure is sought or held; 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 a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive 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 country or in the courts of the United States; as used

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in this paragraph and paragraph (4) of 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 paragraph, 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) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing 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 a business or profession licensed under this title, 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 the licensed business or profession 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

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to conform to, the minimal reasonable standards of acceptable and prevailing practice of the business or profession licensed under this title; (7) 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 a state examining board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the state examining board regulating the business or profession licensed under this title, 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 a business or profession licensed under this title, 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; (9) 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; or (10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material. (b) The provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' with respect to emergency action by a state examining board and summary suspension of a license are adopted and incorporated by reference into this Code section.

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(c) For purposes of this Code section, a state examining board may obtain, through subpoena by the joint secretary, 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 a state examining 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 or the laws, rules, or regulations relating to the business or profession licensed by the board, 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; (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; or (7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the licensed business or profession. (e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, a state examining 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.

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(f) Initial judicial review of a final decision of a state examining board shall be had solely in the superior court of the county of domicile of the board. (g) In its discretion, a state examining 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 Code section or the laws relating to the licensed business or profession. (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 each state examining board, such investigations as he or the board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to businesses and professions licensed by that board. Any person properly conducting an investigation on behalf of a state examining 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 Code section or any other law relating to the practice of the licensed business or profession 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. (3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his capacity as licensee 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 person who

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received those services 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 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 a business or profession licensed under this title 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 a state examining board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding 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 the business or profession licensed by the board shall be immune from civil and criminal liability for so testifying. (j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denail of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license 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 after reasonable notice fails to appear at any hearing of the state examining board for that licensee or applicant, 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 decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant or served by certified mail, return receipt requested, to the last known address of record with the board. If such material is served by certified mail and is returned marked `unclaimed' or `refused' or is otherwise undeliverable

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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 or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of a board. A board may restore and reissue a license to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that 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) Regulation by a state examining board of a business or profession licensed under this title shall not exempt that business or profession from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975.' (o) Subsections (a), (d), and (e) of this Code section shall be supplemental to and shall not operate to prohibit any examining board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for that particular state examining board. In cases where those other provisions of law so authorize other disciplinary grounds and actions but subsections (a), (d), or (e) of this Code section limit such grounds or actions, those other provisions shall apply. 43-1-20. A state examining board, the joint-secretary, or the appropriate prosecuting attorney may bring an action to enjoin the unlicensed practice by any person of a profession or business required to be licensed by a state examining board. The action to restrain and enjoin such unlicensed practice shall be brought in the superior court of the county where the unlicensed person resides. It shall not be necessary to allege or prove that there is no adequate remedy at law to obtain an injunction under this Code section.

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43-1-21. The joint-secretary of the state examining boards is authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by that board or licensee of that board notwithstanding the provisions of subsection (h) of Code Section 43-1-19 or any other law to the contrary regarding the confidentiality of that information. 43-1-22. The joint-secretary of the state examining boards may provide for inactive status licenses for the various state examining boards. 43-1-23. No licensee of a state examining board shall be required to file or record his license with the clerk of the superior court, and no clerk shall be required to report the filing or recordation of any such license. 43-1-24. Any person licensed by a state examining board and who practices a `profession,' as defined in Chapter 7 of Title 14, the `Georgia Professional Corporation Act,' or who renders `professional services,' as defined in Chapter 10 of Title 14, `The Professional Association Act,' whether such person is practicing or rendering services as a proprietorship, partnership, professional corporation, professional association, other corporation, or any other business entity, shall remain subject to regulation by that state examining board, and such practice or rendering of services in that business entity shall not change the law or existing standards applicable to the relationship between that person rendering a professional service and the person receiving such service, including but not limited to the rules of privileged communication and the contract, tort, and other legal liabilities and professional relationships between such persons. 43-1-25. Except as provided in subsection (o) of Code Sections 43-1-19, Code Section 43-1-16 through 43-1-24 shall apply to all state examining boards and licenses thereunder, except the Georgia Real Estate Commission and its licensees, notwithstanding any other law to the contrary, and each such state examining board may promulgate rules and regulations to implement the authority provided by the applicability of said provisions to said boards. Section 2 . This Act shall become effective July 1, 1984.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. PROPERTYSPECIAL LIENS OF MECHANICSPROPERTY SUBJECTFILING. Code Section 44-14-363 Amended. No. 895 (Senate Bill No. 167). AN ACT To amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty generally, so as to provide that under certain circumstances liens on certain property shall be created; 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 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty generally, is amended by striking subsection (c) thereof and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) When possession of the property is surrendered to the debtor, the mechanic shall record his claim of lien within 90 days after the work is done and the material is furnished or, in the case of repairs made on or to aircraft or farm machinery, within 180 days after the work is done and the material is furnished. The claim of lien shall be recorded in the office of the clerk of the superior court of the county where the owner of the property resides. The claim shall be in substance as follows:

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`A.B., mechanic, claims a lien on(here describe the property) of C.B., for work done, material furnished, and storage accruing (as the case may be) in manufacturing, repairing, and storing (as the case may be) the same.' (2) If possession of the personal property subject to a special lien as provided in this Code section is surrendered to the debtor and if such special lien is not preserved by recording the claim of lien as provided in paragraph (1) of this subsection, the mechanic acquires a special lien on other personal property belonging to the debtor which comes into the possession of the mechanic, except that this sentence shall not apply to consumer goods which are being used by a consumer for personal, family, or household purposes or which have been bought by a consumer for use for personal, family, or household purposes. The special lien created by this paragraph shall be subject to the provisions of this Code section as to foreclosure and recording. Section 2 . This Act shall become effective upon its approval by 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, 1984. COURTSJUVENILE PROCEEDINGSPROTECTIVE ORDERS. Code Section 15-11-57 Amended. No. 896 (Senate Bill No. 232). 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

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provisions relating to protective orders; to provide for modification, extension, or termination of such protective orders; to provide for enforcement of protective orders; 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 15-11-57, which reads as follows: 15-11-57. On application of a party or on the court's own motion the court may make an order restraining or otherwise controlling the conduct of a person if: (1) An order of disposition of a delinquent, unruly, or deprived child has been or is about to be made in a proceeding under this chapter; (2) The court finds that the conduct: (A) Is or may be detrimental or harmful to the child; and (B) Will tend to defeat the execution of the order of disposition; and (3) Due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed., and inserting in lieu thereof a new Code Section 15-11-57 to read as follows: 15-11-57. (a) On application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if an order of disposition of a child has been or is about to be made in a proceeding under this chapter and due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person:

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(1) To stay away from the home or the child; (2) To permit a parent to visit the child at stated periods; (3) To abstain from offensive conduct against the child, his parent, or any person to whom custody of the child is awarded; (4) To give proper attention to the care of the home; (5) To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which the child is referred by the court; (6) To refrain from acts of commission or omission that tend to make the home not a proper place for the child; (7) To ensure that the child attends school pursuant to any valid law relating to compulsory attendance; and (8) To participate with the child in any counseling or treatment deemed necessary after consideration of employment and other family needs. (b) After notice and opportunity for hearing afforded to a person subject to a protective order, the order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby. (c) Protective orders may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of the child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him before the court. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984.

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COURTSJUDGES OF JUVENILE COURTSAPPOINTMENTCOMMISSIONING BY SECRETARY OF STATE. Code Title 15, Chapter 11, Title 21, Chapter 2, and Title 45, Chapter 3 Amended. No. 897 (Senate Bill No. 312). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the commissioning of juvenile court judges by the Secretary of State; to provide for submission of orders of appointment to the Secretary of State and the Council of Juvenile Court Judges; to provide for the submission of orders of appointment of referees to the Council of Juvenile Court Judges; to amend Code Section 21-2-502 of the Official Code of Georgia Annotated, relating to issuance of certificates of election, so as to provide for the issuance of certificates of election to certain judges of the juvenile court; to amend Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions, so as to provide for judges of the juvenile court to be commissioned under the great seal of state; to provide for applicability; 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 adding between Code Sections 15-11-3 and 15-11-4 a new Code section, to be designated Code Section 15-11-3.1, to read as follows: 15-11-3.1. (a) Whenever a juvenile court judge is appointed pursuant to Code Section 15-11-3, it shall be the duty of the clerk of the superior court to forward to the Secretary of State and to the Council of Juvenile Court Judges a certified copy of the order of appointment. The order of appointment shall set out the name of the person appointed, the term of office, the effective date of the appointment, the name of the person being succeeded, if any, and whether the office was vacated by resignation, death, or otherwise. Upon receipt of said order, the Secretary of State shall issue a commission as for superior court judges.

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(b) Whenever a referee is appointed to serve in a juvenile court, the clerk of the court shall forward a certified copy of the order of appointment to the Council of Juvenile Court Judges. Section 2 . Code Section 21-2-502 of the Official Code of Georgia Annotated, relating to issuance of certificates of election, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Upon completion of the tabulation the Secretary of State shall certify the result of each election of Justices of the Supreme Court, of Judges of the Court of Appeals, of Commissioners of the Georgia Public Service Commission, of judges of the superior court, of judges of the juvenile court where elected, and of district attorneys to the Governor and shall issue a certificate of election to each person so elected. The Governor shall, upon their taking the oath of office, immediately issue a commission under the great seal of the State of Georgia, signed by the Governor and countersigned by the Secretary of State, to each such person. Section 3 . Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to officers commissioned under great seal of state, is amended by striking in its entirety Code Section 45-3-30, relating to officers commissioned under great seal of state, and inserting in lieu thereof a new Code Section 45-3-30 to read as follows: 45-3-30. The commissions of the following officers shall have annexed thereto the great seal of the state, and shall be signed by the Governor and countersigned by the Secretary of State, namely: senators and representatives in Congress, Justices of the Supreme Court, Judges of the Court of Appeals, superior courts, and juvenile courts, Attorney General, district attorneys, reporter of the Supreme Court and Court of Appeals, Secretary of State, Commissioner of Insurance, and all military officers of the grade of general. The commissions of all federal and judicial officers enumerated above shall be on parchment. Section 4 . This Act shall apply to judges of the juvenile court elected or appointed after July 1, 1984.

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Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. CHILD SUPPORT RECOVERY ACTPROVISIONS RELATING TO FEES CHARGED FOR SUPPORT ENFORCEMENT SERVICES REPEALED. Code Section 19-11-8(c) Repealed. No. 898 (Senate Bill No. 409). 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 repeal provisions relating to fees charged to applicants for support enforcement 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 . Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the Child Support Recovery Act, is amended by striking in its entirety subsection (c) of Code Section 19-11-8, relating to support enforcement services, which subsection reads 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

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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 2 . This Act shall become effective upon its approval by 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, 1984. GAME AND FISHFALCONRY PERMITSHUNTING OF FERAL HOGS REGULATED. Code Title 27, Chapters 2 and 3 Amended. No. 899 (Senate Bill No. 415). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the classification and issuance of falconry permits; to provide for the issuance of raptor propagation permits; to provide restrictions on the hunting of feral hogs; to prohibit certain activities in the hunting of feral hogs; to prohibit hunting feral hogs on the land of another without permission; to prohibit hunting feral hogs on baited fields or from a vehicle; to prohibit hunting feral hogs with certain lights; to require hunters to wear certain clothing at certain times; to authorize the Board of

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Natural Resources by rules or regulations to regulate or control the hunting or taking of feral hogs on wildlife management areas; 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 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subsection (b) of Code Section 27-2-17, relating to falconry permits and activities, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) There shall be three classes of falconry permits: apprentice, general, and master. Prior to the issuance of any falconry permit, the applicant shall be required to answer correctly 80 percent of the questions on an examination administered by the department relating to the basic biology, care, and handling of raptors; the literature on raptors; and the laws and regulations pertaining to raptors. Permits to take, transport, or possess raptors shall be issued in accordance with the standards, requirements, and limitations set forth in 50 CFR Parts 17 and 21, as amended through February 1, 1984. Section 2 . Said title is further amended by adding at the end of Code Section 27-2-17, relating to falconry permits and activities, a new subsection (t) to read as follows: (t) The department may issue raptor propagation permits subject to the standards, requirements, and limitations set forth in 50 CFR Section 21.30, as amended through February 1, 1984. All applications must be made in writing and submitted together with a completed application for a federal raptor propagation permit prepared in accordance with 50 CFR Section 21.30, as amended through February 1, 1984. Section 3 . Said title is further amended by adding at the end of Part 1 of Article 1 of Chapter 3 of Title 27, relating to general provisions applicable to hunting wildlife, a new Code Section 27-3-24 to read as follows: 27-3-24. (a) It shall be unlawful to hunt, or engage in the hunting of, feral hogs:

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(1) Upon the lands of another or enter upon the lands of another in pursuit of feral hogs without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land; (2) Upon any land which is posted without having the permission required by paragraph (1) of this Code section in writing and carried upon the person; (3) Upon, over, around, or near any land or place upon which any corn, wheat, or other grains, salts, apples, or other feeds or bait which would constitute a lure, attraction, or enticement for any feral hog has been placed, exposed, deposited, distributed, or scattered or upon, over, around, or near any such place for a period of ten days following the complete removal of all such feed or bait; provided, however, this paragraph shall not prohibit the use of bait described in this paragraph for the purpose of trapping feral hogs or hunting feral hogs by means other than a firearm or bow and arrow; (4) From within a vehicle or while riding on a vehicle at night and with the use of a light; (5) At night with a light, except that a light which does not exceed six volts or a fuel-type lantern may be carried on the person of a hunter and used for locating feral hogs; or (6) During the firearms deer season unless the hunter and each person accompanying the hunter are wearing a total of at least 500 square inches of daylight fluorescent orange material as an outer garment and such material or garment is worn above the waistline, and may include a head covering. (b) The Board of Natural Resources is authorized by rules or regulations to control and regulate the hunting or taking of feral hogs on wildlife management areas. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984.

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VOCATIONAL EDUCATIONVOCATIONAL TECHNICAL SCHOOLS OPERATED BY LOCAL SCHOOL BOARDS AUTHORIZED TO CHARGE TUITION FEES. Code Section 20-4-100 Enacted. No. 900 (Senate Bill No. 436). AN ACT To amend Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational education, so as to provide that vocational-technical schools operated by local boards of education and independent boards of trustees shall be authorized to charge tuition fees; to provide that the State Board of Education and the State Department of Education shall not withhold from such schools any funds to which they would otherwise be entitled if they did not charge tuition fees; to provide for 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 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational education, is amended by adding a new Article 5 to read as follows: ARTICLE 5 20-4-100. (a) The Board of Postsecondary Vocational Education is authorized and directed to promulgate rules and regulations for the charging of tuition fees by vocational-technical schools operated by local boards of education and independent boards of trustees. (b) Any vocational-technical school operated by a local board of education or an independent board of trustees shall be authorized to charge tuition fees in conformity with the rules and regulations promulgated by the Board of Postsecondary Vocational Education. (c) The Board of Postsecondary Vocational Education may from time to time amend its rules and regulations concerning charging of tuition fees.

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(d) Tuition fees charged by vocational-technical schools operated by local boards of education and independent boards of trustees shall not be used to supplant existing state or local funding but shall be used to provide facilities and services not funded from existing state and local sources. (e) The State Board of Education and the State Department of Education shall not withhold from any vocational-technical school which charges tuition fees as authorized by this Code section any funds which would otherwise be payable by the board or department to such school by contract, grant, or otherwise. Section 2 . This Act shall become effective upon its approval by 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, 1984. LIENSDISPOSITION OF ANIMALS OR PETS DEEMED ABANDONED UPON FAILURE OF OWNER TO PAY CHARGES FOR SERVICES. Code Title 44, Chapter 14 Amended. No. 901 (Senate Bill No. 440). AN ACT To amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide when an animal or pet shall be deemed abandoned; to authorize certain persons to dispose of abandoned animals or pets; to provide for the manner in which animals or pets may be disposed of; to provide that disposing of an animal or pet shall not constitute a

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violation of Code Section 16-12-4 of the Official Code of Georgia Annotated, relating to cruelty to animals; 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 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, is amended by striking in its entirety Code Section 44-14-491 which reads as follows: 44-14-491. (a) If the charges due for the services named in Code Section 44-14-490 are not paid within ten days after the demand therefor on the owner of the animal or pet, which demand shall be made in person or by registered or certified mail with return receipt requested and addressed to the owner at the address given when the animal or pet was delivered, with the receipt having been returned by the United States postal authorities, the licensed veterinarian or operator of a facility is authorized to sell the animal or pet either at public or private sale. If he does not succeed in selling the animal or pet, he is authorized to dispose of the animal or pet in any manner that he deems proper or to turn the animal or pet over to the nearest humane society or dog pound in the area for disposal as such custodian may deem proper. (b) The giving of notice to the owner as provided for in subsection (a) of this Code section shall relieve the licensed veterinarian, the operator of a facility for boarding animals or pets, or any custodian to whom such animal or pet may be given of any further liability for disposal. (c) Failure of the owner of any such animal or pet to receive the demand by registered or certified mail provided for in this Code section shall not render the licensed veterinarian or operator of a facility liable to the owner of such animal or pet for the disposal thereof in any manner provided in this Code section., and inserting in lieu thereof a new Code Section 44-14-491 to read as follows: 44-14-491. (a) If the charges due for the services named in Code Section 44-14-490 are not paid within ten days after the demand therefor on the owner of the animal or pet, which demand shall be made in person or by registered or certified mail with return receipt

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requested and addressed to the owner at the address given when the animal or pet was delivered, with the receipt having been returned by the United States postal authorities, the animal or pet shall be deemed to be abandoned and the licensed veterinarian or operator of a facility is authorized to dispose of the animal or pet in such manner as he shall determine. For purposes of this subsection, the term `dispose of' means, but is not limited to, selling the animal or pet at public or private sale, giving the animal or pet away, turning the animal or pet over to any humane society or dog pound or other such facility, or destroying the animal or pet by accepted veterinary means. (b) The giving of notice to the owner as provided for in subsection (a) of this Code section shall relieve the licensed veterinarian, the operator of a facility for boarding animals or pets, or any custodian who disposes of such animal or pet of any further liability for such disposal. (c) Failure of the owner of any such animal or pet to receive the demand by registered or certified mail provided for in this Code section shall not render the licensed veterinarian or operator of a facility liable to the owner of such animal or pet for the disposal thereof in any manner provided in this Code section. Section 2 . Said part is further amended by adding at the end thereof a new Code section to read as follows: 44-14-494. It shall not constitute a violation of Code Section 16-12-4, relating to cruelty to animals, if a licensed veterinarian or an operator of a facility for boarding animals or pets disposes of an animal or pet as provided in Code Section 44-14-491. 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 in conflict with this Act are repealed. Approved March 15, 1984.

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DISPOSITION OF UNCLAIMED PROPERTY ACT AMENDED. Code Title 44, Chapter 12 Amended. No. 902 (Senate Bill No. 445). AN ACT To amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, known as the Disposition of Unclaimed Property Act, so as to state clearly when undistributed dividends and distributions of business associations are presumed abandoned; to alter the amount property must be worth in certain instances; to eliminate the requirement for the commissioner of revenue to mail certain notices to owners; to provide for a time limit in which a claim against the property must be filed; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, known as the Disposition of Unclaimed Property Act, is amended by striking subsection (a) of Code Section 44-12-196, relating to when undistributed dividends and distributions of business associations are presumed abandoned, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any stock or other certificate of ownership or any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to a shareholder, certificate holder, member, bondholder, or other securityholder or a participating patron of a cooperative who has not claimed it nor corresponded in writing with the business association concerning it within seven years after the date prescribed for payment or delivery is presumed abandoned if: (1) It is held or owing by a business association organized under the laws of or created in this state; or (2) It is held or owing by a business association which does business in this state but is not organized under the laws of this

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state or created in this state and the records of the business association indicate that the last known address of the person entitled thereto is in this state. Section 2 . Said article is further amended by striking subsection (a) of Code Section 44-12-202, relating to reports of certain abandoned property, with whom filed, contents, time of filing, and duty to search for owner if whereabouts unknown, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Every person holding funds or other property, tangible or intangible, presumed abandoned under Code Sections 44-12-194 through 44-12-200 shall report to the state revenue commissioner with respect to the property. The report shall be verified and shall include: (1) The name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property worth $50.00 or more which is presumed abandoned under this article; (2) In case of unclaimed funds of insurance corporations, the full name of the insured, annuitant, principal, or claimant and his last known address according to the insurance corporation's records; (3) The nature and identifying number, if any, or a description of the property and the amount appearing from the records to be due, except that items of value under $50.00 each may be reported in aggregate; (4) The date when the property became payable, demandable, or returnable and the date of the last transaction with the owner with respect to the property; and (5) Any other information which the state revenue commissioner prescribes by rule as necessary for the administration of this article. Section 3 . Said article is further amended by striking subsection (a) of Code Section 44-12-203, relating to reports of abandoned property held by banking or financial organizations, with whom filed, time for filing, duty to search for owner if whereabouts unknown, and

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service charges, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Every person holding funds or other property, tangible or intangible, which is presumed abandoned under Code Section 44-12-193 and every banking or financial organization holding funds or other property, tangible or intangible, presumed abandoned under Code Section 44-12-198 shall report to the state revenue commissioner with respect to the property. The report shall be verified and shall include: (1) The name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property worth $50.00 or more which is presumed abandoned under Code Section 44-12-193 or 44-12-198; (2) The date when the property became payable, demandable, or returnable and the date of the last transaction with the owner with respect to the property; and (3) Any other information which the state revenue commissioner prescribes by rule as necessary for the administration of this Code section. Section 4 . Said article is further amended by striking Code Section 44-12-204, relating to notice and publication of lists of abandoned property and contents, in its entirety and substituting in lieu thereof a new Code Section 44-12-204 to read as follows: 44-12-204. (a) Within 120 days from the filing of the report required by Code Section 44-12-202 or 44-12-203, the state revenue commissioner shall cause notice to be published at least once each week for two successive weeks in an English language newspaper of general circulation in the county in this state in which is located the last known address of any person to be named in the notice. If no address is listed or if the address is outside of this state, the notice shall be published in the county in which the holder of the abandoned property has his principal place of business within this state. (b) The published notice shall be entitled `Notice of Names of Persons Appearing to be Owners of Abandoned Property' and shall contain:

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(1) The names, in alphabetical order, and last known addresses, if any, of persons listed in the report and entitled to notice within the county; (2) A statement that information concerning the amount or description of the property and the name and address of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the state revenue commissioner; and (3) A statement that, if proof of claim is not presented by the owner to the holder and if the owner's right to receive the property is not established to the holder's satisfaction within 65 days from the date of the second published notice, the abandoned property will be placed, not later than 85 days after such publication date, in the custody of the state revenue commissioner, to whom all further claims must thereafter be directed. (c) The state revenue commissioner is not required to publish in such notice any item worth less than $50.00 unless he deems such publication to be in the public interest. Section 5 . Said article is further amended by striking Code Section 44-12-211, relating to claims for abandoned property paid or delivered to the state, in its entirety and substituting in lieu thereof a new Code Section 44-12-211 to read as follows: 44-12-211. Any person claiming an interest in any property delivered to the state under this article may file a claim to the property or to the proceeds from the sale of the property on the form prescribed by the state revenue commissioner, within seven years from the date of escheatment of the property to the state revenue commissioner. Section 6 . This Act shall become effective on July 1, 1984. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984.

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SHERIFFSANNUAL TRAINING REQUIREMENTSEXEMPTIONS IN CERTAIN CASES. Code Section 15-16-1 Amended. No. 903 (Senate Bill No. 452). AN ACT To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to qualifications and training requirements for sheriffs, so as to provide for exemptions under certain circumstances for sheriffs who are unable to comply with the annual training requirements specified by law due to medical disability or providential cause; to provide certain procedures; to provide for a certain exception; 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 16 of Title 15 of the Official Code of Georgia Annotated, relating to qualifications and training requirements for sheriffs, is amended by striking in its entirety subsection (f) of Code Section 15-16-1 and inserting in lieu thereof a new subsection (f) to read as follows: (f) (1) From and after January 1, 1980, no person shall be eligible to hold the office of sheriff unless he attends a minimum of 20 hours' training annually as may be selected by the Georgia Sheriffs' Association. (2) The basis for the minimum annual requirement of inservice training shall be the calendar year. Sheriffs who satisfactorily complete the basic course of training in accordance with the provisions of this chapter after April 1 in any calendar year shall be excused from the minimum annual training requirement for the calendar year during which the basic course is completed. (3) A waiver of the requirement of minimum annual inservice training may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a sheriff that he was unable to complete

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such training due to medical disability, providential cause, or other reason deemed sufficient by the council. (4) Any person who fails to complete the minimum annual in-service training required under this Code section shall not perform any of the duties of sheriff involving the power of arrest until such training shall have been successfully completed, irrespective of any waiver which may be granted. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without this approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. LIMITATION OF ACTIONSPROVISIONS RELATING TO RIGHTS OF PERSONS IMPRISONED CHANGED. Code Section 9-3-90 Amended. No. 904 (Senate Bill No. 463). AN ACT To amend Code Section 9-3-90 of the Official Code of Georgia Annotated, relating to limitations of actions accruing to minors, persons who are legally incompetent, and persons imprisoned, so as to change the provisions relating to persons imprisoned; to provide that certain actions shall not be revived or extinguished; 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 9-3-90 of the Official Code of Georgia Annotated, relating to limitations of actions accruing to minors, persons who are legally incompetent, and persons imprisoned, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 9-3-90 to read as follows: 9-3-90. (a) Minors and persons who are legally incompetent because of mental retardation or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons. (b) No action accruing to a person imprisoned at the time of its accrual which, prior to July 1, 1984, has been barred by the provisions of this chapter relating to limitations of actions shall be revived by this chapter, as amended. No action accruing to a person imprisoned at the time of its accrual which would be barred before July 1, 1984, by the provisions of this chapter, as amended, but which would not be so barred by the provisions of this chapter in force immediately prior to July 1, 1984, shall be barred until July 1, 1985. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. COSMETOLOGISTSPERSONS AUTHORIZED TO INSTRUCT IN COSMETOLOGY AND ESTHETICS. Code Section 43-10-14 Amended. No. 905 (Senate Bill No. 497). AN ACT To amend Code Section 43-10-14 of the Official Code of Georgia Annotated, relating to the study of cosmetology by persons at least 16

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years of age, registration of students and apprentices, fee, and registration certificate, so as to provide that a person at least 16 years of age may learn the occupation of esthetics under a cosmetologist holding either a master cosmetologist certificate or an esthetician certificate under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 43-10-14 of the Official Code of Georgia Annotated, relating to the study of cosmetology by persons at least 16 years of age, registration of students and apprentices, fee, and registration certificate, is amended by striking said Code section in its entirety and substituting 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 either a master cosmetologist certificate or an esthetician certificate, providing said cosmetologist has had at least six months' experience, 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

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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 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 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1984. PUBLIC OFFICERS AND EMPLOYEESCERTAIN RECORDS OF STATE MERIT SYSTEM TO REMAIN CONFIDENTIAL. Code Section 45-20-15 Amended. No. 906 (Senate Bill No. 315). AN ACT To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of personnel administration, so as to provide that certain records and materials of the State Merit System of Personnel Administration shall be and remain confidential; to provide definitions; to provide that certain material and information shall not be disclosed in any judicial, administrative, or other formal or informal proceeding; to provide exceptions; to provide for other 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 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of personnel administration, is amended by adding at the end thereof a new Code Section 45-20-15 to read as follows: 45-20-15. (a) As used in this Code section, the term: (1) `Counseling session' means any discussions or meetings between a state employee or other employee covered by the state merit system and an official or other employee of the state merit system which discussions or meetings are conducted under an official program established by the commissioner. (2) `Information' means any written document or material acquired or produced as a part of a counseling session or the contents thereof and the contents of any discussions held as a part of a counseling session. (3) `Program' means the employee relations counseling function established by the commissioner under which a covered employee is entitled to confidential counseling with regard to job related problems. (b) Except as provided in subsections (c), (d), and (e), information received or developed by the merit system staff in performing its counseling functions shall be maintained as confidential by the merit system and shall not be subject to disclosure by the merit system unless such information relates directly to proof of the possible violation of a criminal statute. (c) Information may be disclosed if such disclosure is authorized, in writing, by all parties to the counseling session in which the information was produced. (d) (1) Nothing contained in this Code section shall be construed to prohibit any person from disclosing any fact the knowledge of which was obtained independently of a counseling session. (2) The state merit system counselor may disclose information obtained in a counseling session to a manager of the state merit system for the purpose of employee counseling. Any such

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disclosure shall be confidential and the person to whom the information is disclosed shall be subject to the restrictions contained in subsection (b) of this Code section. (e) Information received by a state merit system counselor during a counseling session, which information indicates that unlawful activity is being conducted in the employee's agency, may be disclosed to the commissioner. The commissioner may then notify the commissioner of any agency involved, the Governor, or the Attorney General for appropriate action. (f) Any hearing before the board or one of its hearing officers regarding the dismissal of a state employee covered by the merit system must be held in the county in which the employee is employed unless all parties agree to another location. Section 2 . This Act shall become effective upon its approval by 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 19, 1984. HEALTHHOSPITAL AUTHORITIESNUMBER AND COMPOSITION OF MEMBERS, ETC. Code Title 31, Chapter 7 Amended. No. 907 (Senate Bill No. 346). AN ACT To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of hospitals, so as to change the provisions relating to the number of members of a

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hospital authority; to provide for consideration to be given to doctors of medicine and registered nurses with regard to appointments to fill vacancies; to provide for state funding for medical education provided by certain designated teaching hospitals; to provide for effective dates; 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 regulation and construction of hospitals, is amended by striking from Code Section 31-7-72, relating to the creation of hospital authorities, subsection (a) thereof in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is created in and for each county and municipal corporation of the state a public body corporate and politic to be known as the `hospital authority' of such county or city, which shall consist of a board of not less than five nor more than nine members to be appointed by the governing body of the county or municipal corporation of the area of operation for staggered terms as specified by resolution of the governing body. The number of members of any hospital authority as of March 1, 1984, may be increased by not more than two additional members by the adoption of a resolution of the members of the hospital authority, and such additional members shall be appointed through the same process used for filling vacancies which was in effect for such hospital authority on January 1, 1984. Whenever an appointment to fill a vacancy on the board of any hospital authority is made, either for an unexpired term or a full term, consideration shall be given as to whether a licensed doctor of medicine or registered nurse currently serves on such authority. If no licensed doctor of medicine or registered nurse currently serves on such authority, then consideration shall be given to the nomination and choice of a licensed doctor of medicine or a registered nurse to fill such vacancy. No authority created hereunder shall transact any business or exercise any powers under this Code section until the governing body of the area of operation shall, by proper resolution, declare that there is need for an authority to function in such county or municipal corporation. Copies of a resolution so adopted and any resolution adopted by the governing body providing for filling vacancies in the membership of the authority or making any changes in membership shall be filed with the department.

Page 587

Section 2 . Said chapter is further amended by striking in its entirety Code Section 31-7-95 thereof, providing funding for medical education provided by hospital authorities, and inserting in its place a new Code section to read as follows: 31-7-95. (a) As used in this Code section, the term: (.1) `Designated teaching hospital' means a teaching hospital operated by other than a hospital authority, which hospital agrees to contract with the state to offer or continue to offer a residency program approved by the American Medical Association, which program has at least 50 residents and which hospital operates a 24 hour, seven-day-per-week emergency room open to the public and which hospital files a semiannual statistical report consistent with those filed by other state-funded tertiary, neonatal, obstetrical centers with the Family Health Section of the Department of Human Resources. (1) `Hospital authority' means a hospital authority operating a teaching hospital which offers a residency program approved by the American Medical Association. (2) `Resident' means a physician receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital. (b) The General Assembly finds that the major hospital authorities and designated teaching hospitals in this state provide a valuable service benefiting the entire state by operating teaching hospitals which provide necessary medical education and training for physicians; this service is provided through residency programs offered by these teaching hospitals. By the provision of residency programs operated by state teaching hospitals, the state has recognized its responsibility to fund the cost of training physicians; and it is the purpose of this Code section to recognize that the state has a similar responsibility when the medical education and training are provided by teaching hospitals operated by hospital authorities or by designated teaching hospitals. (c) For each resident receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital, the Board of Regents of the University System of Georgia shall pay $10,000.00 per annum to the hospital

Page 588

authority or designated teaching hospital. Such payments shall be made based upon certifications by the hospital authorities or designated teaching hospitals to the board of regents. The board of regents is authorized to designate the Joint Advisory Board of Family Practice to promulgate rules and regulations specifying procedures for making the certifications provided for in this Code section and to establish a procedure for making payments to hospital authorities and designated teaching hospitals as provided herein. (d) The funds necessary to carry out this Code section shall derive from funds appropriated for such purpose to the board of regents. In the event the funds appropriated by the General Assembly are insufficient to fund the full amount payable to hospital authorities or designated teaching hospitals under subsection (c) of this Code section, the amount otherwise payable thereunder shall be reduced pro rata in accordance with the funds actually appropriated for such purpose. The local government or governments responsible for the governance or the financial support of the hospital authority or authorities shall provide a certified audit to the board of regents by September 29, 1980, and on the same date yearly thereafter, which shows clearly the exact amount of local funds contributed to the authority during the most recent full fiscal year of operation of the authority or authorities. No funds provided for in this Code section shall be distributed to any hospital or hospital authority if the local government's contribution in any year hereafter falls below the previous year's contribution as shown in the certified audit. The board of regents shall have the authority to promulgate rules and regulations to carry out the provisions of this Code section. As used in this subsection, the term local funds means in kind or cash contributions. The provisions of this subsection requiring certified audits of local fund contributions and prohibiting reduction in such contributions shall not apply to any designated teaching hospital. No additional teaching hospitals will be added until such funds have been made available for any additional teaching hospitals. (e) Nothing in this Code section shall be construed to amend, modify, supersede, or repeal Chapter 10 of Title 49. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without the Governor's approval, except that Section 2 of this Act shall become effective January 1, 1985.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1984. CLERKS OF SUPERIOR COURTMINIMUM ANNUAL SALARY. Code Section 15-6-88 Amended. No. 908 (Senate Bill No. 351). AN ACT To amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to the minimum annual salary of clerks of the superior courts, so as to provide 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 shall be determined according to the United States decennial census of 1970 for the purposes of establishing the minimum annual salary of 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 . Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to the minimum annual salary of clerks of the superior courts, is amended by striking said Code section in its entirety and substituting 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

Page 590

population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census; provided, however, that in the event the population of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. 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 38,500.00 300,000299,000 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 19, 1984.

Page 591

LIMITATION ON IMPOSITION BY MUNICIPALITIES AND COUNTIES OF OCCUPATIONAL OR PROFESSIONAL TAX EXTENDED TO IMPOSITION ON VETERINARIANS. Code Section 48-13-5 Amended. No. 909 (Senate Bill No. 366). AN ACT To amend Code Section 48-13-5 of the Official Code of Georgia Annotated, relating to the limitation on county and municipal license, occupational, or professional tax on certain occupations and professions, so as to provide that such limitation shall apply to the practice of veterinary medicine; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 48-13-5 of the Official Code of Georgia Annotated, relating to the limitation on county and municipal license, occupational, or professional tax on certain occupations and professions, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) No municipality or county shall levy or collect any license, occupation, or professional tax upon practitioners of law, medicine, osteopathy, chiropractic, podiatry, dentistry, optometry, applied psychology, veterinary medicine, landscape architecture, land surveying, massage and physiotherapy, public accounting, embalming, funeral directing, civil, mechanical, hydraulic, or electrical engineering, or architecture, except at the place where the practitioner maintains his principal office. No such levy shall exceed the sum of $200.00 per year or shall be assessed upon or collected from any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state, a municipality or county of the state, or instrumentalities of the United States, the state, or a municipality or county of the state.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1984. PENAL INSTITUTIONSLIABILITY AT LAW OF COMMUNITY SERVICE OFFICER PARTICIPATING IN COMMUNITY SERVICE PROGRAM. Code Section 42-8-71 Amended. No. 910 (Senate Bill No. 447). AN ACT To amend Code Section 42-8-71 of the Official Code of Georgia Annotated, relating to the participation of probationers in community service programs, so as to limit the liability of any agency or community service officer who participates in a community service program; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 42-8-71 of the Official Code of Georgia Annotated, relating to the participation of probationers in community service programs, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) No agency or community service officer shall be liable at law as a result of any of his acts performed while participating in a community service program. This limitation of liability does not apply to actions on the part of any agency or community service officer which constitute gross negligence, recklessness, or willful misconduct.

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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 19, 1984. PENAL INSTITUTIONSPOSSESSION OF CONTRABAND OR FORBIDDEN SUBSTANCES BY INMATEFELONY. Code Section 42-5-18 Amended. No. 911 (Senate Bill No. 448). AN ACT To amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, so as to provide that any violation of Code Section 42-5-18 shall constitute a felony regardless of the amount of contraband given; to provide that receipt of contraband by an inmate shall constitute a felony; 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 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, is amended by striking Code Section 42-5-18 in its entirety and inserting in lieu thereof a new Code Section 42-5-18 to read as follows: 42-5-18. (a) It shall be unlawful for any person to obtain, to procure for, or to give to an inmate a gun, pistol, or any other weapon, any intoxicating liquor, amphetamines, biphetamines, or any other

Page 594

hallucinogenic drugs or other drugs, regardless of the amount, or any other article or item, without the knowledge and consent of the warden, superintendent, or his designated representative. (b) Any inmate found to be in possession of a gun, pistol, or any other weapon, any intoxicating liquor, amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount, or any other item given to said inmate in violation of subsection (a) of this Code section shall be prosecuted as set forth in Code Section 42-5-19. Section 2 . This Act shall become effective upon its approval by 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 19, 1984. MENTAL HEALTHALCOHOLICS, ETC.RELEASE OF CLINICAL RECORDS. Code Section 37-7-166 Amended. No. 912 (Senate Bill No. 455). AN ACT To amend Code Section 37-7-166 of the Official Code of Georgia Annotated, relating to maintenance, confidentiality, and release of clinical records, so as to change certain conditions regarding the release of clinical records; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 595

Section 1 . Code Section 37-7-166 of the Official Code of Georgia Annotated, relating to maintenance, confidentiality, and release of clinical records, is amended by striking paragraph (8) of subsection (a) thereof in its entirety and inserting in its place a new paragraph (8) to read as follows: (8) Except for matters privileged under the laws of this state, the record shall be produced in response to a court order issued by a court of competent jurisdiction pursuant to a full and fair show cause hearing;. Section 2 . This Act shall become effective upon its approval by 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 19, 1984. ARCHITECTSADDITIONAL METHOD FOR APPLICANTS TO QUALIFY FOR EXAMINATION. Code Section 43-4-11 Amended. No. 913 (Senate Bill No. 535). AN ACT To amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to qualifications of applicants for examination for certification as architects, so as to provide an additional method by which an applicant may qualify for examination; to provide for related matters; 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 43-4-11 of the Official Code of Georgia Annotated, relating to qualifications of applicants for examination for certification as architects, is amended by striking from the end of paragraph (1) of subsection (b) the word or, by replacing the period at the end of paragraph (2) of subsection (b) with the symbol and word ; or, and by adding a new paragraph (3) of subsection (b) to read as follows: (3) A bachelor's degree in architectural engineering technology from a school or college in this state approved by the Accrediting Board for Engineering and Technology, or any other bachelor's degree with a substantial concentration in architecture approved by the board from a board approved school or college in this state, and at least six years of practical experience as the board, by regulations uniformly applied, shall deem appropriate. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1984. EDUCATIONCAMPUS POLICEMENDEFINITION OF CAMPUS CHANGED. Code Section 20-8-1 Amended. No. 914 (Senate Bill No. 537). AN ACT To amend Code Section 20-8-1 of the Official Code of Georgia Annotated, relating to definitions with respect to campus policemen, so as to change the definition of the term campus; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 597

Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 20-8-1 of the Official Code of Georgia Annotated, relating to definitions with respect to campus policemen, is amended by striking paragraph (1) in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Campus' means the grounds and buildings owned or occupied by a college or university or the grounds and buildings of a school or training facility operated by or under the authority of the State Board of Education. The term `campus' shall also include any public or private property within 500 yards of the property of an educational facility and one-quarter mile of any public street or public sidewalk connecting different buildings of the same educational facility when the property or buildings of the educational facility are located within any county in this state having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1984. CIVIL PRACTICERECOMMENCEMENT OF ACTION DISMISSED FOR WANT OF PROSECUTION. Code Title 9, Chapters 2 and 11 Amended. No. 915 (House Bill No. 431). AN ACT To amend Title 9 of the Official Code of Georgia Annotated,

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relating to civil procedure, so as to provide that when an action is dismissed for want of prosecution the plaintiff may within six months recommence the action upon the same footing as to limitation as the original 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 . Title 9 of the Official Code of Georgia Annotated, relating to civil procedure, is amended by striking Code Section 9-2-60, relating to dismissals for want of prosecution, and inserting in its place a new Code section to read as follows: 9-2-60. (a) For the purposes of this Code section, an order of continuance will be deemed an order and the word `proceedings' shall be held to include, but shall not be limited to, an appeal from an award of assessors or a special master in a condemnation proceeding. (b) Any action or other proceeding filed in any of the courts of this state in which no written order is taken for a period of five years shall automatically stand dismissed with costs to be taxed against the party plaintiff. (c) When an action is dismissed under this Code section, if the plaintiff recommences the action within six months following the dismissal then the renewed action shall stand upon the same footing, as to limitation, with the original action. Section 2 . Said title is further amended by striking subsection (e) of Code Section 9-11-41, relating to dismissal of actions, and inserting in its place a new subsection to read as follows: (e) Any action in which no written order is taken for a period of five years shall automatically stand dismissed, with costs to be taxed against the party plaintiff. For the purposes of this Code section, an order of continuance will be deemed an order. When an action is dismissed under this subsection, if the plaintiff recommences the action within six months following the dismissal then the renewed action shall stand upon the same footing, as to limitation, with the original action.

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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 19, 1984. APPEAL AND ERRORAPPEALABLE JUDGMENTSAPPLICATION REQUIRED IN CERTAIN CASES. Code Title 5, Chapter 6 Amended. No. 916 (House Bill No. 877). AN ACT To amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice generally, so as to delete certain judgments and rulings deemed directly appealable; to provide additional cases in which an application shall be filed before an appeal is permitted; 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 5 of the Official Code of Georgia Annotated, relating to appellate practice generally, is amended by striking in its entirety subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, and inserting in its place a new subsection (a) to read as follows: (a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals

Page 600

from which appeals are authorized by the Constitution and laws of this state: (1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (6) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; and (8) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will. Section 2 . Said article is further amended by striking in its entirety subsection (a) of Code Section 5-6-35, relating to cases in which an application for appeal is required, and inserting in its place a new subsection (a) to read as follows: (a) Appeals in the following cases shall be taken as provided in this Code section: (1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers' Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, that this provision shall not apply to decisions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations;

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(2) Appeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases including, but not limited to, granting or refusing a divorce or temporary or permanent alimony, awarding or refusing to change child custody, or holding or declining to hold persons in contempt of such alimony or child custody judgment or orders; (3) Appeals from cases involving distress or dispossessory warrants in which the only issue to be resolved is the amount of rent due and such amount is $2,500.00 or less; (4) Appeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34; (5) Appeals from orders revoking probation; (6) Appeals in all actions for damages in which the judgment is $2,500.00 or less; (7) Appeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial; (8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief upon a complaint in equity to set aside a judgment; and (9) Appeals from orders granting or denying temporary restraining orders. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1984.

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GENERAL ASSEMBLYHOUR OF MEETING. Code Section 28-1-2 Amended. No. 917 (House Bill No. 891). 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, so as to change the provisions relating to the hour of meeting of the General Assembly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, is amended by striking Code Section 28-1-2, relating to the time and place of meetings of the General Assembly, in its entirety and inserting in lieu thereof a new Code Section 28-1-2 to read as follows: 28-1-2. The meetings of the General Assembly shall be held as prescribed in Article III, Section IV, Paragraph I of the Constitution of Georgia. The Senate shall convene daily at 10:00 A.M. unless otherwise ordered by the Senate. The House shall convene daily at 10:00 A.M. unless otherwise ordered by the House. The General Assembly shall meet at the state capitol. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1984.

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MOTOR VEHICLESTRANSFER OF REGISTRATION BY PURCHASERTIME. Code Section 40-2-20 Amended. No. 918 (House Bill No. 931). AN ACT To amend Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to the registration and licensure of motor vehicles, so as to require that the purchaser of a used motor vehicle for which there is an existing registration transfer the registration within twenty-one days of the date of purchases; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to the registration and licensure of motor vehicles, is amended by striking therefrom subsection (a) which reads as follows: (a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before April 1 in each year, before he shall operate such motor vehicle or trailer, or within seven days following the purchase of a new or unregistered motor vehicle or trailer, register such vehicle as provided in this chapter, and obtain a license to operate it for the ensuing year., and inserting in lieu thereof a new subsection (a) to read as follows: (a) Excepts as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before April 1 in each year, before he shall operate such motor vehicle or trailer, register such vehicle as provided in this chapter, and obtain a license to operate it for the ensuing year. The purchaser of every new or unregistered motor vehicle, including tractors and motorcycles, or trailer shall, within seven days, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of

Page 604

every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within twenty-one days, transfer such registration as provided in Code Section 40-2-39. Section 2 . This Act shall become effective upon its approval by 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 19, 1984. PENAL INSTITUTIONSASSIGNMENT OF MISDEMEANOR OFFENDERS TO PLACE OF CONFINEMENT. Code Section 42-5-51 Amended. No. 919 (House Bill No. 934). AN ACT To amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Offender Rehabilitation over certain misdemeanor offenders, designation of place of confinement of inmates, and reimbursement of county for incarceration of inmates awaiting transfer to the department, so as to change the provisions relating to the assignment by the commissioner of offender rehabilitation or the Board of Offender Rehabilitation of male or femal inmates to county jails; 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 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Offender

Page 605

Rehabilitation over certain misdemeanor offenders, designation of place of confinement of inmates, and reimbursement of county for incarceration of inmates awaiting transfer to the department, is amended by striking subsection (d) in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Notwithstanding any language in the sentence as passed by the court, the commissioner may designate as a place of confinement any available, suitable, and appropriate state or county correctional institution in this state operated under the jurisdiction or supervision of the department. The commissioner shall also have sole authority to transfer inmates from one state or county correctional institution in this state to any other such institution operated by or under the jurisdiction or supervision of or approved by the board. Neither male or female state inmates shall be assigned to serve in any manner in a county jail unless they are participating in a state sponsored project and have the approval of the commissioner of the Department of Offender Rehabilitation and the sheriff or the jail administrator of the county. Furthermore, the commissioner may transfer to the Attorney General of the United States for confinement any inmate if it is determined that the custody, care, treatment, training, or rehabilitation of the inmate has not been adequate or in the best interest of the inmate or his fellow inmates. The commissioner is authorized to contract with the Attorney General of the United States for the custody, care, subsistence, housing, treatment, training, and rehabilitation of such inmates. Section 2 . This Act shall become effective upon its approval by 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 19, 1984.

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ALIMONY AND CHILD SUPPORTPETITIONS FOR MODIFICATION OF ORDERSTIME OF FILING. Code Section 19-6-19 Amended. No. 920 (House Bill No. 980). AN ACT To amend Code Section 19-6-19 of the Official Code of Georgia Annotated, relating to revision of a judgment for permanent alimony or child support, so as to provide that no petition may be filed by either former spouse within a period of two years from the date of the final order on a previous petition by the same former spouse; to provide for the awarding of attorneys' fees, costs, and expenses in proceedings for modification of alimony; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 19-6-19 of the Official Code of Georgia Annotated, relating to revision of a judgment for permanent alimony or child support, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The judgment of a court providing permanent alimony for the support of a spouse rendered on or after July 1, 1977, shall be subject to revision upon petition filed by either former spouse showing a change in the income and financial status of either former spouse. The judgment of a court providing permanent alimony for the support of a child or children rendered on or after July 1, 1977, shall be subject to revision upon petition filed by either former spouse showing a change in the income and financial status of the former spouse liable for such alimony. In either case a petition shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. No petition may be filed by either former spouse under this subsection within a period of two years from the date of the final order on a previous petition by the same former spouse. After hearing both parties and the evidence, the jury, or the judge where a

Page 607

jury is not demanded by either party, may modify and revise the previous judgment, in accordance with the changed income and financial status of either former spouse in the case of permanent alimony for the support of a former spouse, or in accordance with the changed income and financial status of the former spouse liable for such alimony in the case of permanent alimony for the support of a child or children, if such a change in the income and financial status is satisfactorily proved so as to warrant the modification and revision. In the hearing upon a petition filed as provided in this subsection, testimony may be given and evidence introduced relative to the income and financial status of either former spouse. Section 2 . Said Code section is further amended by adding a new subsection (d) to read as follows: (d) In proceedings for the modification of alimony for the support of a spouse or child pursuant to the provisions of this Code section, the court may award attorneys' fees, costs, and expenses of litigation to the prevailing party as the interests of justice may require. Section 3 . This Act shall become effective July 1, 1984. The provisions of Section 1 of this Act shall apply to judgments providing permanent alimony for the support of a spouse rendered on or after July 1, 1984, and to judgments providing permanent alimony for the support of a child or children rendered on or after July 1, 1984. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1984.

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GENERAL ASSEMBLYFINANCIAL AFFAIRSTIME FOR FILING CLAIMS AGAINST STATE. Code Title 28, Chapter 5 Amended. No. 921 (House Bill No. 999). AN ACT To amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or departments or agencies of the state, so as to delete certain obsolete provisions regarding the filing of claims arising prior to November 1, 1982, with the Claims Advisory Board; to provide for a time limitation on filing claims against the state; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or departments or agencies of the state, is amended by striking subsection (g) of Code Section 28-5-85, relating to the filing of claims with the Claims Advisory Board, and inserting in lieu thereof a new subsection (g) to read as follows: (g) The provisions of this Code section shall apply to any claim against the state in the amount of $500.00 or less if the date of the occurrence giving rise to such claim was prior to November 1, 1982. After November 1, 1982, the General Assembly shall not consider any compensation resolution for a claim against the state if the amount of the claim is $500.00 or less, and the provisions of this Code section shall be the exclusive method for making such claims against the state. Section 2 . Said part is further amended by adding a new Code Section 28-5-86 to read as follows: 28-5-86. No claim or resolution for the payment of compensation under this part shall be considered by the board or the General Assembly unless notice of claim has been filed with the board within two years after the date of the event giving rise to the claim.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1984. MOTOR VEHICLE REGISTRATIONRETURN OR PAYMENT OF CERTAIN FEDERAL TAXES PREREQUISITE TO ISSUANCE OF CERTAIN REGISTRATIONS. Code Section 40-2-25 Amended. No. 922 (House Bill No. 1009). AN ACT To amend Code Section 40-2-25 of the Official Code of Georgia Annotated, relating to applications for motor vehicle registrations, so as to provide for legislative declarations; to require that certain federal taxes shall be paid or certain federal tax returns shall be filed prior to the issuance of certain vehicle registrations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The General Assembly declares that it is the purpose of this Act to ensure that this state receives its full apportionment of federal-aid highway funds and to enable the state revenue commissioner and his officers, agents, and employees to comply with the requirements of the federal government in order for this state to receive all possible federal aid and assistance in the construction and maintenance of the public roads of Georgia. Section 2 . Code Section 40-2-25 of the Official Code of Georgia Annotated, relating to applications for motor vehicle registrations, is amended by adding at the end thereof the following:

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(c) (1) As used in this subsection, the term `heavy vehicle tax' means that tax imposed by Subchapter D of Chapter 36 of the Internal Revenue Code of 1954. (2) On or after September 30, 1984, no vehicle registration or renewal thereof shall be issued to any motor vehicle subject to the heavy vehicle tax unless the owner of the motor vehicle provides satisfactory proof that the heavy vehicle tax has been paid for the federal tax year during which the application for registration or renewal thereof is made or that a heavy motor vehicle tax return has been filed with the United States Internal Revenue Service for the federal tax year during which the application for registration or renewal thereof is made. (3) The commissioner is authorized to promulgate rules and regulations consistent with paragraph (2) of this subsection which are necessary to ensure that the state complies with the requirements of the Surface Transportation Assistance Act of 1982, Section 143, 23 U.S.C. Section 141d. (4) The requirements of this subsection are in addition to any requirements of this Code relative to the registration of motor vehicles. 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 19, 1984.

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PHYSICIAN'S ASSISTANTSCONTENTS OF APPLICATION FOR APPROVAL OF USE. Code Section 43-34-103 Amended. No. 923 (House Bill No. 1027). AN ACT To amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to physician's assistants, generally, so as to require that an application for approval to use a physician's assistant shall include evidence that the person who is to be used as a physician's assistant has achieved a satisfactory score on an appropriate examination outlined, approved, or administered by the Composite State Board of Medical Examiners; to provide for temporary certifications; 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 43-34-103 of the Official Code of Georgia Annotated, relating to physician's assistants, generally, is amended by striking paragraph (2) of subsection (a) of said Code section in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Evidence of his competency in a health care area related to his job description which, as a minimum, shall include: (A) Evidence of satisfactory completion of a training program approved by the board. If the applicant is not a graduate of an accredited school approved by the board, he shall be required to receive board approved refresher training and testing; (B) A finding by the board approved evaluation agency that the proposed physician's assistant is qualified to perform the tasks described in the job description; and (C) Evidence that the person who is to be used as a physician's assistant has achieved a satisfactory score on an appropriate

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examination outlined, approved, or administered by the board. The board may issue a permit of temporary certification to any applicant who has satisfied the provisions of subparagraphs (A) and (B) of this paragraph and who is an applicant for the next available board approved or administered examination or who has completed this examination and is awaiting the results of such examination. The permit of temporary certification shall expire upon notification of the applicant's failure to achieve a satisfactory score on the board approved or administered examination; . Section 2 . This Act shall become effective September 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1984. DOMICILE OF MINORSHOW DETERMINED. Code Section 19-2-4 Amended. No. 924 (House Bill No. 1054). AN ACT To amend Code Section 19-2-4 of the Official Code of Georgia Annotated, relating to domicile of minors, so as to change how a minor child's domicile is determined; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 19-2-4 of the Official Code of Georgia Annotated, relating to domicile of minors, is amended by striking subsection (a) thereof, which reads as follows:

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(a) The domicile of a minor child shall be that of his father, provided that the domicile of an illegitimate minor child shall be that of his mother. In the event that a child's parents are divorced, separated, or widowed or that one parent is not within this state, the child's domicile shall be that of the custodial parent., and inserting in its place a new subsection (a) to read as follows: (a) If a minor child's parents are domiciled in the same county, the domicile of that child shall be that of the parents. If a minor child's parents are divorced, separated, or widowed, or if one parent is not domiciled in the same county as the other parent, the child's domicile shall be that of the custodial parent. The domicile of an illegitimate minor child shall be that of the child's mother. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1984. UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT AMENDEDDEFINITION OF STATE ENLARGED. Code Section 19-11-42 Amended. No. 925 (House Bill No. 1185). AN ACT To amend Code Section 19-11-42 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Uniform Reciprocal Enforcement of Support Act, so as to enlarge the definition of the term state and thereby provide that foreign jurisdictions will be included within the reciprocal law in order that petitions may be entertained from such when reciprocity is granted to this state; to

Page 614

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 19-11-42 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Uniform Reciprocal Enforcement of Support Act, is amended by striking subparagraph (A) of paragraph (10) and inserting in its place a new subparagraph to read as follows: (A) The District of Columbia and any state, territory, or possession of the United States or any foreign jurisdiction in which this article or a substantially similar reciprocal law has been enacted; and . Section 2 . This Act shall become effective upon its approval by 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 19, 1984. DRIVERS' LICENSESSUSPENSION OF LICENSE FOR CONVICTION OF D.U.I. IN ANOTHER STATE. Code Section 40-5-52 Amended. No. 926 (House Bill No. 1200). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for suspension of a driver's license for conviction in another state of driving

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under the influence of alcohol or 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking in its entirety Code Section 40-5-52, relating to suspension of license or operating privilege for conduct in another state, and inserting in lieu thereof a new Code Section 40-5-52 to read as follows: 40-5-52. (a) The department shall suspend the license of any resident of this state and may suspend a nonresident's operating privilege, upon receiving notice of his conviction in another state of an offense described in Code Section 40-5-54 or Code Section 40-6-391. (b) The department is authorized to suspend or revoke the license of any resident or the operating privilege of any nonresident upon receiving notice of the conviction of such person in another state of an offense other than those described in Code Section 40-5-54 or Code Section 40-6-391 which, if committed in this state, would be grounds for the suspension or revocation of a driver's license. (c) The department may give such effect to the conduct of a resident in another state as is provided by the laws of this state had such conduct occurred in this state. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1984.

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COURTSCOMPENSATION OF BAILIFFS. Code Section 15-12-7 Amended. No. 927 (House Bill No. 1314). AN ACT To amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs, so as to change the provisions relative to such 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 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 15-12-7 to read as follows: 15-12-7. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix: (1) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5.00 nor to exceed $50.00 per diem. The same compensation shall be allowed to bailiffs of the several state courts and special courts as is allowed bailiffs in the superior court of the county in which the state or special court is located; and (2) An expense allowance for jurors in the superior courts of such counties for the next succeeding year, such expense allowance not to be less than $5.00 nor to exceed $25.00 per diem. The same expense allowance shall be allowed to jurors of the several state courts and special courts as is allowed jurors in the superior court of the county in which the state or special court is located. The expense allowance of tales jurors shall be the same as that of a regularly drawn trial juror. The expense allowance so authorized by the grand jury shall be authorized also for grand jurors.

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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 19, 1984. SUPERIOR COURTSFEES OF CLERKS IN CERTAIN COUNTIES (350,000 OR MORE). Code Section 15-6-77.3 Enacted. No. 928 (House Bill No. 501). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for certain fees of said clerks in all counties of this state having a population within the unincorporated areas thereof of 350,000 or more 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: Section 1 . Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by adding between Code Sections 15-6-77.2 and 15-6-78 a new Code Section 15-6-77.3 to read as follows: 15-6-77.3 (a) This Code section shall apply to all counties of this state having a population within the unincorporated areas thereof of 350,000 or more according to the United States decennial census of 1980 or any future such census.

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(b) In addition to the fees specified by Code Section 15-6-77, the clerk of the superior court of counties described in subsection (a) of this Code section shall be entitled to charge and collect an advance fee of $25.00 on each civil and criminal appeal, and such fee shall be paid at the time of filing the notice of appeal. (c) In lieu of the fees specified by Code Section 15-6-77 for the clerk's services listed below, the clerk of the superior court of counties described in subsection (a) of this Code section shall be entitled to charge and collect the following fees for official duties performed by the clerk in providing such services: (1) Recording and returning to sender all instruments pertaining to real estate and deeds of trust or amendments thereto, in accordance with Code Section 53-12-52, each page $ 5.00 (2) Recording maps or plats 10.00 The fee for recording maps or plats shall include the fee required by Code Section 47-14-51. (3) Filing and indexing financing statements and for stamping a copy furnished by the second 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 5.00 Each page, after the first .50 (4) Issuing certificates of appointment and reappointment to notaries public, as provided by Code Section 45-7-4 8.00 (5) Registering and filing trade names pursuant to Code Section 10-1-490 25.00 (6) Entering writ of fieri facias on general execution docket 5.00 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1984. PUBLIC OFFICERS AND EMPLOYEESCONFLICTS OF INTERESTCOUNTY COMMISSIONERS AUTHORIZED TO SELL REAL PROPERTY TO COUNTIES, ETC. Code Section 45-10-60 Enacted. No. 949 (Senate Bill No. 480). AN ACT To amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest on the part of public officers and employees, so as to provide that county commissioners may sell real property to their counties under certain conditions; 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 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest on the part of public officers and employees, is amended by adding a new Part 3 to read as follows:

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Part 3 45-10-60. Notwithstanding any other provision of general or local law, a county commissioner or member of a board of county commissioners may sell real property to the county if all of the following conditions are met: (1) The real property which is the subject of the sale is adjacent to a landfill owned and operated by the county; (2) The real property which is the subject of the sale is to be used by the county in connection with the operation of the landfill; (3) The sale price of the real property does not exceed the lowest of three appraisals of the fair market value of the property made by three appraisers appointed by the probate judge of the county; and (4) Disclosure of the sale is made as required by Code Section 16-10-6. Section 2 . This Act shall become effective upon its approval by 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 20, 1984.

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HIGHWAYS, BRIDGES, AND FERRIESWIDTH OF VEHICLESWEIGHT LIMITATIONS. Code Title 32, Chapter 6 Amended. No. 950 (Senate Bill No. 352). AN ACT To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to size, weight, and width of vehicles and loads, so as to change the provisions relating to the width of vehicles allowed on roads, streets, and highways; to establish certain weight limitations for vehicles using the public roads of this state; to provide definitions; to provide wheel and axle load limitations for vehicles using the public roads of this state; to provide for the use of certain formulas for determining these weight limitations in certain situations; to provide weight limitations on national highways; to provide weight limitations on nonnational highways; to provide exceptions to weight limitations; to authorize agreements with the United States Secretary of Transportation; to provide that certain exemptions be included in such agreements; to provide a method for computing overweight conditions in certain situations; 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 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to size, weight, and width of vehicles and loads, is amended by striking Code Section 32-6-23, relating to the width of vehicles and loads, in its entirety and inserting 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. 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. Vehicles,

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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: (1) Upon all fully limited access highways designed to National System of Interstate and Defense Highways standards; (2) Upon any additional road, street, or highway where the width of the lane on which the vehicle is operating is at least 12 feet unless the governing authority having jurisdiction over the road, street, or highway, after reviewing safety studies prepared by the governing authority and conducting a public hearing, has determined that the operation of such vehicles on the road, street, or highway is not in the public interest; and (3) 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 97-369 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 in its entirety Code Section 32-6-26, which reads as follows: 32-6-26. (a) (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

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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: 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

Page 624

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, 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. (3) On a public road of a county road system, the maximum total gross weight shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such road. (4) Notwithstanding paragraphs (1) through (3) of this subsection, no vehicle or combination of vehicles shall be operated over any bridge with a posted limit which is less than the gross weight of the vehicle and its load.

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(b) The weight limitations in this Code section, except the limitation of paragraph (4) of subsection (a) of this Code Section, may be exceeded without a permit when operated or moved on a public road other than one which is part of the National System of Interstate and Defense Highways by a motor vehicle or combination of vehicles whose axle load does not exceed 23,000 pounds and whose gross weight does not exceed 75,000 pounds, when: (1) Hauling forest products from the forest where cut to the owner's place of business, plant, plantation, or residence within the county where originally cut or the adjoining county; (2) Hauling live poultry from a farm to a processing plant located in the same county or an adjoining county; (3) Hauling feed from a feed mill to a farm located in the same county or an adjoining county; or (4) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same county or an adjoining county. Such vehicles or combination thereof using the public roads at night shall be equipped with lights clearly visible for a distance of not less than 300 feet from the front and rear of the vehicle., and inserting in lieu thereof a new Code Section 32-6-26 to read as follows: 32-6-26. (a) As used in this Code section, the term: (1) `Federal bridge formula' means: Where W = the overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L = the distance in feet between the extreme of any group of two or more consecutive axles, and N = the number of axles in the group under consideration.

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(2) `Lift axle' means any axle on any vehicle manufactured after July 1, 1978, which axle may be raised or lowered with respect to the horizontal plane of the vehicle. (3) `National highway' means any highway which constitutes a part of the National System of Interstate and Defense Highways as used in Section 127 of Title 23 of the United States Code. (4) `Single axle' means all the wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart. (5) `State bridge formula' means: Where W = the maximum allowable gross weight of the vehicle or combination of vehicles to the nearest 500 pounds, L = the distance in feet between the first and last axles of the vehicle or combination of vehicles, and N = the number of axles on the vehicle or combination of vehicles. (6) `Tandem axle' means until April 1, 1988, two or more consecutive axles, excluding the steering axle, which extend across the full width of the vehicle and whose centers may be included between parallel vertical planes spaced more than 40 inches apart but not more than 96 inches apart. (7) `Tandem axle' means, after April 1, 1988, two or more consecutive axles, excluding the steering axle, which extend across the full width of the vehicle and whose centers may be included between parallel vertical planes spaced more than 40 inches apart but not more than 216 inches apart. (b) Except when authorized by a permit issued pursuant to Code Section 32-6-28 and except as otherwise provided in this Code section:

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(1) No vehicle equipped with high pressure pneumatic, solid rubber, or cushion tires and operated upon any public road of this state shall carry a load on any wheel which exceeds 8,000 pounds by more than 13 percent or a load on any single axle which exceeds 16,000 pounds by more than 13 percent; and (2) No vehicle equipped with low pressure pneumatic tires and operated upon any public road of this state shall carry a load on any wheel which exceeds 9,000 pounds by more than 13 percent or a load on any single axle which exceeds 18,000 pounds by more than 13 percent. (c) (1) (A) On all highways within this state which are not national highways, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; except as provided in paragraph (2) of this subsection, the maximum load on any tandem axle shall be 37,340 pounds; and subject to subparagraph (B) and subparagraph (C) of this paragraph, the maximum total gross weight authorized for any vehicle and load shall be the maximum load authorized on any single axle multiplied by the number of axles with which the vehicle is equipped. (B) For vehicles and loads with an actual total gross weight between 73,280 pounds and 80,000 pounds, the maximum total gross weight authorized for the vehicle and load shall be determined by applying the state bridge formula. (C) For any vehicle equipped with four axles, the maximum total gross weight authorized for the vehicle and load shall be 70,000 pounds. (2) For vehicles and combinations of vehicles exceeding 55 feet in length, the maximum load on any tandem axle shall not exceed 34,000 pounds. Until April 1, 1988, for vehicles and combinations of vehicles not exceeding 55 feet in length with an actual total gross weight of less than 73,280 pounds, the maximum load on any tandem axle shall be 40,680. (3) After April 1, 1988, no lift axle may be used in computing the maximum total gross weight authorized for any vehicle or load.

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(d) (1) (A) On all highways within this state which are national highways, except as provided in paragraph (2) of this subsection, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; and, except as provided in subparagraph (B) of this paragraph, the maximum overall gross weight in pounds on a group of two or more consecutive axles shall be determined by applying the federal bridge formula. In applying the formula, no lift axle shall be counted as an individual or additional axle when determining the maximum overall gross weight. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the maximum load authorized on any tandem axle shall be 34,000 pounds, and any two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more; however, except for vehicles and combinations of vehicles exceeding 55 feet in length, the maximum gross weight authorized 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. (2) (A) Any vehicle registered with the Department of Revenue prior to April 1, 1983, shall be exempt from the provisions of paragraph (1) until April 1, 1988, upon obtaining a special permit from the department or upon being otherwise exempt under an agreement entered into pursuant to the provisions of subsection (e) of this Code section. This permit shall be issued for identification purposes, shall be nontransferable, and shall be terminated on April 1, 1988. For vehicles operating on highways within this state which are national highways under a permit issued under this paragraph, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; except as provided in subparagraph (B) of this paragraph, the maximum load on any tandem axle shall be 40,680 pounds; and, except as provided in subparagraph (C) of this paragraph, the maximum total gross weight authorized for any vehicle and load shall be the

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maximum load authorized on any single axle multiplied by the number of axles with which the vehicle is equipped. (B) For vehicles or combinations of vehicles carrying a gross weight of more than 73,280 pounds or for vehicles or combinations of vehicles exceeding 55 feet in length, the maximum gross weight authorized on a tandem axle shall be 34,000 pounds. (C) For vehicles or combinations of vehicles carrying a gross weight of more than 73,280 pounds, the maximum total gross weight authorized for any vehicle and load shall be determined by applying the federal bridge formula. In applying the formula, no lift axle shall be counted as an individual or additional axle. (3) If at any time federal law authorizes any weight greater than that authorized by this subsection, such greater weight under federal law shall be authorized on the national highways within this state. (e) (1) Subject to the provisions of this article, the department shall be 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, which agreements shall exempt certain vehicles from the requirements of subsection (d) of this Code section. The department shall be authorized to take action in the name of the state to comply with the terms of any such agreement and to promulgate any rules and regulations necessary to ensure the department's compliance with federal laws and to provide for the issuance of the special permits required by this Code section. (2) The department shall include in any agreement with the United States Secretary of Transportation a provision which ensures that any vehicle registered with the Department of Revenue prior to April 1, 1983, shall be exempt from the application of the federal bridge formula as required by subsection (d) of this Code section if the vehicle otherwise complies with the provisions of paragraph (2) of subsection (d) of this Code section and obtains a special permit from the department. The department shall also include in any agreement with the United States Secretary of

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Transportation a provision which ensures that any lift axle may be counted as an individual or additional axle when computing the maximum total gross weight authorized for a vehicle and load below 73,280 pounds as provided in subparagraph (d)(2)(A) of this Code section. (3) Any agreement entered into pursuant to this subsection shall be terminated April 1, 1988. (f) On any public road of a county road system, the maximum total gross weight of a vehicle and load shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such road. (g) (1) The weight limitations provided for in this Code section, except the limitation in subsection (h) of this Code section, may be exceeded on any public road within this state which is not a national highway without a permit when the load on any single axle does not exceed 23,000 pounds and the maximum total gross weight of the vehicle and load does not exceed 75,000 pounds when: (A) Hauling forest products from the forest where cut to the owner's place of business, plant, plantation, or residence within the county where originally cut or the adjoining county; (B) Hauling live poultry from a farm to a processing plant located in the same or an adjoining county; (C) Hauling feed from a feed mill to a farm located in the same county or an adjoining county; or (D) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same or an adjoining county. (2) Any vehicle carrying a load as authorized in this subsection at night shall be equipped with lights clearly visible for a distance of not less than 300 feet from the front and rear of the vehicle. (h) Notwithstanding any provision of this Code section to the contrary, no vehicle or combination of vehicles shall be operated over

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any bridge with a posted limit which is less than the total gross weight of the vehicle and its load. (i) (1) Any vehicle which can be made to comply with the requirements of this Code section by shifting the load and which is then loaded to comply with this Code section shall not be held to be in violation of this Code section. (2) On all highways within this state which are not national highways: (A) Except as provided in subparagraph (B) of this paragraph, for all vehicles, fines for violations of the total gross weight limitations provided for in subsection (c) of this Code section shall be based on the amount by which the actual weight of the vehicle and load exceeds the allowable maximum weight determined under subsection (c) of this Code section. (B) For vehicles equipped with four axles, fines for violations of the total gross weight limitations provided for in subsection (c) of this Code section shall be based on the amount by which the actual weight of the vehicle and load exceeds 70,000 pounds. 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 20, 1984.

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RECOVERED STOLEN MOTOR VEHICLESLIABILITY OF OWNER FOR STORAGE FEES LIMITED. Code Section 35-1-4 Amended. No. 951 (Senate Bill No. 23). AN ACT To amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to stolen motor vehicles and the filing of reports in connection therewith, so as to provide that the owner of a motor vehicle which has been stolen and subsequently recovered shall not be charged storage fees on the recovered motor vehicle until the expiration of a certain period of time following notification to the owner of the recovery of such motor vehicle; to provide for other matters relative to the foregoing; to provide for construction relative to the duties of the Georgia Crime Information Center; 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 35-1-4 of the Official Code of Georgia Annotated, relating to stolen motor vehicles and the filing of reports in connection therewith, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) It shall be the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has been stolen or that the license plate for such vehicle has been stolen or lost, to report the theft or loss to the department immediately after receiving such information, unless prior thereto information has been received of the recovery of the vehicle or plates. It shall be the duty of any person who reports the theft of a motor vehicle to provide the law enforcement agency to which the report of theft was made and the department with a means of contacting the owner of the stolen motor vehicle or the successor in interest to such owner in the event of the recovery of the motor vehicle. The report shall be made to the department by reporting the loss or theft to the nearest State

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Patrol post. Any law enforcement officer, upon receiving information of the recovery of any motor vehicle or license plate which has previously been reported as stolen or lost, shall immediately report the recovery of the motor vehicle or plate directly to the department. It shall be the duty of the department or the recovering law enforcement agency to notify the owner or the successor in interest to the owner within 72 hours when a previously reported stolen motor vehicle has been recovered, and the owner or successor in interest shall not be charged or otherwise incur any storage fee on the recovered stolen motor vehicle until the expiration of at least 24 hours immediately following such notification to the owner or the successor in interest. This requirement shall be included in the rules and regulations of the board promulgated pursuant to subsection (b) of this Code section. If, after a reasonable attempt, the department or the recovering law enforcement agency is unable to contact the owner or the successor in interest to the owner, a record of such fact shall be made and filed with the incident reports and posted in the record required to be maintained by Code Section 17-5-50. Section 2 . Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows: (d) The provisions of this Code section shall not be construed to affect the responsibilities of the Georgia Crime Information Center as provided by paragraph (14) of Code Section 35-3-33. Section 3 . This Act shall become effective on July 1, 1984. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984.

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MUNICIPAL ELECTIONS AND PRIMARIESLOSING CANDIDATE'S RIGHT TO A RECOUNT1% DIFFERENCE. Code Section 21-3-405 Amended. No. 952 (Senate Bill No. 322). AN ACT To amend Code Section 21-3-405 of the Official Code of Georgia Annotated, relating to a losing candidate's right to a recount, so as to change the percentage difference required for a recount; 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 21-3-405 of the Official Code of Georgia Annotated, relating to a losing candidate's right to a recount, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 21-3-405 to read as follows: 21-3-405. Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in a general election and the number of votes received by any other candidate or candidates not declared so nominated or elected shall be not more than 1 percent of the total votes which were cast for such office, the losing candidate within a period of five days following certification of the election results to the governing authority shall have the right to a recount of the votes cast if he makes a written request for a recount. After such request, the superintendent shall order an immediate recount of such votes to be made. Section 2 . This Act shall become effective upon its approval by 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 21, 1984.

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ELECTIONS AND PRIMARIESADVERTISEMENT OF ADDITIONAL VOTER REGISTRATION PLACES. Code Section 21-2-218 Amended. No. 953 (Senate Bill No. 323). AN ACT To amend Code Section 21-2-218 of the Official Code of Georgia Annotated, relating to the board of registrars and registration of voters, so as to provide a change in the method and length of advertisement of additional voter registration places; 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 21-2-218 of the Official Code of Georgia Annotated, relating to the board of registrars and registration of voters, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) Additional registration places must be advertised in a newspaper of general circulation in the county or in the form of a public service announcement on radio or television one or more times at least three days prior to the first day for registration. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984.

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21-2-543. Whenever a vacancy shall occur or exist in the office of Representative in the United States Congress from this state the Governor shall issue, within ten days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy, which election shall be held on the date named in the writ, which shall not be less than 30 days after its issuance. Upon receiving the writ of election from the Governor, the Secretary of State shall then transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. Section 2 . Said article is further amended by striking Code Section 21-2-544, relating to special elections for members of the General Assembly, in its entirety and inserting in lieu thereof a new Code Section 21-2-544 to read as follows: 21-2-544. Whenever a vacancy shall occur or exist in either house of the General Assembly during a session of the General Assembly or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet, at any time previous to the next November election, the Governor shall issue, within ten days after the occurrence of such vacancy, or after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy, which election shall be held on the date named in the writ, which shall not be less than 30 nor more than 60 days after its issuance. Upon receiving the writ of election from the Governor, the Secretary of State shall then transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. In all other cases any such special election to fill any such vacancy shall be held if the Governor issues his writ of election therefor. In such cases the writ of election shall be issued to the Secretary of State who shall transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. If a vacancy occurs while the General Assembly is in session and the Governor elects to issue a writ, it shall only be necessary to have one poll open in every county involved, which shall be at the county seat, if only one candidate has qualified for the vacant seat. Section 3 . Said article is further amended by striking Code Section 21-2-540, relating to the manner of conduct of special elections generally, in its entirety and inserting in lieu thereof a new Code Section 21-2-540 to read as follows:

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21-2-540. Every special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to general elections; and the provisions of this chapter relating to general elections shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. At least 29 days shall intervene between the call of a special election and the holding of same. Except as otherwise provided by law, the superintendent of each county shall publish the call of the special election. Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his party affiliation appear on the ballot by his name. 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 21, 1984. PENAL INSTITUTIONSCERTAIN PERSONNEL DESIGNATED AS CORRECTIONAL OFFICERS. Code Title 42, Chapter 5 Amended. No. 956 (Senate Bill No. 338). 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

Page 640

personnel employed by penal institutions, so as to provide that certain personnel shall be designated as correctional officers; to delete the references to guards; 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 employed by penal institutions, is amended by striking Code Section 42-5-30, relating to qualifications of personnel, in its entirety and substituting in lieu thereof a new Code Section 42-5-30 to read as follows: 42-5-30. The board shall by rule and regulation define the qualifications for wardens, superintendents, and other personnel employed in the state and county correctional institutions. The board shall by rule and regulation specify appropriate titles of personnel so employed, but no such personnel shall be known as or designated by the board as `guards' or `prison guards.' The wardens of the various county correctional institutions shall be appointed by the governing authority of the county, subject to approval of the board, and shall serve at the pleasure of the county or the board. Section 2 . Said article is further amended by striking Code Section 42-5-31, relating to oaths of office, in its entirety and substituting in lieu thereof a new Code Section 42-5-31 to read as follows: 42-5-31. Before entering upon the duties of their office, wardens and superintendents, their deputies, and other correctional officers or employees shall take and subscribe, before some officer authorized to administer oaths, the following oath: `I do solemnly swear (or affirm) that I will support and defend the Constitutions of the United States of America and the State of Georgia and that I will faithfully perform and discharge the duties of my office conscientiously and without malice or partiality, to the best of my ability. So help me God.' Section 3 . Said article is further amended by striking subsection (a) of Code Section 42-5-37, relating to restrictions on personnel in charge of inmates, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

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(a) No warden, superintendent, deputy, inspector, physician, or any officer or other employee who has charge, control, or direction of inmates shall be interested in any manner whatever in the work or profit of the labor of any inmate; nor shall any such personnel receive any pay, gift, gratuity, or favor of a valuable character from any person interested, either directly or indirectly, in such labor. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. EDUCATIONMANNER OF FILLING VACANCIES ON LOCAL BOARDS OF EDUCATION. Code Section 20-2-54.1 Enacted. No. 957 (Senate Bill No. 411). AN ACT To amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for filling vacancies on said boards when the filling of vacancies is not provided for by local law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by adding between Code Sections 20-2-54 and 20-2-55 a new Code Section 20-2-54.1 to read as follows: 20-2-54.1. (a) In all instances where local laws applicable to local boards of education do not provide otherwise, a vacancy occurring

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for any reason on a local board of education shall be filled as follows: (1) If the members of the local board of education are elected by the voters of the local school district or by the voters within election districts composed of portions of the local school district: (A) The vacancy shall be filled for the unexpired term at a special election which shall be held on the same date as the general election which is first held following the date of the vacancy; and (B) Pending the vacancy being filled by special election pursuant to subparagraph (A) of this paragraph, the remaining members of the local board of education, within 30 days after the date of the vacancy, shall, by majority vote, elect a person to fill the vacancy until the person elected under said subparagraph (A) takes office; or (2) If the members of the local board of education are appointed by the grand jury, the remaining members of the local board of education, by majority vote, shall elect a qualified person to fill the vacancy until the next grand jury convenes immediately following the occurrence of the vacancy at which time the grand jury shall appoint a qualified person to serve for the remainder of the unexpired term. (b) Any person elected or appointed to fill a vacancy pursuant to subsection (a) of this Code section shall possess the same qualifications required for election to a full term of office as provided by law applicable to the office wherein the vacancy occurred. As applied to special elections under subparagraph (a) (1) (A) of this Code section, if the office wherein the vacancy occurred is filled by election of voters within a portion of the local school district, then the special election shall be held within that portion of the local school district, but if the office wherein the vacancy occurred is filled by the voters within the entire school district, then the special election shall be held within the entire school district.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. EDUCATIONAGE FOR BEGINNING SCHOOL. Code Section 20-2-151 Amended. No. 958 (Senate Bill No. 449). AN ACT To amend Code Section 20-2-151 of the Official Code of Georgia Annotated, relating to the general and occupational education program, so as to change the provisions relative to the age for beginning school; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 20-2-151 of the Official Code of Georgia Annotated, relating to the general and occupational education program, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) All children must have attained the age of six by September 1 of a fiscal year in order to be eligible for enrollment in the general education and occupational programs provided for by this article; provided, however, that a child who was a legal resident of one or more other states for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association, shall be eligible for enrollment in the general education programs provided by this article if such child will attain the age of five for kindergarten or six for first grade by December 31 of the fiscal year and is otherwise qualified.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. MOTOR VEHICLES AND TRAFFICMOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM PROVIDED. Code Title 40, Chapter 15 Enacted. No. 959 (Senate Bill No. 450). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a motorcycle operator safety training program; to provide for additional training programs under certain conditions; to define certain terms; to provide for the motorcycle safety training course; to provide for powers and duties of the commissioner of public safety and the Department of Public Safety; to provide for a State-wide Motorcycle Safety Coordinator, his powers and duties; to provide for instructors in such program and their training; to provide an effective date conditioned upon adequate appropriations; 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 immediately following Chapter 14 a new Chapter 15 to read as follows: CHAPTER 15 40-15-1. As used in this chapter, the term:

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(1) `Commissioner' means the commissioner of public safety. (2) `Coordinator' means the State-wide Motorcycle Safety Coordinator provided for in Code Section 40-15-4. (3) `Department' means the Department of Public Safety. (4) `Motorcycle' means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a moped. (5) `Operator' means any person who drives or is in actual physical control of a motorcycle. (6) `Program' means a motorcycle operator safety training program provided for in Code Section 40-15-2. 40-15-2. (a) (1) The department is authorized to set up, establish, and operate a motorcycle operator safety training program for the purpose of assisting motorcycle operators to meet the requirements for licensed driving of motorcycles in this state. (2) The coordinator, with the approval of the commissioner, shall be authorized to set up, establish, and operate additional motorcycle operator safety training programs. (b) Any such program shall provide a 20 hour course on motorcycle operator safety. The program shall be based on the Motorcycle Safety Foundation Motorcycle Rider Course or its equivalent in quality, utility, and merit. (c) The department shall issue a certificate of completion to each person who satisfactorily completes the motorcycle operator safety training program. 40-15-3. The department is authorized to adopt, promulgate, and establish rules and regulations for the operation of any motorcycle operator safety training program; to provide for the entrance and enrollment of students; to prescribe fees for the course; and to prescribe the ages, requirements, and conditions under which students may be received for instruction in any such program.

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40-15-4. (a) The commissioner shall appoint a State-wide Motorcycle Safety Coordinator who shall carry out and enforce the provisions of this chapter and the rules and regulations of the department. The coordinator shall be placed in the classified service of the state merit system. (b) The coordinator shall also be authorized to: (1) Promote motorcycle safety throughout the state; (2) Provide consultation to the various departments of state government and local political subdivisions relating to motorcycle safety; and (3) Do any other thing deemed necessary by the commissioner to promote motorcycle safety in the state. 40-15-5. Every person who desires to qualify as an instructor in a motorcycle operator safety training program shall meet the following requirements: (1) Be of good moral character; (2) Give satisfactory performance on a written, oral, performance, or combination examination administered by the coordinator testing both knowledge of the field of motorcycle operator education and skills necessary to instruct and impart motorcycle driving skills and safety to students. The instructor training program shall provide for a 50 hour course of instruction based on the Motorcycle Safety Foundation's Instructor Course or its equivalent in quality, utility, and merit. This course of instruction shall be held semiannually, and an examination fee prescribed by the coordinator shall be charged; (3) Be physically able to operate safely a motorcycle and to instruct others in the operation of motorcycles; and (4) Hold a valid Class 2 driver's license. Section 2 . This Act shall become effective upon adequate appropriations being made by the Georgia General Assembly to fund this Act.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. REGISTERED PROFESSIONAL SANITARIANSCONTINUING PROFESSIONAL EDUCATION REQUIRED FOR LICENSE RENEWAL. Code Section 43-42-7 Amended. No. 960 (Senate Bill No. 454). AN ACT To amend Chapter 42 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional sanitarians, so as to require completion of a continuing professional education program as a prerequisite for renewal of a license; to provide requirements for such programs; to provide for attendance at educational conferences of professional environmental organizations; to provide for practices and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 42 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional sanitarians, is amended by striking in its entirety Code Section 43-42-7, relating to renewal of licenses generally, and inserting in lieu thereof a new Code Section 43-42-7 to read as follows: 43-42-7. (a) The license of every person licensed under this chapter shall be renewable biennially.

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(b) To be eligible for renewal of a license, the applicant must have completed the number of continuing professional education hours, not to exceed ten contact hours, as prescribed by the board through rules and regulations. Nothing in this Code section shall prohibit an applicant for renewal of a license from obtaining the required number of continuing professional education hours through a program administered by a state agency, provided that any such continuing professional education program is approved by the head of the state agency and the board. (c) If the applicant has not practiced as a registered professional sanitarian for two or more years immediately prior to his or her application for renewal, the applicant shall present, along with such application, a validation of successful completion of a board-approved refresher course or other specific training in environmental control. Such course or training shall consist of such number of continuing professional education hours, not to exceed ten contact hours, as prescribed by the board through rules and regulations. (d) Attendance at the educational conferences of professional environmental organizations, such as the Georgia Environmental Health Association, may count toward the continuing education requirement. For prior approval, the conference program must be submitted to the board 60 days in advance of the meeting. The board shall publish and update as necessary a list of approved educational conferences. Such list shall be available to registered professional sanitarians on request. Attendance at a conference must be certified by an officer of the organization or the conference moderator. A sanitarian wishing to receive credit for attendance at conferences not on the approved list must submit a program, a list of faculty, and certification of attendance with a request for approval to the board. Section 2 . This Act shall become effective July 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984.

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HEALTHPERSONAL CARE HOMESA DEFINITION CHANGED. Code Section 31-7-11 Amended. No. 961 (Senate Bill No. 473). AN ACT To amend Code Section 31-7-11 of the Official Code of Georgia Annotated, relating to personal care homes, as enacted by an Act approved March 29, 1983 (Ga. L. 1983, p. 1323), and redesignated as Code Section 31-7-12 by H.B. 1155 at the 1984 regular session, so as to change a definition; to provide for registration of personal care homes; to provide for redesignations; to provide for ombudsman investigations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 31-7-11 of the Official Code of Georgia Annotated, relating to personal care homes, as enacted by an Act approved March 29, 1983 (Ga. L. 1983, p. 1323), and redesignated as Code Section 31-7-12 by H.B. 1155 at the 1984 regular session, is amended by striking that Code section in its entirety, which reads as follows: 31-7-12. (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, county boards of health may establish inspection fees to defray part of the costs of inspections performed for the department., and inserting in its place a new Code section to read as follows: 31-7-12. (a) As used in this Code section, the term `personal care home' means a facility as defined in the rules of the Department of Human Resources, Chapter 290-5-35.

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(b) All personal care homes shall be licensed as provided for in Code Section 31-7-3, except that, in lieu of licensure, the department may require persons who operate personal care homes with two or three beds for nonfamily adults to comply with registration requirements delineated by the department. Such registration requirements within this category shall authorize the department to promulgate pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' reasonable standards to protect the health, safety, and welfare of the occupants of such personal care homes. (c) 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, county boards of health may establish inspection fees to defray part of the costs of inspections performed for the department. (d) The state ombudsman or community ombudsman, on that ombudsman's initiative or in response to complaints made or on behalf of residents of a registered or licensed personal care home, may conduct investigations in matters within the ombudsman's powers and duties. Section 2 . This Act shall become effective upon its approval by 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 21, 1984.

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PENAL INSTITUTIONSSALE OF INMATES' WORK PRODUCTS TO PRIVATE COLLEGES, ETC., AUTHORIZED. Code Section 42-5-60 Amended. No. 962 (Senate Bill No. 545). AN ACT To amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the promulgation of rules and regulations governing hiring out of inmates, authority of political subdivisions to contract for services of inmates, sale of products produced by inmates, disposition of proceeds, and payment of inmates for services, so as to authorize the sale to private colleges and universities of goods, wares, or merchandise manufactured, produced, or mined by inmates of any state or county correctional institution; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the promulgation of rules and regulations governing hiring out of inmates, authority of political subdivisions to contract for services of inmates, sale of products produced by inmates, disposition of proceeds, and payment of inmates for services, is amended by striking subsection (b) of said Code section in its entirety and substituting in lieu thereof a new subsection (b) of said Code section to read as follows: (b) No goods, wares, or merchandise which has been manufactured, produced, or mined, wholly or in part, by the inmates of any state or county correctional institution operated under the jurisdiction of the board shall be sold in this state to any private person, firm, association, or corporation, except private colleges and universities; provided, however, that nothing in this subsection shall be construed to forbid the sale of such goods or merchandise to other political subdivisions, public authorities, municipalities, or agencies of the state or local governments to be consumed by them or to agencies of the state to be in turn sold by the agency to the public in the

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performance of the agency's duties as required by law. This subsection does not prohibit the sale of unprocessed agricultural products produced on state property. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. PUBLIC UTILITIESLIMITATION ON LIABILITY OF POLITICAL SUBDIVISIONS OF STATE FROM USE OF 911 EMERGENCY TELEPHONE SERVICE. Code Section 46-5-131 Enacted. No. 963 (House Bill No. 518). AN ACT To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 911 system, so as to provide that neither the state nor any political subdivision of the state nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof shall be liable for death or injury to the person or for damage to property as a result of establishing, participating in, or carrying out duties involved in operating the 911 emergency telephone system; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 911 system, is amended by adding at the end thereof a new Code Section 46-5-131 to read as follows: 46-5-131. Neither the state nor any political subdivision of the state nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof shall be liable for death or injury to the person or for damage to property as a result of establishing, participating in, or carrying out duties involved in operating the `911' emergency telephone system. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONSCOMPOSITION OF MEMBERSHIP, TERMS, ETC. Code Title 50, Chapter 8 Amended. No. 964 (House Bill No. 790). AN ACT To amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commissions, so as to change the composition of membership of a commission; to change the provisions relative to terms of office of members of a commission; 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 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commissions, is amended by striking subsection (a) of Code Section 50-8-84, relating to the composition of membership of a commission, and inserting in its place a new subsection (a) to read as follows: (a) The members of a commission for an area shall consist of: (1) The chairman of the board of commissioners of each county within the area; (2) The mayor of the most populous municipality within the area; (3) From each county within the area, except the most populous county within the area, the mayor of a municipality within such county, to be designated by majority vote of the mayors (except the mayor of the most populous municipality within the area) of all municipalities lying within such county; (4) From the most populous county within the area, the mayor of a municipality located within the northern half of such county elected by majority vote of the mayors of all municipalities located within the northern half of such county or the mayor of a municipality located within the southern half of such county elected by a majority vote of the mayors of all municipalities located within the southern half of such county; (5) A member of the legislative body of the most populous municipality lying within the area chosen by majority vote of the members of that legislative body; and (6) That number of persons, not holding elective or appointed public office or employed by any of the political subdivisions of the area, which shall be one less than the total number of public members designated by paragraphs (1) through (5) of this subsection, who shall be elected as follows: (A) Within ten days after a commission has been activated pursuant to Code Section 50-8-82 and within 90 days

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after the publication of a subsequent United States decennial census, the members of the General Assembly whose representative or senatorial districts lie wholly or partially within an area shall meet upon call by the Speaker of the House of Representatives and the President of the Senate and shall divide the area into the same number of districts as the number of members at large to be elected pursuant to this paragraph. Each district shall contain approximately the same population; shall consist of combinations of contiguous census tracts from the latest available United States decennial census; but may cross the boundary lines of political subdivisions; and (B) Within ten days after the area has been so divided into districts, the public members of a commission shall meet upon call of the chairman of the county commission of the most populous county within its area and elect one resident of each district as a member of the commission. Section 2 . Said article is further amended by striking subsection (d) of Code Section 50-8-85, relating to terms of office of members of a commission, and inserting in its place a new subsection (d) to read as follows: (d) (1) Except as provided in paragraph (2) of this subsection, upon the expiration of the term of office of a mayor of a municipality who has been designated by a majority vote of the mayors of all municipalities lying within a county in an area, the chairman of the board of commissioners of such county shall call a meeting of the mayors of all municipalities lying within such county, and such mayors shall designate a mayor from their number as a successor member of the commission, provided that nothing herein shall prevent an incumbent mayor who has been elected to another term of public office from being redesignated as a member of the commission. (2) Upon the expiration of the term of office of the mayor of a municipality located within the northern half of the most populous county within an area, the chairman of the board of commissioners shall call a meeting of the mayors of all the municipalities located within the southern half of such county and such mayors shall designate a mayor from their number as a successor member of the commission. Upon the expiration of the

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term of office of the mayor of a municipality located within the southern half of the most populous county within an area, the chairman of the board of commissioners of such county shall call a meeting of the mayors of all municipalities located within the northern half of such county and such mayors shall designate a mayor from their number as a successor member of the commission. Nothing in this paragraph shall prevent an incumbent mayor who has been elected to another term of office as mayor from being redesignated as a member of the commission. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. GENERAL ASSEMBLYFILLING VACANCIES IN OFFICE OF SECRETARY OF SENATE AND CLERK OF HOUSE. Code Section 28-3-20 Amended. No. 965 (House Bill No. 890). AN ACT To amend Code Section 28-3-20 of the Official Code of Georgia Annotated, relating to the election and terms of office of the Secretary of the Senate and Clerk of the House of Representatives, so as to provide for filling vacancies in the offices of the Secretary of the Senate and Clerk of the House of Representatives; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Code Section 28-3-20 of the Official Code of Georgia Annotated, relating to the election and terms of office of the Secretary of the Senate and Clerk of the House of Representatives, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 28-3-20 to read as follows: 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. In the event of a vacancy in the office of Clerk of the House of Representatives, the Speaker shall appoint a duly qualified person to fill such vacancy. The person so appointed shall serve for the remainder of the unexpired term. In the event of a vacancy in the office of Secretary of the Senate, the Assistant Secretary of the Senate shall serve as Secretary of the Senate until the next regular session. Section 2 . This Act shall become effective upon its approval by 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 21, 1984. EDUCATIONLAW AUTHORIZING CHANCELLOR OF UNIVERSITY SYSTEM TO APPEAR BEFORE GENERAL ASSEMBLY REPEALED. Code Section 20-3-69 Repealed. No. 966 (House Bill No. 893). AN ACT To repeal Code Section 20-3-69 of the Official Code of Georgia

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Annotated, authorizing the chancellor of the University System of Georgia to appear before the General Assembly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 20-3-69 of the Official Code of Georgia Annotated, authorizing the chancellor of the University System of Georgia to appear before the General Assembly, which reads as follows: 20-3-69. The chancellor of the university system may appear before the General Assembly once at each session and address them in person on the condition, interests, and wants of the system., is repealed in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. WILLSCONCLUSIVENESS OF PROBATE IN COMMON FORMTIME. Code Section 53-3-12 Amended. No. 967 (House Bill No. 912). AN ACT To amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, so as to

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change the periods of time within which probate in common form becomes conclusive upon all parties in interest; to provide for an effective date and for applicability; 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 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, is amended by striking Code Section 53-3-12, relating to conclusiveness of probate in common form, and inserting in its place a new Code section to read as follows: 53-3-12. (a) With respect to a will probated before July 1, 1984, probate in common form shall become conclusive upon all parties in interest after the earlier of July 1, 1988, or the expiration of seven years from the time of probate except upon minor heirs at law who require proof in solemn form and interpose a caveat within four years after arrival at the age of majority. In such cases, if the will is refused probate and record in solemn form, an intestacy shall be declared only as to the minor or minors and not as to others whose right to caveat is barred by lapse of time. (b) With respect to a will probated on or after July 1, 1984, probate in common form shall become conclusive upon all parties in interest four years from the time of probate, except upon minor heirs at law who require proof in solemn form and interpose a caveat within four years after arrival at the age of majority. In such cases, if the will is refused probate and record in solemn form, an intestacy shall be declared only as to the minor or minors and not as to others whose right to caveat is barred by lapse of time. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984.

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TAX SALESUNRETURNED PROPERTYTIME OF ADVERTISEMENT. Code Section 48-4-2 Amended. No. 968 (House Bill No. 913). AN ACT To amend Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, so as to change the period of time required for advertisement of sales of property not returned for taxation; 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 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, is amended by striking Code Section 48-4-2, relating to assessment and disposition of unreturned property, and inserting in its place a new Code section to read as follows: 48-4-2. When property which has not actually been returned by anyone is assessed for taxes, the tax collector or tax commissioner shall issue an execution against the property as soon as it is assessed for the amount due and costs. The sheriff shall advertise the property for sale in the newspaper in which sheriff's sales are advertised once a week for four weeks before the day of sale. If the taxes are not paid by the day of the sale, the property shall be sold, but only if renting or hiring the property will not bring the requisite amount. Surplus from a sale after the payment of the taxes and costs shall be paid over to the county governing authority as a part of the educational fund, together with a statement of the property and account of sales, subject to the claim of the true owner within four years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984.

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MUNICIPAL ELECTIONSPENALTIES FOR VIOLATION OF ELECTION CODE. Code Title 21, Chapter 3 Amended. No. 969 (House Bill No. 937). AN ACT To amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, so as to change certain provisions relative to penalties; to provide for penalties for violations of the Georgia Municipal Election Code; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, is amended by repealing Code Section 21-3-16, relating to making of false statements in connection with filing notice of candidacy, which reads as follows: 21-3-16. (a) Any person knowingly making any false statement in connection with filing a notice of candidacy under Code Section 21-3-91 or in connection with qualifying as a candidate for party nomination under Code Section 21-3-98 commits the offense of false swearing. (b) The district attorney of the county in which all or the greater portion of any municipality is situated shall furnish all investigative personnel and facilities to the election superintendent or political party as needed to determine the accuracy and correctness of all facts set forth in the affidavits filed pursuant to Code Sections 21-3-91 and 21-3-98 and shall commence prosecution of any person when it appears that a violation of this Code section has occurred. (c) Where proper venue of any such prosecution would be in another county, the district attorney whose office conducted the investigation shall forward all evidence and other data to the district attorney of the county where venue is proper; and prosecution shall be commenced by such official.

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Section 2 . Said chapter is further amended by repealing Code Section 21-3-17, relating to penalties for violations of the Georgia Municipal Election Code, which reads as follows: 21-3-17. Except as otherwise provided in Code Section 21-3-16, any person who violates any provision of this chapter shall be guilty of a misdemeanor. Section 3 . Said chapter is further amended by adding a new Article 14 to read as follows: ARTICLE 14 21-3-440. Except as otherwise provided in Code Section 21-3-441, any person who shall make a false statement under oath or affirmation regarding any material matter or thing relating to any subject being investigated, heard, determined, or acted upon by any public official in accordance with this chapter shall be guilty of a misdemeanor. 21-3-441. (a) Any person knowingly making any false statement in connection with filing a notice of candidacy under Code Section 21-3-91 or in connection with qualifying as a candidate for party nomination under Code Section 21-3-98 commits the offense of false swearing. (b) The district attorney of the county in which all or the greater portion of any municipality is situated shall furnish all investigative personnel and facilities to the election superintendent or political party as needed to determine the accuracy and correctness of all facts set forth in the affidavits filed pursuant to Code Sections 21-3-91 and 21-3-98 and shall commence prosecution of any person when it appears that a violation of this Code section has occurred. (c) Where proper venue of any such prosecution would be in another county, the district attorney whose office conducted the investigation shall forward all evidence and other data to the district attorney of the county where venue is proper; and prosecution shall be commenced by such official. 21-3-442. Any person who:

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(1) Registers as an elector knowing that he does not possess the qualifications required by law; (2) Registers as an elector under any other name than his own; or (3) Knowingly gives a false residence when registering as an elector shall be guilty of a misdemeanor. 21-3-443. (a) Any person who willfully: (1) Inserts or permits to be inserted any fictitious name, false figure, false statement, or other fraudulent entry on or in any registration card, electors list, voter's certificate, affidavit, tally paper, general or duplicate return sheet, statement, certificate, oath, voucher, account, ballot or ballot card, or other record or document authorized or required to be made, used, signed, returned, or preserved for any public purpose in connection with any primary or election; (2) Alters materially or intentionally destroys any entry which has been lawfully made therein; or (3) Takes or removes any book, affidavit, return, account, ballot or ballot card, or other document or record from the custody of any person having lawful charge thereof, in order to prevent the same from being used or inspected or copied as required or permitted by this chapter shall be guilty of a felony. (b) Any person who willfully neglects or refuses, within the time and in the manner required by this chapter, to deliver any such document described in subsection (a) of this Code section into the custody of the officers who are required by this chapter to use or keep the same shall be guilty of a misdemeanor. 21-3-444. Any person who knowingly and willfully: (1) Signs any nomination petition without having the qualifications prescribed by this chapter;

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(2) Sets any false statement opposite the signature on a nomination petition; (3) Signs more nomination petitions than permitted by this chapter; (4) Makes a false statement in any affidavit required by this chapter to be appended to or to accompany a nomination petition; (5) Signs any name not his own to any nomination petition; or (6) Materially alters any nomination petition without the consent of the signers shall be guilty of a felony. 21-3-445. Any person who willfully makes any false nomination certificate or defaces or destroys any nomination petition, nomination certificate, nomination paper, or letter of withdrawal, knowing the same, or any part thereof, to be made falsely, or who suppresses any nomination petition, nomination certificate, or nomination paper, or any part thereof, which has been duly filed shall be guilty of a felony. 21-3-446. Any person who: (1) Willfully prevents or attempts to prevent any poll officer from holding any primary or election under this chapter; (2) Uses or threatens violence to any poll officer or interrupts or improperly interferes with the execution of his duty; (3) Willfully blocks or attempts to block the avenue to the door of any polling place; (4) Uses or threatens violence to any elector to prevent him from voting; (5) Willfully prepares or presents to any poll officer a fraudulent voter's certificate not signed by the elector whose certificate it purports to be;

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(6) Knowingly deposits fraudulent ballots in the ballot box; (7) Knowingly registers fraudulent votes upon any voting machine; or (8) Willfully tampers with any electors list, voters certificates, numbered list of voters, ballot box, voting machine, vote recorder, or tabulating machine shall be guilty of a felony. 21-3-447. Any person who uses or threatens to use force and violence or in any other manner intimidates any other person to: (1) Vote or refrain from voting at any primary or election or to vote or refrain from voting for or against any particular candidate or questions submitted to electors at such primary or election; or (2) Place or refrain from placing his name upon a register of electors shall be guilty of a misdemeanor. 21-3-448. Any person who: (1) Goes into the voting compartment or voting machine booth while another is voting or who marks the ballot or ballot card or registers to vote for another, except in strict accordance with this chapter; (2) Interferes with any elector marking his ballot or ballot card or registering his vote; (3) Attempts to induce any elector before depositing his ballot or ballot card to show how he marks or has marked his ballot or ballot card; (4) While giving lawful assistance to another, attempts to influence the vote of the elector whom he is assisting or marks a ballot or ballot card or registers a vote in any other way than that requested by the voter whom he is assisting; or

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(5) Discloses to anyone how such person voted except when required to do so in any legal proceeding shall be guilty of a misdemeanor. 21-3-449. Any person, including any poll officer, who willfully prevents any poll officer from performing the duties imposed on him by this chapter shall be guilty of a felony. 21-3-450. Any person who buys or sells, offers to buy or sell, or knowingly participates in the buying or selling of votes at any primary or election shall be guilty of a felony. 21-3-451. Any person who votes or attempts to vote at any primary or election, knowing that he does not possess all the qualifications of an elector at such primary or election as required by law, or who votes or attempts to vote at any primary in violation of Code Section 21-3-136 shall be guilty of a misdemeanor. 21-3-452. Any person who votes in more than one precinct in the same primary or election or otherwise fraudulently votes more than once at the same primary or election shall be guilty of a felony. 21-3-453. Any person who votes or attempts to vote by absentee ballot at any primary or election under Article 10 of this chapter and who is not qualified to vote shall be guilty of a misdemeanor. 21-3-454. Any person, other than the officer charged by law with the care of ballots or ballot cards or a person entrusted by any such officer with the care of the same for a purpose required by law, who has in his possession outside the polling place any official ballot or ballot card shall be guilty of a felony. 21-3-455. (a) Any person who makes, constructs, or has in his possession any counterfeit of an official ballot, ballot card, or ballot label shall be guilty of a felony. (b) This Code section shall not be applied to facsimile ballots printed and published as an aid to electors in any newspaper generally and regularly circulated within the state, so long as such facsimile ballot is at least 25 percent larger or smaller than the official ballot of which it is a facsimile. This Code section shall not be applied to any sample or facsimile ballot or ballot labels obtained under Code

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Section 21-3-194. Nothing in this Code section shall be so construed as to prohibit the procurement and distribution of reprints of the said newspaper printings; nor shall it be so construed as to prohibit the preparation and distribution by county election officials of facsimile ballots and ballot labels or portions thereof, provided that they are of a different color and at least 25 percent larger or smaller than the official ballots or ballot labels. (c) Nothing in this Code section shall be so construed as to prohibit any person from procuring and distributing reprints or portions of reprints of any sample or facsimile ballots or ballot labels as provided in Code Section 21-3-194, provided such reprints or portions of reprints are of a different color and at least 25 percent larger or smaller than the official ballots or ballot labels. 21-3-456. Any person who willfully destroys or defaces any ballot or ballot card or willfully delays the delivery of any ballots or ballot cards shall be guilty of a misdemeanor. 21-3-457. Any person removing any ballot from any book of official ballots, except in the manner provided by this chapter, shall be guilty of a misdemeanor. 21-3-458. Any person who, before any ballot or ballot card is deposited in the ballot box as provided by this chapter, willfully unfolds, opens, or pries into any such ballot or ballot card with the intent to discover the manner in which the same has been marked shall be guilty of a misdemeanor. 21-3-459. Any voter at any primary or election who: (1) Allows his ballot, ballot card, or the face of the voting machine used by him to be seen by any person with the apparent intention of letting it be known for a fraudulent purpose how he is about to vote; (2) Casts or attempts to cast any other than the official ballot or ballot card which has been given to him by the proper poll officer or advises or procures another to do so; (3) Without having made the declaration under oath or affirmation required by Code Section 21-3-318, or when the disability which he declared at the time of registration no longer

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exists, permits another to accompany him into the voting compartment or voting machine booth or to mark his ballot or ballot card or to register his vote on the voting machine or vote recorder; or (4) States falsely to any poll officer that because of his inability to read the English language or because of blindness, near-blindness, or other physical disability he cannot mark the ballot or ballot card or operate the voting machine without assistance shall be guilty of a misdemeanor. 21-3-460. Any person who: (1) Unlawfully opens, tampers with, or damages any voting machine to be used or being used at any primary or election; (2) Willfully prepares a voting machine for use in a primary or election in an improper order for voting; or (3) Prevents or attempts to prevent the correct operation of such machine shall be guilty of a felony. 21-3-461. Any unauthorized person who makes or knowingly has in his possession a key to a voting machine to be used or being used in any primary or election shall be guilty of a felony. 21-3-462. Any person who tampers with or damages any vote recorder or tabulating machine to be used or being used at or in connection with any primary or election or who prevents or attempts to prevent the correct operation of any vote recorder or tabulating machine shall be guilty of a felony. 21-3-463. Any person who: (1) Prior to any primary or election, willfully defaces, removes, or destroys any notice or list of candidates posted in accordance with this chapter;

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(2) During any primary or election, willfully defaces, tears down, removes, or destroys any card of instructions, notice of penalties, or diagram printed or posted for the instruction of electors; or (3) During any primary or election, willfully removes or destroys any of the supplies or conveniences furnished to any polling place in order to enable electors to vote or the poll officers to perform their duties. shall be guilty of a misdemeanor. 21-3-464. If any manager refuses or willfully fails to administer the oath to the poll officer in the manner required by this chapter, or if any poll officer shall knowingly act without being first duly sworn, or if any such person shall sign the written form of oath without being duly sworn, or if any manager or any other person authorized to administer oaths shall certify that any such person was sworn when he was not, he shall be guilty of a misdemeanor. 21-3-465. (a) Any superintendent or employee of his office who willfully refuses to permit the public inspection or copying, in accordance with this chapter, of any general or duplicate return sheet, tally paper, affidavit, petition, certificate, paper, account, contract, report, or any other document or record in his custody, or who willfully removes any such document or record from his office during said period, or who permits the same to be removed, except pursuant to the direction of any competent authority, shall be guilty of a misdemeanor. (b) Any superintendent or employee of his office who willfully destroys or alters, or permits to be destroyed or altered, any document described in subsection (a) of this Code section during the period for which the same is required to be kept shall be guilty of a felony. 21-3-466. Any poll officer who willfully: (1) Makes a false return of the votes cast at any primary or election; (2) Deposits fraudulent ballots or ballot cards in the ballot box or certifies as correct a false return of ballots or ballot cards;

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(3) Registers fraudulent votes upon any voting machine or certifies as correct a return of fraudulent votes cast upon any voting machines; (4) Makes any false entries in the electors list; (5) Destroys or alters any ballot, ballot card, voter's certificate, or electors list; (6) Tampers with any voting machine, vote recorder, or tabulating machine; (7) Prepares or files any false voter's certificate not prepared by or for an elector actually voting at such primary or election; or (8) Fails to return to the officials prescribed by this chapter, following any primary or election, any keys of a voting machine; ballot box; general or duplicate return sheet; tally paper; oaths of poll officers; affidavits of electors and others; record of assisted voters; numbered list of voters; electors list; voters certificates; unused, spoiled, and canceled ballots or ballot cards; ballots or ballot cards deposited, written, or affixed in or upon a voting machine; or any certificate or any other paper or record required to be returned under this chapter shall be guilty of a felony. 21-3-467. Any poll officer who counts any votes before the close of the polls or before the last person has voted, whichever occurs later in time, on the day of any primary or election shall be guilty of a misdemeanor. 21-3-468. Any poll officer who willfully: (1) Fails to file the voter's certificate of any elector actually voting at any primary or election; (2) Fails to record voting information as required by this chapter; or (3) Fails to insert in the numbered list of voters the name of any person actually voting

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shall be guilty of a misdemeanor. 21-3-469. Any poll officer who: (1) Permits any unregistered person to vote at any primary or election, knowing such person is unregistered; (2) Permits any person registered as an elector to vote, knowing that such person is not qualified to vote, whether or not such person has been challenged; (3) Refuses to permit any duly registered and qualified person to vote at any primary or election, with the knowledge that such person is entitled to vote; or (4) Renders assistance to an elector in voting in violation of Code Section 21-3-318 or knowingly permits another person to render such assistance in violation of Code Section 21-3-318 shall be guilty of a misdemeanor. 21-3-470. Any poll officer who permits a voter to be accompanied by another into the voting compartment or voting machine booth when such poll officer knows that the disability which the voter declared at the time of registration no longer exists or that the disability which the voter declared at the time of voting did not exist shall be guilty of a misdemeanor. 21-3-471. Any poll officer who willfully fails to keep a record, as required by Code Section 21-3-318, of the name of each voter who received assistance, the exact disability of any assisted voter which makes the assistance necessary, and the name of each person rendering assistance to a voter shall be guilty of a misdemeanor. 21-3-472. Any law enforcement officer who: (1) Willfully neglects or refuses to clear an avenue to the door of any polling place which is obstructed in such a way as to prevent electors from entering, when called to do so by any poll officer or elector of the precinct; (2) Willfully neglects or refuses to maintain order and quell any disturbance if such arises at any polling place upon the date of

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any primary or election, when called upon to do so by any poll officer or elector of the precinct; or (3) Willfully hinders or delays or attempts to hinder or delay any poll officer in the performance of any duty under this chapter shall be guilty of a misdemeanor. 21-3-473. Any printer employed to print any official ballots or ballot cards for use in a primary or election or any person engaged in printing the same who: (1) Appropriates to himself or gives or delivers or knowingly permits to be taken any of said ballots or ballot cards by any unauthorized person; or (2) Willfully and knowingly prints or causes to be printed any official ballot or ballot cards in any form other than that prescribed by the appropriate officials, or with any other names or printing, or with the name spelled otherwise than as directed by such officials, or the names or printing thereon arranged in any other way than that authorized and directed by this chapter shall be guilty of a felony. 21-3-474. Any public officer or any officer of a political party or body on whom a duty is laid by this chapter who willfully neglects or refuses to perform his duties shall be guilty of a misdemeanor. 21-3-475. Any person who intentionally interferes with, hinders, or delays or attempts to interfere with, hinder, or delay any other person in the performance of any act or duty authorized or imposed by this chapter shall be guilty of a misdemeanor. 21-3-476. Except as otherwise provided by law, any person who shall sell or buy or offer for sale any alcoholic beverages on primary or election days shall be guilty of a misdemeanor. 21-3-477. Except as otherwise provided by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor.

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21-3-478. Any person convicted of a misdemeanor under this chapter shall be subject to any one or more of the following, in the discretion of the trial judge: (1) A fine of not less than $100.00 nor more than $1,000.00; (2) A sentence of confinement in the county jail or other place of imprisonment for a period not to exceed six months; or (3) A sentence of confinement in a county correctional institution or other appropriate institution under the jurisdiction of the Department of Offender Rehabilitation not to exceed 12 months. 21-3-479. Any person convicted of a felony under this chapter shall be punished by a fine not to exceed $2,000.00 or imprisonment of not less than one year nor more than three years, or both, in the discretion of the trial court, or may be punished as for a misdemeanor, in the discretion of the trial court. 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 21, 1984.

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ELECTIONSDISTRIBUTIONS OF CERTAIN MATERIALS BY POLL OFFICERS NOT PROHIBITED. Code Title 21, Chapters 2 and 3 Amended. No. 970 (House Bill No. 939). AN ACT To amend Code Section 21-2-414 of the Official Code of Georgia Annotated, relating to restrictions on campaign activities within the vicinity of a polling place, and Code Section 21-3-321 of the Official Code of Georgia Annotated, relating to restrictions on campaign activities within the vicinity of a polling place in municipal elections, so as to provide for the distribution of materials to promote voter participation; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 21-2-414 of the Official Code of Georgia Annotated, relating to restrictions on campaign activities within the vicinity of a polling place, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. Section 2 . Code Section 21-3-321 of the Official Code of Georgia Annotated, relating to restrictions on campaign activities within the vicinity of a polling place in municipal elections, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

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(c) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. 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 21, 1984. ELECTIONSDISPLAY OF VOTE RECORDERS PRIOR TO ELECTIONS. Code Title 21, Chapters 2 and 3 Amended. No. 971 (House Bill No. 941). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the requirements regarding the display of vote recorders prior to 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 Code Section 21-2-361, relating to instruction of electors as to use of vote recorders, in its entirety and inserting in lieu thereof a new Code Section 21-2-361 to read as follows:

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21-2-361. During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he may deem most suitable for the information and instruction of the electors, one or more vote recorders. Insofar as practicable, the vote recorders shall contain the ballot labels and show the offices and questions to be voted upon, the names and arrangements of parties and bodies, and the names and arrangements of the candidates to be voted for. Such recorder or recorders shall be under the charge and care of a person competent as custodian and instructor. Section 2 . Said title is further amended by striking Code Section 21-3-259, relating to instruction of electors as to use of vote recorders before primary or election, in its entirety and inserting in lieu thereof a new Code Section 21-3-259 to read as follows: 21-3-259. During the five days preceding a general primary or election or during the three days preceding a special primary or election, the municipal superintendent shall place on public exhibition, in such public places and at such times as he may deem most suitable for the information and instruction of the electors, one or more vote recorders. Insofar as practicable, the vote recorders shall contain the ballot labels and show the offices and questions to be voted upon, the names and arrangements of parties and bodies, and the names and arrangements of the candidates to be voted for. Such recorder or recorders shall be under the charge and care of a person competent as custodian and instructor. 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 21, 1984.

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ELECTIONSVOTER REGISTRATION IN HIGH SCHOOLS AND AREA VOCATIONAL SCHOOLS. Code Title 21, Chapters 2 and 3 Amended. No. 972 (House Bill No. 943). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the principal of every public and private high school and the director of each area vocational school is authorized to invite a deputy registrar to the school to register qualified students and employees as electors; to provide for and to clarify certain exemptions and procedures; to provide for informing students that they may register to vote at school; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (c) of Code Section 21-2-212, relating to appointment of deputy registrars, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Each principal or assistant principal of every public or private high school and the director of each area vocational school in this state shall be a deputy to the board of registrars for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or who are employed by the school. Such principals or assistant principals and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school and the director of each area vocational school are authorized to invite a deputy registrar to the school to register as electors those persons whom the principal or director would be authorized to register under this subsection. Code Section 21-2-213 shall not apply to the principal or assistant principal of any public or private high school or the director of any area vocational school who serves as a deputy registrar by virtue of this subsection.

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Section 2 . Said title is further amended by striking subsection (e) of Code Section 21-3-120, relating to appointment of deputy registrars, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) Each principal or assistant principal of every public or private high school and the director of each area vocational school in this state shall be a deputy registrar for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or who are employed by the school. Such principals or assistant principals and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school and the director of each area vocational school are authorized to invite a deputy registrar to the school to register as electors those persons whom the principal or director would be authorized to register under this subsection. Code Section 21-3-121 shall not apply to the principal or assistant principal of any public or private high school or the director of any area vocational school who serves as a deputy registrar by virtue of this subsection. 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 21, 1984.

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BONDS AND RECOGNIZANCESSCHEDULE OF BAILS BY JUDGES OF COURTS OF INQUIRY. Code Section 17-6-1(e) Enacted. No. 973 (House Bill No. 950). AN ACT To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bail generally, so as to authorize courts of inquiry to establish schedules of bail for certain offenses; to provide for conditions; 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 bail generally, is amended by adding at the end thereof a new subsection (e) to read as follows: (e) (1) Except as provided in paragraph (2) of this subsection, the judge of any court of inquiry may by written order establish a schedule of bails. A person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used. (2) The authority granted in paragraph (1) of this subsection shall not apply to any offense listed in subsection (b) of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984.

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ELECTIONSJOINT COUNTY-MUNICIPAL BOARDS OF REGISTRATION AND ELECTIONS AUTHORIZED. Code Section 21-2-45 Enacted. No. 974 (House Bill No. 969). AN ACT To amend Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election and registration officers, so as to provide for joint county-municipal boards of election and for joint county-municipal boards of election and registration; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election and registration officers, is amended by adding at the end thereof a new Subpart 3 to read as follows: Subpart 3 21-2-45. (a) The General Assembly may by local Act create a joint county-municipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections pursuant to this chapter and Chapter 3 of this title. (b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections pursuant to this chapter and Chapter 3 of this title and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. WILLSWHEN PROBATE IN COMMON FORM MAY BE TAKEN. Code Section 53-3-11 Amended. No. 975 (House Bill No. 983). AN ACT To amend Code Section 53-3-11 of the Official Code of Georgia Annotated, relating to when probate in common form may be taken, so as to change the time for taking probate in common form and the time for granting the ordering admitting the will to record; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 53-3-11 of the Official Code of Georgia Annotated, relating to when probate in common form may be taken, is amended by striking that Code section in its entirety, which reads as follows: 53-3-11. Probate in common form may be taken by the judge of the probate court at any time, but the order admitting the will to record shall be granted only at a regular term., and inserting in its place a new Code section to read as follows: 53-3-11. Probate in common form may be taken and the order admitting the will to record may be granted by the judge of the probate court at any time where authorized or not prohibited by law.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. EMINENT DOMAINFILING OF OATH OF SPECIAL MASTERFORM OF AWARD. Code Title 22, Chapter 2 Amended. No. 976 (House Bill No. 988). AN ACT To amend Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation proceedings before a special master, so as to change the provisions relating to the filing of the oath of a special master; 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 22 of the Official Code of Georgia Annotated, relating to condemnation proceedings before a special master, is amended by striking Code Section 22-2-103, relating to appointment of a special master generally, in its entirety and inserting in lieu thereof a new Code Section 22-2-103 to read as follows: 22-2-103. The special master provided for in this article shall be appointed by the judge or judges of the superior courts of each judicial circuit and shall discharge the duties provided for in this article. Nothing contained in this article shall be construed as limiting the number of special masters for the circuit, and any judge of the superior court may appoint a special master for any particular case or cases. The special master so appointed must be a competent attorney

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at law, be of good standing in his profession, and have at least three years' experience in the practice of law. His relation and accountability to the court shall be that of an auditor or master in the general practice existing in this state. He shall hold office at the pleasure of the judge and shall be removable at any time with or without cause. Each special master shall take and file in the office of the clerk of the superior court of the county in which the property or interest to be condemned is situated, along with the order of his appointment, an oath or affidavit substantially in the form prescribed in Code Section 22-2-105. Section 2. Said article is further amended by striking Code Section 22-2-105, relating to the oath of the special master, in its entirety and inserting in lieu thereof a new Code Section 22-2-105 to read as follows: 22-2-105. The special master is required to take the following oath to be filed along with the order of his appointment in the office of the clerk of the superior court of the county in which the property or interest to be condemned is situated: Section 3 . Said article is further amended by striking subsection (c) of Code Section 22-2-110, relating to the award of a special master and the form thereof, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

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(c) The award shall be in the following form:

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. CRIMES AND OFFENSESAGGRAVATED CHILD MOLESTATION DEFINEDPUNISHMENT. Code Section 16-6-4 Amended. No. 977 (House Bill No. 998). AN ACT To amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to the offense of child molestation, so as to provide that when child molestation involves physical injury to the child or an act of sodomy it shall constitute the offense of aggravated child molestation; to provide a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to the offense of child molestation, is amended by adding new subsections (c) and (d) to read as follows: (c) A person commits the offense of aggravated child molestation when he commits an offense of child molestation which results in physical injury to the child or involves an act of sodomy.

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(d) A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than one nor more than 30 years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. AD VALOREM TAXATIONPREFERENTIAL ASSESSMENT OF REAL PROPERTY DEVOTED TO AGRICULTURAL PURPOSES LAW AMENDED. Code Section 48-5-7.1 Amended. No. 978 (House Bill No. 989). AN ACT To amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property devoted to agricultural purposes, so as to require that property which is subject to preferential assessment be separately classified from all other property on the tax digest; to provide that covenants to maintain such property in agricultural use shall be public records; to provide that such covenants shall not be breached by the transfer or nonagricultural use of a certain part of such property; to provide that such covenants shall not be breached by certain mineral exploration of such property or by allowing such property to lie fallow or idle for certain purposes; to provide that a reduced penalty shall apply where a covenant is breached solely as the result of the foreclosure of a deed to serve debt executed as a part of a bona fide commercial loan transaction; to provide for 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 . Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property devoted to agricultural purposes, is amended by adding new subsections (n), (o), (p), and (q) to read as follows: (n) The transfer of a part of the property subject to a covenant shall not constitute a breach of a covenant entered into before or after the effective date of this subsection if: (1) The part of the property so transferred is used for single-family residential purposes and the residence is occupied by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and (2) The part of the property so transferred, taken together with any other part of the property so transferred during the covenant period, does not exceed a total of three acres. (o) The following shall not constitute a breach of a covenant entered into before or after the effective date of this subsection: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith commercial production from or on the land of agricultural products; or (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes. (p) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to readily ascertain that the property is subject to preferential assessment. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to readily locate the covenant affecting any particular property subject to preferential assessment.

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(q) (1) In any case in which a convenant is breached solely as a result of the foreclosure of a deed to secure debt, the penalty specified by paragraph (2) of this subsection shall apply and the penalty specified by subsection (g) of this Code section shall not apply if: (A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (g) of this Code section. (2) When a breach occurs solely as a result of a foreclosure which meets the qualifications of paragraph (1) of this subsection, the penalty imposed shall be the total amount by which preferential assessment has reduced taxes otherwise due during the period of the covenant. (3) A penalty imposed under this subsection shall bear interest at the rate specified in Code Section 48-2-40 from the date the convenant is breached. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984.

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STATE BOARD OF PARDONS AND PAROLESORGANIZATION AND PROCEDURES CHANGED. Code Title 42, Chapter 9 Amended. No. 979 (House Bill No. 1033). AN ACT To amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions governing the State Board of Pardons and Paroles, so as to delete the requirement that members select from their number a secretary of the board; to change provisions regarding reports made by 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 . Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions governing the State Board of Pardons and Paroles, is amended by striking in its entirety Code Section 42-9-6, relating to the selection of a chairman and a secretary of the board, and inserting in its place 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 chairman shall draw no salary from the state in addition to that which he receives as a member of the board. Section 2 . Said article is further amended by striking in its entirety Code Section 42-9-19, relating to annual reports of the board, and inserting in its place 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, each body of the General Assembly, 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.

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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 21, 1984. LAW ENFORCEMENT OFFICERS AND AGENCIESDUTY TO COLLECT, CLASSIFY AND PRESERVE CERTAIN INFORMATION. Code Title 35, Chapters 1 and 3 Amended. No. 980 (House Bill No. 1070). AN ACT To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the collection, classification, and preservation of information which would assist in the identification of any deceased individual or in the location of any missing person; to provide for the exchange of such records and information with other governmental authorities; 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 . Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding at the end of Chapter 1, relating to general provisions concerning law enforcement officers and agencies, a new Code Section 35-1-8 to read as follows:

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35-1-8. It shall be the duty of every law enforcement agency to: (1) Acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (2) Acquire, collect, classify, and preserve immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person and the agency shall acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin; and (3) Exchange such records and information as provided in paragraphs (1) and (2) of this Code section with other law enforcement agencies of this state, any other state, or the United States. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies. Section 2 . Said title is further amended by striking in its entirety subsection (a) of Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, and inserting in lieu thereof a new subsection (a) to read as follows: (a) It shall be the duty of the bureau to: (1) Take, receive, and forward fingerprints, photographs, descriptions, and measurements of persons in cooperation with the bureaus and departments of other states and of the United States; (2) Exchange information relating to crime and criminals; (3) Keep permanent files and records of such information procured or received; (4) Provide for the scientific investigation of articles used in committing crimes or articles, fingerprints, or bloodstains found at the scenes of crimes;

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(5) Provide for the testing and identification of weapons and projectiles fired therefrom; (6) Acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (7) Acquire, collect, classify, and preserve immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person and the bureau shall acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin; and (8) Exchange such records and information as provided in paragraphs (6) and (7) of this subsection with, and for the official use of, authorized officials of the federal government, the states, cities, counties, and penal and other institutions. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984.

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PUBLIC TRANSPORTATIONLIMITATION OF LIABILITY OF CERTAIN COMMON CARRIERSLIENS OF CARRIERS. Code Title 46, Chapter 9 Amended. No. 981 (House Bill No. 1073). AN ACT To amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to change the provisions relating to the power of certain common carriers to limit liability; to authorize certain motor common carriers of property to limit their liability through certain procedures; to provide that a carrier's lien shall attach to personal property of the debtor, other than consumer goods, which comes into the possession of the carrier; to provide an exception; to provide for 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 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, is amended by striking in its entirety Code Section 46-9-2, relating to power of common carrier to limit liability, and inserting in lieu thereof a new Code Section 46-9-2 to read as follows: 46-9-2. A common carrier may not limit his legal liability by any notice given either by publication or by entry on receipts given or tickets sold, provided that a common carrier may limit his liability by means of an express contract; provided, however, that a motor common carrier of household goods and office furnishings may require a shipper to declare a lump sum value for the shipment prior to loading or accept the per pound released value as provided in the terms of the bill of lading contract for the purpose of limiting its liability. Section 2 . Said chapter is further amended by striking in its entirety Code Section 46-9-191, relating to liens of carriers for freight

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charges, and inserting in lieu thereof a new Code Section 46-9-191 to read as follows: 46-9-191. When a carrier has complied with his contract as to transportation, he shall have a lien on the goods for the freight charges and may retain possession until the lien is paid, unless this right is waived by special contract or actual delivery of the goods. If the goods are delivered, the carrier acquires a lien for the freight charges on and may until the lien is paid retain possession of other goods belonging to the debtor which come into the possession of the carrier. The immediately preceding sentence shall not apply to consumer goods which are used or bought for use for personal, family, or household purposes, except when a motor carrier of household goods and office furnishings may retain possession of such goods. 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 21, 1984. ELECTIONSDUTY OF BOARDS OF REGISTRARS TO FURNISH LIST OF QUALIFIED ELECTORS. Code Section 21-2-234 Amended. No. 982 (House Bill No. 1114). AN ACT To amend Code Section 21-2-234 of the Official Code of Georgia Annotated, relating to the filing of certified list of qualified electors with clerk of superior court and Secretary of State and furnishing copies of such list, so as to change the provisions relating to the cost of

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furnishing a computer-run list or a computer tape containing such list; 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 21-2-234 of the Official Code of Georgia Annotated, relating to the filing of certified list of qualified electors with clerk of superior court and Secretary of State and furnishing copies of such list, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) In those counties using computers to maintain the list of electors, it shall be the duty of the boards of registrars of such counties to furnish a computer-run list at a cost not to exceed one-quarter of a cent per name or a computer tape containing such list, upon payment of a fee to cover the actual cost of providing such tape or both the tape and the computer-run list as requested; provided, however, that the total cost of providing such tape or computer-run list, or both, shall not be less than $15.00. 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 21, 1984.

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ELECTIONSMEANING OF PUBLIC OFFICESOIL AND WATER CONSERVATION DISTRICT SUPERVISORS EXCLUDED. Code Section 21-2-2 Amended. No. 983 (House Bill No. 1118). AN ACT To amend Code Section 21-2-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Georgia Election Code, so as to provide that public office to which the Georgia Election Code applies shall not include soil and water conservation district supervisors; 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 21-2-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Georgia Election Code, is amended by striking paragraph (25) in its entirety and substituting in lieu thereof a new paragraph (25) to read as follows: (25) `Public office' means every federal, state, and county office to which persons can be elected by a vote of the electors under the laws of this state, except that the term shall not include the office of soil and water conservation district supervisor. Section 2 . This Act shall become effective upon its approval by 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 21, 1984.

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MOTOR VEHICLE ACCIDENT INSURANCERESTORATION FEE FOR RETURN OF LICENSES AFTER CANCELLATION OF INSURANCE. Code Section 33-34-10 Amended. No. 984 (House Bill No. 1201). AN ACT To amend Code Section 33-34-10 of the Official Code of Georgia Annotated, relating to requirement of proof of insurance prior to licensing of motor vehicles, so as to change the amount of restoration fee charged for the return of any operator's license, motor vehicle license tag, and tag registration which has been suspended; 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 33-34-10 of the Official Code of Georgia Annotated, relating to requirement of proof of insurance prior to licensing of motor vehicles, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) In cases in which the minimum insurance required by this chapter is canceled by the insurer, upon receipt of notification of such cancellation, the Department of Public Safety shall send a notice to the owner of the motor vehicle that the Department of Public Safety has been informed of the fact of the cancellation. Upon receipt of the notice from the Department of Public Safety, it shall be the duty of the owner of such motor vehicle, on such form provided by the Department of Public Safety, to notify the Department of Public Safety as to whether he has obtained the minimum coverage required by this chapter, indicating the insurance company with which any coverage has been obtained and the policy number or binder number and the certificate required by the Department of Public Safety. The information shall be furnished to the Department of Public Safety within 15 days of the date on which the notification was mailed by the Department of Public Safety. Such forms shall contain such additional information as may be required by the Department of Public Safety. If that information is not received by the Department of

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Public Safety within the specified time period or if no minimum insurance coverage has been obtained, the Department of Public Safety shall suspend the motor vehicle operator's license of the owner and the motor vehicle license tag issued to such motor vehicle and the Department of Public Safety shall require the owner of the motor vehicle to forward his motor vehicle operator's license and any motor vehicle license tag and tag registration issued to such vehicle to the Department of Public Safety. Upon satisfactory proof of compliance with this chapter, the commissioner of public safety shall return any operator's license, motor vehicle license tag, and tag registration suspended under this Code section to the owner of the motor vehicle; provided, however, that, in cases where the operator's license and motor vehicle license tag are suspended, the owner shall be required to submit proof of compliance with this chapter and the payment of a $25.00 restoration fee to the Department of Public Safety in order to receive his operator's license, motor vehicle license tag, and tag registration; provided, further, that, in cases where the operator's license and motor vehicle license tag have been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Public Safety shall suspend the motor vehicle operator's license and the motor vehicle license tag for a period of 60 days; and the suspension shall remain in effect until the owner submits proof of compliance with this chapter and the payment of a $25.00 restoration fee to the Department of Public Safety. Section 2 . This Act shall become effective upon its approval by 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 21, 1984.

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HEALTH PROFESSIONALSPEER REVIEWCERTAIN DEFINITIONS CHANGED. Code Section 31-7-131 Amended. No. 985 (House Bill No. 1276). AN ACT To amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups for certain health professionals, so as to change certain definitions relating to peer review groups; to provide for confidentiality of records of certain review organizations; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups for certain health professionals, is amended by striking Code Section 31-7-131, relating to definitions regarding peer review groups, in its entirety and inserting in lieu thereof a new Code Section 31-7-131 to read as follows: 31-7-131. As used in this article, the term: (1) `Peer review' means the procedure by which professional health care providers evaluate the quality and efficiency of services ordered or performed by other professional health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, claims review, underwriting assistance, and the compliance of a hospital, nursing home, convalescent home, or other health care facility operated by a professional health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations. (2) `Professional health care provider' means an individual who is licensed, or an organization which is approved, to practice or operate in the health care field under the laws of Georgia,

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including, but not limited to, the following individual or organizations: (A) A physician; (B) A dentist; (C) A podiatrist; (D) A chiropractor; (E) An optometrist; (F) A psychologist; (G) A pharmacist; (H) A registered or practical nurse; (I) A physical therapist; (J) An administrator of a hospital, a nursing or convalescent home, or other health care facility; and (K) A corporation or other organization operating a hospital, a nursing or convalescent home, or other health care facility. (3) `Review organization' means any panel, committee, or organization which is primarily composed of professional health care providers or which provides professional liability insurance for health care providers and which engages in or utilizes peer reviews and gathers and reviews information relating to the care and treatment of patients for the purposes of: (A) Evaluating and improving the quality of health care rendered; (B) Reducing morbidity or mortality; or (C) Evaluating claims against health care providers or engages in underwriting decisions in connection with professional liability insurance coverage for health care providers.

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Section 2 . Said article is further amended by striking Code Section 31-7-133, relating to confidentiality of certain records, in its entirety and inserting in lieu thereof a new Code Section 31-7-133 to read as follows: 31-7-133. Except in proceedings alleging violation of this article, the proceedings and records of a review organization shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action arising out of or otherwise directly related to the matters which are the subject of evaluation and review by such organization; and no person who was in attendance at a meeting of such organization 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 organization or as to any findings, recommendations, evaluations, opinions, or other actions of such organization or any members thereof. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or used in any such civil action merely because they were presented during proceedings of such organization, nor should any person who testifies before such organization or who is a member of such organization be prevented from testifying as to matters within his knowledge; but such witness cannot be asked about his testimony before such organization or about opinions formed by him as a result of the organization hearings. 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 21, 1984.

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SUPERIOR COURTSLAW CLERKS AUTHORIZED IN CERTAIN CIRCUITSQUALIFICATIONS, DUTIES, COMPENSATION. Code Section 15-6-28.1 Amended. No. 986 (House Bill No. 1332). AN ACT To amend Code Section 15-6-28.1 of the Official Code of Georgia Annotated, relating to law clerks for judicial circuits having institutions for carrying out death sentences, so as to revise the method and amount of compensation for such law clerks; to provide qualifications for the position of law clerk; 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 15-6-28.1 of the Official Code of Georgia Annotated, relating to law clerks for judicial circuits having institutions for carrying out death sentences, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 15-6-28.1 to read as follows: 15-6-28.1. (a) As used in this Code section, the term: (1) `Chief judge' means the judge of the superior courts of a judicial circuit or, in those judicial circuits having more than one judge, the judge of the superior courts with the longest period of service. (2) `Judicial circuit' means any judicial circuit of this state wherein there is an institution of the state designated by the Department of Offender Rehabilitation for carrying out the death sentence. (b) (1) The chief judge of each judicial circuit is authorized to employ a law clerk whose primary duty shall be to assist the court in handling appeals made by individuals awaiting execution. The law clerk shall have such additional duties as may be prescribed by

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the chief judge. To be eligible for the position as law clerk, a person must be an active member of the State Bar of Georgia or eligible to take the State Bar examination. The law clerk employed by the chief judge shall be an employee of the judicial branch of the state government and in the unclassified service of the State Merit System of Personnel Administration, shall possess such additional qualifications as shall be determined by the chief judge, and shall serve at the pleasure of the chief judge. (2) An amount not to exceed $18,500.00 per year for the salary of the law clerk shall be paid in equal monthly installments from state funds appropriated or otherwise made available for the operation of the superior courts. Effective July 1, 1984, the salary amount provided by this paragraph shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration, provided that funds are appropriated to fund such increase. Each county within the judicial circuit is authorized to supplement the salary of the law clerk. (c) The chief judge of a judicial circuit employing a law clerk pursuant to subsection (b) of this Code section shall notify the director of the Fiscal Division of the Department of Administrative Services of the name and salary of the law clerk at least 15 days prior to the effective date of the employment of the law clerk. It shall also be the duty of the chief judge to notify the director of the Fiscal Division of the Department of Administrative Services of any change in the status or salary of the law clerk. The chief judge shall be authorized to designate the county of the judicial circuit wherein such law clerk shall maintain his office and carry out his duties; and the governing authority of the county so designated shall provide suitable space for the law clerk. (d) The chief judge of a judicial circuit employing a law clerk as provided in subsection (b) of this Code section may purchase such supplies and equipment as may be necessary to enable the law clerk to carry out his duties and responsibilities. The funds necessary to pay for such supplies and equipment shall come from funds appropriated or otherwise made available for the operation of the superior courts. 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 21, 1984. STATE EXAMINING BOARDSINVESTIGATORSPOWERS, DUTIES, ETC. Code Section 43-1-5 Amended. No. 987 (House Bill No. 1416). AN ACT To amend Code Section 43-1-5 of the Official Code of Georgia Annotated, relating to investigators for state examining boards and the office of the joint-secretary, so as to repeal the provisions relating to bonds for investigators to carry firearms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 43-1-5 of the Official Code of Georgia Annotated, relating to investigators for state examining boards and the office of the joint-secretary, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Persons hired for the purpose of conducting investigations for the state examining boards and the office of the joint-secretary shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the state examining boards. Such investigators shall be authorized, upon the written approval of the joint-secretary, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police.38 handgun.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1984. FLINT JUDICIAL CIRCUITCOUNTY SUPPLEMENTS TO SALARIES OF JUDGES, DISTRICT ATTORNEY, AND CHIEF ASSISTANT. No. 1019 (House Bill No. 1493). AN ACT To provide supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Flint Judicial Circuit; to provide the amount and method of payment of such supplements; to provide the proportion of such supplements which each county shall pay; to provide that such supplements shall be expenses 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 . The governing authorities of the Counties of Butts, Henry, Lamar, and Monroe, such counties comprising the Flint Judicial Circuit, shall provide from county funds supplements to the compensation received from state funds for each judge of superior court, the district attorney, and the chief assistant district attorney. The annual amount of such supplements shall be $6,000.00 for each judge, $6,000.00 for the district attorney, and $3,000.00 for the chief assistant district attorney. Section 2 . The counties of the Flint Judicial Circuit shall pay annually the amounts of such supplements in proportions as provided in this section. Henry County shall pay $2,400.00 for each judge of superior court, $2,400.00 for the district attorney, and $1,200.00 for

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the chief assistant district attorney. The Counties of Butts, Lamar, and Monroe shall each pay $1,200.00 for each judge of superior court, $1,200.00 for the district attorney, and $600.00 for the chief assistant district attorney. Section 3 . The supplements provided in this Act shall be paid to each officer in equal monthly installments. Section 4 . It shall be the duty of each county governing authority of the Flint Judicial Circuit to pay the proportionate amount assessed against each such county under Section 2 of this Act. The supplements provided in this Act are declared to be expenses of the superior courts. Section 5 . The duty imposed on a county by this Act to provide supplements to the officers named in this Act shall not become effective until such county approves this Act by resolution of the county governing authority. The action of each county shall stand separate from other counties of the Flint Judicial Circuit. Once approved by a county, the supplements provided by this Act may not be diminished or withdrawn unless provided by local law. No supplement may be diminished or withdrawn from a judge or the district attorney during a term of office. Section 6 . This Act shall become effective on July 1, 1984. Section 7 . 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 1984 session of the General Assembly of Georgia a bill to create an Act which provides for a supplement to the compensation of the judge, district attorney, and chief assistant district attorney of the Superior Courts of the Flint Judicial Circuit; and for other purposes. This the 6th day of January, 1984.

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Bill Jones Representative, 78th District 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 Jackson Progress-Argus which is the official organ of Butts County, on the following date: January 11, 1984. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 1st day of February, 1984. /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 1984 session of the General Assembly of Georgia a bill to create an Act which provides for a supplement to the compensation of the judge, district attorney, and chief assistant district attorney of the Superior Courts of The Flint Judicial Circuit and for the payment of such supplement in specified amounts by the counties comprising the Flint Judicial Circuit; and for other purposes.

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This the 17th day of January, 1984. Wesley Dunn Representative, 73rd District 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 date: January 25, 1984. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 1st day of February, 1984. /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 1984 session of the General Assembly of Georgia a bill to create an Act which provides for a supplement to the compensation of the judge, district attorney, and chief assistant district attorney of the Superior Courts of The Flint Judicial Circuit and for the payment of such

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supplement in specified amounts by the counties comprising the Flint Judicial Circuit; and for other purposes. This the 6th day of January, 1984. Bill Jones Representative, 78th District 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 News Gazette which is the official organ of Lamar County, on the following date: January 11, 1984. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 1st day of February, 1984. /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 1984 session of the General Assembly of Georgia a bill to create an Act

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which provides for a supplement to the compensation of the judge, district attorney, and chief assistant district attorney of the Superior Courts of The Flint Judicial Circuit and for the payment of such supplement in specified amounts by the counties comprising the Flint Judidial Circuit; and for other purposes. This the 6th day of January, 1984. Kenneth Waldrep Representative, 80th District 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 date: January 18, 1984. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 1st day of February, 1984. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 21, 1984.

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CHATTAHOOCHEE JUDICIAL CIRCUITMAXIMUM COMPENSATION OF ASSISTANT DISTRICT ATTORNEY. No. 1057 (House Bill No. 1449). AN ACT To amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of district attorney, and providing for the payment of the salary of said district attorney, approved August 20, 1917 (Ga. L. 1917, p. 283), as amended, particularly by an Act approved March 19, 1981 (Ga. L. 1981, p. 436), so as to change the maximum compensation of the assistant district attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of district attorney, and providing for the payment of the salary of said district attorney, approved August 20, 1917 (Ga. L. 1917, p. 283), as amended, particularly by an Act approved March 19, 1981 (Ga. L. 1981, p. 436), is amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A to read as follows: Section 2A. The district attorney of the Chattahoochee Judicial Circuit is authorized to appoint an assistant district attorney who shall assist the district attorney in carrying out his duties and functions in the Superior Court of Muscogee County. Said assistant district attorney shall serve at the pleasure of the district attorney of the Chattahoochee Judicial Circuit. In carrying out his functions and duties in the Superior Court of Muscogee County, said assistant district attorney shall be clothed with all the authority of the district attorney. Said assistant district attorney shall be compensated in an amount not less than $16,000.00 per annum nor more than $28,000.00 per annum, said amount to be determined by the district attorney and to be paid in equal monthly installments from the funds of Muscogee County. The assistant district attorney authorized pursuant to this section shall devote his full time to the duties of his office and shall not otherwise engage in the practice of law during his tenure of office.

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Section 2 . This Act shall become effective July 1, 1984. 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 January, 1984 session of the General Assembly of Georgia, a bill to amend an Act creating and establishing the office of Assistant District Attorney of Muscogee County, Georgia, approved February 17, 1966 (Ga. L. 1966, p. 18, 20, as amended, so as to change the compensation of said office; to provide an effective date for said changes of compensation; and to repeal conflicting laws; and for other purposes. This 4th day of January, 1984. Charles T. Staples President, Columbus Lawyers Club Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Muscogee County, on the following date: January 10, 1984. /s/ Thomas B. Buck, III Representative, 95th District

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Sworn to and subscribed before me, this 25th day of January, 1984. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 21, 1984. CHATTAHOOCHEE JUDICIAL CIRCUITSALARY SUPPLEMENT OF DISTRICT ATTORNEY BY COLUMBUS-MUSCOGEE COUNTY. No. 1058 (House Bill No. 1451). AN ACT To amend an Act providing a supplement to the salary of the district attorney of the Chattahoochee Judicial Circuit, approved March 29, 1971 (Ga. L. 1971, p. 231), as amended by an Act approved February 28, 1974 (Ga. L. 1974, p. 128), so as to change the amount of the supplement; 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 salary of the district attorney of the Chattahoochee Judicial Circuit, approved March 29, 1971 (Ga. L. 1971, p. 231), as amended by an Act approved February 28, 1974 (Ga. L. 1974, p. 128), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

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Section 1. The governing authority of the Consolidated Government of Columbus, Georgia-Muscogee County shall supplement the state salary of the district attorney of the Chattahoochee Judicial Circuit in the amount of $7,000.00 per annum, and such supplement shall be paid to said district attorney in equal monthly installments from the funds of the Consolidated Government of Columbus, Georgia-Muscogee County. Section 2 . This Act shall become effective July 1, 1984. 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 January, 1984 session of the General Assembly of Georgia, a bill to amend an Act providing that the County of Muscogee shall supplement the salary of the District Attorney of the Chattahoochee Judicial Circuit, approved February 5, 1953 so as to change the amount of said supplement; to provide an effective date; and for other purposes. This 4th day of January, 1984. Charles T. Staples President, Columbus Lawyers Club Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Muscogee County, on the following date: January 10, 1984.

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/s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 1st day of February, 1984. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 21, 1984. SOLAR ENERGY TAX CREDIT ACT OF 1984. Code Section 48-7-29.2 Enacted. No. 1072 (House Bill No. 1242). AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for solar energy income tax credits; to provide for a short title; to provide for limitations; to provide for rules and regulations; 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 . This Act shall be known and may be cited as the Solar Energy Tax Credit Act of 1984. Section 2 . Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding immediately following Code Section 48-7-29.1 a new Code section to read as follows: 48-7-29.2. (a) Any person or corporation who files an income tax return and who has not been claimed for that tax year as a dependent by another Georgia taxpayer shall be allowed a credit against such tax in an amount equal to 20 percent of the cost of materials and installation of solar water heating systems, active solar space heating systems, industrial and agricultural solar process heating equipment, and photovoltaic systems and 10 percent of the cost of materials and installation of passive solar space heating systems. Such solar systems must be installed: (1) On premises in Georgia which are owned and controlled by the taxpayer at the time of installation; or (2) On newly constructed premises in Georgia which are purchased by the taxpayer from the builder of the premises, if the builder has not taken the credit provided by this Code section for a solar system on the premises. (b) The credit provided for in subsection (a) shall be taken in the tax year in which the cost is incurred and shall not exceed $1,000.00. (c) In the case of husband and wife filing separate returns, the credit may be taken by either or divided between them but not more than one such credit shall be taken in any tax year by a husband and wife filing separately. (d) In the case where the amount of the tax credit exceeds the taxpayer's income tax or corporate tax liability, a credit shall be allowed the taxpayer against the succeeding years' tax liability until such credit has been exhausted. (e) For purposes of this Code section, passive solar space heating is the use of solar energy to heat indoor space using the principles of

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conduction, convection, and radiant heat transfer. Passive solar space heating systems include: (1) solar collection area, (2) absorber, (3) storage, (4) a method of heat distribution, and (5) a heat regulation device; except that a system intended for daytime use only need not have storage. (f) The Office of Energy Resources is authorized to establish, in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' rules and regulations for the purpose of determining which solar energy systems shall qualify for the credit provided in subsection (a) of this Code section. (g) The provisions of this Code section shall apply to any qualified solar energy system purchased after January 1, 1984, and prior to January 1, 1990. 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 28, 1984. PUBLIC OFFICERS AND EMPLOYEESSALARIES AND ALLOWANCES OF MEMBERS OF THE GENERAL ASSEMBLY. Code Section 45-7-4 Amended. No. 1073 (House Bill No. 1264). AN ACT To amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of state officers and employees,

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so as to require documentation and accounting for certain expenses; to change the time period for and the conditions under which certain expenses may be reimbursed; 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 45 of the Official Code of Georgia Annotated, relating to salaries and fees of state officers and employees, is amended by striking paragraph (22) of subsection (a) of Code Section 45-7-4, relating to annual salaries of certain state officials, and inserting in its place a new paragraph (22) to read as follows: (22) Each member of the General Assembly.....7,200.00 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. 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 first day of January and end on the last day of December in that calendar year, except that actual expenses for the period from the first day of January until the convening date of the General Assembly in regular session may not exceed an amount computed by multiplying the number of days in that period by the per diem differential. These expenses shall be limited to one or more of the following purposes: rents, legislative aides, 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. Such sworn vouchers shall be accompanied by a supporting document showing payment for each expense claimed or an explanation of the absence of such documentation, except that no such supporting document shall be required for any such expense under $25.00, for the per diem, per diem differential, or for any mileage allowance for use of a personal car. The Legislative Services Committee is authorized to provide for policies to ensure a detailed accounting for expenses claimed under this paragraph.

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Section 2 . This Act shall become effective on January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. EMPLOYEES OF CERTAIN PRIVATE EMPLOYMENT CENTERS INCLUDED IN STATE EMPLOYEES' HEALTH INSURANCE PLAN. Code Section 45-18-5.2 Enacted. No. 1074 (House Bill No. 1015). AN ACT To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to authorize the State Personnel Board to contract with certain public and private nonprofit sheltered employment centers for the inclusion in certain health insurance plans of employees working in such sheltered centers; to provide for rules and regulations; to provide for 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, is amended by adding a new Code Section 45-18-5.2 to read as follows: 45-18-5.2. The board is authorized to contract with public and private nonprofit sheltered employment centers which contract with or employ persons within the Division of Rehabilitation Services and

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the Division of Mental Health and Mental Retardation of the Department of Human Resources for the inclusion of employees working in the sheltered employment centers within any health insurance plan or plans established under this article. The board is authorized to adopt regulations for entering into any contract. In the event any contract is entered into, it shall be the duty of the sheltered employment center to remit any funds that may be deducted from the earnings or other compensation of such sheltered employees for inclusion in the health insurance fund. In addition, it shall be the duty of the sheltered employment center to make the employer contributions required for the operation of such plan or plans. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. EDUCATIONNORTH GEORGIA COLLEGE MILITARY SCHOLARSHIPSNUMBER OF RECIPIENTS. Code Title 20, Chapter 3 Amended. No. 1075 (House Bill No. 1432). 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 change the number of persons who shall be selected as scholarship recipients; to provide for selection of two persons from each congressional district; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . 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 Code Section 20-3-422, relating to the nomination of candidates for military scholarships, in its entirety and substituting in lieu thereof a new Code Section 20-3-422 to read as follows: 20-3-422. The authority shall establish and promulgate, consistent with this subpart, criteria for the eligibility and award of such scholarships. The authority shall, on or before February 1 of each year, select and nominate 50 persons (five persons from each congressional district in Georgia) from a list of persons recommended to the authority by members of the General Assembly. From the 50 persons so nominated, 20 shall be selected as scholarship recipients as provided in Code Section 20-3-423. Section 2 . Said subpart is further amended by striking subsection (b) of Code Section 20-3-423, relating to the creation and composition of selection committee and duties of 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, two persons 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 names of the recipients of the scholarships from that congressional district; and (3) Notify the authority of the names and addresses of the recipients of the scholarships.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. WESTERN JUDICIAL CIRCUITCOUNTY SUPPLEMENTS TO JUDGES' COMPENSATIONADDITIONAL JUDGE. No. 1076 (House Bill No. 1223). AN ACT To amend an Act providing a supplement to the salary of the judges of the Superior Courts of the Western Judicial Circuit, approved February 16, 1950 (Ga. L. 1950, p. 295), as amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 42), so as to change the supplementary compensation to be paid to each judge of the Superior Courts of the Western Judicial Circuit; to amend an Act adding one additional judge of the Superior Courts of the Western Judicial Circuit, approved March 18, 1976 (Ga. L. 1976, p. 562), as amended, particularly by an Act approved March 6, 1981 (Ga. L. 1981, p. 178), so as to delete certain language relative to county supplements; 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 salary of the judges of the Superior Courts of the Western Judicial Circuit, approved February 16, 1950 (Ga. L. 1950, p. 295), as amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 42), is amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

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Section 1. The governing authorities of the counties which comprise the Western Judicial Circuit shall provide supplementary compensation to the judges of the Western Judicial Circuit in the amounts provided for in this section. Clarke County shall pay to each judge the sum of $8,600.00 per annum. Oconee County shall pay to each judge the sum of $1,200.00 per annum. These sums shall be payable in equal monthly installments from the funds of the counties. Section 2 . An Act adding one additional judge of the Superior Courts of the Western Judicial Circuit, approved March 18, 1976 (Ga. L. 1976, p. 562), as amended, particularly by an Act approved March 6, 1981 (Ga. L. 1981, p. 178), is amended by striking Section 5 of said Act in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges and the compensation, salary, and expense allowances from the State of Georgia and from the counties of that circuit shall be the same as that of the other judge of the Superior Courts of the Western Judicial Circuit. 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 local legislation will be introduced at the regular 1984 Session of the General Assembly of Georgia providing for supplementary compensation for the judges of the Superior Courts of the Western Judicial Circuit by the counties of the circuit and for other purposes. This 13th day of January, 1984.

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Paul C. Broun Senator, 46th District Hugh Logan Representative, 67th District Bob Argo Representative, 68th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner Herald which is the official organ of Clarke County, on the following date: January 13, 1984. /s/ E. Roy Lambert Representative, 66th District Sworn to and subscribed before me, this 16th day of January, 1984. /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 local legislation will be introduced at the regular 1984 Session of the General Assembly of Georgia providing for supplementary compensation for the judges of the Superior Courts of the Western Judicial Circuit by the counties of the circuit and for other purposes.

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This 12th day of January, 1984. Paul C. Broun Senator, 46th District E. R. Lambert Representative, 66th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is the official organ of Oconee County, on the following date: January 12, 1984. /s/ E. Roy Lambert Representative, 66th District Sworn to and subscribed before me, this 16th day of January, 1984. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 28, 1984.

Page 727

EDUCATIONSUPERVISING TEACHERSMINIMUM STANDARDSADDITIONAL COMPENSATION. Code Section 20-2-833 Enacted. No. 1077 (House Bill No. 928). AN ACT To amend Part 3 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to payment of teachers' salaries, so as to provide for payments by the Department of Education to public school teachers who meet certain standards and perform supervising teacher services; 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 . Part 3 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to payment of teachers' salaries, is amended by adding at the end thereof a new Code section, to be designated Code Section 20-2-833, to read as follows: 20-2-833. (a) As used in this Code section, the term: (1) `Student teaching' means the full-time component of a teacher education program in which a student preparing for the education profession is jointly assigned by a teacher education institution and a school system for classroom experience and which is designated in a teacher education program approved by the Department of Education as student teaching or internship. (2) `Supervising teacher' means a public school teacher who is employed by a local board of education and who is designated to

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provide professional supervisory services in the supervision of a specific student teacher. (3) `Supervising teacher services certificate' means the supplementary certificate available from the Department of Education to persons who have completed a supervising teacher services program approved by the Department of Education. (b) The Department of Education and the Georgia Association of Colleges of Teacher Education shall jointly establish minimum requirements to be met by each supervising teacher. (c) The Department of Education shall make payments to supervising teachers for each quarter or semester in which supervising teacher services are provided as follows: (1) A teacher who meets the minimum requirements established pursuant to subsection (b) of this Code section and holds a valid supervising teacher services certificate shall receive $125.00 for each such quarter or semester; and (2) A teacher who meets the minimum requirements established pursuant to subsection (b) of this Code section but does not hold a valid supervising teacher services certificate shall receive $50.00 for each such quarter or semester. (d) Payments made under this Code section shall be in addition to and not in lieu of any compensation otherwise payable to supervising teachers. Such payments shall be made from funds appropriated or otherwise available to the Department of Education. In the event that in any fiscal year sufficient funds are not appropriated or available to make the full amount of all payments provided for in this Code section, the payment to each supervising teacher shall be reduced pro rata. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

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LEASE TO HENRY COUNTY SOIL AND WATER CONSERVATION DISTRICT OR HENRY COUNTY. No. 56 (House Resolution No. 572). A RESOLUTION Authorizing the lease of certain state owned real property located in Henry County, Georgia, to the Henry County Soil and Water Conservation District or Henry County for use as an environmental classroom; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located within Henry County, Georgia, and comprising approximately 80 acres, more or less, which real property is more particularly described as follows: All that tract or parcel of land situate, lying and being in Land Lots 157, 163 and 164 of the Seventh Land District of Henry County, Georgia, containing 80.00 acres and being more specifically shown and designated as Tract `A' and Tract `B' on that certain plat of survey entitled `Plat of Boundary Line Survey-William Henry Simpson et al' prepared by Kenneth E. Presley Associates, Inc., more particularly Kenneth E. Presley, Georgia Registered Land Surveyor No. 1327 on June 13, 1978, a copy of said plat being recorded in Plat Book 7, page 96 in the office of the Clerk of the Superior Court of Henry County, Georgia, which said plat is incorporated in and made a part of this description by reference. From said plat, said property may be more particularly described as follows: TO LOCATE THE REAL POINT OF BEGINNING, begin at an iron pin located on the northeasterly right-of-way of the By-Pass Road, which said iron pin is located at a point where the southerly margin of Land Lot 163 of the Seventh Land District of Henry County, Georgia, intersects the northeasterly right-of-way of the By-Pass Road; thence North 88 degrees 29 minutes East a distance of 793.6 feet to an iron pin; thence North 89 degrees 59 minutes East a distance of 583.5 feet to an iron pin; thence North 9 degrees 59 minutes East a distance of 812.29 feet to an iron pin and the Real POINT OF BEGINNING; thence from said real point of beginning South 89 degrees 01 minutes East a distance of 1980.37 feet to the centerline of Camp Creek; thence in a generally northerly

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direction along the centerline of Camp Creek the following courses and distances, North 34 degrees 42 minutes 06 seconds West a distance of 263.56 feet to a point, North 03 degrees 13 minutes 27 seconds East a distance of 148.86 feet to a point, North 17 degrees 30 minutes 06 seconds West a distance of 278.4 feet to a point, North 26 degrees 13 minutes 25 seconds West a distance of 101.35 feet to a point, North 19 degrees 05 minutes 13 seconds West a distance of 145.19 feet to a point, North 10 degrees 56 minutes 52 seconds West a distance of 688.34 feet to a point, North 10 degrees 56 minutes 35 seconds West a distance of 589.96 feet to a point, North 12 degrees 47 minutes 24 seconds West a distance of 282.98 feet to a point located on the southerly right-of-way of State Route No. 20, which said point is the point of intersection of the centerline of Camp Creek with the southerly right-of-way of State Route No. 20; thence South 68 degrees 13 minutes 48 seconds West a distance of 260.8 feet to an iron pin; thence South 14 degrees 25 minutes 52 seconds East a distance of 40.7 feet to an iron pin; thence South 84 degrees 14 minutes 08 seconds West a distance of 206.85 feet to an iron pin; thence South 77 degrees 01 minutes 55 seconds West a distance of 114.37 feet to a point; thence South 81 degrees 18 minutes 21 seconds West a distance of 171.15 feet to a point; thence South 86 degrees 11 minutes 24 seconds West a distance of 142.18 feet to a point; then South 89 degrees 59 minutes 12 seconds West a distance of 255.4 feet to an iron pin placed on the southern right-of-way of Georgia State Route No. 20; thence South 0 degrees 10 minutes West a distance of 380.7 feet to an iron pin; thence South 89 degrees 05 minutes West a distance of 210.1 feet to an iron pin; thence South 0 degrees 59 minutes West a distance of 1037.32 feet to an iron pin; thence South 0 degrees 59 minutes West a distance of 562.19 feet to an iron pin; thence South 0 degrees 59 minutes West a distance of 154.8 feet to an iron pin and the POINT of beginning. From said plat said property is bounded on the North by property of Hampton East Company and the southerly right-of-way of Georgia State Route No. 20; on the East by property of the Henry County Work Camp and by property of Watkins Motor Lines, Inc. et al; on the South by property of Watkins Motor Lines, Inc. et al; and on the West by property of Hampton East Company.; and WHEREAS, said real property was purchased by the State of Georgia as a site for the construction of a community correctional center but was never used for this purpose; and

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WHEREAS, a resolution of the General Assembly, approved March 21, 1980 (Ga. L. 1980, p. 799), declared said real property to be surplus and authorized it to be sold by and through the State Properties Commission, but said real property has not been so sold; and WHEREAS, the Henry County Soil and Water Conservation District desires to obtain said real property for use as an environmental classroom. 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 the leasing of said property by and through the State Properties Commission to the Henry County Soil and Water Conservation District or Henry County for use as an environmental classroom is in the public interest of this state. Section 2 . That a resolution authorizing said real property to be sold by and through the State Properties Commission, approved March 21, 1980 (Ga, L. 1980, p. 799), is repealed in its entirety. Section 3 . That the State Properties Commission is authorized to lease said real property to the Henry County Soil and Water Conservation District or Henry County for use as an environmental classroom. Said lease shall be for a term of five years and a consideration of $250.00 per year and upon such other terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. Section 4 . That if a bona fide offer is received by the State Properties Commission from a prospective purchaser then the Henry County Soil and Water Conservation District or Henry County will be given an opportunity to purchase said property under the same terms and conditions as the original offer. If this right of first refusal is not exercised, the lease agreement authorized by this resolution shall be canceled and the property conveyed to the original offeror. Section 5 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the above-described real property by quitclaim deed to the Henry County board of commissioners or a purchaser approved by the State Properties Commission.

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Section 6 . That the consideration for said conveyance shall be determined by the State Properties Commission. If the conveyance is to a nongovernmental purchaser, the consideration shall be the fair market value of such property. Section 7 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 8 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Approved March 28, 1984. AUTHORIZING RENTAL AGREEMENT WITH THE GEORGIA TRUST FOR HISTORIC PRESERVATION, INC. No. 57 (House Resolution No. 587). A RESOLUTION Authorizing the State Properties Commission, acting for and on behalf of the State of Georgia and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Annotated, concerning certain state owned improved real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall, with The Georgia Trust For Historic Preservation, Inc.; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, on June 10, 1929, J. D. Rhodes and Louanna Rhodes Bricker, as executors of the estate of A. G. Rhodes, deceased, and as sole legatees under the will of A. G. Rhodes, and as sole heirs at law of

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A. G. Rhodes, conveyed, as a gift to the State of Georgia, by a deed recorded in Deed Book 1275, page 323, in the office of the clerk of the Superior Court of Fulton County, Georgia, that certain improved real property located at 1516 Peachtree Street, N. E., Atlanta, Fulton County, Georgia, currently known as Rhodes Memorial Hall; and WHEREAS, the operation of Rhodes Memorial Hall has been administered by the Department of Archives and History, a division of the office of the Secretary of State; and WHEREAS, The Georgia Trust For Historic Preservation, Inc., hereinafter throughout this resolution referred to as the Trust, is a nonprofit Georgia corporation dedicated to promoting the appreciation and preservation of the cultural heritage of Georgia, including historic structures located throughout Georgia; and WHEREAS, the custody of Rhodes Memorial Hall is currently vested in the State Properties Commission; and WHEREAS, under a rental agreement dated July 19, 1983, with the State Properties Commission, which is acting for and on behalf of the State of Georgia and its Department of Archives and History, a division of the office of the Secretary of State of the State of Georgia, the Trust is occupying and using Rhodes Memorial Hall as its headquarters, as a museum, exhibit and lecture hall facility, and as a facility for receptions, public meetings, and other means of promoting the appreciation and preservation of the cultural heritage of Georgia; and WHEREAS, all parties to the said rental agreement desire that such Trust continue to occupy and use Rhodes Memorial Hall for a term which shall end not later than September 1, 1993; and WHEREAS, it is in the best interest of the State of Georgia that such Trust continue to occupy and use Rhodes Memorial Hall in order to promote the appreciation and preservation of the cultural heritage of Georgia, including historic structures located throughout Georgia. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . That the State of Georgia is the owner of that certain improved real property located at 1516 Peachtree Street, N. E., Atlanta, Fulton County, Georgia, currently known as Rhodes Memorial Hall. Section 2 . That the State Properties Commission, acting for and on behalf of the State of Georgia and its Department of Archives and History, is authorized and empowered to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Annotated, with The Georgia Trust For Historic Preservation, Inc., for the occupancy and use of Rhodes Memorial Hall. Section 3 . As consideration for the said rental agreement, The Georgia Trust For Historic Preservation, Inc., shall promise the following: (1) That the term of the said rental agreement shall end not later than September 1, 1993; (2) That The Georgia Trust For Historic Preservation, Inc., will occupy and use Rhodes Memorial Hall as its headquarters, and, for the benefit of the public, as a museum, exhibit and lecture hall facility, and as a facility for receptions, public meetings, and other means of promoting the appreciation and preservation of the cultural heritage of Georgia; and (3) That The Georgia Trust For Historic Preservation, Inc., covenant in the said rental agreement that it shall use good faith efforts, so that its occupancy and use of Rhodes Memorial Hall will at all times comply with the conditions set forth in the above-referenced deed conveying Rhodes Memorial Hall to the State of Georgia. Section 4 . That the said rental agreement shall be upon such other terms and conditions as the State Properties Commission shall prescribe to be in the best interests of the State of Georgia. Section 5 . That the State Properties Commission is authorized and empowered to do all acts and things necessary to effect such rental agreement. Section 6 . That this Act 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 7 . That all laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. LAND CONVEYANCE TO GRAYSVILLE METHODIST CHURCH. No. 58 (House Resolution No. 588). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Graysville, Catoosa County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Graysville, Catoosa County, Georgia; and WHEREAS, said real property is described as follows: All that tract or parcel of land lying and being in Original Land Lot No. 7 in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows: BEGINNING at a point in the north right of way line of Julian Road, where the same is intersected by the west original line of said Land Lot No. 7; thence in a northwardly direction, with and along the west original line of said land lot a distance of 40 feet, more or less, to the southwest corner of the property now owned by Graysville Methodist Church; thence in an eastwardly direction, with and along the south line of the Graysville Methodist Church property, a distance of 328 feet, more or less to a point in the west right of line of Graysville Public Road; thence in a southerly direction, with and along the west right of way line of Graysville Public Road, a distance of 80 feet, more or less to its intersection with the north right of way line of Julian Public Road; thence in a westwardly direction, with and along the north right of

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way line of Julian Public Road, a distance of 350 feet, more or less to the point of beginning. Being further described as a portion of parcel No. 4 in Land Lot 7 as shown on Western and Atlantic Railroad Valuation Map No. V2/58 which is filed in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia. (This parcel will be more particularly shown on a plat of survey that will be caused to be prepared by the grantee and presented to the State Properties Commission for approval.); and WHEREAS, the State of Georgia currently has the above-described property leased to the Seaboard System Railroad until December 31, 1994; and WHEREAS, this parcel has been severed from the remaining portion of state property by a county road; and WHEREAS, Graysville Methodist Church owns property adjoining the above-described real property; and WHEREAS, Graysville Methodist Church is desirous of obtaining all of the above-described real property for addition 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. Section 3 . That the above-described real property shall be sold and conveyed by appropriate instrument to the Graysville Methodist Church, or an appropriate purchaser approved by the State Properties Commission, by the State of Georgia, acting by and through the State Properties Commission, for the fair market value determined

Page 737

by the State Properties Commission and upon such further considerations and provisions as directed by the State Properties Commission. Section 4 . That a plat or survey shall be prepared by the Graysville Methodist Church, suitable for recording in Catoosa County, and presented to the executive director of the State Properties Commission for his approval. 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 28, 1984. LAND CONVEYANCE TO THE SUMTER COUNTY BOARD OF COMMISSIONERS. No. 59 (House Resolution No. 590). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Sumter County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, in August, 1954, Mrs. Martha B. Davis conveyed to Tom Linder, Commissioner of Agriculture of the State of Georgia, and his successors in office, by virtue of a deed recorded in Deed Book 48, Page 308 in the office of the clerk of the Superior Court of Sumter County, Georgia, certain real property located in Sumter County, Georgia, hereinafter sometimes referred to as the said real property; and

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WHEREAS, the custody of the said real property is vested in the Department of Agriculture; and WHEREAS, the said real property is described in the above-referenced deed as follows: 15 acres of land in Lot No. 184 in the 27th District of Sumter County, Georgia, described as follows: Beginning at a point where the south lot line of land lot No. 184 in the 27th District of Sumter County, Georgia intersects the east line of the right-of-way of U. S. Highway 19 and running thence south 89 degrees 40 minutes east a distance of 1044 feet along the south lot line of lot No. 184 in said District and along a fence and hedgerow; thence north 0 degrees 40 minutes west a distance of 626 feet to a three-quarter inch iron stake; thence south 89 degrees 40 minutes west 1044 feet to the east line of the right-of-way of U.S. Highway 19; thence south 0 degrees 40 minutes east along the east line of the right-of-way of U.S. Highway 19 a distance of 626 feet to the point of beginning.; and WHEREAS, said real property is also shown on a certain plat of survey dated August 7, 1967, prepared for the State of Georgia Department of Agriculture by James R. Littlefield, Georgia Registered Land Surveyor No. 1304, recorded in Plat Book 5, Page 136 in the office of the clerk of the Superior Court of Sumter County, Georgia; and WHEREAS, the said real property is no longer needed by the Department of Agriculture or the State of Georgia, and is, therefore, surplus; and WHEREAS, the Sumter County Board of Commissioners desires to acquire the said real property for governmental use. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: (1) That the State of Georgia is the owner of the said real property;

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(2) 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; (3) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the above-described said real property by quitclaim deed to the Sumter County Board of Commissioners or a purchaser approved by the State Properties Commission; (4) That the consideration for said conveyance shall be determined by the State Properties Commission; provided, however, that, if the conveyance is to a nongovernmental purchaser, the consideration shall be the fair market value of such property; (5) That the conveyance of the said real property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission; (6) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance; and (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 plat of the said real property referenced above shall constitute an acceptable plat for filing with the Secretary of State. 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. BE IT FURTHER RESOLVED that all laws and parts of laws in conflict with this resolution are repealed. Approved March 28, 1984.

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LAND CONVEYANCE TO THE WASHINGTON COUNTY BOARD OF COMMISSIONERS. No. 60 (House Resolution No. 621). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Washington County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, on October 2, 1962, Riddleville Associates, Inc., a Georgia corporation, conveyed to the State of Georgia, by virtue of a deed recorded in Deed Book 4M, page 50, in the office of the clerk of the Superior Court of Washington County, Georgia, certain real property located in Washington County, Georgia, hereinafter sometimes referred to as the said real property; and WHEREAS, the custody of the said real property is vested in the Department of Agriculture; and WHEREAS, the said real property is described in the above-referenced deed as follows: All that tract or parcel of land lying and being in Riddleville, 1253rd G. M. District Washington County, Georgia, fronting on the Riddleville-Bartow Highway a distance of 234 feet more or less, and running back of uniform width a distance of 272 feet, more or less, and bounded as follows: North by the Riddleville-Bartow Highway; East by property of Gaston Dukes South and West by property of Riddleville-Associates, Inc. All four corners of lot are marked by iron pins, and all boundaries are straight lines.; and WHEREAS, the said real property is no longer needed by the Department of Agriculture or the State of Georgia and is, therefore, surplus; and WHEREAS, the Washington County Board of Commissioners desires to acquire the said real property for governmental use.

Page 741

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the said real property. Section 2 . 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 3 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the above-described said real property by quitclaim deed to the Washington County Board of Commissioners or a purchaser approved by the State Properties Commission. Section 4 . That the consideration for said conveyance shall be determined by the State Properties Commission. If the conveyance is to a nongovernmental purchaser, the consideration shall be the fair market value of such property. Section 5 . That the conveyance of the said real property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission. Section 6 . That the State Properties Commission is authorized and empowered 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 drawing of the said real property, prepared by the Department of Agriculture, dated January 24, 1984, shall constitute an acceptable plat for filing with the Secretary of State. Section 8 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval.

Page 742

Section 9 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 28, 1984. LAND CONVEYANCE TO THE CITY OF SWAINSBORO. No. 61 (House Resolution No. 642). A RESOLUTION Authorizing the Department of Transportation of the State of Georgia to convey certain real property located in Emanuel County to the City of Swainsboro, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the Department of Transportation of the State of Georgia is the record owner of certain real property in Emanuel County, Georgia, which was formerly used as a maintenance shop; and WHEREAS, said real property is described as follows: One certain lot located in or near the City of Swainsboro, 53rd G. M. District, Emanuel County, Georgia, and containing 5.064 acres of land as shown by plat of same made by J. E. Waller, Highway Engineer, on February 23, 1961. Said plat by express reference is made a part of this description and is recorded in Clerk's Office, Superior Court, Emanuel County, Swainsboro, Georgia, Plat Book 1, page 364. Being the same property conveyed by Warranty Deed from The City Council of the City of Swainsboro to State Highway Department of Georgia, dated March 29, 1961, filed for record July 27, 1961, recorded in Deed Book ED, page 369, in the Office of the Clerk of the Superior Court of Emanuel County, Georgia; and

Page 743

One certain tract or parcel of land situated, lying and being in the 53rd G. M. District of Emanuel County, Georgia and in the City of Swainsboro, Georgia, more particularly described as follows: A 50-foot strip of land lying adjacent to property heretofore deeded to Georgia and running along the western edge of said property a distance of 438.23 feet. The 50-foot strip of land being shown on a sketch which is recorded in Plat Book 4, page 212 of the Records of the Clerk, Superior Court of Emanuel County, Georgia, and is hereby incorporated herein for a more full, complete, and accurate description of said 50-foot strip.; and WHEREAS, the Department of Transportation and the City of Swainsboro entered into a lease agreement on October 14, 1983, whereby the above-described property was leased to the City of Swainsboro; and WHEREAS, the above-described property is no longer needed for public road purposes and the City of Swainsboro is desirous of obtaining all of the above-described property. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the Department of Transportation, an agency of the State of Georgia, is owner of the above-described real property. Section 2 . That the conveyance of the above-described real property shall be conditioned upon the termination of the lease agreement entered into by the Department of Transportation and the City of Swainsboro, Georgia. Section 3 . That the above-described real property shall be conveyed by appropriate instrument to the City of Swainsboro, Georgia, by the Department of Transportation for a consideration to be determined by the Department of Transportation and upon such further conditions and provisions as directed by the Department of Transportation. Section 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 744

Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 28, 1984. LAND CONVEYANCE TO THE WILCOX COUNTY BOARD OF COMMISSIONERS. No. 62 (House Resolution No. 643). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Wilcox County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, on March 18, 1960, Mrs. Ida C. Warren conveyed to the State of Georgia, by virtue of a deed recorded in Deed Book 66, page 138, in the office of the clerk of the Superior Court of Wilcox County, Georgia, certain real property located in Wilcox County, Georgia, hereinafter sometimes referred to as the said real property; and WHEREAS, the custody of the said real property is vested in the Department of Agriculture; and WHEREAS, the said real property is described in the above-referenced deed as follows: All that tract or parcel of land situate, lying and being in Land Lot Number One Hundred Sixty-seven (167) in the Twelfth (12th) land district of Wilcox County, Georgia and being particularly described as beginning at a point on the North right of way of U.S. Highway No. 280 a distance of 1034 feet East of the intersection of the West lot line of said lot and the said North right of way of U.S.

Page 745

Highway No. 280 and running thence North 88 degrees 25 minutes East along the North right of way of said U.S. Highway No. 280 for a distance of 338.8 feet to corner in drain ditch; thence North 1 degree 35 minutes West along said drain ditch a distance of 266 feet to a corner on the South right of way of the Seaboard Air Line Railroad Company; thence South 85 degrees 25 minutes West along the said Seaboard Air Line Railroad Company right of way a distance of 339 feet to corner; thence South 1 degree 35 minutes East a distance of 249.7 feet to the North right of way of U.S. Highway No. 280 and point of beginning. Said tract of land is more particularly described by a plat of survey made by S.Y.A. Ball, Surveyor, dated March 17, 1960 and recorded in Plat Book No. 3, Page 3, in the office of the Clerk of the Superior Court of Wilcox County, Georgia, to which plat and the record thereof reference is hereby made.; and WHEREAS, the said real property is no longer needed by the Department of Agriculture or the State of Georgia and is, therefore, surplus; and WHEREAS, the Wilcox County Board of Commissioners desires to acquire the said real property for governmental use. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the said real property. Section 2 . 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 3 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the above-described said real property by quitclaim deed to the Wilcox County Board of Commissioners or a purchaser approved by the State Properties Commission. Section 4 . That the consideration for said conveyance shall be determined by the State Properties Commission. If the conveyance is to a nongovernmental purchaser, the consideration shall be the fair market value of such property.

Page 746

Section 5 . That the conveyance of the said real property shall be made upon such other terms and conditions as shall be prescribed by the State Properties Commission. Section 6 . That the State Properties Commission is authorized and empowered to do all acts and things necessry 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 plat of the said real property referenced above shall constitute an acceptable plat for filing with the Secretary of State. Section 8 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 9 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 28, 1984. LAND CONVEYANCE TO THE CITY OF MILLEN. No. 69 (House Resolution No. 625). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in the City of Millen, Jenkins County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 747

WHEREAS, on December 22, 1953, the Jenkins County Development Company, Incorporated, conveyed to the Georgia Department of Agriculture, Tom Linder, Commissioner, and his successors in office, by virtue of a deed recorded in Deed Book NM, page 401 in the office of the clerk of the Superior Court of Jenkins County, Georgia, certain real property located in the City of Millen, Jenkins County, Georgia, hereinafter sometimes referred to as Tract 1 of the said real property; and WHEREAS, Tract 1 of the said real property is described in the above-referenced deed as follows: All that tract or parcel of land lying and being in the City of Millen, 1635th. G.M. District, Jenkins County, Georgia, and containing one (1) acre, more or less, and having the following dimensions and boundaries; Fronting North two hundred ten (210) feet on the old Sylvania Road; and having a frontage of two hundred ten (210) feet on the East; two hundred ten (210) feet on the South; and two hundred ten (210) feet on the West, thus forming a square. For a more definite description see copy of plat recorded in Plat Book 3 folio 357 in the Clerk's Office of the Jenkins County Superior Court. Said plat was made by Frank Ford, Surveyor, dated December 20, 1953, and is adopted as a part of this description. Said lot is known as Lot No. `D' of said subdivision. This subdivision is the same parcel or lot of land that was deeded by the Jenkins County Commissioners to the (Jenkins County Development Company, Incorporated) on November 8, 1947 and is of record in the Clerk's Office of the Jenkins County Superior Court in Deed Book `FF' folios 527-9. Plat of said parcel was made by E. G. Andrews, C. E. Dated October 20, 1947, and is of record in Plat Book 3, folio 169.; and WHEREAS, on April 12, 1962, the Bank of Millen conveyed to the State of Georgia, Department of Agriculture, by virtue of a deed recorded in Deed Book 33, page 415, in the office of the clerk of the Superior Court of Jenkins County, Georgia, certain real property located in the City of Millen, Jenkins County, Georgia, hereinafter sometimes referred to as Tract 2 of the said real property; and WHEREAS, Tract 2 of the said real property is described in the above-referenced deed as follows:

Page 748

All that certain tract of land lying and being in the City of Millen, the 1635th District G.M. of Jenkins County, Georgia, fronting 100 feet on Old Sylvania Road and running back in a southerly direction for a distance of 210 feet and being bounded as follows: On the North by Old Sylvania Road; on the East by other land of Bank of Millen; on the South by other land of Bank of Millen and on the West by State of Georgia Department of Agriculture, Egg Market Property.; and WHEREAS, on March 24, 1967, the Millen Warehouse Company, Inc., conveyed to the Georgia Department of Agriculture, by virtue of a deed recorded in Deed Book 1-0, page 7, in the office of the clerk of the Superior Court of Jenkins County, Georgia, certain real property located in the City of Millen, Jenkins County, Georgia, hereinafter sometimes referred to as Tract 3 of the said real property; and WHEREAS, Tract 3 of the said real property is described in the above-referenced deed as follows: All that certain tract or parcel of land lying and being in the 1635th. G.M. District of Jenkins County, Georgia, in the City of Millen, and being designated as Parcel #3, all as shown on a plat of same prepared by L. B. Frye, Surveyor, Ga. Reg. #1107, dated May 21, 1966, and recorded in the office of the Clerk of Superior Court of Jenkins County, Georgia, in Plat Book 3, folio 342, which said plat is hereby adopted and made a part of this description, being bounded as follows: On the North by lands of the Ogeechee Valley Egg Market Association; on the East by lands of the Millen Warehouse Company, Inc.; on the South by lands of the Jenkins County Development Authority; and on the West by lands of the Jenkins County Development Authority.; and WHEREAS, the custody of the said Tract 1, Tract 2, and Tract 3 of the said real property, hereinafter sometimes collectively referred to as the said real property, is vested in the Department of Agriculture; and WHEREAS, the said real property is no longer needed by the Department of Agriculture or the State of Georgia and is, therefore, surplus; and

Page 749

WHEREAS, the City of Millen desires to acquire the said real property for governmental use. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the said real property. Section 2 . 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 3 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the above-described said real property by quitclaim deed to the City of Millen or a purchaser approved by the State Properties Commission. Section 4 . That the consideration for said conveyance shall be determined by the State Properties Commission. If the conveyance is to a nongovernmental purchaser, the consideration shall be the fair market value of such property. Section 5 . That the conveyance of the said real property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission. Section 6 . That the State Properties Commission is authorized and empowered 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 plats of Tract 1 and Tract 3 of the said real property referenced above and the drawing of Tract 2 of the said real property, which drawing was prepared by the Department of Agriculture and dated January 24, 1984, shall constitute acceptable plats for filing with the Secretary of State.

Page 750

Section 8 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 9 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 28, 1984. EASEMENT TO OGLETHORPE POWER CORPORATION. No. 76 (House Resolution No. 476). A RESOLUTION Granting a perpetual easement for construction, operation and maintenance of a transmission line across property owned by the State of Georgia in Tattnall County, Georgia; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the 1645th G.M.D. of Tattnall County, Georgia which is in the custody of the Department of Offender Rehabilitation and utilized as Reidsville Prison; and WHEREAS, the Oglethorpe Power Corporation desires to extend a transmission line across a portion of said property; and WHEREAS, this transmission line across a portion of said property will be beneficial both to the State of Georgia and the Oglethorpe Power Corporation. 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, herein referred to as the easement

Page 751

area, and that, in all matters relating to the easement area, 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, grant to the Oglethorpe Power Corporation, its successors and assigns, a perpetual easement for the construction, operation and maintenance of a transmission line across the easement area for the purpose of constructing, erecting, operating, maintaining, repairing and replacing a transmission line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 1645th G.M.D. of Tattnall County, Georgia and is more particularly described as follows: TRACT 1: Commence at a point located on the northwesterly right-of-way line of State Highway 147; thence running North 57 degrees 13 minutes West a distance of 504.65 feet to a point; thence running South 72 degrees 15 minutes West a distance of 338.40 feet to a point; thence running North 17 degrees 45 minutes West a distance of 100.00 feet to a point; thence running North 72 degrees 15 minutes East a distance of 304.64 feet to a point; thence running North 57 degrees 13 minutes West a distance of 45.23 feet to a point; thence running North 72 degrees 15 minutes East a distance of 126.19 feet to a point; thence running South 57 degrees 13 minutes East a distance of 126.19 feet to a point; thence running South 72 degrees 15 minutes West a distance of 45.23 feet to a point; thence running South 57 degrees 13 minutes East a distance of 474.38 feet to a point located on the northwesterly right-of-way line of State Highway 147; thence running along the northwesterly right-of-way line of State Highway 147 South 34 degrees 47 minutes West a distance of 100.06 feet to the point of beginning; said tract being shown as parcel no. 42 on a plat of survey approved on March 14, 1983 and labeled Stoney Hill - Ohoopee 115 KV Transmission Line and prepared by Roland McCann, Georgia Registered Land Surveyor No. 1752. TRACT 2: Commence at a point located on the southeasterly right-of-way line of State Highway 147; thence running South 57 degrees 13 minutes East a distance of 904.54 feet to a point; thence running South 62 degrees 17 minutes West a distance of 114.90 feet to a point; thence running North 57 degrees 13 minutes West a distance of 851.46 feet to a point located on the southeasterly right-of-way line

Page 752

of State Highway 147; thence running along the southeasterly right-of-way line of State Highway 147 North 34 degrees 47 minutes East a distance of 100.06 feet to the point of beginning; said tract being shown as parcel no. 40 on a plat of survey approved on March 14, 1983 and labeled Stoney Hill - Ohoopee 115 KV Transmission Line and prepared by Roland McCann, Georgia Registered Land Surveyor No. 1752. Section 3 . That Oglethorpe Power Corporation shall have the right to remove from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation and maintenance of said transmission line. Section 4 . That, after Oglethorpe Power Corporation has constructed and put into use the transmission line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Oglethorpe Power Corporation, 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 facility shall become the property of the State of Georgia, its successor and assigns. Section 5 . That no title shall be conveyed to Oglethorpe Power Corporation and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges and interest granted to Oglethorpe Power Corporation. Section 6 . That the easement granted to Oglethorpe Power Corporation shall contain such other terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia, and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 7 . That the consideration for such easement shall be $10.00 and the mutual benefit to the parties from the construction, operation and maintenance of said transmission line.

Page 753

Section 8 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. Section 9 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 10 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 28, 1984. CONVEYANCE OF CERTAIN PROPERTY LOCATED IN FLOYD COUNTY. No. 77 (House Resolution No. 482). A RESOLUTION Authorizing the conveyance of certain state owned property located in Floyd County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain property known as the Old Farmers' Market containing approximately two acres located in Floyd County, Georgia; and WHEREAS, the property was declared surplus and is currently being leased until April 30, 1984, as authorized by Ga. L. 1969, p. 1077 (Res. Act 75 passed and adopted by the 1969 General Assembly); and WHEREAS, said property is currently under the custody and management of the State Properties Commission; and

Page 754

WHEREAS, said real property is all that tract or parcel of land lying and being in Floyd County, Georgia, and being described as follows: All that tract or parcel of land situated, lying and being in the twenty-third District and Third Section of Floyd County, Georgia, and being a part of what has been known as the Yancy and Mobley Tracts and Emma J. McGhee lots, and more particularly described as follows: BEGINNING at a point on the northerly side of that street designated on the map of the City of Rome made and compiled by Dietz Brothers in 1890, as Seventh Street in New Rome, sometimes called the Furnace Road, and being the street along which the old dummy line formerly ran from the Cave Springs Road to the Old Lindale Road, said point being one hundred ninety-five (195) feet south 69D 30M east from the point where the northerly side of said described street intersects the eastern boundary of the right of way of the Southern Railway Company, such beginning point being marked by an iron pipe, and from such beginning point running north 20D 30M east eight hundred twenty (820) feet to an iron pipe; thence at a right angle south 69D 30M east sixty-five (65) feet; thence at a right angle south 20D 30M west eight hundred twenty (820) feet to an iron pipe on the northern side of said street; thence at a right angle north 69D 30M west sixty-five (65) feet to the beginning point. Said property is a part of that conveyed by the Rome Chamber of Commerce to Coosa Valley Livestock Association by two deeds dated March 25, 1948, recorded in Book 231, Pages 104 and 105, of the deed records of said County. ALSO All that tract or parcel of land situated, lying and being in the twenty-third District and Third Section of Floyd County, Georgia, and being part of what has been known as the Yancey and Mobley tracts and Emma J. McGhee lots, and more particularly described as follows: BEGINNING at the northwesterly corner of the tract this day conveyed by Coosa Valley Livestock Association, Inc., to Tom Linder, as Commissioner of Agriculture of the State of Georgia, which corner is located two hundred and sixty (260) feet south 69D 30M east from the easterly side of the right of way of the Southern Railway Co., and

Page 755

eight hundred twenty (820) feet north 20D 30M east from the northerly side of that street designated on the map of the city of Rome made and compiled by Dietz Brothers in 1890, as Seventh Street in New Rome, sometimes called the Furnace Road and being the street along which the old dummy line formerly ran from the Cave Springs Road to the Old Lindale Road, and from said beginning point, running south 69D 30M east sixty-five (65) feet to an iron pipe; thence south 20D 30M west one hundred eighty (180) feet to a point on a line with the southeasterly side of what is known as the `Potato House' on the property of the party of the first part; thence south 69D 30M east, and along the southwesterly side of said `Potato House' sixty-four (64) feet to the southeast corner of said `Potato House'; thence south 20D 30M west two hundred (200) feet; thence north 69D 30M west one hundred twenty-nine (129) feet to the southeasterly side of said tract this day conveyed to Tom Linder, as Commissioner of Agriculture of the State of Georgia, as aforesaid; thence north 20D 30M east, along the southerly side of said tract referred to above, three hundred eighty (380) feet to the beginning point. Said property is a part of that conveyed by Rome Chamber of Commerce to Coosa Valley Livestock Association by two deeds dated March 25, 1948, recorded in Book 231, pages 104 and 105 of the deed records of said County. Said property having situated thereon one steel and masonry building 76 x 160 feet and one concrete block building 42 x 80 feet.; and WHEREAS, the property is no longer useful to or needed by the State of Georgia and, therefore, is surplus. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described property and that, in all matters relating to the conveyance of the property, the State of Georgia is acting by and through the State Properties Commission. Section 2 . That the State Properties Commission is authorized to convey any or all of the above-described property for a consideration not less than the fair market value upon such terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia.

Page 756

Section 3 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 4 . That, 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 or drawing 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 as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 6 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 28, 1984. MENTAL HEALTHTRANSFER OF CERTAIN PATIENTS TO CUSTODY OF FEDERAL AGENCIES. Code Section 37-3-102 Amended. No. 1097 (Senate Bill No. 28). AN ACT To amend Code Section 37-3-102 of the Official Code of Georgia Annotated, relating to the transfer of patients to the custody of federal agencies for diagnosis, care, or treatment, so as to direct the department to transfer patients eligible for hospital care or treatment

Page 757

by the United States Veterans' Administration or any other federal agency directly to the custody of the nearest such agency for diagnosis, care, or treatment; to provide for certain patient evaluations; 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 37-3-102 of the Official Code of Georgia Annotated, relating to the transfer of patients to the custody of federal agencies for diagnosis, care, or treatment, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) If a patient ordered to be hospitalized pursuant to this chapter is eligible for hospital care or treatment by the United States Veterans' Administration or any other federal agency, the department shall transfer the patient to the custody of the nearest such agency with available bed space for diagnosis, care, or treatment. When any such patient is admitted under this Code section to any such hospital or institution within or outside the state, he shall be subject to the rules and regulations of such agency. Upon notification from the superintendent or the chief medical officer of the United States Veterans' Administration Hospital for those patients therein who may require involuntary treatment pursuant to this chapter, the patient will be evaluated, while remaining in the physical custody of the United States Veterans' Administration Hospital, by the nearest emergency receiving facility. The superintendent and chief medical officer of any hospital or institution operated by such agency in which the individual is so hospitalized shall, with respect to such individual, be vested with the same powers and duties as the superintendent and chief medical officer of facilities within this state with respect to all matters under this chapter. Jurisdiction is retained in the appropriate courts of this state at any time to inquire into the mental condition of an individual so hospitalized to determine the necessity for continuance of his hospitalization and to order his release; and every transfer of a patient by the department pursuant to this Code section is so conditioned. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 758

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. RETIREMENT AND PENSIONSLIMITATION ON USE OF SERVICE IN GENERAL ASSEMBLY AS CREDIT UNDER OTHER LOCAL AND STATE SYSTEM. Code Section 47-1-8 Enacted. No. 1098 (Senate Bill No. 63). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide that service in the General Assembly after a certain date may not be obtained as creditable service under any local retirement or pension system unless the source of authority for such local retirement or pension system specifically authorizes creditable service for service in the General Assembly; to remove the option for members of the General Assembly to become members of the Employees' Retirement System of Georgia as applied to persons becoming members of the General Assembly after a certain 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 of Chapter 1, relating to general provisions applicable to public retirement, a new Code Section 47-1-8 to read as follows: 47-1-8. No person becoming a member of the General Assembly for the first time on or after July 1, 1984, shall be entitled to receive or shall receive any creditable service under any local retirement or

Page 759

pension system for service as a member of the General Assembly unless the law, ordinance, or resolution which is the source of authority for such local retirement or pension system specifically authorizes creditable service to be obtained under such local retirement or pension system for service in the General Assembly. Section 2 . Said title is further amended by striking subsection (b) of Code Section 47-6-42, relating to membership in the Georgia Legislative Retirement System and the option to become a member of the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Each person who becomes a member of the General Assembly after April 13, 1979, but before July 1, 1984, shall elect either to become a member of the Georgia Legislative Retirement System or to become a member of the Employees' Retirement System of Georgia. Such election must be made within 60 days from the date the person becomes a member of the General Assembly and once made shall be irrevocable as long as such person is a member of the General Assembly. Each person who becomes a member of the General Assembly on or after July 1, 1984, shall become a member of the Georgia Legislative Retirement System upon taking office as a member of the General Assembly and shall remain a member of said system as long as such person remains a member of the General Assembly. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

Page 760

CRIMINAL PROCEDUREAPPEAL BONDS IN CERTAIN CASESPUNISHMENT IN CERTAIN FELONY CASES. Code Title 17, Chapters 6 and 10 Amended. No. 1099 (Senate Bill No. 108). AN ACT To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to delete provisions relating to termination of appeal bonds when the right to appeal terminates; to deny appeal bonds to certain convicted felons; to provide for the allowance of appeal bonds for persons sentenced to serve less than seven years; to provide that a person who has been previously convicted under the laws of another state or of the United States shall be punished in the same manner as a person previously convicted of a felony in 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 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking in its entirety subsection (d) of Code Section 17-6-1, relating to bail in criminal cases, which reads as follows: (d) Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies., and inserting in lieu thereof a new subsection (d) to read as follows: (d) No appeal bond shall be granted to any person who has been convicted of murder, rape, armed robbery, kidnapping, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court. Appeal bonds shall terminate

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when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies. Section 2 . Said title is further amended by striking in its entirety subsection (a) of Code Section 17-10-7, relating to punishment of criminals who have been previously convicted of felonies, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any person convicted of a felony offense in this state or having been convicted under the laws of any other state or of the United States of a crime which if committed within this state would be a felony and sentenced to confinement in a penal institution, who shall afterwards commit a felony punishable by confinement in a penal institution, shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent offense of which he stands convicted, provided that, unless otherwise provided by law, the trial judge may, in his discretion, probate or suspend the maximum sentence prescribed for the offense. 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 28, 1984.

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PUBLIC OFFICERS AND EMPLOYEESCERTAIN DEFINITIONS CHANGEDGEORGIA INDEMNIFICATION COMMISSION CREATED. Code Title 45, Chapter 9 Amended. No. 1100 (Senate Bill No. 191). 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 officers, firemen, and prison guards, so as to change the definition of the term law enforcement officer; to change the definition of the term prison guard; to provide for the director of the Division of Youth Services of the Department of Human Resources to be a member of the Georgia State Indemnification Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . 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 in its entirety paragraph (3) of Code Section 45-9-81, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of human resources pursuant to paragraph (2) of subsection (i) of Code Section 49-5-10, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision.

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Section 2 . Said article is further amended by striking in its entirety paragraph (5) of Code Section 45-9-81, relating to definitions, 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. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime. Section 3 . Said article is further amended by striking in its entirety Code Section 45-9-83, relating to the composition of the Georgia State Indemnification Commission, and inserting in lieu thereof a new Code Section 45-9-83 to read as follows: 45-9-83. There is created the Georgia State Indemnification Commission which shall be composed of the Governor, the Secretary of State, the Commissioner of Insurance, the commissioner of public safety, the commissioner of offender rehabilitation, the director of the Division of Youth Services of the Department of Human Resources, the president of the Peace Officers Association of Georgia, and the president of the Georgia Fireman's Association. The Governor shall be the chairman of the commission and the commission shall be assigned to the Department of Administrative Services for administrative purposes. Section 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 28, 1984.

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ELECTIONSPUBLIC DISCLOSURE BY CANDIDATES OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURESLAW AMENDED. Code Title 21, Chapter 5 Amended. No. 1101 (Senate Bill No. 248). AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public disclosure by candidates of campaign contributions and expenditures, so as to change the definition of expenditure; to change the reporting provisions; to change the provisions relative to notice of qualification by filing officers; to change the provisions relative to the per diem of members of the State Campaign and Financial Disclosure Commission; to increase the amount of the civil penalties for failure to file a campaign financing disclosure report; to provide for the filing of campaign disclosure reports in run-off elections; to provide for the assessment and collection of civil penalties; to provide for court costs in certain civil actions; to provide for the filing of disclosure of financial interests by candidates for certain offices; to provide a definition; to require disclosure of financial interest reports to be filed; to prescribe the contents of such reports; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public disclosure by candidates of campaign contributions and expenditures, is amended by striking paragraph (6) of Code Section 21-5-3, relating to definitions relative to disclosure reports of campaign contributions and expenditures, and inserting in lieu thereof a new paragraph (6) to read as follows: (6) `Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person for the offices provided for in Code Section 21-5-2, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment or a state-wide referendum, but the term specifically shall not include

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the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. `Expenditure' shall also include the payment of a qualifying fee for and in behalf of any candidate. Section 2 . Said chapter is further amended by striking Code Section 21-5-5, relating to campaign financial disclosure reports to be filed, in its entirety and inserting in lieu thereof a new Code Section 21-5-5 to read as follows: 21-5-5. (a) (1) The candidate or the chairman or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office provided for in Code Section 21-5-2, except county and municipal offices, and the chairman or treasurer of every campaign committee designed to bring about the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall file with the Secretary of State the required campaign financing disclosure reports. A candidate for any state office or the chairman or treasurer of his campaign committee shall file a copy of each of his reports with the judge of the probate court of the county of his residence. (2) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign financing disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. (3) A candidate for county office or for justice of the peace or the chairman or treasurer of his campaign committee shall file the required campaign financing disclosure reports with the judge of the probate court in the respective county of election. (4) A candidate for municipal office or his campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality.

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(b) All reports shall list the following: (1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund-raising events; (2) The name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made and the amount and general purpose of such expenditure; (3) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify it. (c) Campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall file campaign financing disclosure reports 45 days and 15 days before the primary election and ten days after the primary election. Candidates in a general or special election campaign shall make such reports 15 days prior to the general or special election, and all candidates shall make a final campaign disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. If a run-off election is required following a general or special election, candidates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the exception that if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of said reports by United States mail with adequate postage thereon, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of

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all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more, said candidate shall only be required to make the initial and final report as required under this chapter. (e) A supplemental campaign financing disclosure report shall be filed by each person elected to an office covered by this chapter no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is required to be reported under this chapter between the date of the last campaign financing report filed pursuant to this chapter and December 31 of any year, a supplemental campaign financing disclosure report shall not be required by this chapter. (f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public official shall file campaign financing disclosure reports with the Secretary of State as follows: (1) An initial report shall be filed within 15 days of the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 15 days after the expiration date for acquiring signatures on the recall petition; (4) A final report shall be filed prior to December 31 of the year in which the recall election is held; and (5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the judge of the probate court in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality.

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(g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign financing disclosure report with the Secretary of State 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held. (h) (1) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign financing disclosure report as prescribed by this chapter, provided that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must identify the principal officer of said campaign committee by containing the name and title of the principal officer. (2) If a campaign committee is required to file a report under paragraph (1) of this subsection, said report shall be filed with the judge of the probate court of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held. Section 3 . Said chapter is further amended by striking Code Section 21-5-7, relating to the duty of the chairman or treasurer of a campaign committee to keep records, in its entirety and inserting in lieu thereof a new Code Section 21-5-7 to read as follows: 21-5-7. It shall be the duty of the chairman or treasurer of any campaign committee which accepts contributions or makes expenditures to keep a detailed and exact account of: (1) The amounts of all contributions made to the campaign committee; (2) The name and mailing address of every person [Illegible Text] any contributions and the amount of such contributions;

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(3) All expenditures made by the candidate or the campaign committee; and (4) The name and mailing address of every peson to whom an expenditure is made and the amount and general purpose thereof. Section 4 . Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-5-9, relating to the duties of filing officer, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The names of all candidates and offices sought in a special election, when held at a time other than election dates scheduled by law or charter, within ten days of the close of the qualification period; and. Section 5 . Said chapter is further amended by striking Code Section 21-5-11, relating to creation, composition, and powers of State Campaign and Financial Disclosure Commission, in its entirety and inserting in lieu thereof a new Code Section 21-5-11, to read as follows: 21-5-11. (a) There is created the State Campaign and Financial Disclosure Commission. (b) The commission shall be composed of five members. The initial membership of the commission shall be appointed as follows: one member shall be appointed by the Secretary of State for an initial term of office of two years; one member shall be appointed by the Lieutenant Governor for an initial term of office of three years; one member shall be appointed by the Speaker of the House of Representatives for an initial term of office of four years; and two members, not more than one of whom shall be from the same political party, shall be appointed by the Governor for initial terms of office of five years and six years, respectively. The terms of office of initial members shall commence on May 1, 1975. Members of the commission shall not serve for more than one term of office. Upon the expiration of a member's term of office, a new member, appointed in the same manner as the member whose term of office expired, shall become a member of the commission and shall serve for a term of office of five years and until his successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member

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shall be appointed to the unexpired term of office by the state official who appointed the vacating member. (c) Any person who (1) has qualified to run for any federal, state, or local public office within a period of five years prior to his appointment, (2) has held any federal, state, or local public office within a period of five years prior to his appointment, or (3) serves as an officer of any political party, whether such office is elective or appointive and whether such office exists on a local, state, or national level, shall be ineligible to serve as a member of the commission; provided, however, that any member of the commission who, on April 1, 1977, was also serving as an officer of a political party on a local, state, or national level shall not be ineligible, by virtue of this Code section, during the remainder of the term of commission office which such member is serving on said date. The commission shall elect a chairman and shall adopt rules and regulations as required by subsection (a) of Code Section 50-13-3. All rules of the commission shall be promulgated in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (d) Members of the commission shall serve without compensation but shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission. No member shall receive per diem or travel expenses for more than 20 days per year. (e) The commission shall have the authority: (1) To employ an executive secretary and such additional staff as the commission deems necessary to carry out the powers delegated to the commission by this chapter; (2) To promulgate and adopt rules and regulations as defined in Chapter 13 of Title 50; (3) To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence; and (4) To institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this chapter.

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(f) The commission shall have the following duties: (1) To prescribe forms to be used in complying with this chapter; (2) To prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required to file statements and reports by this chapter; (3) To accept and file any information voluntarily supplied that exceeds the requirements of this chapter; (4) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter; (5) To adopt a retention standard for records of the commission in accordance with Chapter 18 of Title 50, the `Georgia Records Act'; (6) To prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this chapter; (7) To provide for wide public dissemination of such summaries and reports; (8) To determine whether the required statemetns and reports have been filed and, if so, whether they conform to the requirements of this chapter; (9) To make investigations, subject to the limitations contained in Code Section 21-5-12, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter and, upon receipt of the written complaint of any person, verified under oath, to the best information, knowledge, and belief, by the person making same, with respect to an alleged violation of any part of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter;

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(10) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-12, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath, to the best information, knowledge, and belief by the person making same; and, if there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the commission determines that there are such reasonable grounds, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The complainant shall be given an acknowledgment and status report within ten days of registering said complaint and shall be given an estimate of the time required to complete said investigation. The commission may file a complaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter; (11) To report suspected violations of law to the appropriate law enforcement authority; (12) To issue, upon request, and publish advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances; (13) To issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator: (A) To cease and desist from committing further violations; (B) To make public complete statements, in corrected form, containing the information required by this chapter;

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(C) To order the payment of civil penalties not to exceed $250.00 for each failure to file a report required by this chapter; (14) To make public its conclusion that a violation has occurred and the nature thereof; (15) To petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hearing; and (16) To report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries, and duties of all individuals employed and the funds disbursed, and to make such further report on the matters within its jurisdiction as may appear desirable. (g) The Secretary of State, through his office, shall perform the ministerial functions which the commission may require. The office of the Secretary of State shall be designated as the place where the public may file papers or correspond with the commission and receive any form or instruction from the commission. The Secretary of State or his designee shall serve as secretary to the commission. Section 6 . Said chapter is further amended by adding between Code Sections 21-5-11 and 21-5-12 a new Code section, to be designated Code Section 21-5-11.1, to read as follows: 21-5-11.1. (a) A civil penalty shall not be assessed against any person pursuant to the provisions of this chapter except after notice and hearing as provided by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury. (b) The Attorney General of this state shall, upon complaint by the commission, or may, upon his own initiative if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties assessed against any person violating any provisions of this chapter or any rule or regulation duly issued by the commission.

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(c) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, may provide that the defendant pay to the commission the costs incurred by the commission in the prosecution of such action. Section 7 . Said chapter is further amended by adding between Code Section 21-5-5 and Code Section 21-5-6 a new Code Section 21-5-5.1 to read as follows: 21-5-5.1. (a) As used in this Code section, the term `business entity' means any corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust. (b) Every candidate who qualifies for nomination or election to any office of this state which office is voted on by the electors of the entire state shall file with the Secretary of State a disclosure of financial interests report. (c) All disclosure of financial interests reports shall contain the following information: (1) The name, mailing address, and the office to which the candidate seeks nomination or election; (2) All direct ownership interests of the total assets or capital stock of any business entity, including the name of the business entity in which such ownership interest is held, where: (A) Such ownership interest is more than 10 percent; or (B) Such ownership interest has a fair market value of more than $20,000.00; and (3) All direct ownership interests which have a fair market value of over $20,000.00 in: (A) Real property, including the county and state in which such property is located; and (B) Intangible property, including the type of such property, exclusive of that listed under paragraph (2) of this subsection.

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(d) The requirement to disclose certain ownership interests in certain business entities as required by paragraph (2) of subsection (c) of this Code section shall not be construed to include a requirement to disclose the existing or subsequently acquired investments, holdings, or assets of such business entities. (e) The disclosure of financial interests report, required by subsection (b) of this Code section, shall be filed no later than 20 days following the date when a candidate qualifies for nomination for election or for election. All candidates shall have a five-day grace period in filing the required reports. The mailing of said reports by United States mail with adequate postage thereon, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. PARDONS AND PAROLESIMPOSITION OF PAROLE SUPERVISION FEES AUTHORIZED. Code Section 42-9-42 Amended. No. 1102 (Senate Bill No. 254). AN ACT To amend Code Section 42-9-42 of the Official Code of Georgia Annotated, relating to procedure for granting of clemency, pardon, or parole, so as to impose parole supervision fees on persons who are paroled; to provide for other matters related 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 42-9-42 of the Official Code of Georgia Annotated, relating to procedure for granting of clemency, pardon, or parole, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) (1) Any person who is paroled shall be released on such terms and conditions as the board shall prescribe. The board shall diligently see that no peonage is allowed in the guise of parole relationship or supervision. The parolee shall remain in the legal custody of the board until the expiration of the maximum term specified in his sentence or until he is pardoned by the board. (2) The board may require the payment of a parole supervision fee of $10.00 per month as a condition of parole; provided, however, such requirement shall expire at the end of 24 months or the term of parole, whichever event occurs first. The board may require that the supervision fee be paid in advance of the time to be spent on parole. In such cases, any advance payments are nonreimbursable in the event of parole revocation or if parole is otherwise terminated prior to the expiration of the sentence being served on parole. Such fees shall be collected by the board to be paid into the general fund of the state 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 28, 1984.

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ACCIDENT AND SICKNESS INSURANCEMENTAL DISORDERSNATURE OF REQUIRED COVERAGE CHANGED. Code Section 33-24-28.1 Amended. No. 1103 (Senate Bill No. 259). AN ACT To amend Code Section 33-24-28.1 of the Official Code of Georgia Annotated, relating to required accident and sickness insurance coverage of mental disorders, so as to change the nature of required coverage; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 33-24-28.1 of the Official Code of Georgia Annotated, relating to required accident and sickness insurance coverage of mental disorders, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Every insurer authorized to issue accident and sickness insurance benefit plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed on or after July 1, 1984, coverage for the treatment of mental disorders, which coverage shall be at least as extensive and provide at least the same degree of coverage as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under such benefit plan, policy, or contract. In no event shall such an insurer be required to cover inpatient treatment for more than a maximum of 30 days per policy year or outpatient treatment for more than a maximum of 48 visits per policy year under individual policies or to cover inpatient treatment for more than a maximum of 60 days per policy year or outpatient treatment for more than a maximum of 50 visits per policy year under group policies.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. HOSPITALS AND OTHER HEALTH CARE FACILITIES AUTHORIZED TO TRANSFER PROPERTY OF DECEASED PATIENTS. Code Section 31-7-11 Enacted. No. 1104 (Senate Bill No. 319). 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 the transfer of property belonging to a patient which is in the possession of a hospital or nursing home without impairing certain laws or instruments; 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 a new Code Section 31-7-11 at the end thereof to read as follows: 31-7-11. (a) Whenever any person dies in a hospital licensed pursuant to Chapter 7 of this title, in any federal hospital operating within this state, or any nursing home operated within this state, such hospital or nursing home shall be authorized but shall not be required to transfer possession of any property, tangible or intangible, of such patient which is in the possession of the hospital or nursing home, to the following persons:

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(1) To the person designated by the patient in writing upon admission to the hospital or nursing home, if any; (2) To the surviving spouse of the patient, if any; (3) If no surviving spouse, to any adult child of the patient, and if no such adult child, to any person acting in loco parentis of any minor child; (4) If no surviving spouse or surviving children, to either parent of the patient; (5) If none of the above, then to any brother or sister of the patient; or (6) If none of the above, to the person assuming responsibility for burial of the patient. (b) The transfer of possession to the surviving spouse or any of the other family members or persons listed in subsection (a) of this Code section shall operate as a complete acquittal and discharge to the hospital or nursing home of liability from any suit, claim, or demand of whatever nature by any heir, distributee, or creditor of the patient, or any other person as relates to the property transferred. Such distribution is authorized to be made as provided in this Code section without the necessity of administration of the estate of the patient and without the necessity of obtaining an order that no administration of such estate is necessary. (c) The transfer of possession provided for in this Code section shall in no way affect the legal ownership or title to any property so transferred. (d) The provisions of any law of descent or distribution or any will or other instrument providing for disposition of property shall not be impaired by this Code section, and any person to whom property is transferred pursuant to this Code section may be required to transfer that property in conformity with the disposition of property required by such laws of descent or distribution or such will or other instrument.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. SPECIAL ELECTIONSBEGINNING DATE FOR QUALIFYING. Code Section 21-2-132 Amended. No. 1105 (Senate Bill No. 321). AN ACT To amend Code Section 21-2-132 of the Official Code of Georgia Annotated, relating to the filing of notice of candidacy, so as to provide for a beginning date for qualifying in special 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 . Code Section 21-2-132 of the Official Code of Georgia Annotated, relating to the filing of notice of candidacy, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) All other candidates shall file their notice of candidacy and pay 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

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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 no earlier than the date of the call of the election and no later than 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 no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. MOTOR VEHICLE CERTIFICATE OF TITLE ACTCERTAIN DEFINITIONS CHANGED. Code Section 40-3-2 Amended. No. 1106 (Senate Bill No. 343). AN ACT To amend Code Section 40-3-2 of the Official Code of Georgia Annotated, relating to definitions in the Motor Vehicle Certificate of Title Act, so as to change the definition of the term major component

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part and the term salvage motor vehicle; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 40-3-2 of the Official Code of Georgia Annotated, relating to definitions in the Motor Vehicle Certificate of Title Act, is amended by striking in its entirety paragraph (10) and inserting in lieu thereof a new paragraph (10) to read as follows: (10) `Major component part' means any one of the following subassemblies of a motor vehicle: (A) Front clip assembly (fenders, grille, hood, and bumper); (B) Rear clip assembly (quarter panels and floor panel assembly); (C) Engine and transmission; (D) Top assembly, with the exception of soft tops; (E) Frame; or (F) Complete side (fenders, door, and quarter panel). Section 2 . Said Code section is further amended by striking subparagraph (A) of paragraph (12) of said Code section and inserting in lieu thereof a new subparagraph (A) to read as follows: (A) Has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts but shall not mean any such motor vehicle which has been repaired and the title to which is not transferred as a result of such damage or repair; . Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

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SHERIFFSMINIMUM ANNUAL SALARIESADDITIONAL COMPENSATION FOR CERTAIN SERVICES. Code Title 15, Chapter 16 Amended. No. 1107 (Senate Bill No. 358). AN ACT To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the minimum annual salaries of the sheriffs; to provide additional remuneration 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 . Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by striking in its entirety subsection (a) of Code Section 15-16-20, relating to minimum annual salary of sheriffs, and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 15,125.00 6,000 - 11,999 18,755.00 12,000 - 19,999 21,538.00 20,000 - 29,999 23,716.00 30,000 - 39,999 25,894.00 40,000 - 49,999 28,072.00 50,000 - 99,999 30,250.00 100,000 - 179,999 32,307.00 180,000 - 199,999 26,500.00 200,000 - 299,999 34,606.00 300,000 - and up 42,300.00 (2) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Effective January 1, 1985, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 16,183.00 6,000 - 11,999 20,067.00 12,000 - 19,999 23,045.00 20,000 - 29,999 25,376.00 30,000 - 39,999 27,706.00 40,000 - 49,999 30,037.00 50,000 - 99,999 32,367.00 100,000 - 179,999 34,568.00 180,000 - 199,999 26,500.00 200,000 - 249,999 34,606.00 250,000 - 299,999 37,028.00 300,000 - and up 45,261.00 Section 2 . Said chapter is further amended by adding between Code Sections 15-16-20 and 15-16-21 a new Code Section 15-16-20.1 to read as follows: 15-16-20.1. (a) Except as otherwise provided in subsection (b) of this Code section, in addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, or magistrate court under any applicable general or local law of this state shall receive for his services in such court or courts a salary of not less than $200.00 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary. (b) In all counties of this state which have a population of 5,999 or less according to the United States decennial census of 1980 or any

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future such census, in addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any such county who performs the duties of a sheriff for a state court, probate court, or magistrate court under any applicable general or local law of this state shall receive for his services in such court or courts a salary of not less than $50.00 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary. Section 3 . This Act shall become effective January 1, 1985. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. PROTECTION OF DISABLED ADULTSREPORTS OF ABUSEFILINGPENALTY FOR FAILURE TO FILE. Code Title 30, Chapter 5 Amended. No. 1108 (Senate Bill No. 374). AN ACT To amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to the protection of disabled adults, so as to change the provisions relative to reporting of need for protective services; to require acknowledgement of receipt of reports of suspected abuse of disabled adults; to make it unlawful for any person to abuse, neglect, or exploit any disabled adult; to make it unlawful for any person or official required by law to report a case of disabled adult abuse to fail knowingly and willfully to make such report; to provide for complaints of disabled adult abuse; to provide penalties; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to the protection of disabled adults, is amended by striking in its entirety Code Section 30-5-4, which reads as follows: 30-5-4. (a) Any person having reasonable cause to believe that a disabled adult is in need of protective services shall report such information to the director. (b) The report may be made by oral or written communication. The report shall include the name and address of the disabled adult and should include the name and address of the disabled adult's caretaker, the age of the disabled adult, the nature and extent of the disabled adult's injury or condition resulting from abuse, exploitation, or neglect, and other pertinent information. (c) Anyone who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, or who participates in a required investigation conducted pursuant to this chapter shall be immune from any civil or criminal liability on account of such report or testimony or participation, unless such person acted in bad faith or with a malicious purpose., and inserting in lieu thereof a new Code Section 30-5-4 to read as follows: 30-5-4. (a) (1) Any physician, osteopath, intern, resident, other hospital or medical personnel, dentist, psychologist, podiatrist, nursing personnel, social work personnel, day-care personnel, or law enforcement personnel having reasonable cause to believe that a disabled adult has had a physical injury or injuries inflicted upon him, other than by accidental means, by a caretaker or has been neglected or exploited by a caretaker shall report or cause reports to be made in accordance with the provisions of this Code section; provided, however, that, when the person having a reasonable cause to believe that a disabled adult is in need of protective services performs services as a member of the staff of a hospital, social agency, or similar facility, he shall notify the person in charge of the facility and such person or his designee shall report or cause reports to be made in accordance with the provisions of this Code section.

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(2) Any other person having a reasonable cause to believe that a disabled adult is in need of protective services may report such information to an adult protection agency providing protective services, as designated by the department or, in the absence of such agency, to an appropriate law enforcement authority or district attorney. If a report of disabled adult abuse is made to an adult protection agency or independently discovered by the agency and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate law enforcement authority or district attorney. (b) The report may be made by oral or written communication. The report shall include the name and address of the disabled adult and should include the name and address of the disabled adult's caretaker, the age of the disabled adult, the nature and extent of the disabled adult's injury or condition resulting from abuse, exploitation, or neglect, and other pertinent information. All such reports prepared by a law enforcement agency shall be forwarded to the director within 24 hours. (c) Anyone who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, or who participates in a required investigation under the provisions of this chapter shall be immune from any civil or criminal liability on account of such report or testimony or participation, unless such person acted in bad faith or with a malicious purpose. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 30-5-5, relating to investigation of reports of need for protective services, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any director receiving a report that a disabled adult is in need of protective services shall conduct or have conducted a prompt and thorough investigation to determine whether the disabled adult is in need of protective services and what services are needed. The investigation shall include a visit to the person and consultation with others having knowledge of the facts of the particular case. Within ten days after receipt of the report, the director shall acknowledge receipt of the report, in writing, to the person making the report.

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Section 3 . Said chapter is further amended by adding at the end thereof a new Code Section 30-5-8 to read as follows: 30-5-8. (a) (1) It shall be unlawful for any person to abuse, neglect, or exploit any disabled adult. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor. (b) (1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. AD VALOREM TAXATION OF PROPERTYEXEMPTION OF CERTAIN MOTOR VEHICLESSTATE-WIDE REFERENDUM. Code Section 48-5-470.1 Enacted. No. 1109 (Senate Bill No. 378). AN ACT To amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide an exemption from ad valorem taxation for motor vehicles owned by a school or educational institution

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and used principally for the purpose of transportin handicapped or disabled students to or from such school or educational institution; to provide certain qualifications for exemption; to provide for a referendum for the approval or disapproval of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, is amended by adding immediately following Code Section 48-5-470 a new Code section to be designated Code Section 48-5-470.1, to read as follows: 48-5-470.1. All motor vehicles owned by a school or educational institution and used principally for the purpose of transporting handicapped or disabled students to or from such school or educational institution are exempted from any and all ad valorem taxes imposed by any tax jurisdiction in this state. The exemption provided for in this Code section shall apply only when such school or educational institution is qualified as an exempt organization under the United States Internal Revenue Code of 1954, Section 501(c)(3), as such section exists on January 1, 1984. Section 2 . By not later than October 1, 1984, the Secretary of State shall call and conduct a referendum for the approval or disapproval of Section 1 of this Act on the date of and in conjunction with the November, 1984, general election. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following: () YES () NO Shall motor vehicles used principally for the purpose of transporting handicapped or disabled students to or from any school or educational institution be exempted from ad valorem taxation?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1985, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void. Section 3 . Except as otherwise provided in Section 2 of this Act, 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 28, 1984. ALCOHOLIC BEVERAGESPOSSESSION AND TRANSPORTATION BY INDIVIDUALS OF NON-TAXPAID BEVERAGESQUANTITY PERMISSIBLE. Code Title 3, Chapters 3 and 5 Amended. No. 1110 (Senate Bill No. 387). AN ACT To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the quantities of alcoholic beverages an individual may possess and transport in this state upon which taxes have not been paid; to provide that each individual in certain situations shall be entitled to such exemption; to authorize the commissioner to prescribe by regulation for the identification of malt beverages; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 791

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 subsection (a) of Code Section 3-3-8, relating to the possession and transportation of lawfully purchased alcoholic beverages upon which taxes have not been paid in this state, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) (1) An individual may possess and transport in this state the following quantities of alcoholic beverages upon which the taxes imposed by this title have not been paid: (A) In the case of distilled spirits, not in excess of one-half gallon; (B) In the case of malt beverages, not in excess of 576 ounces or two standard cases of 12 ounce cans or the equivalent thereof or one 7.75 gallon keg or barrel; and (C) In the case of wine, not in excess of one-half gallon. (2) Whenever alcoholic beverages upon which the taxes imposed by this title have not been paid are being transported in a motor vehicle or other conveyance capable of transporting people, each individual in such motor vehicle or other conveyance, who is authorized to possess alcoholic beverages shall be entitled to the exemptions set forth in paragraph (1) of this subsection, and there shall be no presumption that all alcoholic beverages in the motor vehicle are possessed by the owner or operator of the motor vehicle. Section 2 . Said title is further amended by striking Code Section 3-5-21, relating to the sale or possession of bottles or cans not having the prescribed identification on crowns or lids and the alternate identification for use on certain imported bottles or containers, in its entirety and inserting in lieu thereof a new Code Section 3-5-21 to read as follows: 3-5-21. (a) The commissioner may prescribe by regulation that no person engaged in the business of selling manufacturing, or distributing malt beverages specified in this chapter in bottles or cans

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may sell, offer for sale, or possess for the purpose of sale any bottles or cans containing such malt beverages unless the crowns or lids contain the word `Georgia' or its abbreviation, such as `GA.' (b) The commissioner may prescribe an alternate identification for certain bottles or containers of malt beverages manufactured in a foreign country and which have been imported into this state by a licensed importer, manufacturer, or wholesaler for resale. Section 3 . Said title is further amended by striking in its entirety paragraph (3) of Code Section 3-5-60, relating to levy and amount of taxes, and inserting in lieu thereof a new paragraph to read as follows: (3) A tax on all such beverages in excess of 576 ounces or two standard cases of 12 ounce size or the equivalent thereof or one 7.75 gallon keg or barrel of such beverages at the same rates of taxation as imposed in this part for other such beverages and on which the taxes are not otherwise imposed by either paragraph (1) or (2) of this Code section. Section 4 . This Act shall become effective July 1, 1984. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. PROPERTYLIFE ESTATESCLOSURE OF CONTINGENT REMAINDER INTERESTS OF CERTAIN CLASSES. Code Section 44-6-90 Enacted. No. 1111 (Senate Bill No. 408). AN ACT To amend Article 5 of Chapter 6 of Title 44 of the Official Code of

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Georgia Annotated, relating to life estates, so as to provide for the closure of the contingent remainder interest of certain classes subject to open through subsequent birth or adoption; to provide for procedure; 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 6 of Title 44 of the Official Code of Georgia Annotated, relating to life estates, is amended by adding a new Code section immediately following Code Section 44-6-89, to be designated Code Section 44-6-90, to read as follows: 44-6-90. (a) The judge of the superior court shall have jurisdiction to hear any case that: (1) Involves a tenant for life in real property or the proceeds of real property; (2) Involves a contingent remainder interest of a class subject to open through the subsequent event of a birth or an adoption; and (3) Does not involve the creation of a perpetuity. (b) In such cases, the judge may receive evidence on the likelihood of the expansion of the class of such remaindermen through the subsequent event of the birth or the adoption of another member of such class. The judge shall be authorized to make such findings of fact and law as to declare such class to be closed. Upon such findings, the judge shall require the life tenant to give bond in an amount sufficient to protect against any actual subsequent expansion of such class by the life tenant through birth or adoption. An order of the judge in such case shall contain a determination of the free marketability of any concerned property. (c) An action on the bond provided for in subsection (b) of this Code section shall be the sole recourse of any person who is interested in the remainder.

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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 28, 1984. JUVENILE PROCEEDINGSLIMITING ORDERS OF DISPOSITION, ETC. Code Title 15, Chapter 11 Amended. No. 1112 (Senate Bill No. 425). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for judicial findings when a child is ordered removed from the child's home; to limit an order of disposition placing a deprived child in foster care and to provide for an extension; to require certain children to be returned to the court every two years; 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 Code Section 15-11-41, relating to limiting orders of disposition, and inserting in its place a new Code section to read as follows: 15-11-41. (a) An order terminating parental rights is without limit as to duration.

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(b) Except as otherwise provided by law, an order of disposition committing a delinquent or unruly child to the Division of Youth Services continues in force for two years or until the child is sooner discharged by the Division of Youth Services. The court which made the order may extend its duration for an additional two years subject to like discharge, if: (1) A hearing is held upon motion of the Division of Youth Services prior to the expiration of the order; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of the child. (c) A court's order removing a child from the child's home shall be based upon a finding by that court that continuation in the home would be contrary to the welfare of the child and that reasonable efforts were made to prevent or eliminate the need for removal and to make it possible for the child to return to the child's home. Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Department of Human Resources shall continue in force for 18 months after the date of original placement with the department or until sooner terminated by the court. The court which made the order may extend its duration for not more than two years if: (1) A hearing is held upon motion of the Department of Human Resources prior to the expiration of the order, which hearing shall determine the future status of the child including, but not limited to, whether the child should be returned to the parent, should be continued in foster care for a specified period, should be placed for adoption, or should, because of the child's special needs or circumstances, be continued in foster care on a permanent or long-term basis; and procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents;

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(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; and (3) The court finds that the extension is necessary to accomplish the purposes of the order extended. (d) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency, unruliness, or deprivation, except in an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if: (1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (e) Except as provided in subsection (b) of this Code section, the court may terminate an order of disposition or extension prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (f) Except as provided in subsection (a) of this Code section or as otherwise provided by law, when the child reaches 21 years of age all orders affecting him then in force terminate and he is discharged from further obligation or control. Section 2 . Said chapter is further amended by striking subsection (c) of Code Section 15-11-54, relating to placement of a child, and inserting in its place a new subsection to read as follows:

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(c) If the child is not adopted and a general guardian of the child has not been appointed, the child shall be returned to the court at least every two years after the date of the order during the continuation of foster care for entry of further orders for his care, custody, and control. This subsection applies to all children who, on or after July 1, 1984, are in the permanent custody of the Department of Human Resources. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. DRIVERS'LICENSESREVOCATION OF LICENSES OF HABITUAL VIOLATORS, ETC. Code Title 40, Chapter 5 Amended. No. 1113 (Senate Bill No. 426). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the provisions relating to revocation of licenses of habitual violators; to provide for serious traffic offenses committed on federal property; to provide for the immediate surrender of the driver's license of a person determined to be a habitual violator under certain conditions; to change the provisions relating to suspension of drivers' licenses of persons convicted of driving under the influence of alcohol or drugs; to change the definition of a certain term; to provide for suspension of drivers' licenses of persons convicted of driving under the influence of alcohol or drugs in cases where the offense occurred on federal property and where the offense occurred in any other state; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . 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 40-5-58, relating to revocation of drivers' licenses of habitual violators, and inserting in lieu thereof a new subsection (a) to read as follows: (a) As used in this Code section, `habitual violator' means any person who has been convicted within the United States: (1) Three or more times of: (A) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle; (B) Homicide by vehicle in the first or second degree; (C) Committing any offense covered under Code Sections 40-6-391 through 40-6-395 or of violating a federal law or regulation or the law of any other state or of a valid municipal or county ordinance substantially conforming to any offense covered under Code Sections 40-6-391 through 40-6-395; (D) Operating a vehicle after cancellation, suspension, or revocation of his operator's license under any law of this state or any law of any other state or any valid municipal or county ordinance substantially conforming to or paralleling the law of this state; (E) Making a false affidavit to the department or under any law of this state requiring the registration of motor vehicles or regulating their operation on the highways or making a false statement to the department on any application for an operator's license; (F) Using a fraudulent or fictitious license; (G) While in a motor vehicle, fleeing or attempting to elude a police officer;

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(H) Any crime punishable as a felony under this chapter or any other felony in the commission of which a motor vehicle is used; (I) Failure to stop and disclose his identity at the scene of the accident on the part of a driver of a motor vehicle involved in an accident resulting in damage to the property of another or resulting in the death of, or injury to, another; or (J) Singularly or in combination, any of the offenses described in subparagraphs (A) through (I) of this paragraph, both inclusive; or (2) Fifteen or more times of moving traffic offenses as contained in Chapter 6 of this title, including those covered in paragraph (1) of this subsection, or in the law of any other state, or in a valid municipal or county ordinance substantially conforming to or paralleling a similar law of Georgia, which offenses are required to be reported to the department, and the commission of which offenses, singularly or in combination with any other offense or offenses, statutorily requires the cancellation, suspension, or revocation of any operator's license by the department, or the commission of which offenses, singularly or in combination with any other offense or offenses, authorizes a court or the department to impose suspension or revocation of a driver's license. Section 2 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 40-5-58, relating to revocation of drivers' licenses of habitual violators, and inserting in lieu thereof a new subsection (b) to read as follows: (b) When the records of the department disclose that any person has been convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after January 1, 1976, which record of conviction, when taken with and added to previous convictions of such person of offenses occurring within five years prior to the date of such offenses, as contained in the files of the department, reveals that such person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that upon the date of notification such person has been declared by the department to be a habitual violator, and that henceforth it shall be unlawful for such

Page 800

habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be revoked by such notice and shall be surrendered to the department within ten days of notification of such determination. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. Section 3 . Said chapter is further amended by striking in its entirety paragraph (1) of Code Section 40-5-68, relating to definitions concerning the disposition of licenses of persons driving under the influence of alcohol or drugs, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Code Section 40-6-391' means Code Section 40-6-391 of the Official Code of Georgia Annotated, as now or hereafter amended, any federal law or regulation substantially conforming to or parallel with the offense covered under Code Section 40-6-391, 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, or any previously existing or existing law of this or any other state, which law was or is substantially conforming to or parallel with Code Section 40-6-391. 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 28, 1984.

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GAME AND FISHAREAS WHERE USE OF CERTAIN SEINES PERMITTED AND WHERE PROHIBITED. Code Section 27-4-112 Amended. No. 1114 (Senate Bill No. 482). AN ACT To amend Code Section 27-4-112 of the Official Code of Georgia Annotated, relating to the methods of taking fish, crustaceans, or mollusks generally, so as to change the areas where certain seines may be used; 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 27-4-112 of the Official Code of Georgia Annotated, relating to the methods of taking fish, crustaceans, or mollusks generally, is amended by striking paragraph (2) of subsection (d) of said Code section in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) The use of a seine less than 100 feet in length having a minimum net size of 1 1/4-inch stretched mesh on any sand beaches on any barrier island of this state is not prohibited. The use of such seines in any inlets or tidal sloughs is prohibited;. Section 2 . This Act shall become effective upon its approval by 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 28, 1984.

Page 802

WILDLIFEPROHIBITED TRAPPING ACTIVITIES. Code Title 27, Chapter 3 Amended. No. 1115 (Senate Bill No. 523). AN ACT To amend Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to trapping, trappers, and fur dealers, so as to change the provisions relating to prohibited activities relative to trapping; to provide that it shall be legal to dispatch a mink or otter found in a trap; to provide that it shall be unlawful for any person other than the landowner to remove a legally set trap without the permission of the owner of the trap; to change the provisions relative to reports to the department by fur dealers; to provide that is shall be unlawful for fur dealers to dispose of the carcass of any fur-bearing animal except pursuant to a plan approved by the department; 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 . Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to trapping, trappers, and fur dealers, is amended by striking subsection (a) of Code Section 27-3-63, relating to prohibited activities related to trapping, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) It shall be unlawful for any person to: (1) Trap any wildlife upon the right of way of any public road or highway of this state; (2) Set, place, or bait any trap for the purpose of taking any wildlife upon the land or in the waters adjoining the land of any other person, except during the open trapping season for such wildlife, and then only after obtaining the written consent of the owner of the land, which written consent shall be carried upon the trapper's person while engaged in trapping;

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(3) Trap any wildlife without inspecting the traps used for such purpose at least once during each 24 hour period and removing from the traps any wildlife caught therein; (4) Trap any wildlife by the use of traps which are not stamped with the owner's current license number or name in such a manner that the current license number or name is legible at all times. Any trap or traps found that are not stamped as required by this Code section may be confiscated and destroyed by the department through its officers and conservation rangers; (5) Ship or otherwise remove or cause to be removed from this state any raw or undressed hide, fur, pelt, or skin of any fur-bearing animal without first making a report to the department of the removal on forms to be furnished by the department for such purpose; (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; (7) Fail to carry a choke stick or similar device while tending traps, which device shall be used for releasing domestic animals; (8) Set on land any trap with a jaw opening larger than 5 3/4 inches, provided that nothing in this Code section shall be construed to restrict the type of trap which may be used in water; (9) Sell the fur, hide, or pelt of any domestic dog or cat caught by a trap; (10) Sell the raw, undressed fur, hide, skin, or pelt of any fur-bearing animal unless the person has a current valid commercial trapping license or fur dealer license; or (11) Set any body-gripping trap (as opposed to a leg-hold trap) of a size in excess of 9 1/2 inches square except in water or on land within ten feet of water, including swamps, marshes, and tidal areas. Section 2 . Said article is further amended by striking Code Section 27-3-64, relating to killing or injuring minks or otters, in its

Page 804

entirety and substituting in lieu thereof a new Code Section 27-3-64 to read as follows: 27-3-64. It shall be unlawful to use any kind of firearm to kill or injure mink or otter or to possess or sell any mink or otter, or the pelt thereof, which was killed by any kind of firearm, provided that nothing in this Code section shall prevent a person from dispatching a mink or otter found in a trap or from killing any mink or otter while it is destroying or damaging, or about to destroy or damage, the person's crops, domestic fowl, or other personal property. Section 3 . Said article is further amended by striking Code Section 27-3-65, relating to removal of wildlife from a trap owned by another person, in its entirety and substituting in lieu thereof a new Code Section 27-3-65 to read as follows: 27-3-65. It shall be unlawful for any person to remove a legally set trap, except for the owner of the land on which the trap is set, or to remove any lawfully trapped wildlife from any legally set trap or to possess any wildlife so removed from such a trap without the permission of the owner of the trap. Section 4 . Said article is further amended by striking Code Section 27-3-71, relating to reports by fur dealers to the department, in its entirety and substituting in lieu thereof a new Code Section 27-3-71 to read as follows: 27-3-71. (a) It shall be unlawful for any person to engage in business as a fur dealer unless the person files an annual report with the department not later than 60 days after the close of the trapping season. The report shall list the number of each type of hide, fur, skin, or pelt purchased during the preceding year, the date of purchase, the name of the person from whom purchased, and the person's trapping or raccoon fur seller's license number. The report shall be submitted on forms provided by the department. In addition, each fur dealer shall maintain in a legible manner on his business premises a listing of furs purchased during the license year showing each type of hide, fur, skin, or pelt purchased, the date of purchase, and the name of the person from whom purchased. (b) Conservation rangers and other authorized representatives of the department shall be authorized to enter the premises of a fur dealer, during normal working hours and at any other time when the

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licensed activity is being conducted, for the purpose of inspecting the premises and the records maintained by the fur dealer pursuant to subsection (a) of this Code section. (c) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. Section 5 . Said article is further amended by adding at the end thereof a new code Section to be designated Code Section 27-3-73, to read as follows: 27-3-73. It shall be unlawful for any fur dealer to dispose of any carcasses or parts of carcasses of any fur-bearing animals except pursuant to a written plan of disposal submitted to and approved by the department in writing. Such a plan of disposal shall be designed to minimize vermin infestation, odors and disease hazards. Any person who violates this Code Section shall be guilty of a misdemeanor and shall be subject to the administrative license revocation, suspension, denial and refusal provisions of Code Section 27-2-25. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. MUNICIPAL TAXATION OF PROPERTYLIMITATION ON TAXATION FOR MUNICIPAL DEVELOPMENT AUTHORITIES REMOVED. Code Section 48-5-350 Amended. No. 1116 (Senate Bill No. 548). AN ACT To amend Article 6 of Chapter 5 of Title 48 of the Official Code of

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Georgia Annotated, relating to municipal taxation, so as to remove the millage limitation on the authority of a municipality to levy taxes for financial assistance to its municipal development authority or a joint county and municipal development authority in certain instances; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, is amended by striking Code Section 48-5-350, relating to the municipal power to levy taxes for municipal development authorities, in its entirety and inserting in lieu thereof a new Code Section 48-5-350 to read as follows: 48-5-350. Every municipality may levy and collect municipal taxes upon all taxable property within the limits of the municipality to provide for financial assistance to its development authority or a joint county and municipal development authority for the purpose of developing trade, commerce, industry, and employment opportunities. The tax levied for the purposes provided in this Code section shall not exceed one mill per dollar upon the assessed value of the property; provided, however, the authorization contained in this Code section to levy and collect such tax shall not be deemed to be exclusive and shall not prevent any municipality from exercising any additional power granted to it pursuant to any constitutional amendment, whether general or special, to levy any ad valorem tax for the purpose of providing financial assistance to any municipal or joint county and municipal development authority. The exceptions to the one mill per dollar tax limitation contained in the proviso of the preceding sentence shall not be construed so as to affect any action pending in court on February 20, 1984. Section 2 . This Act shall become effective upon its approval by 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 28, 1984.

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COUNTY TAXATION OF PROPERTYMILLAGE LIMITATION ON TAXATION FOR SUPPORT OF COUNTY DEVELOPMENT AUTHORITIES REMOVED. Code Section 48-5-220 Amended. No. 1117 (Senate Bill No. 549). AN ACT To amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to remove the millage limitations on the authority of a county to levy taxes for financial assistance to its development authority or a joint county and municipal development authority in certain instances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, is amended by striking paragraph (20) of Code Section 48-5-220, relating to purposes of county taxes, in its entirety and inserting in lieu thereof a new paragraph (20) to read as follows: (20) To provide for financial assistance to county or joint county and municipal development authorities for the purpose of developing trade, commerce, industry, and employment opportunities. No tax for this purpose shall exceed one mill per dollar upon the assessed value of the taxable property in the county levying the tax; provided, however, that the authority to levy and collect a tax for the purpose described in this paragraph shall not be deemed to be an exclusive authorization and shall not prevent any county from exercising any power granted to it pursuant to any constitutional amendment, whether general or special, to levy any ad valorem tax for the purpose of providing financial assistance to any county or joint county and municipal development authority. The exceptions to the one mill per dollar tax limitation contained in the proviso of the preceding sentence shall not be construed so as to affect any action pending in court on February 20, 1984; and.

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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 28, 1984. SALARIES AND FEESCOMPENSATION OF SUPERIOR COURT JUDGES AND DISRICT ATTORNEYS. Code Section 45-7-4 Amended. No. 1118 (House Bill No. 1150). 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 officials, so as to change the salary of judges of the superior courts; to change the salary of district attorneys; 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 and allowances of certain state officials, is amended by striking paragraph (20) of subsection (a) of said Code section in its entirety and substituting in lieu thereof a new paragraph (20) to read as follows: (20) Each superior court judge.....54,500.00

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Each superior court judge shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law. Section 2 . Said Code section is further amended by striking paragraph (21) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (21) to read as follows: (21) Each district attorney.....48,000.00 Each district attorney shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law. Section 3 . This Act shall become effective on July 1, 1984. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

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RETIREMENT AND PENSIONSPAYMENT OF SURVIVOR'S BENEFITS TO OTHER THAN SPOUSE. Code Title 47 Amended. No. 1119 (House Bill No. 144). AN ACT To amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to authorize the board of trustees, by rule or regulation, to require that when a beneficiary is a person other than the surviving spouse, the benefits payable to the beneficiary shall be paid within a definite time period after the member's death; to amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement System of Georgia, so as to authorize the board of trustees, by rule or regulation, to require that when a beneficiary is a person other than the surviving spouse, the benefits payable to the beneficiary shall be paid within a definite time period after the member's death; to amend Code Section 47-4-102 of the Official Code of Georgia Annotated, relating to optional benefits under the Public School Employees Retirement System, so as to authorize the board of trustees, by rule or regulation, to require that when a beneficiary is a person other than the surviving spouse, the benefits payable to the beneficiary shall be paid within a definite time period after the member's death; to amend Code Section 47-6-81 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Georgia Legislative Retirement System, so as to authorize the board of trustees, by rule or regulation, to require that when a beneficiary is a person other than the surviving spouse, the benefits payable to the beneficiary shall be paid within a definite time period after the member's death; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new subsection (g) to read as follows:

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(g) Any other provisions of this Code section or of this chapter to the contrary notwithstanding, the board of trustees may, by rule or regulation, require that when a member or a retired member dies and the beneficiary is a person other than the surviving spouse of the member, the benefits payable to the beneficiary shall be paid to the beneficiary within a definite time period immediately following the death of the member or retired member. Section 2 . Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement System of Georgia, is amended by adding at the end thereof a new subsection (j) to read as follows: (j) Any other provisions of this Code section or of this chapter to the contrary notwithstanding, the board of trustees may, by rule or regulation, require that when a member or a retired member dies and the beneficiary is a person other than the surviving spouse of the member, the benefits payable to the beneficiary shall be paid to the beneficiary within a definite time period immediately following the death of the member or retired member. Section 3 . Code Section 47-4-102 of the Official Code of Georgia Annotated, relating to optional benefits under the Public School Employees Retirement System, is amended by adding at the end thereof a new subsection (e) to read as follows: (e) Any other provisions of this Code section or of this chapter to the contrary notwithstanding, the board of trustees may, by rule or regulation, require that when a member or a retired member dies and the beneficiary is a person other than the surviving spouse of the member, the benefits payable to the beneficiary shall be paid to the beneficiary within a definite time period immediately following the death of the member or retired member. Section 4 . Code Section 47-6-81 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Georgia Legislative Retirement System, 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) Any other provisions of this Code section or of this chapter to the contrary notwithstanding, the board of trustees may, by rule or

Page 812

regulation, require that when a member or a retired member dies and the beneficiary is a person other than the surviving spouse of the member, the benefits payable to the beneficiary shall be paid to the beneficiary within a definite time period immediately following the death of the member or retired member. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. GEORGIA POST-MORTEM EXAMINATION ACT AMENDED. Code Title 45, Chapter 16 Amended. No. 1120 (House Bill No. 520). AN ACT To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the Georgia Post-mortem Examination Act, so as to provide that the opinion of the coroner shall be considered by the medical examiner in determining the necessity for an autopsy or dissection; to provide for immediate notification to the coroner of suspicious or unusual deaths; to provide that a deputy coroner may act as a coroner due to the absence of a coroner and may receive compensation for the performance of those duties; to change certain fees of coroners and the method of payment of such fees; to provide that the coroner shall maintain permanent records of his investigations; to change the amount of fines levied against defaulting jurors on coroners's inquests; to change certain fees collected by medical examiners; to authorize a coroner to hire a certified court reporter to record the proceedings of an inquest; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the Georgia Post-mortem Examination Act, is amended by striking subsection (c) of Code Section 45-16-22, relating to the general powers and authority of the Division of Forensic Sciences of the Georgia Bureau of Investigation and the appointment of medical examiners, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) It shall be in the sole discretion of the medical examiner to determine whether or not an autopsy or dissection is required; provided, however, that he shall give due consideration to the opinions of the coroner and the peace officer in charge regarding the requirements of accepted investigation techniques and the rules of evidence applicable thereto. Section 2 . Said article is further amended by striking Code Section 45-16-24, relating to the duty of law enforcement officers and other persons to notify coroners of suspicious or unusual deaths, in its entirety and inserting in lieu thereof a new Code Section 45-16-24 to read as follows: 45-16-24. When any person dies in any county in this state as a result of violence, by suicide or casualty, suddenly when in apparent good health, when unattended by a physician, or in any suspicious or unusual manner, it shall be the duty of any law enforcement officer or other person having knowledge of such death to notify immediately the coroner of the county wherein the body is found or death occurs. Section 3 . Said article is further amended by striking Code Section 45-16-26, relating to persons who may act as a coroner due to the absence of a coroner, in its entirety and inserting in lieu thereof a new Code Section 45-16-26 to read as follows: 45-16-26. When there is no coroner in a county or when he is absent from the county when needed or will not or cannot perform the duties required under this article, the deputy coroner may act as coroner or the judge of the probate court of the county may designate someone to act as coroner. In counties having a coroner with a full-time assistant or assistants paid out of county funds, any such assistant may be designated to act as coroner under this Code section and when so designated shall receive compensation for acting in such capacity.

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Section 4 . Said article is further amended by striking subsection (b) of Code Section 45-16-27, relating to post-mortem examinations, inquests, and coroners's fees, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Coroners shall be entitled to an investigation fee of $75.00 where no jury is impaneled and a fee of $50.00 where a jury is impaneled and shall be paid upon receipt of a monthly statement to the county treasury. A deputy coroner shall receive the same fee as the coroner for the performance of services in place of the coroner and shall be paid upon receipt of a monthly statement to the county treasury. Such fee shall be paid by the county where the inquest is held except in counties where the coroner receives an annual salary, in which case no fee shall be imposed upon the county. Section 5 . Said article is further amended by striking Code Section 45-16-32, relating to reports of post-mortem examinations and investigations, in its entirety and inserting in lieu thereof a new Code Section 45-16-32 to read as follows: 45-16-32. The medical examiners and peace officers in charge shall file in triplicate a report of each post-mortem examination or autopsy and each investigation with the director of the division, who shall assign to the reports an appropriate division file number and return one copy of the post-mortem examination or autopsy report to the medical examiner, return one copy of the investigation report to the peace officer in charge, and forward one copy each of the post-mortem examination or autopsy report and the investigation report to the coroner. The coroner shall maintain permanent records of such reports. In cases where such report indicates a suspicion of foul play, the medical examiner and peace officer in charge shall transmit with their reports any specimens, samples, or other evidence to the division for verification. In cases where reports indicating foul play are verified by the division, the director of the division shall cause additional copies of such verified report to be made and transmitted to the appropriate prosecuting attorney where the acts or events leading to the death occurred. For each investigation made and report filed pursuant to this Code section by a peace officer in charge compensated wholly by fees, the county upon which the expense of a post-mortem examination or autopsy is imposed by this article shall pay to such officer a fee of $10.00. If the peace officer in charge is compensated by a fixed salary or a part-time salary, no such fee shall be imposed upon the county.

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Section 6 . Said article is further amended by striking Code Section 45-16-41, relating to fines levied by the coroner against defaulting jurors, in its entirety and inserting in lieu thereof a new Code Section 45-16-41 to read as follows: 45-16-41. Any juror failing to attend and serve on a coroner's inquest after being duly summoned may be fined by the coroner in a sum not exceeding $100.00 to be levied and collected by execution issued by the coroner unless such defaulting juror shall file in the office of the judge of the probate court a good and sufficient excuse for the default to be judged by the next probate court held thereafter. Section 7 . Said article is further amended by striking Code Section 45-16-46, relating to the obtaining of blood samples from persons who are unable to give their consent, in its entirety and inserting in lieu thereof a new Code Section 45-16-46 to read as follows: 45-16-46. When any person has been admitted to a hospital or morgue as a result of any casualty and for any reason whatsoever is unable to give his consent to the taking of a sample of blood for analytical purposes, the peace officer in charge of the investigation of the circumstances surrounding the casualty may notify a medical examiner for the purpose of obtaining a blood sample to test for the presence of intoxicating substances. The blood may be drawn by the medical examiner or at his direction. The medical examiner or his designee shall be entitled to a fee of $20.00 for performing these services, which fee shall be paid in the same manner as set out in Code Section 45-16-22. The peace officer may also request any licensed physician, registered nurse, or a medical or laboratory technician who draws blood from patients as part of his regular duties to withdraw blood for purposes of this Code section, in which event such person shall incur no civil or criminal liability as a result of the medically proper obtaining of such blood when requested in writing by the peace officer. The medical examiner or the peace officer in charge shall submit the blood specimens to the division for analysis; and a certified report shall be submitted by the division to the submitting officer. Section 8 . Said article is further amended by adding following Code Section 45-16-47, relating to the penalty for a violation of said Article 2, a new Code section, to be designated Code Section 45-16-48, to read as follows:

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45-16-48. A coroner may be authorized to employ, at his discretion, a court reporter who is certified under Article 2 of Chapter 14 of Title 15, `The Georgia Court Reporting Act,' to record the proceedings of any inquest. The cost of acquiring the services of a certified court reporter shall be paid from the funds of the county where the inquest is held. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. WORKERS' COMPENSATIONEMPLOYEE REDEFINED. Code Title 34, Chapter 9 Amended. No. 1121 (House Bill No. 830). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to redefine the term employee to include volunteer law enforcement officers under certain circumstances; to provide for the computation of the average weekly wage of volunteer law enforcement officers; to provide for 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraph (2) of Code Section 34-9-1, relating to definitions, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:

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(2) `Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firemen and policemen whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters. There shall also be included within such term any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, but only for volunteer law enforcement services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel. The various elected county officers of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article.

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Section 2 . Said chapter is further amended by striking paragraph (5) of Code Section 34-9-260, relating to the basis and method for computing compensation generally, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) If the injured employee is a volunteer firefighter included under this chapter for volunteer fire-fighting services rendered to a county or municipality of this state or a volunteer law enforcement officer included under this chapter for volunteer law enforcement services rendered to a county or municipality of this state, such firefighter's or volunteer law enforcement officer's average weekly wage shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately proceding calendar year, as published by the Georgia Department of Labor;. 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 28, 1984. LOCAL GOVERNMENTBUDGET AND AUDIT PROCEDURES CHANGED. Code Title 36, Chapter 81 Amended. Code Section 48-14-3 Amended. No. 1122 (House Bill No. 871). AN ACT To amend Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to requirements for local government budgets

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and audits, so as to change provisions relating to hearings and notices required in connection with the adoption of budgets; to require certain actual and potential liabilities to be stated in audits; to provide for review of audit reports by the state auditor for compliance with audit requirements; to provide for publication of notice of noncompliance with audit requirements; to provide for a waiver of requirements under certain conditions; to delete certain provisions concerning accounting standards; to amend Code Section 48-14-3 of the Official Code of Georgia Annotated, relating to distribution of state funds to counties for public road construction and maintenance, so as to conform the audit requirements of said Code section to those of said Chapter 81 of Title 36 and so as to delete provisions relating to withholding of funds for failure to comply with audit requirements; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to requirements for local government budgets and audits, is amended by striking subsections (e) and (f) of Code Section 36-81-5, relating to preparation and review of budgets, and inserting in their place new subsections (e) and (f) to read as follows: (e) (1) At the time of submission of the budget to the governing authority, a statement advising the residents of the local unit of government of the availability of the budget shall be published in a newspaper of general circulation in the local unit. The statement may also give notice of the time and place of the budget hearing required by subsection (f) of this Code section. The statement shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear. (2) If the statement required by paragraph (1) of this subsection does not give notice of the time and place of the budget hearing, then the statement shall advise the residents of the local unit of government that the budget hearing shall be held at a future date and notice shall be given prior to the budget hearing. This notice shall be published at least seven days before the budget hearing is held and shall comply with the publication requirements of paragraph (1) of this subsection.

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(f) At least one week prior to adoption of the budget ordinance or resolution, the governing authority shall conduct a public hearing, at which time any persons wishing to be heard on the budget may appear. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 36-81-6, relating to adoption and form of budgets, and inserting in its place a new subsection (a) to read as follows: (a) On a date after the conclusion of the hearing required in subsection (f) of Code Section 36-81-5, the governing authority shall adopt a budget ordinance or resolution making appropriations for the fiscal year in such sums as the governing authority may deem sufficient, whether greater or less than the sums presented in the proposed budget. The budget ordinance or resolution shall be adopted at a public meeting which shall be advertised in accordance with the procedures set forth in subsection (e) of Code Section 36-81-5 at least one week prior to the meeting. Section 3 . Said chapter is further amended by striking subsection (b) of Code Section 36-81-7, relating to requirements for local government audits, and inserting in its place new subsection (b) to read as follows: (b) The audits of each local government shall be conducted in accordance with generally accepted auditing standards. Each audit shall also contain a statement of any agreement or arrangement under which the local unit of government has assumed any actual or potential liability for the obligations of any governmental or private agency, authority, or instrumentality. Such statement shall include the purpose of the agreement or arrangement, shall identify the agency, authority, or instrumentality upon whose obligations the unit of local government is or may become liable, and shall state the amount of actual liability and the maximum amount of potential liability of the local government under the agreement or arrangement. To the extent that the state auditor is able to provide comparable auditing services, the governing body may contract with the state auditor. Section 4 . Said chapter is further amended by striking subsections (d), (e), (f), and (g) of Code Section 36-81-7, relating to requirements for local government audits, and inserting in their place new subsections (d), (e), (f), and (g) to read as follows:

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(d) (1) Each annual audit report of a local unit of government shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the unit's fiscal year or, in the case of units provided for in paragraph (2) of subsection (a) of this Code section, within 180 days after the close of each second fiscal year. (2) The state auditor shall review the audit report submitted to his office to ensure that it meets the requirements for audits of local governments. If the state auditor finds the requirements for audits of local governments have not been complied with, the state auditor shall within 60 days of his receipt of the audit notify the governing authority and the auditor who performed the audit and shall submit to them a list of deficiencies to be corrected. A copy of this notification shall also be sent by the state auditor to each member of the General Assembly whose senatorial or representative district includes any part of the unit of local government. (3) If the state auditor has not received any required audit by the date specified in paragraph (1) of this subsection, the state auditor shall within ten days of such date notify the unit of local government that the audit has not been received as required by law. A copy of this notification shall also be sent by the state auditor to each member of the General Assembly whose senatorial or representative district includes any part of the unit of local government. (4) The state auditor, for good cause shown by those local units in which an audit is in the process of being conducted or will promptly be conducted, may waive the requirement for completion of the audit within 180 days. Such waiver shall be for an additional period of not more than 180 days and no such waiver shall be granted for more than two successive years to the same unit of local government. (e) A copy of the report and of any comments made by the state auditor pursuant to paragraph (2) of subsection (d) of this Code section shall be maintained as a public record for public inspection during the regular working hours at the principal office of the local government. Those units of local government not having a principal office shall provide a notification to the public as to the location of and times during which the public may inspect the report.

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(f) Upon a failure, refusal, or neglect to have an annual audit made, or a failure to file a copy of the annual audit report with the state auditor, or a failure to correct auditing deficiencies noted by the state auditor, the state auditor shall cause a prominent notice to be published in the legal organ of, and any other newspapers of general circulation within, the unit of local government. Such notice shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear. Such notice shall be published twice and shall state that the governing authority of the unit of local government has failed or refused, as the case may be, to file an audit report or to correct auditing deficiencies, as the case may be, for the fiscal year or years in question. Such notice shall further state that such failure or refusal is in violation of state law. (g) The state auditor may waive the requirement of correction of auditing deficiencies for a period of one year from the required audit filing date, provided evidence is presented that substantial progress is being made towards removing the cause of the need for the waiver. No such waiver for the same set of deficiencies shall be granted for more than two successive years to the same local government. Section 5 . Said chapter is further amended by striking subsection (a) of Code Section 36-81-8, relating to annual reports on local government finances, and inserting in its place a new subsection (a) to read as follows: (a) Utilizing information contained in audit reports of local governments filed with the state auditor, the report of county or municipal finances filed with the Department of Community Affairs, and other available state or federal information of public record, the Department of Community Affairs shall prepare annually a report on local government finances. The report shall be filed on January 15 of each year, beginning January 15, 1985, with the Governor, the Speaker of the House of Representatives, the President of the Senate, the chairman of the House Ways and Means Committee, the chairman of the House State Planning and Community Affairs Committee, the chairman of the Senate Banking and Finance Committee, and the chairman of the Senate Federal, State, and Community Affairs Committee, as well as with the chief elected official or chief appointed official of each local unit of government upon request.

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Section 6 . Said chapter is further amended by striking in its entirety subsection (d) of Code Section 36-81-8, relating to activities of the Department of Community Affairs concerning local government finances, which reads as follows: (d) Nothing contained in this Code section shall be construed to authorize the Department of Community Affairs to authorize or require uniform accounting standards or procedures. Section 7 . Code Section 48-14-3 of the Official Code of Georgia Annotated, relating to distribution of state funds to counties for public road construction and maintenance, is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) of subsection (b) to read as follows: (b) (1) The governing authority of each county shall submit to the state auditor a copy of its regular annual audit not later than 180 days after the end of the fiscal year for which the audit was made. If an extension of time is granted to a county for the filing of the audit required by Code Section 36-81-7 or the correction of deficiencies in such an audit, then the same extension of time shall apply for purposes of this paragraph. The state auditor shall compare the amount of funds distributed to each county in the year of the audit against the amount of funds expended by the county in that year for the purposes authorized by this Code section. In the event the state auditor determines that the amount so expended in any year is less than the amount distributed, he shall certify the amount of the difference to the fiscal division, which shall deduct and withhold the certified amount from the next funds to be distributed to the underexpending county under this Code section. In the event a county expending less than the amount distributed to it certifies at the time of the submission of its audit or within a reasonable time thereafter that it is accumulating the unexpended funds for a specified allowable purpose and submits proof of the deposit or investment of the funds, the county shall be deemed to have complied with this subsection, except that the amount of the unexpended funds shall be added to the amount of funds distributed to the county in the next succeeding year or years for the purpose of making the comparison and determination provided in this Code section. Upon the request of the Governor or the commissioner of transportation, the state auditor may audit the books and records of each county to verify the accuracy of the

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audits filed with him and to ensure that the expenditure of the funds has been made for the purposes intended. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. GEORGIA FIRE SPRINKLER ACT AMENDED. Code Title 25, Chapter 11 Amended. No. 1123 (House Bill No. 952). AN ACT To amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the Georgia Fire Sprinkler Act, so as to authorize the Georgia Safety Fire Commissioner to enter into reciprocal agreements with other states; to change certain requirements for obtaining a certificate; 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 25 of the Official Code of Georgia Annotated, known as the Georgia Fire Sprinkler Act, is amended by adding at the end of Code Section 25-11-3, relating to the powers and duties of the Commissioner, a new subsection (d) to read as follows: (d) The Commissioner is authorized to enter into a reciprocal agreement with the state fire commissioner or state fire marshal of other states for the waiver of the competency test of any applicant resident in such other jurisdiction, provided that:

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(1) The laws of the other jurisdiction are substantially similar to this chapter; (2) The applicant has no place of business within this state nor is an officer, director, stockholder, or partner in any corporation or partnership doing business in this jurisdiction as a fire protection sprinkler contractor; and (3) A resident of this state in the other jurisdiction is privileged to procure a certificate of competency upon the foregoing conditions and without discrimination as to fees or otherwise in favor of the residents of the other jurisdiction. Section 2 . Said chapter is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 25-11-4, relating to certificates generally, which reads as follows: (3) Submitting to the Commissioner a certification from an appropriate official of another state to the effect that the applicant is currently a certificate holder under the laws of that state, which laws are substantially similar to this chapter, and that such state affords a similar waiver of examination privilege to Georgia certificate holders., and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Whenever a reciprocal agreement has been entered into between this state and another jurisdiction pursuant to subsection (d) of Code Section 25-11-3, submitting to the Commissioner a certification from either the state fire commissioner or state fire marshal of such other jurisdiction that the applicant holds a currently valid certificate of competency in such other jurisdiction. 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 28, 1984.

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MUNICIPAL ELECTIONS AND PRIMARIESCONDUCT OF ELECTIONS BY COUNTIES IN CERTAIN CASES. Code Section 21-3-10 Amended. No. 1124 (House Bill No. 970). AN ACT To amend Code Section 21-3-10 of the Official Code of Georgia Annotated, relating to governing authorities of certain municipalities authorized to allow certain counties to conduct municipal elections, so as to provide for applicability of certain provisions thereof to all municipalities; to change certain designations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 21-3-10 of the Official Code of Georgia Annotated, relating to governing authorities of certain municipalities authorized to allow certain counties to conduct municipal elections, is amended by designating the first paragraph thereof as subsection (a) and the second paragraph thereof as subsection (b) and by striking newly designated subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or all of the functions imposed by this chapter upon the governing authority of such municipality, with reference to any election. Such county, after consultation with the county election superintendent, shall contract with such municipality to provide all those functions imposed by this chapter, which functions such municipality has requested such county to perform. With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such

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county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. PUBLIC SCHOOL EMPLOYEES RETIREMENT FUNDCOMPOSITION OF BOARD OF TRUSTEES CHANGED. Code Section 47-4-22 Amended. No. 1125 (House Bill No. 973). AN ACT To amend Code Section 47-4-22 of the Official Code of Georgia Annotated, relating to membership of the Board of Trustees of the Public School Employees Retirement Fund, so as to change the provisions relative to the composition of the board; to provide for other matters relative thereto; 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 47-4-22 of the Official Code of Georgia Annotated, relating to membership of the board of trustees of the Public School Employees Retirement Fund, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The board shall be composed of all members of the Board of Trustees of the Employees' Retirement System of Georgia and two additional members appointed by the Governor. The first two members appointed by the Governor shall be appointed to take office

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on July 1, 1984. One of such members shall be appointed for an initial term of two years and the other for an initial term of four years and until their successors are appointed and qualified. Thereafter, successors shall be appointed to take office on the date of the expiration of the respective terms of office for terms of four years and until their successors are appointed and qualified. In the event of a vacancy for any reason in the membership of the board appointed by the Governor, the Governor shall appoint a person to fill the vacancy for the unexpired term. Section 2 . The membership of the Board of Trustees of the Public School Employees Retirement System, except for the membership thereof consisting of the membership of the Board of Trustees of the Employees' Retirement System of Georgia, existing on June 30, 1984, shall stand abolished on July 1, 1984. Section 3 . This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law for the administrative purpose of allowing the Governor to consider persons for appointment pursuant to quoted subsection (a) of Section 1 of this Act. This Act shall become effective for all purposes on July 1, 1984. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. GEORGIA FIREMEN'S PENSION FUNDCOMPOSITION OF BOARD OF TRUSTEES CHANGED. Code Section 47-7-20 Amended. No. 1126 (House Bill No. 974). AN ACT To amend Code Section 47-7-20 of the Official Code of Georgia

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Annotated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, so as to change the composition of said board; to provide for the termination of the terms of office of certain incumbent members of the board; to provide for other matters relative thereto; 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 47-7-20 of the Official Code of Georgia Annotated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-7-20 to read as follows: 47-7-20. (a) To carry out this chapter, there is created the Board of Trustees of the Georgia Firemen's Pension Fund. The board shall consist of five members as follows: (1) The Governor or the Governor's designee; (2) The Insurance Commissioner or the Insurance Commissioner's designee; (3) Two active members of the fund appointed by the Governor; and (4) One retired beneficiary of the fund appointed by the Governor. (b) The first members appointed by the Governor pursuant to paragraphs (3) and (4) of subsection (a) of this Code section shall be appointed to take office on July 1, 1984. One of the persons appointed pursuant to paragraph (3) of said subsection (a) and the person appointed pursuant to paragraph (4) of said subsection (a) shall each be appointed for an initial term of two years. The remaining person appointed pursuant to paragraph (3) of said subsection (a) shall be appointed for an initial term of four years. Thereafter, successors shall be appointed by the Governor to take office upon the expiration

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of the respective terms of office for terms of four years. All such members shall serve until their successors are appointed and qualified. In the event of a vacancy during the term of office of any such member, the Governor shall appoint a qualified person to fill such vacancy for the unexpired term. (c) The Georgia State Firemen's Association shall be authorized to submit to the Governor the names of nominees for each position on the board appointed by the Governor pursuant to subsection (b) of this Code section. The Governor, in making such appointments, may consider the nominees submitted by said association, but all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to appoint members of the board from such nominees. (d) Members of the board shall serve without pay but all members of the board shall be reimbursed for all necessary expenses that they may incur through service on the board. Section 2 . The positions of membership on the Board of Trustees of the Georgia Firemen's Pension Fund existing on June 30, 1984, except for the Governor and Insurance Commissioner, shall stand abolished on July 1, 1984. Section 3 . This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law for the administrative purpose of allowing the Governor to consider appointments pursuant to quoted Code Section 47-7-20 of Section 1 of this Act. This Act shall become effective for all purposes on July 1, 1984. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

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UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT. Code Title 44, Chapter 15 Enacted. No. 1127 (House Bill No. 987). AN ACT To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to enact the Uniform Management of Institutional Funds Act establishing guidelines for the management and use of investments held by eleemosynary institutions and funds; to provide authority for the accumulation of income by such institutions and funds; to provide standards for the management of such institutions and funds; to provide for 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 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding a new Chapter 15 to read as follows: CHAPTER 15 44-15-1. This chapter shall be known and may be cited as the `Uniform Management of Institutional Funds Act.' 44-15-2. As used in this chapter, the term: (1) `Endowment fund' means an institutional fund, or any part thereof, not wholly expendable by the institution on a current basis under the terms of the applicable gift instrument. (2) `Gift instrument' means a will, deed, grant, conveyance, agreement, memorandum, writing, or other governing document, including the terms of any institutional solicitation from which an institutional fund resulted, under which property is transferred to or held by an institution as an institutional fund.

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(3) `Governing board' means the body responsible for the management of an institution or of an institutional fund. (4) `Institution' means an incorporated or unincorporated organization organized and operated exclusively for educational, religious, charitable, or other eleemosynary purposes or a governmental organization to the extent that it holds funds exclusively for any of these purposes. (5) `Institutional fund' means a fund held by an institution for its exclusive use, benefit, or purposes, but does not include: (A) A fund held for an institution by a trustee that is not an institution; or (B) A fund in which a beneficiary that is not an institution has an interest, other than possible rights that could arise under violation or failure of the purposes of the fund. 44-15-3. The governing board may accumulate so much of the annual net income of an institutional fund as is prudent under the standard established by Code Section 44-15-7 and may hold any or all of such accumulated income in an income reserve for subsequent expenditure for the uses and purposes for which such institutional fund is established or may add any or all of such accumulated income to the principal of such institutional fund, as is prudent under said standard. This Code section does not limit the authority of the governing board to accumulate income or to add the same to principal of an institutional fund as permitted under other law, the terms of the applicable gift instrument, or the charter of the institution. 44-15-4. Code Section 44-15-3 does not apply if and to the extent that the applicable gift instrument indicates the donor's intention that income of an institutional fund shall not be accumulated or shall not be added to the principal of the fund. A restriction against accumulation or addition to principal may not be implied from a designation of a gift as an endowment fund or from a direction or authorization in the applicable gift instrument to apply to the uses and purposes of the fund the `income,' `interest,' `dividends,' `currently expendable income,' or `rent, issues, or profits' or a direction which contains other words of similar import. This rule of construction applies to gift instruments executed or in effect before or after the effective date of this chapter.

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44-15-5. In addition to any investment otherwise authorized by law or by the applicable gift instrument, and without restriction to investments a fiduciary may make, the governing board, subject to any specific limitations set forth in the applicable gift instrument or in the applicable law other than law relating to investments by a fiduciary, may: (1) Invest and reinvest an institutional fund in any real or personal property deemed advisable by the governing board, whether or not it produces a current return, including mortgages, stocks, bonds, debentures, and other securities of profit or nonprofit corporations, shares in or obligations of associations, partnerships, or individuals, and obligations of any government or subdivision or instrumentality thereof; (2) Retain property contributed by a donor of an institutional fund for as long as the governing board deems advisable; (3) Include all or any part of an institutional fund in any pooled or common fund maintained by the institution; and (4) Invest all or any part of an institutional fund in any other pooled or common fund available for investment, including shares or interests in regulated investment companies, mutual funds, common trust funds, investment partnerships, real estate investment trusts, or similar organizations in which funds are commingled and investment determinations are made by persons other than the governing board. 44-15-6. Except as otherwise provided by the applicable gift instrument or by applicable law relating to governmental institutions or funds, the governing board may: (1) Delegate to its committees, officers or employees of the institution or the fund, or agents, including investment counsel, the authority to act in place of the board in investment and reinvestment of institutional funds; (2) Contract with independent investment advisors, investment counsel, or managers, banks, or trust companies, so to act; and

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(3) Authorize the payment of compensation for investment advisory or management services. 44-15-7. In the administration of the powers to accumulate income, to make and retain investments, and to delegate investment management of institutional funds, members of a governing board shall exercise ordinary business care and prudence under the facts and circumstances prevailing at the time of the action or decision. In so doing they shall consider long and short-term needs of the institution in carrying out its educational, religious, charitable, or other eleemosynary purposes, its present and anticipated financial requirements, expected total return on its investments, price-level trends, and general economic conditions. 44-15-8. This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact the `Uniform Management of Institutional Funds Act.' Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. WILLS AND CODICILSSELF-PROVEDPROBATE. Code Title 53, Chapters 2 and 3 Amended. No. 1128 (House Bill No. 1022). AN ACT To amend Title 53 of the Official Code of Georgia Annotated,

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relating to wills, trusts, and administration of estates, so as to provide that a will or codicil may be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses; to provide for the effect of making a will or codicil self-proved upon proceedings for probate in common form and proceedings for probate in solemn form; 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 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended by striking in its entirety Code Section 53-2-5, relating to codicils and their execution, and inserting in its place a new Code Section 53-2-5 to read as follows: 53-2-5. (a) A codicil is an addition or supplement to a will which adds to, takes from, or alters the provisions of the will. It shall be executed with the same formality as a will. When admitted to probate, a codicil shall form a part of the will. (b) At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a codicil may be made self-proved and the testimony of the witnesses in the probate thereof may be made unnecessary by the affidavits of the testator and the attesting witnesses made before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths under the laws of this state. The affidavit and certificate provided in subsection (c) of this Code section shall be the only prerequisite of a self-proved codicil. (c) The affidavit shall be evidenced by a certificate, with official seal affixed, of such officer attached or annexed to the codicil in form and contents substantially as follows:

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(d) A self-proved codicil may be admitted to probate without the testimony of any subscribing witness, but otherwise it shall be treated no differently than a codicil not self-proved. In particular and without limiting the generality of the foregoing sentence, a selfproved codicil may be contested, revoked, or amended in exactly the same fashion as a codicil not self-proved.

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Section 2 . Said title is further amended by inserting between Code Sections 53-2-40 and 53-2-41 a new Code Section 53-2-40.1 to read as follows: 53-2-40.1. (a) At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a will may be made self-proved and the testimony of the witnesses in the probate thereof may be made unnecessary by the affidavits of the testator and the attesting witnesses made before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths under the laws of this state. The affidavit and certificate provided in subsection (b) of this Code section shall be the only prerequisite of a self-proved will. (b) The affidavit shall be evidenced by a certificate, with official seal affixed, of such officer attached or annexed to the will in form and contents substantially as follows:

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(c) A self-proved will may be admitted to probate without the testimony of any subscribing witness, but otherwise it shall be treated no differently than a will not self-proved. In particular and without limiting the generality of the foregoing sentence, a self-proved will may be contested, revoked, or amended by a codicil in exactly the same fashion as a will not self-proved. Section 3 . Said title is further amended by adding at the end of Code Section 53-3-9, relating to probate in common form, a new subsection (c) to read as follows: (c) If a will or codicil is self-proved, compliance with signature requirements for execution is presumed and other requirements for execution are presumed for such instrument without the testimony of any subscribing witness. Section 4 . Said title is further amended by adding at the end of Code Section 53-3-13, relating to probate in solemn form, a new subsection (c) to read as follows: (c) If a will or codicil is self-proved, compliance with signature requirements and other requirements of execution is presumed for such instrument subject to rebuttal without the necessity of the

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testimony of any witness upon filing the will or codicil and the affidavit and certificate annexed or attached thereto. 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 28, 1984. INSURANCEMOTOR VEHICLE LIABILITY POLICIESCERTAIN COVERAGES INCREASED. Code Section 33-7-11 Amended. No. 1129 (House Bill No. 1025). AN ACT To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to certain requirements of motor vehicle liability policies and coverage of claims against uninsured motorists, so as to increase certain coverages in motor vehicle liability insurance policies; to provide for applicability; to change certain procedures relating to penalties and attorney's fees; to provide for 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 certain requirements of motor vehicle liability policies and coverage of claims against uninsured motorists, is amended by striking in its entirety subparagraph (a)(1)(A) of said Code section and inserting in lieu thereof a new subparagraph (A) to read as follows:

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(A) Not less than $15,000.00 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $30,000.00 because of bodily injury to or death of two or more persons in any one accident, and $10,000.00 because of injury to or destruction of property of the insured; . Section 2 . Said Code section is further amended by striking in its entirety paragraph (2) of subsection (d) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) A motor vehicle shall not be deemed to be an uninsured motor vehicle within the meaning of this Code section when the owner or operator of such motor vehicle has deposited security, pursuant to Code Section 40-9-32, in the amount of $15,000.00 where only one person was injured or killed, $30,000.00 where more than one, or $10,000.00 for property damage. Section 3 . Said Code section is further amended by striking in its entirety subsection (j) thereof and inserting in lieu thereof a new subsection (j) to read as follows: (j) If the insurer shall refuse to pay any insured any loss covered by this Code section within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith, the insurer shall be liable to the insured in addition to any recovery under this Code section for not more than 25 percent of the recovery and all reasonable attorney's fees for the prosecution of the case under this Code section. The question of bad faith, the amount of the penalty, if any, and the reasonable attorney's fees, if any, shall be determined in a separate action filed by the insured against the insurer after a judgment has been rendered against the uninsured motorist in the original tort action. The attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of the services, based on the time spent and legal and factual issues involved, in accordance with prevailing fees in the locality where the action is pending. The trial court shall have the discretion, if it finds such jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend such portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this paragraph in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of the attorney in the action against the insurer.

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Section 4 . This Act shall become effective January 1, 1985, and shall apply to all motor vehicle liability insurance policies issued, delivered, or renewed in this state on or after January 1, 1985, except that Section 3 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without the Governor's approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. LAKE LANIER ISLANDS DEVELOPMENT AUTHORITYEXEMPTION OF CERTAIN PURCHASES FROM SALES AND USE TAX. Code Section 12-3-339 Amended. No. 1130 (House Bill No. 1026). AN ACT To amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to exempt property purchased by the authority for use exclusively by the authority from sales and use taxation; to provide for related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, is amended by striking Code Section 12-3-339, relating to exemptions from taxation and assessment, and inserting in its place a new Code section to read as follows:

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12-3-339. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption provided in this Code section shall include an exemption from state and local sales and use tax on property purchased by the authority for use exclusively by the authority. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. DISTRICT ATTORNEYSLAW RELATING TO DUTY TO COLLECT FINES AND FORFEITURES REPEALED. Code Title 15, Chapters 18 and 21 Amended. No. 1131 (House Bill No. 1037). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to remove the provisions requiring or relating

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to the collection of fines and forfeitures by district attorneys; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking from Code Section 15-18-6, relating to the duties of district attorneys, paragraph (7) thereof, which reads as follows: (7) To collect all moneys arising from fines and forfeited recognizances and all costs on criminal cases when paid into court before judgment, and not otherwise; and at the fall term of each court, every year, to settle with the county treasurer and pay over to him all moneys due him according to law, after a fair and full settlement; , in its entirety and substituting in lieu thereof the following: (7) Reserved; Section 2 . Said Code title is further amended by striking subsection (a) of Code Section 15-21-2, relating to payment into the county treasury of fines and forfeitures, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The clerks of the several courts 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. Section 3 . Said Code title is further amended by striking Code Section 15-21-4, relating to distribution of fines and forfeitures, in its entirety and substituting in lieu thereof a new Code Section 15-21-4 to read as follows: 15-21-4. All monkeys arising from fines and forfeitures shall, at each term of the court, be distributed by the clerk of the court under order of the court to such persons and according to the priorities prescribed by law; and upon failure to do so, the clerk shall be subject to a rule at the instance of any party aggrieved.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. REAL ESTATE BROKERS AND SALESPERSONSLICENSING REQUIREMENTS CHANGED. Code Title 43, Chapter 40 Amended. No. 1132 (House Bill No. 1059). 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 qualifications for licensees; to delete the requirement of licenses for branch offices; to delete certain references to branch offices; to change provisions for grounds for refusal to grant licenses; to provide that a sanction by the commission or a similar commission of another state or foreign country may be a sufficient ground for refusal of a license; to provide for compliance with local business ordinances; to provide for the responsibility of brokers for affiliated licensees; to provide for agreements between brokers with regard to the transfer of licensees; to provide procedures for notice and hearings; to provide for service of notices upon the real estate commissioner; to provide for editorial revision; 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 amended by striking paragraph (5) of subsection (a) of Code Section 43-40-8, relating to qualifications of licensees, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:

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(5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons after completing the requirements of paragraph (4) of this subsection. Section 2 . Said chapter is further amended by striking paragraph (6) of subsection (b) of Code Section 43-40-8, relating to qualifications of licensees, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons after completing the requirements of paragraph (5) of this subsection and after serving at least two years of active licensure. Section 3 . Said chapter is further amended by striking Code Section 43-40-11, relating to forms and display of licenses, in its entirety and inserting in lieu thereof a new Code Section 43-40-11 to read as follows: 43-40-11. The commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the commission. The license of each real estate salesperson and associate broker shall be delivered or mailed to the real estate broker for whom the real estate salesperson or associate broker is acting as an associate broker or salesperson and shall be kept in the custody and control of such broker. It shall be the duty of each broker to display his own license conspicuously and those of his associate brokers and salespersons in his place of business. The commission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensed real estate broker or a licensed real estate associate broker or salesperson, as the case may be. Section 4 . Said chapter is further amended by striking subsections (c) and (d) of Code Section 43-40-12, relating to license fees, and inserting in lieu thereof new subsections (c) and (d) of said Code section to read as follows: (c) Prior to the issuance of an original license, each applicant who has passed the examination required by Code Section 43-40-8 and each corporation and partnership shall pay an activation fee in advance. All licenses shall be issued biennially and shall be renewed

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as of January 1 of each even-numbered year. After the issuance of the first license to an applicant, such license shall cover the remaining period of the biennium. All licenses will expire at midnight on the thirty-first day of December in each odd-numbered year. (d) The biennial license renewal fees according to this chapter shall be due and payable as follows: application and fees for real estate broker, associate broker, and salesperson shall be filed on or before September 1 prior to the expiration of said license at midnight on December 31 of the licensing biennial period. A license fee for renewal may be filed after September 1 by paying a late renewal fee on or before December 31 of the biennial licensing period. All fees shall be deposited into the state treasury for the expenses of the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter. A license not renewed in accordance with this subsection shall be viewed as lapsed. Section 5 . Said chapter is further amended by striking Code Section 43-40-15, relating to granting and revocation of licenses, in its entirety and inserting in lieu thereof a new Code Section 43-40-15 to read as follows: 43-40-15. (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission may deny a license to a corporation or partnership if a stockholder or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integrity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been sanctioned by any legally constituted regulatory agency for violating a law regulating the sale of real estate. (b) Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a license.

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(c) Where an applicant or licensee has made a false statement of material fact on his application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the license. (d) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license. (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. (f) If a licensee: (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. (g) Where an applicant has been sanctioned by the commission or by a similar commission of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of a license. Section 6 . Said chapter is further amended by striking Code Section 43-40-18, relating to requirements as to managers of branch offices, in its entirety and inserting in lieu thereof a new Code Section 43-40-18 to read as follows:

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43-40-18. (a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however, that no provision of this subsection shall be construed as altering the provisions of Code Section 48-13-6. (b) A real estate broker or qualifying broker shall be held responsible for any licensee whose license is affiliated with him or his firm should such licensee violate any of the provisions of this chapter and its attendant rules and regulations. Whenever an affiliate licensee violates a provision of this chapter in contravention of the broker's or qualifying broker's written policies or instructions, the broker shall not be responsible for those acts of the affiliate licensee. Whenever the commission may find it necessary to sanction a broker or qualifying broker for responsibility for the actions of an affiliate licensee in violating the provisions of this chapter or its rules and regulations, the commission shall determine the severity of that sanction after considering whether the broker or qualifying broker: (1) Had reasonable procedures in place for supervising the affiliate's actions; (2) Knew of the violation and failed to attempt to prevent it; (3) Participated in the violation; or (4) Ratified the violation. No provision of this subsection shall be construed as altering the provisions of Code Section 43-40-30.1. Section 7 . Said chapter is further amended by adding at the end of Code Section 43-40-19, relating to notification to the commission upon change of place of business by a broker, two new subsections, to be designated subsections (d) and (e), to read as follows: (d) A licensee transferring to a new broker may continue to act as a licensee for the former broker with regard to transactions begun prior to the transfer, provided: (1) Both brokers agree in writing to the licensee's actions on behalf of the former broker;

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(2) The transactions on which the licensee will act on behalf of the former broker are enumerated in the written agreement between the brokers; (3) The former broker agrees in writing to assume full responsibility for the licensee's activities in the enumerated transactions; and (4) The written agreement expresses the terms under which the licensee shall be compensated by the former broker. (e) A salesperson shall not act as a licensee for any broker other than the broker holding the salesperson's license except as provided in subsection (d) of this Code section. Section 8 . Said chapter is further amended by striking subsections (e), (f), (g), and (h) of Code Section 43-40-20, relating to requirement of a trust or escrow checking account for real estate business, in their entirety and inserting in lieu thereof the following: (e) A broker shall not be entitled to any part of the earnest money or other money paid to him in connection with any real estate transaction as part or all of his commission or fee until the transaction has been consummated or terminated. (f) Any licensed real estate broker or salesman, acting in the capacity of principal in the sale of interests in real estate owned by him, shall deposit in a trust account in a state bank or trust company or any foreign bank which authorizes the Commission to examine its records of such deposits those parts of all payments received on contracts which are necessary to meet any amounts concurrently due and payable on any existing mortgages, contracts for deed or other conveyancing instruments, reserves for taxes and insurance, or any other encumbrance on such receipts. Such deposits shall be maintained until disbursement is made under the terms of the encumbrance pertaining thereto and proper accounting on such property is made to the parties entitled thereto. (g) 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

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meets the requirements of any rules which the commission may establish regarding the maintenance of such accounts. Section 9 . Said chapter is further amended by striking paragraph (17) of subsection (a) of Code Section 43-40-25, relating to violations of licensees, schools, and instructors, and inserting in lieu thereof a new paragraph (17) to read as follows: (17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured his license under this chapter or is not cooperating as a nonresident who is licensed in his state or foreign country 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 licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death; . Section 10 . Said chapter is further amended by striking Code Section 43-40-26, relating to hearings before the commission and judicial review, in its entirety and inserting in lieu thereof a new Code Section 43-40-26 to read as follows: 43-40-26. (a) Before the commission shall censure a licensee or before revoking or suspending a license, it shall provide for a hearing for such holder of a license in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (b) If any licensee or applicant fails to appear at any hearing after reasonable notice, the commission 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 proposed decision, or final decision of the commission in a disciplinary proceeding shall be served upon the licensee or applicant by personal service or by certified mail, return receipt requested, to the last known address of record with the commission. If such material is returned marked `unclaimed' or `refused' or is undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such licensee or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the licensee or applicant.

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(c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. PUBLIC OFFICERS AND EMPLOYEESDISCLOSURE STATEMENTS OF PROFESSIONAL SERVICES FEESCOPIES TO ATTORNEY GENERAL. Code Section 45-7-72 Amended. No. 1133 (House Bill No. 1102). AN ACT To amend Code Section 45-7-72 of the Official Code of Georgia Annotated, relating to copies of statements disclosing professional services fees paid by state agencies, so as to delete certain provisions regarding copies of statements; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 45-7-72 of the Official Code of Georgia Annotated, relating to copies of statements disclosing professional services fees paid by state agencies, is amended by striking in its entirety said Code section and inserting in lieu thereof a new Code Section 45-7-72 to read as follows:

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45-7-72. A copy of each statement or report, referred to in Code Section 45-7-71, of any authority or state agency in which a fee or expense paid to a consultant or member of a profession is identified and reported shall be provided to the Attorney General and the state auditor unless such statement or report is otherwise required by law to be provided to the Attorney General or the state auditor. Section 2 . This Act shall become effective upon its approval by 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 28, 1984. SUPERIOR COURTSSOUTHERN JUDICIAL CIRCUITCOUNTY SUPPLEMENTS TO JUDGES' SALARIES. No. 1134 (House Bill No. 1106). AN ACT To amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended by an Act approved February 2, 1961 (Ga. L. 1961, p. 41), an Act approved April 4, 1963 (Ga. L. 1963, p. 346), and an Act approved March 16, 1983 (Ga. L. 1983, p. 753), so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . An Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended by an Act approved February 2, 1961 (Ga. L. 1961, p. 41), an Act approved April 4, 1963 (Ga. L. 1963, p. 346), and an Act approved March 16, 1983 (Ga. L. 1983, p. 753), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. Each of the judges of the Superior Courts of the Southern Judicial Circuit shall receive, in addition to any compensation, allowances, benefits, funds, or moneys of any kind received by such judge from the state, a supplement in compensation in the amount of $8,400.00 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 to each of said judges 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; and Thomas County, $2,016.00 per annum. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1984 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.

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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 Quitman Free Press which is the official organ of Brooks County, on the following date: December 22, 1984. /s/ Robert L. Patten Representative, 149th District Sworn to and subscribed before me, this 13th day of January, 1984. /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 1984 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.

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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 Thomasville Times-Enterprise which is the official organ of Thomas County, on the following date: December 22, 1983. /s/ Robert L. Patten Representative, 149th District Sworn to and subscribed before me, this 13th day of January, 1984. /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 1984 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 December, 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 date: December 23, 1983. /s/ Robert L. Patten Representative, 149th District Sworn to and subscribed before me, this 13th day of January, 1984. /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 1984 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.

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This 12th day of December, 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 Valdosta Daily Times which is the official organ of Echols County, on the following date: December 23, 1983. /s/ Robert L. Patten Representative, 149th District Sworn to and subscribed before me, this 13th day of January, 1984. /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 1984 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 December, 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 Moultrie Observer which is the official organ of Colquitt County, on the following date: December 21, 1983. /s/ Robert L. Patten Representative, 149th District Sworn to and subscribed before me, this 13th day of January, 1984. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 28, 1984.

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LANDLORD AND TENANTSUPPLEMENTATION OF RECORD ON APPEALS IN DISPOSSESSORY PROCEEDINGS. Code Section 44-7-56 Amended. No. 1135 (House Bill No. 1111). AN ACT To amend Code Section 44-7-56 of the Official Code of Georgia Annotated, relating to appeals of judgments in dispossessory proceedings, so as to provide that after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as part of the order of the judge in that 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 . Code Section 44-7-56 of the Official Code of Georgia Annotated, relating to appeals of judgments in dispossessory proceedings, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 44-7-56 to read as follows: 44-7-56. Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall remain in possession of the premises; provided, however, that the tenant shall be required to pay rent into the registry of the trial court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal. 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 28, 1984. MUNICIPAL ELECTIONS AND PRIMARIESREGISTRARS REQUIRED TO PURGE LIST OF ELECTORS. Code Section 21-3-133 Amended. No. 1136 (House Bill No. 1158). AN ACT To amend Code Section 21-3-133 of the Official Code of Georgia Annotated, relating to the purging of the list of electors by municipalities maintaining their own registration system, so as to require municipal registrars to purge the list of electors every two 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 21-3-133 of the Official Code of Georgia Annotated, relating to the purging of the list of electors by municipalities maintaining their own registration system, is amended by striking paragraph (1) of subsection (a) of said Code section in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Every two years the registrar shall examine the list of electors and remove therefrom any electors that have not voted in at least one general or special election or primary in the preceding three years or have not specifically requested a continuation of their registration. However, no elector shall be removed from the list of electors for failure to vote in the preceding three years unless the

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municipality has conducted at least two general elections during such preceding three-year period;. Section 2 . This Act shall become effective upon its approval by 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 28, 1984. EMPLOYMENT SECURITY LAW AMENDED. Code Title 34, Chapter 8 Amended. No. 1137 (House Bill No. 1171). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, so as to extend the exclusion of aliens regarding coverage for agricultural purposes; to set a tax rate for new employers; to establish a new standard rate; to provide for reduction of rates regarding the beginning rate; to increase the maximum deficit tax rate; to provide for denial of benefits to professional and nonprofessional employees of educational institutions during an established and customary vacation or holiday and any employees of an educational service agency who perform services for an educational institution, between academic years or terms, and during an established vacation period or holiday recess; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, is amended by striking in their entirety subparagraphs (n)(1)(A) and (B) of Code Section 34-8-40, relating to the definition of the term employment, and inserting in lieu thereof new subparagraphs (A) and (B) to read as follows: (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, 1986, 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, 1986, 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 Code Section 34-8-121, which reads as follows: 34-8-121. (a) Each employer shall pay contributions equal to the following percentages of wages payable by him with respect to employment: (1) Three and six-tenths percent with respect to employment for the six-month period beginning July 1, 1937, provided that, if the total of any employer's contributions at such 3.6 percent rate equals less than 1.8 percent of the annual payroll of such employer for the calendar year 1937, such employer shall pay, not later than January 15, 1938, an additional lump sum contribution with respect to employment for such six-month period beginning July 1, 1937, equal to the difference between 1.8 percent of his annual payroll for the calendar year 1937 and the total of his contributions at such 3.6 percent rate for such six-month period beginning July 1, 1937; provided, however, that the total of any employer's contributions at such 3.6 percent rate for such six-month

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period beginning July 1, 1937, shall not exceed 1.8 percent of his annual payroll for the calendar year 1937; (2) Two and seven-tenths percent with respect to employment during the calendar years 1938, 1939, and 1940; and (3) Two and seven-tenths percent of wages paid by him during the year 1941, and during each calendar year thereafter, with respect to employment occurring after December 31, 1940, except as provided in Code Section 34-8-123. (b) A private, nonprofit institution of higher education shall pay contributions at a rate of 1 percent of its taxable payroll unless such an institution does not elect to make payments in lieu of contributions in accordance with Code Section 34-8-123. This contribution rate of 1 percent will continue until such time as an institution is eligible for an employment experience rating computation as provided in Code Section 34-8-122. Any private, nonprofit institution of higher education that becomes an employer and subject to this chapter after January 1, 1974, and elects to pay contributions shall pay such contributions at a rate of 2.7 percent of its taxable payroll and will continue to pay at such rate until such time as it is eligible for an employment experience rating computation as provided in Code Section 34-8-122., and inserting in lieu thereof a new Code Section 34-8-121 to read as follows: 34-8-121. Each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages payable by him with respect to employment during each calendar year until he is eligible for a rate calculation based on his experience as defined in this chapter, except as provided in Code Section 34-8-123. Section 3 . Said chapter is further amended by striking in its entirety subsection (e) of Code Section 34-8-122, relating to the determination of rate of employer contributions in certain cases, and inserting in lieu thereof a new subsection (e) to read as follows: (e) The standard rate of contribution shall be 5.4 percent. The standard rate of contribution is the rate from which variations therefrom are computed in subsection (h) of this Code section.

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Section 4 . Said chapter is further amended by striking in its entirety subsection (f) of Code Section 34-8-122, relating to the determination of rate of employer contributions in certain cases, and inserting in lieu thereof a new subsection (f) to read as follows: (f) No employer's rate shall be reduced below 2.7 percent for any calendar year, except as provided in this Code section, unless and until his account could have been chargeable with benefit payments throughout the 36 consecutive calendar months ending on the computation date for that calendar year, except that for the calendar year 1955 and for each calendar year thereafter, an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.7 percent if his account could have been chargeable with benefit payments throughout a lesser period, but in no event less than the four consecutive calendar quarters ending on the computation date for that calendar year. Section 5 . Said chapter is further amended by striking in its entirety subsection (h) of Code Section 34-8-122, relating to determination of rate of employer contributions in certain cases, which reads as follows: (h) Variations from the standard rate of contributions shall be determined in accordance with the following requirements: If the total of an employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date exceeds the total benefits which were charged to his account and paid on or before the computation date, his contribution rate for the ensuing calendar year shall be determined by dividing such excess by his average annual payroll and applying the resulting percentage to the following rate table, which shall apply beginning with the computation date, December 31, 1971, and each computation date thereafter as shown: RATE TABLE If the excess percentage on: June 30, 1973 June 30, 1974 or June 30 of subsequent years Equals or Exceeds But Is Less Than Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.00 0.93 0.00 0.86 2.16 0.93 1.27 0.86 1.17 2.08 1.27 1.61 1.17 1.48 2.00 1.61 1.95 1.48 1.79 1.92 1.95 2.28 1.79 2.10 1.84 2.28 2.62 2.10 2.41 1.76 2.62 2.96 2.41 2.72 1.68 2.96 3.30 2.72 3.04 1.60 3.30 3.64 3.04 3.35 1.52 3.64 3.97 3.35 3.65 1.44 3.97 4.31 3.65 3.97 1.36 4.31 4.66 3.97 4.29 1.28 4.66 5.00 4.29 4.60 1.20 5.00 5.34 4.60 4.91 1.12 5.34 5.67 4.91 5.22 1.04 5.67 6.01 5.22 5.53 0.96 6.01 6.35 5.53 5.84 0.88 6.35 6.69 5.84 6.15 0.80 6.69 7.03 6.15 6.47 0.72 7.03 7.36 6.47 6.77 0.64 7.36 7.70 6.77 7.08 0.56 7.70 8.04 7.08 7.40 0.48 8.04 8.38 7.40 7.71 0.40 8.38 8.72 7.71 8.02 0.32 8.72 9.05 8.02 8.33 0.24 9.05 9.39 8.33 8.64 0.16 9.39and over 8.64 and over 0.08 RATE TABLE If the excess percentage on: Equals or Exceeds But Is Less Than Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.0 1.1 0.00 1.01 2.16 1.1 1.5 1.01 1.38 2.08 1.5 1.9 1.38 1.75 2.00 1.9 2.3 1.75 2.12 1.92 2.3 2.7 2.12 2.48 1.84 2.7 3.1 2.48 2.85 1.76 3.1 3.5 2.85 3.22 1.68 3.5 3.9 3.22 3.59 1.60 3.9 4.3 3.59 3.96 1.52 4.3 4.7 3.96 4.32 1.44 4.7 5.1 4.32 4.69 1.36 5.1 5.5 4.69 5.06 1.28 5.5 5.9 5.06 5.43 1.20 5.9 6.3 5.43 5.80 1.12 6.3 6.7 5.80 6.16 1.04 6.7 7.1 6.16 6.53 0.96 7.1 7.5 6.53 6.90 0.88 7.5 7.9 6.90 7.27 0.80 7.9 8.3 7.27 7.64 0.72 8.3 8.7 7.64 8.00 0.64 8.7 9.1 8.00 8.37 0.56 9.1 9.5 8.37 8.74 0.48 9.5 9.9 8.74 9.11 0.40 9.9 10.3 9.11 9.48 0.32 10.3 10.7 9.48 9.84 0.24 10.7 11.1 9.84 10.21 0.16 11.1 and over 10.21 and over 0.08 Notwithstanding the above table: (1) If the excess percentage on June 30, 1975, or June 30 of subsequent years equals or exceeds 8.64 but is less than 8.95, the contribution rate is.08 percent; (2) If the excess percentage on June 30, 1975, or June 30 of subsequent years equals or exceeds 8.95, the contribution rate is.04 percent. Effective with the computation date December 31, 1962, and ending with the computation date June 30, 1977, the contribution rate of an employer whose contribution rate for calendar year 1971 and prior years was 2.7 percent or more or whose contribution rate for calendar year 1972 and subsequent years was 2.16 percent or more and who has a deficit reserve balance (total of all benefits charged

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exceeds total of all contributions paid) as of such computation date shall be computed either on the basis of his total prior experience record as of the computation date or on the basis of his experience record for the three-year period ending on the computation date, whichever is more advantageous to such employer; provided, further, when an employer's rate is computed based on his experience during the three-year period ending on the computation date the record of such employer covering experience prior to such three-year period shall be void with respect to all future computations; provided, further, if the total deficit of such employer is less than $500.00 or is less than the deficit percentage of his average annual payroll as shown on the first line of the appropriate table depending on the computation date, such employer's contribution rate shall be 2.16 percent. If the total deficit of such employer is $500.00 or more and equals or exceeds the deficit percentage of his average annual payroll as shown on the first line of the appropriate table depending on the computation date, such employer's contribution rate shall be taken from the corresponding table. If the total of an employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date is less than the total benefits which were charged to his account and paid on or before the computation date, his contribution rate for the ensuing calendar year shall be determined by dividing such deficit by his average annual payroll and applying the resulting percentage to the following rate table, which shall apply beginning with the computation date, June 30, 1978, and each computation date thereafter as shown: RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage on: December 31, 1971 December 31, 1972 Equals or Exceeds But Is Less Than Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) Under 3.1 Under 2.85 2.16 3.1 3.8 2.85 3.50 2.24 3.8 4.2 3.50 3.86 2.32 4.2 4.6 3.86 4.23 2.40 4.6 5.0 4.23 4.60 2.48 5.0 5.4 4.60 4.97 2.56 5.4 5.8 4.97 5.34 2.64 5.8 6.2 5.34 5.70 2.72 6.2 6.6 5.70 6.07 2.80 6.6 7.0 6.07 6.44 2.88 7.0 7.4 6.44 6.81 2.96 7.4 7.8 6.81 7.18 3.04 7.8 8.2 7.18 7.54 3.12 8.2 8.6 7.54 7.91 3.20 8.6 9.0 7.91 8.28 3.28 9.0 and over 8.28 and over 3.36 RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage on: June 30, 1973 June 30, 1974 or June 30 of subsequent years Equals or Exceeds But Is Less Than Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) Under 2.62 Under 2.41 2.16 2.62 3.22 2.41 2.96 2.24 3.22 3.55 2.96 3.27 2.32 3.55 3.89 3.27 3.58 2.40 3.89 4.23 3.58 3.89 2.48 4.23 4.57 3.89 4.20 2.56 4.57 4.91 4.20 4.52 2.64 4.91 5.24 4.52 4.82 2.72 5.24 5.58 4.82 5.13 2.80 5.58 5.92 5.13 5.45 2.88 5.92 6.27 5.45 5.77 2.96 6.27 6.61 5.77 6.08 3.04 6.61 6.94 6.08 6.38 3.12 6.94 7.28 6.38 6.70 3.20 7.28 7.62 6.70 7.01 3.28 7.62 and over 7.01 and over 3.36, and inserting in lieu thereof a new subsection (h) to read as follows: (h) Variations from the standard rate of contributions shall be determined in accordance with the following requirements: (1) If the total of an employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date exceeds the total benefits which were charged to his account and paid on or before the computation date, his contribution rate for the ensuing calendar year shall be determined by dividing such excess by his average annual payroll and applying the resulting percentage to the following rate table as shown: RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS If the excess percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.00 0.86 2.16 0.86 1.17 2.08 1.17 1.48 2.00 1.48 1.79 1.92 1.79 2.10 1.84 2.10 2.41 1.76 2.41 2.72 1.68 2.72 3.04 1.60 3.04 3.35 1.52 3.35 3.65 1.44 3.65 3.97 1.36 3.97 4.29 1.28 4.29 4.60 1.20 4.60 4.91 1.12 4.91 5.22 1.04 5.22 5.53 0.96 5.53 5.84 0.88 5.84 6.15 0.80 6.15 6.47 0.72 6.47 6.77 0.64 6.77 7.08 0.56 7.08 7.40 0.48 7.40 7.71 0.40 7.71 8.02 0.32 8.02 8.33 0.24 8.33 8.64 0.16 8.64 8.95 0.08 8.95 and over 0.04 (2) If the total of an employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date is less than the total benefits which were charged to his account and paid on or before the computation date, his contribution rate for the ensuing calendar year shall be determined by dividing such deficit by his average annual payroll and applying the resulting percentage to the following rate table as shown: RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.0 0.5 2.2 0.5 1.5 2.4 1.5 2.5 2.6 2.5 3.5 2.8 3.5 4.5 3.0 4.5 5.5 3.2 5.5 6.5 3.4 6.5 7.5 3.6 7.5 8.5 3.8 8.5 9.5 4.0 9.5 10.5 4.2 10.5 11.5 4.4 11.5 12.5 4.6 12.5 13.5 4.8 13.5 14.5 5.0 14.5 15.5 5.2 15.5 and over 5.4 Section 6 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-8-152, relating to the determination of eligibility for benefits of persons performing certain services, which reads as follows: (a) (1) 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; except that benefits based on service in an instructional, research, or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms. (2) 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, however, that for weeks of unemployment beginning after December 31, 1977, with respect to services performed in an instructional, research, or principal administrative capacity for a public or nonprofit educational institution, benefits shall not be paid based on such services for any week of unemployment commencing during the period between two successive

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academic years or terms or when an agreement provides instead for a similar period between two regular but not successive terms or during a period of paid sabbatical leave provided for in the individual's contract to any individual if such individual performs such services in the first of such academic years or terms and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any public or nonprofit educational institution in the second of such academic years or terms; provided, further, that paragraph (1) of this subsection shall apply with respect to such services prior to January 1, 1978. (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. (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., and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) 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: (1) Except as otherwise provided in this Code section, with respect to services performed in an instructional, research, principal administrative, or any other capacity for a public or nonprofit educational institution, benefits shall not be paid based on such services for any week of unemployment commencing during the period between two successive academic years or terms or when an agreement provides instead for a similar period between two regular but not successive terms or during a period of paid sabbatical leave provided for in the individual's contract to any individual if such individual performs such services in the first of such academic years or terms and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any public or nonprofit educational institution in the second of such academic years or terms; (2) If compensation is denied to an individual in any other capacity under paragraph (1) of this subsection for any week 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 paragraph (1) of this subsection; (3) Except as otherwise provided in this Code section, with respect to any services described in paragraph (1) of this subsection, benefits shall not be paid to any individual for any week of unemployment commencing during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess; and (4) Except as otherwise provided in this Code section with respect to any services described in paragraph (1) of this subsection, benefits shall not be paid as specified in paragraphs (1) and

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(3) of this subsection to any individual for any week of unemployment if such individual performs such services in a public or nonprofit educational institution while in the employ of any educational service agency; and for this purpose, the term `educational service agency' shall mean a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more public or nonprofit educational institutions; provided, however, paragraph (2) of this subsection shall be equally applicable to all such employees. 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 28, 1984. LOCAL HOSPITAL AUTHORITIESREIMBURSEMENT OF MEMBERS FOR CERTAIN EXPENSES. Code Section 31-7-74 Amended. No. 1138 (House Bill No. 1216). AN ACT To amend Code Section 31-7-74 of the Official Code of Georgia Annotated, relating to requirements, rules, regulations, and compensation of members of local hospital authorities, so as to provide for an alternative method of reimbursement of certain expenses on a per diem basis in an amount not to exceed $100.00 per meeting and the total amount not to exceed $100.00 per month; 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 31-7-74 of the Official Code of Georgia Annotated, relating to requirements, rules, regulations, and compensation of members of local hospital authorities, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (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 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 or, in the alternative, the members may elect to be reimbursed for such expenses on a per diem basis in an amount not to exceed $100.00 per meeting and the total amount not to exceed $100.00 per month. 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. Section 2 . This Act shall become effective upon its approval by 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 28, 1984.

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SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT AMENDED. Code Section 12-8-122 Amended. No. 1139 (House Bill No. 1267). AN ACT To amend Article 5 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the Southeast Interstate Low-Level Radioactive Waste Management Compact, so as to revise the text of the compact so as to conform the text of the compact as such appears in the Official Code of Georgia Annotated to the uniform text of the compact as agreed to by the several states; to provide legislative intent; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The General Assembly of Georgia finds and declares that it is the intent of this Act to revise the text of the Southeast Interstate Low-Level Radioactive Waste Management Compact so as to conform the text of the compact as such appears in the Official Code of Georgia Annotated to the uniform text of the compact as agreed to by the several states. Section 2 . Article 5 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the Southeast Interstate Low-Level Radioactive Waste Management Compact, is amended by striking in its entirety Code Section 12-8-122, which sets forth the text of the compact, and inserting in lieu thereof a new Code section to read as follows: 12-8-122. The Compact is substantially as follows: `ARTICLE I. POLICY AND PURPOSE There is hereby created the Southeast Interstate Low-Level Radioactive Waste Management Compact. The party states recognize and declare that each state is responsible for providing for

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availability of capacity either within or outside the state for disposal of low-level radioactive waste generated within its borders, except for waste generated as a result of defense activities of the federal government or federal research and development activities. They also recognize that the management of low-level radioactive waste is handled most efficiently on a regional basis. The party states further recognize that the Congress of the United States, by enacting the Low-Level Radioactive Waste Policy Act (P.L. 96-573), has provided for and encouraged the development of low-level radioactive waste compacts as a tool for disposal of such waste. The party states recognize that the safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to dispose of such waste be properly provided. It is the policy of the party states to: enter into a regional low-level radioactive waste management compact for the purpose of providing the instrument and framework for a cooperative effort; provide sufficient facilities for the proper management of low-level radioactive waste generated in the region, promote the health and safety of the region; limit the number of facilities required to effectively and efficiently manage low-level radioactive waste generated in the region; encourage the reduction of the amounts of low-level waste generated in the region; distribute the costs, benefits, and obligations of successful low-level radioactive waste management equitably among the party states; and ensure the ecological and economical management of low-level radioactive wastes. Implicit in the Congressional consent to this Compact is the expectation by the Congress and the party states that the appropriate federal agencies will actively assist the Compact Commission and the individual party states to this Compact by: 1. expeditious enforcement of federal rules, regulations, and laws; and 2. imposing sanctions against those found to be in violation of federal rules, regulations, and laws; and 3. timely inspection of their licensees to determine their capability to adhere to such rules, regulations, and laws; and 4. timely provision of technical assistance to this Compact in carrying out their obligations under the Low-Level Radioactive Waste Policy Act as amended.

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ARTICLE II. DEFINITIONS As used in this Compact, unless the context clearly requires a different construction: a. Commission or Compact Commission means the Southeast Interstate Low-Level Radioactive Waste Management Commission. b. facility means a parcel of land, together with the structures, equipment, and improvements thereon or appurtenant thereto, which is used or is being developed for the treatment, storage, or disposal of low-level radioactive waste. c. generator means any person who produces or possesses low-level radioactive waste in the course of, or as an incident to, manufacturing, power generation, processing, medical diagnosis and treatment, research, or other industrial or commercial activity. This does not include persons who provide a service to generators by arranging for the collection, transportation, storage or disposal of wastes with respect to such waste generated outside the region. d. high-level waste means irradiated reactor fuel, liquid wastes from reprocessing irradiated reactor fuel, solids into which such liquid wastes have been converted, and other high-level radioactive waste as defined by the U.S. Nuclear Regulatory Commission. e. host state means any state in which a regional facility is situated or is being developed. f. low-level radioactive waste or waste means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11e.(2) of the Atomic Energy Act of 1954, or as may be further defined by federal law or regulation. g. party state means any state which is a signatory party to this Compact. h. person means any individual, corporation, business enterprise, or other legal entity (either public or private).

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i. region means the collective party states. j. regional facility means (1) a facility as defined in this Article which has been designated, authorized, accepted, or approved by the Commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992. k. state means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any other territorial possession of the United States. l. transuranic wastes means waste material containing transuranic elements with contamination levels as determined by the regulations of (1) the U.S. Nuclear Regulatory Commission or (2) any host state, if it is an agreement state under Section 274 of the Atomic Energy Act of 1954. m. waste management means the storage, treatment, or disposal of waste. ARTICLE III. RIGHTS AND OBLIGATIONS The rights granted to the party states by this Compact are additional to the rights enjoyed by sovereign states, and nothing in this Compact shall be construed to infringe upon, limit, or abridge those rights. a. Subject to any license issued by the U.S. Nuclear Regulatory Commission or a host state, each party state shall have the right to have all wastes generated within its borders stored, treated, or disposed of, as applicable, at regional facilities, and additionally shall have the right of access to facilities made available to the region through agreements entered into by the Commission pursuant to Article IV(e)(9). The right of access by a generator within a party state to any regional facility is limited by its adherence to applicable state and federal law and regulation. b. If no operating regional facility is located within the borders of a party state and the waste generated within its borders must therefore be stored, treated, or disposed of at a regional facility in

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another state, the party state without such facilities may be required by the host state or states to establish a mechanism which provides compensation for access to the regional facility according to terms and conditions established by the host state or states and approved by a two-thirds vote of the commission. c. Each party state must establish the capability to regulate, license, and ensure the maintenance and extended care of any facility within its borders. Host states are responsible for the availability, the subsequent post-closure observation and maintenance, and the extended institutional control of their regional facilities, in accordance with the provisions of Article V, Section b. d. Each party state must establish the capability to enforce any applicable federal or state laws and regulations pertaining to the packaging and transportation of waste generated within or passing through its borders. e. Each party state must provide to the Commission on an annual basis, any data and information necessary to the implementation of the Commission's responsibilities. Each party state shall establish the capability to obtain any data and information necessary to meet its obligation herein defined. f. Each party state must, to the extent authorized by federal law, require generators within its borders to use the best available waste management technologies and practices to minimize the volumes of wastes requiring disposal. ARTICLE IV. THE COMMISSION a. There is hereby created the Southeast Interstate Low-Level Radioactive Waste Management Commission (Commission or Compact Commission). The Commission shall consist of two voting members from each party state to be appointed according to the laws of each state. The appointing authorities of each state must notify the Commission in writing of the identity of its members and any alternates. An alternate may act on behalf of the member only in the member's absence. b. Each Commission member is entitled to one vote. No action of the Commission shall be binding unless a majority of the total membership cast their vote in the affirmative, or unless a greater than

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majority vote is specifically required by any other provision of this Compact. c. The Commission must elect from among its members a presiding officer. The Commission shall adopt and publish, in convenient form, by-laws which are consistent with this Compact. d. The Commission must meet at least once a year and shall also meet upon the call of the presiding officer, by petition of a majority of the party states, or upon the call of a host state. All meetings of the Commission must be open to the public. e. The Commission has the following duties and powers: 1. to receive and approve the application of a non-party state to become an eligible state in accordance with the provisions of Article VII(b); and, 2. to receive and approve the application of an eligible state to become a party state in accordance with the provisions of Article VII(c); and 3. to submit an annual report and other communications to the governors and to the presiding officer of each body of the legislature of the party states regarding the activities of the Commission; and 4. to develop and use procedures for determining, consistent with considerations for public health and safety, the type and number of regional facilities which are presently necessary and which are projected to be necessary to manage waste generated within the region; and 5. to provide the party states with reference guidelines for establishing the criteria and procedures for evaluating alternative locations for emergency or permanent regional facilities; and 6. to develop and adopt, within one year after the Commission is constituted as provided in Article VII, Section d., procedures and criteria for identifying a party state as a host state for a regional facility as determined pursuant to the requirements of this Article. In accordance with these procedures and criteria, the Commission shall identify a host state for the development of a

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second regional disposal facility within three years after the Commission is constituted as provided for in Article VII, Section d. and shall seek to ensure that such facility is licensed and ready to operate as soon as required but in no event later than 1991. In developing criteria, the Commission must consider the following: the health, safety, and welfare of the citizens of the party states; the existence of regional facilities within each party state; the minimization of waste transportation; the volumes and types of wastes generated within each party state; and the environmental, economic, and ecological impacts on the air, land and water resources of the party states. The Commission shall conduct such hearings, require such reports, studies, evidence, and testimony, and do what is required by its approved procedures in order to identify a party state as a host state for a needed regional facility; and 7. in accordance with the procedures and criteria developed pursuant to section (e)(6) of this Article, to designate, by a two-thirds vote, a host state for the establishment of a needed regional facility. The Commission shall not exercise this authority unless the party states have failed to voluntarily pursue the development of such facility. The Commission shall have the authority to revoke the membership of a party state that willfully creates barriers to the siting of a needed regional facility; and 8. to require of and obtain from party states, eligible states seeking to become party states, and non-party states seeking to become eligible states, data and information necessary to the implementation of Commission responsibilities; and 9. notwithstanding any other provision of this Compact, to enter into agreements with any person, state, or similar regional body or group of states for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. The authorization to import requires a two-thirds majority vote of the Commission, including an affirmative vote of both representatives of the host state in which any affected regional facility is located. This shall be done only after an assessment of the affected facilities' capability to handle such wastes; and

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10. to act or appear on behalf of any party state or states, only upon written request of both members of the Commission for such state or states, as an intervenor or party in interest before Congress, state legislatures, any court of law, or any federal, state, or local agency, board, or commission which has jurisdiction over the management of wastes. The authority to act, intervene, or otherwise appear shall be exercised by the Commission, only after approval by a majority vote of the Commission; and 11. to revoke the membership of a party state in accordance with Article VII(f). f. The Commission may establish any advisory committees as it deems necessary for the purpose of advising the Commission on any matters pertaining to the management of low-level radioactive waste. g. The Commission may appoint or contract for and compensate a limited staff necessary to carry out its duties and functions. The staff shall serve at the Commission's pleasure irrespective of the civil service, personnel, or other merit laws of any of the party states or the federal government and shall be compensated from funds of the Commission. In selecting any staff, the Commission shall assure that the staff has adequate experience and formal training to carry out such functions as may be assigned to it by the Commission. If the Commission has a headquarters it shall be in a party state. h. Funding for the Commission shall be provided as follows: 1. each eligible state, upon becoming a party state, shall pay $25,000 to the Commission which shall be used for costs of the Commission's services. 2. each state hosting a regional disposal facility shall annually levy special fees or surcharges on all users of such facility, based upon the volume of wastes disposed of at such facilities, the total of which: (a) must be sufficient to cover the annual budget of the Commission; and (b) must represent the financial commitments of all party states to the Commission; and

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(c) must be paid to the Commission, provided, however, that each host state collecting such fees or surcharges may retain a portion of the collection sufficient to cover its administrative costs of collection, and that the remainder be sufficient only to cover the approved annual budgets of the Commission. 3. The Commission must set and approve its first annual budget as soon as practicable after its initial meeting. Host states for disposal facilities must begin imposition of the special fees and surcharges provided for in this section as soon as practicable after becoming party states, and must remit to the Commission funds resulting from collection of such special fees and surcharges within 60 days of their receipt. i. The Commission must keep accurate accounts of all receipts and disbursements. An independent certified public accountant shall annually audit all receipts and disbursements of Commission funds, and submit an audit report to the Commission. Such audit report shall be made a part of the annual report of the Commission required by Article IV(e)(3). j. The Commission may accept for any of its purposes and functions any and all donations, grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state, or the United States, or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and may receive, utilize, and dispose of the same. The nature, amount, and condition, if any, attendant upon any donation or grant accepted pursuant to this paragraph, together with the identity of the donor, grantor, or lender, shall be detailed in the annual report of the Commission. k. The Commission is not responsible for any costs associated with (1) the creation of any facility, (2) the operation of any facility, (3) the stabilization and closure of any facility, (4) the post-closure observation and maintenance of any facility, or (5) the extended institutional control, after post-closure observation and maintenance of any facility. l. As of January 1, 1986, the management of wastes at regional facilities is restricted to wastes generated within the region, and to wastes generated within non-party states when authorized by the

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Commission pursuant to the provisions of this compact. After January 1, 1986, the Commission may prohibit the exportation of waste from the region for the purposes of management. m. 1. The Commission herein established is a legal entity separate and distinct from the party states, capable of acting in its own behalf, and is liable for its actions. Liabilities of the Commission shall not be deemed liabilities of the party states. Members of the Commission shall not be personally liable for actions taken by them in their official capacity. 2. Except as specifically provided in this Compact, nothing in this Compact shall be construed to alter the incidence of liability of any kind for any act, omission, course of conduct, or on account of any casual or other relationships. Generators, transporters of wastes, and owners and operators of sites shall be liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto. ARTICLE V. DEVELOPMENT AND OPERATION OF FACILITIES a. Any party state which becomes a host state in which a regional facility is operated shall not be designated by the Compact Commission as a host state for an additional regional facility until each party state has fulfilled its obligation, as determined by the Commission, to have a regional facility operated within its borders. b. A host state desiring to close a regional facility located within its borders may do so only after notifying the Commission in writing of its intention to do so and the reasons therefor. Such notification shall be given to the Commission at least four years prior to the intended date of closure. Notwithstanding the four year notice requirement herein provided, a host state is not prevented from closing its facility or establishing conditions of its use and operations as necessary for the protection of the health and safety of its citizens. A host state may terminate or limit access to its regional facility if it determines that Congress has materially altered the conditions of this compact. c. Each party state designated as a host for a regional facility shall take appropriate steps to ensure that an application for a license to construct and operate a facility of the designated type is filed with and issued by the appropriate authority.

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d. No party state shall have any form of arbitrary prohibition on the treatment, storage, or disposal of low-level radioactive waste within its borders. ARTICLE VI. OTHER LAWS AND REGULATIONS a. Nothing in this Compact shall be construed to: 1. abrogate or limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any federal agency expressly conferred thereon by the Congress; 2. abrogate or limit the regulatory responsibility and authority of the U.S. Nuclear Regulatory Commission or of an agreement state under Section 274 of the Atomic Energy Act of 1954 in which a regional facility is located; 3. make inapplicable to any person or circumstance any other law of a party state which is not inconsistent with this Compact; 4. make unlawful the continued development and operation of any facility already licensed for development or operation on the date this Compact becomes effective, except that any such facility shall comply with Article III, Article IV and Article V and shall be subject to any action lawfully taken pursuant thereto; 5. prohibit any storage or treatment of waste by the generator on its own premises; 6. affect any judicial or administrative proceeding pending on the effective date of this Compact; 7. alter the relations between, and the respective internal responsibilities of, the government of a party state and its subdivisions; and 8. affect the generation, treatment, storage, or disposal of waste generated by the atomic energy defense activities of the Secretary of the U. S. Department of Energy or federal research and development activities as defined in P. L. 95-573;

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9. affect the rights and powers of any party state and its political subdivisions to regulate and license any facility within its borders or to affect the rights and powers of any party state and its political subdivisions to tax or impose fees on the waste managed at any facility within its borders. b. No party state shall pass any law or adopt any regulation which is inconsistent with this Compact. To do so may jeopardize the membership status of the party state. c. Upon formation of the compact no law or regulation of a party state or of any subdivision or instrumentality thereof may be applied so as to restrict or make more inconvenient access to any regional facility by the generators of another party state than for the generators of the state where the facility is situated. d. Restrictions of waste management of regional facilities pursuant to Article IV shall be enforceable as a matter of state law. ARTICLE VII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY INTO FORCE, TERMINATION a. This Compact shall have as initially eligible parties the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia. b. Any state not expressly declared eligible to become a party state to this Compact in section (a) of this Article may petition the Commission, once constituted, to be declared eligible. The Commission may establish such conditions as it deems necessary and appropriate to be met by a state wishing to become eligible to become a party state to this Compact pursuant to the provisions of this section. Upon satisfactorily meeting such conditions and upon the affirmative vote of two-thirds of the Commission, including the affirmative vote of both representatives of a host state in which any affected regional facility is located, the petitioning state shall be eligible to become a party state to this Compact and may become a party state in the same manner as those states declared eligible in section (a) of this Article. c. Each state eligible to become a party state to this Compact shall be declared a party state upon enactment of this Compact into law by the state and upon payment of the fees required by Article IV(h)(1). The Commission is the judge of the qualifications of the

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party states and of its members and of their compliance with the conditions and requirements of this Compact and the laws of the party states relating to the enactment of this Compact. d. 1. The first three states eligible to become party states to this Compact which enact this Compact into law and appropriate the fees required by Article IV(h)(1) shall immediately, upon the appointment of their Commission members, constitute themselves as the Southeast Interstate Low-Level Radioactive Waste Management Commission, shall cause legislation to be introduced in the Congress which grants the consent of the Congress to this Compact, and shall do those things necessary to organize the Commission and implement the provisions of this Compact. 2. All succeeding states eligible to become party states to this Compact shall be declared party states pursuant to the provisions of section c of this Article. 3. The consent of the Congress shall be required for full implementation of this Compact. The provisions of Article V, Section d. shall not become effective until the effective date of the import ban authorized by Article IV, Section L as approved by Congress. The Congress may by law withdraw its consent only every five years. e. No state which holds membership in any other regional compact for the management of low-level radioactive waste may be considered by the Compact Commission for eligible state status or party state status. f. Any party state which fails to comply with the provisions of this Compact or to fulfill the obligations incurred by becoming a party state to this Compact may be subject to sanctions by the Commission, including suspension of its rights under this Compact, and revocation of its status as a party state. Any sanction shall be imposed only upon the affirmative vote of at least two-thirds of the Commission members. Revocation of party state status may take effect on the date of the meeting at which the Commission approves the resolution imposing such sanction, but in no event shall revocation take effect later than 90 days from the date of such meeting. Rights and obligations incurred by being declared a party state to this Compact shall continue until the effective date of the sanction imposed or as provided in the resolution of the Commission imposing the sanction.

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The Commission must, as soon as practicable after the meeting at which a resolution revoking status as a party state is approved, provide written notice of the action along with a copy of the resolution to the governors, the presidents of the senates, and the speakers of the houses of representatives of the party states, as well as chairmen of the appropriate committees of the Congress. g. Any party state may withdraw from this Compact by enacting a law repealing the Compact, provided that if a regional facility is located within such state, such regional facility shall remain available to the region for four years after the date the Commission receives notification in writing from the governor of such party state of the rescission of the Compact. The Commission, upon receipt of the notification, shall, as soon as practicable, provide copies of such notification to the governors, the presidents of the senates, and the speakers of the houses of representatives of the party states, as well as the chairmen of the appropriate committees of the Congress. h. This Compact may be terminated only by the affirmative action of the Congress or by the rescission of all laws enacting the Compact in each party state. ARTICLE VIII. PENALTIES a. Each party state, consistently with its own law, shall prescribe and enforce penalties against any person not an official of another state for violation of any provision of this Compact. b. Each party state acknowledges that the receipt by a host state of waste packaged or transported in violation of applicable laws and regulations can result in imposition of sanctions by the host state which may include suspension or revocation of the violator's right of access to the facility in the host state. ARTICLE IX. SEVERABILITY AND CONSTRUCTION The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance

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shall not be affected thereby. If any provision of this Compact shall be held contrary to the Constitution of any state participating therein, the Compact shall remain in full force and effect as to the state affected as to all severable matters. The provisions of this Compact shall be liberally construed to give effect to the purposes thereof.' 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 28, 1984. PESTICIDESGROUNDS FOR DENIAL, ETC., OF CONTRACTOR'S AND APPLICATOR'S LICENSES. Code Section 2-7-102 Amended. No. 1140 (House Bill No. 1294). AN ACT To amend Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, revocation, or modification of licenses, permits, or certifications under the Georgia Pesticide Use and Application Act of 1976, so as to provide for the denial, suspension, or revocation of pesticide contractor's licenses and certified commercial pesticide applicator's licenses under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, revocation, or modification of licenses, permits, or certifications under the Georgia Pesticide Use and Application Act of 1976, is amended by designating the existing language as subsection (a) of said Code section and adding at the end thereof a new subsection (b) to read as follows: (b) The Commissioner may suspend any pesticide contractor's license or any certified commercial pesticide applicator's license, pending inquiry, for not longer than ten days and, after opportunity for a hearing, may deny, suspend, or revoke such license for a period not to exceed five years upon a finding by the Commissioner that: (1) The applicant for or holder of such a license has been convicted of or has pleaded guilty to a violation of Code Section 16-13-31; (2) The conviction occurred or the plea was entered on or after January 1, 1984; (3) The conviction occurred or the plea was entered within the immediately preceding five years; and (4) An aircraft was used in the commission of such violation. Section 2 . This Act shall become effective upon its approval by 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 28, 1984.

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LANDLORD AND TENANTAFFIDAVITS FOR WRITS OF POSSESSION. Code Title 44, Chapters 7 and 14 Amended. No. 1141 (House Bill No. 1342). AN ACT To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide that an owner, his agent, his attorney at law, or his attorney in fact may go before the clerk or deputy clerk of either the judge of the superior court or the judge of the state court and make an affidavit under oath seeking a writ of possession; to provide that writs of possession shall be available in certain rental transactions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by striking in its entirety Code Section 44-7-50, relating to demand for possession and the procedure upon tenant's refusal, and inserting in its place a new Code Section 44-7-50 to read as follows: 44-7-50. In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to him or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, by himself, his agent, his attorney in fact, or his attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner, his agent, his attorney at law, or his attorney in fact may go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts.

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Section 2 . Said title is further amended by striking in its entirety Code Section 44-14-230, relating to authority to seek a writ of possession for certain property, and inserting in its place a new Code Section 44-14-230 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 `rental transaction' means the lease or rental of goods or personal property. (2) Any owner of personal property leased or rented in a 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 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 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 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

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COURTS, CRIMINAL PROCEDURECONDITIONS FOR PROBATION IN CERTAIN CASES. Code Sections 15-11-35 and 17-10-1 Amended. No. 1142 (House Bill No. 1354). AN ACT To amend Code Section 15-11-35 of the Official Code of Georgia Annotated, relating to disposition of delinquent children by juvenile courts, so as to provide that, in any case where a child is found to have committed a delinquent act and has not achieved a high school diploma or the equivalent, the court may require as a condition of probation that the child pursue a course of study which will lead to achieving a high school diploma or the equivalent; to provide that, in any case in which such a condition of probation may be imposed, the court shall give express consideration to whether such a condition should be imposed; to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence in misdemeanor and felony cases in general, so as to require similar consideration of such a condition of probation or suspension of sentence; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 15-11-35 of the Official Code of Georgia Annotated, relating to disposition of delinquent children by juvenile courts, is amended by adding a new subsection (c) to read as follows: (c) In any case in which a child who has not achieved a high school diploma or the equivalent is placed on probation, the court may require as a condition of probation that the child pursue a course of study designed to lead to achieving a high school diploma or the equivalent; and, in any case in which such a condition of probation may be imposed, the court shall give express consideration to whether such a condition should be imposed. Section 2 . Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence in misdemeanor and felony cases in general, is amended by adding a new subsection (c) to read as follows:

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(c) In any case in which a minor defendant who has not achieved a high school diploma or the equivalent is placed under a probated or suspended sentence, the court may require as a condition of probation or suspension of sentence that the defendant pursue a course of study designed to lead to achieving a high school diploma or the equivalent; and, in any case in which such a condition of probation may be imposed, the court shall give express consideration to whether such a condition should be imposed. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. DEPARTMENT OF PUBLIC SAFETYRESTRICTIONS ON ELIGIBILITY FOR APPOINTMENT TO UNIFORM DIVISION. Code Section 35-2-43 Amended. No. 1143 (House Bill No. 1364). AN ACT To amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment or enlistment in the Uniform Division of the Department of Public Safety, so as to provide that no former member of the armed forces of the United States who has been discharged with a discharge less than an honorable discharge shall be eligible for appointment or reappointment to the Uniform Division; 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 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment or enlistment in the Uniform Division of the Department of Public Safety, is amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: (f) No former member of the National Guard of this state or of any other state, of the armed forces of the United States, or of any other law enforcement agency of the United States or of the various states thereof who has been discharged with a discharge less than an honorable discharge nor any former member of the Georgia State Patrol who shall have been discharged for cause shall be eligible for appointment or reappointment to the Uniform Division of the Department of Public Safety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. MOTOR VEHICLE LICENSE FEES AND PLATESFEES FOR MOTORCYCLES. Code Section 48-10-2 Amended. No. 1144 (House Bill No. 1568). AN ACT To amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for operation of vehicles, so as to change the amount of license fee for the operation of motorcycles; to provide an effective date conditioned upon the passage of certain legislation; 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 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for operation of vehicles, is amended by striking paragraph (2) in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) For each motorcycle..... $ 9.00 Section 2 . The provisions of this Act shall become effective on January 1, 1985; provided, however, that the provisions of this Act shall only become effective on the above date upon an Act entitled An Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a motorcycle operator safety training program; to exempt certain applicants for drivers' licenses to operate vehicles in Class 2 from specified examinations; to provide for additional training programs under certain conditions; to define certain terms; to provide for the motorcycle safety training course; to provide for powers and duties of the Board of Public Safety and the Department of Public Safety; to provide for a State-wide Motorcycle Safety Coordinator, his powers and duties; to provide for instructors in such program and their training; to provide an effective date; to repeal conflicting laws; and for other purposes. becoming effective on January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

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GEORGIA AGRIRAMA DEVELOPMENT AUTHORITYMEMBERSHIP CHANGED. Code Section 2-3-5 Amended. No. 1145 (House Bill No. 1569). AN ACT To amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition, officers, bylaws, quorum, compensation of members and employees, and legal representation of the Georgia Agrirama Development Authority, so as to change the membership of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition, officers, bylaws, quorum, compensation of members and employees, and legal representation of the Georgia Agrirama Development Authority, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 2-3-5 to read as follows: 2-3-5. (a) The authority shall consist of 15 members as follows: (1) The Commissioner of Agriculture or his designee; (2) The president of the Georgia Farm Bureau Federation or his designee; (3) A member of the Public Service Commission to be appointed by the Governor; (4) The director of the Tourist Division of the Department of Industry and Trade; (5) The Secretary of State;

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(6) The director of the Coastal Plains Experiment Station; (7) A representative appointed by the executive committee of the University of Georgia College of Agriculture Alumni Association; (8) A member of the Chamber of Commerce of Tift County to be appointed by the board of directors of that organization; and (9) Seven members to be appointed by the Governor, one of whom shall be a resident of the Tift area, and another who shall be a member of the Georgia Young Farmers Association. The members appointed by the Governor shall be appointed for a term of four years and shall remain in office until the appointment and qualification of their successors. Appointments by the Governor to fill vacancies on the authority shall be for the unexpired term. (b) The authority shall elect one of its members as chairman and another as vice-chairman. It shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (c) The authority may make such bylaws for its government as it deems necessary but is under no duty to do so. (d) Any eight members of the authority shall constitute a quorum necessary for the transaction of business. A majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter. No vacancy on the authority shall impair the right of a quorum to transact any and all such business. (e) The members of the authority shall receive no compensation for their services. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority. (f) The Attorney General shall provide legal services for the authority. In connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable. 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 28, 1984. CRIMES AND OFFENSESPUNISHMENT FOR CERTAIN CRIMES COMMITTED AGAINST PERSONS 65 YEARS OF AGE OR OLDER. Code Title 16, Chapters 5 and 8 Amended. No. 1146 (House Bill No. 213). AN ACT To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change the penalty provisions relating to persons who are convicted of the crimes of aggravated assault, aggravated battery, robbery, or theft by deception against persons 65 years of age or older; to provide for certain procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding at the end of Code Section 16-5-21, relating to the crime of aggravated assault, a new subsection (d) to read as follows: (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.

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Section 2 . Said title is further amended by adding at the end of Code Section 16-5-24, relating to the crime of aggravated battery, a new subsection (d) to read as follows: (d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. Section 3 . Said title is further amended by striking in its entirety Code Section 16-8-12, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, and inserting in lieu therof a new Code Section 16-8-12 to read as follows: 16-8-12. (a) A person convicted of violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except: (1) If the property which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; (2) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his duties as such officer or employee, by improsonment for not less than one nor more than 15 years; (3) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by improsnment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action action taken by a cemetery, cemetery owner, lessee, trustee, chruch, religious or fraternal organization, corporation, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beatutify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dated to be a criminal act; or (4) (A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the

Page 902

theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value, by imprisonment for not less than one nor more than 20 years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second offense under this paragraph shall be punished by imprisonment for not less than three years nor more than 20 years, no portion of which may be suspended, probated, deferred, or withheld; and any person who is convicted of a third offense under this paragraph shall be punished by imprisonment for not less than ten years nor more than 20 years, no portion of which may be suspended, probated, deferred, or withheld. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7. (b) Except as otherwise provided in paragraph (4) of subsection (a) of this Code section, any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years. Section 4 . Said title is further amended by adding at the end of Code Section 16-8-40, relating to the crime of robbery, a new subsection (c) to read as follows: (c) Notwithstanding any other provision of this Code section, any person who commits the offense of robbery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. 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 28, 1984.

Page 903

STATE GOVERNMENTPROCEDURE RELATING TO DISPOSITION OF SURPLUS PROPERTY CHANGED. Code Section 50-5-142 Amended. No. 1147 (House Bill No. 414). AN ACT To amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to delete the requirement for a monthly report; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, is amended by striking Code Section 50-5-142, relating to the procedure for a list of surplus property, in its entirety and inserting in lieu thereof a new Code Section 50-5-142 to read as follows: 50-5-142. The commissioner of administrative services shall promulgate such rules and regulations as may be required to carry out Code Sections 50-5-140, 50-5-141, 50-5-143, 50-5-144, and 50-5-146 and shall establish procedures whereby the sale of surplus property shall be advertised and competitive bids for the purchase thereof shall be secured, pursuant to Code Section 50-5-141. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

Page 904

TAX SALESCOUNTIES AUTHORIZED TO PURCHASE PERSONAL PROPERTY SOLD UNDER TAX EXECUTIONS, ETC. Code Section 48-4-22 Enacted. No. 1148 (House Bill No. 442). AN ACT To amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to purchase by counties of property sold under tax executions, so as to authorize counties to purchase personal property sold under tax executions under certain conditions; to provide procedures; to provide for the payment of taxes due the state; to provide for a bill of sale for personal property; 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 48 of the Official Code of Georgia Annotated, relating to purchase by counties of property sold under tax executions, is amended by adding at the end thereof a new Code section, to be designated Code Section 48-4-22, to read as follows: 48-4-22. (a) The governing authority of any county may purchase and hold in its official capacity any personal property offered for sale by virtue of tax executions, except that the governing authority may bid on the personal property only when other bids do not cover the amount of tax executions, accrued interest, penalties, and costs. (b) The governing authority of the county shall not bid more for the property than the amount of taxes, accrued interest, penalties, and costs. The governing authority, upon bidding on any property, shall draw its warrant on the county treasurer to pay to the levying officers the costs due on the tax executions and costs accrued in effecting tax sales. The governing authority of the county shall not be required to pay the proportionate part of the taxes due the state, any school district, or any other political subdivision or authority of

Page 905

counties by virtue of the tax sale until the personal property is resold by the governing authority of the county in the manner provided by law. (c) When personal property is sold under tax executions at a tax sale, the sale is final. (d) The officer authorized to conduct tax sales shall issue a `Bill of Sale for Personal Property' to the purchaser at the tax sale, and it shall be substantially as follows:

Page 906

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

Page 907

PUBLIC OFFICERS AND EMPLOYEESLEAVE OF ABSENCE WITH PAY TO EMPLOYEE DONATING KIDNEY FOR TRANSPLANTATION. Code Section 45-20-31 Enacted. No. 1149 (House Bill No. 559). AN ACT To amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence, so as to provide that each employee of the State of Georgia or of any branch, department, board, bureau, or commission of the State of Georgia who donates one of such employee's kidneys for the purpose of transplantation shall receive a leave of absence, with pay, of 30 days; to provide that such leave shall not be charged against or deducted from any annual or sick leave and shall be included as service in computing any retirement or pension benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence, is amended by adding at the end thereof a new Code Section 45-20-31 to read as follows: 45-20-31. Each employee of the State of Georgia or of any branch, department, board, bureau, or commission of the State of Georgia who donates one of such employee's kidneys for the purpose of transplantation shall receive a leave of absence, with pay, of 30 days and such leave shall not be charged against or deducted from any annual or sick leave and shall be included as service in computing any retirement of pension benefits. The employee shall not be entitled to such leave of absence with pay unless he furnishes to his supervisor or other proper authority a statement from a medical practitioner who is to perform such transplantation procedure or from a hospital administrator that the employee is making a kidney donation as provided in this Code section. If such donation does not occur, the provisions of this Code section shall not be applicable.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. EDUCATIONLOCAL BOARDS' DISCIPLINARY HEARING OFFICERS OR PANELSPROCEDURES, ETC. Code Title 20, Chapter 2 Amended. No. 1150 (House Bill No. 815). AN ACT To amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to require local boards of education to appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following certain instances of alleged conduct on the part of students; to provide minimum procedures for such hearings; to provide for decisions from the hearing and for appeals of such decisions; to provide for reporting certain instances of alleged conduct; to provide that proceedings and certain records shall not be open to the public or subject to inspection by the public; 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 . Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, is amended by adding at the end thereof the following:

Page 909

20-2-753. (a) In addition to any proceedings which are authorized in Code Section 20-2-752, local boards of education shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following any instance of: (1) An alleged assault or battery by a student upon any teacher, other school official, or employee; (2) An alleged assault or battery by a student upon another student, if, in the discretion of the school principal, the alleged assault or battery could justify the expulsion or long-term suspension of the student; or (3) Substantial damage alleged to be intentionally caused by a student on school premises to personal property belonging to a teacher, other school official, employee, or student, if, in the discretion of the school principal, the alleged damage could justify the expulsion or long-term suspension of the student; (b) The board of education shall by appropriate rule, regulation, or resolution require that when any instance specified in subsection (a) of this Code section occurs the teacher, other school official, employee, or student who is subjected to the assault, battery, or damage shall file a complaint with the school administration and with the local board of education. 20-2-754. (a) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753, shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, ensure that: (1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel; (2) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; and

Page 910

(3) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties. (b) If appointed to review an instance specified in Code Section 20-2-753, the disciplinary officer, panel, or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary action imposed by such officer, panel, or tribunal may be suspended by the superintendent of schools pending the outcome of the appeal. (c) The local board of education shall review the record and shall render a decision in writing. The decision shall be based solely on the record and shall be given to all parties within ten days from the date it receives the notice of appeal. The board may take any action it determines appropriate, and any decision of the board shall be final. All parties shall have the right to be represented by legal counsel at any such appeal and during all subsequent proceedings. 20-2-755. The disciplinary officer, panel, or tribunal of school officials, when appointed as required in Code Section 20-2-753, shall determine what, if any, disciplinary action shall be taken. Such action may include, but is not limited to, expulsion, long-term suspension, or short-term suspension. Any action taken by such officer, panel, or tribunal shall be subject to modification by the local school board on appeal. 20-2-756. (a) The school administration, disciplinary hearing officer, panel, tribunal of school officials, or the local board of education may, when any instance specified in subsection (a) of Code Section 20-2-753 occurs, report the incident to the appropriate law enforcement agency or officer for investigation to determine if criminal charges or delinquent proceedings should be initiated. (b) No individual reporting any incident under this subpart to a law enforcement agency or officer shall be subject to any action for malicious prosecution, malicious abuse of process, or malicious use of process.

Page 911

20-2-757. (a) No proceeding under this subpart shall be subject to Chapter 80 of Title 36, relating to open meetings of governmental bodies, and the verbatim electronic or written record and the written decisions prepared under this subpart shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50, relating to public records. (b) No other disciplinary proceeding or appeal or review thereof conducted by a school administration or board of education shall be subject to Chapter 80 of Title 36, relating to open meetings of governmental bodies, and the verbatim electronic or written record and the written decisions prepared by a school administration or board of education in such proceeding shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50, relating to public records. (c) The board of education shall prepare a written summary of any proceeding under this subpart which summary shall include a description of the incident and the disposition thereof but shall not contain the names of any party to the incident. The summary shall be a public record. 20-2-758. Nothing in this subpart shall be construed to prohibit, restrict, or limit in any manner any cause of action otherwise provided by law and available to any teacher, school official, employee, or student. The provisions of subsections (b) through (f) of Code Section 20-2-1160 shall apply to all proceedings under this subpart. Section 2 . This Act shall become effective upon its approval by 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 28, 1984.

Page 912

CIVIL PRACTICEEFFECT OF ENTRY ON EXECUTION OR NOTICE OF EFFORT TO ENFORCE EXECUTIONRERECORDATION. Code Section 9-12-60 Amended. No. 1151 (House Bill No. 915). AN ACT To amend Code Section 9-12-60 of the Official Code of Georgia Annotated, relating to dormancy of judgments and general execution dockets, so as to provide that when an entry is made on an execution or when notice of an effort to enforce an execution is filed for record, such execution shall be rerecorded in the current general execution docket if the original execution is recorded in a general execution docket other than the current docket; to provide that in such a case an appropriate notation shall be made upon the original execution; to provide for related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 9-12-60 of the Official Code of Georgia Annotated, relating to dormancy of judgments and general execution dockets, is amended by adding a new subsection (c) to read as follows: (c) When an entry on an execution or a written notice of public effort is filed for record and the original execution is recorded in a general execution docket other than the current general execution docket, the original execution shall be rerecorded in the current general execution docket with all entries thereon. When an original execution is so rerecorded, a notation shall be made upon the original execution which states that it has been rerecorded and gives the book and page number where the execution has been rerecorded. When an original execution is so rerecorded in the current general execution docket, it shall be indexed in the current general execution docket in the same manner as if it were an original execution. Nothing in this subsection shall affect the priority of any judgment or lien; and no judgment or lien shall lose any priority because an execution is rerecorded.

Page 913

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. CHIROPRACTORSAUTHORITY OF BOARDQUALIFICATIONS OF APPLICANTS FOR LICENSURE CHANGED, ETC. Code Title 43, Chapter 9 Amended. No. 1152 (House Bill No. 926). AN ACT To amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of chiropractic, so as to provide for certain authority for the board; to change the qualifications for applicants for licensure; to change the provisions relative to examination for licensure; to change the qualifications for licensure by reciprocity; to change the continuing education requirements; to delete the provision requiring licenses to be recorded with the clerk of superior court; to require licensees to notify the board of a change of address; to change the provisions relative to administrative sanctions; to provide for injunctive relief; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of chiropractic, is amended by inserting immediately following Code Section 43-9-6 a new Code Section 43-9-6.1 to read as follows: 43-9-6.1. The board is authorized to:

Page 914

(1) Adopt, amend, and repeal such rules and regulations not inconsistent with this chapter necessary for the proper administration and enforcement of said chapter; (2) Examine, issue, renew, and reinstate the licenses of duly qualified applicants for licensure to practice chiropractic in this state; (3) Deny, suspend, revoke, or otherwise sanction licenses to practice chiropractic in this state; (4) Initiate investigations for the purpose of discovering violations of this chapter; (5) Conduct hearings upon charges calling for the discipline of a licensee or on violations of this chapter; and (6) Issue to chiropractors, licensed under this chapter, certificates under the seal of the board evidencing such licensure and signed, either by hand or facsimile signature, by the president of the board and the joint-secretary. Section 2 . Said chapter is further amended by striking Code Section 43-9-7, relating to qualifications of applicants, in its entirety and inserting in lieu thereof a new Code Section 43-9-7 to read as follows: 43-9-7. (a) Any person wishing to practice chiropractic in this state shall make written application to the board through the joint-secretary in such form as may be adopted and directed by the board. (b) Application shall be in writing and shall be signed by the applicant in his own handwriting; shall be sworn to before some officer authorized under the laws to administer oaths; shall recite the history of the applicant's educational qualifications, how long he has studied chiropractic, what collateral branches, if any, he has studied, the length of time he has engaged in clinical practice, with proof thereof in the form of diplomas, certificates, etc.; and shall accompany the application with satisfactory evidence of good character and reputation. (c) Each applicant shall send with his application an application fee in an amount established by the board.

Page 915

(d) Each applicant shall be of good moral character and shall be a graduate of a chiropractic school or college accredited by the Council on Chiropractic Education or a board approved successor or a chiropractic school or college which is actively seeking accreditation from the Council on Chiropractic Education or a board approved successor, which requires a four-year standard college course and is approved by the board. (e) In addition to the requirements heretofore provided in this Code section, each applicant for examination shall have successfully concluded two years' general college training in schools or colleges approved by the Southern Association of Accredited Colleges and Universities or schools or colleges approved by virtue of reciprocity through such association. Section 3 . Said chapter is further amended by striking Code Section 43-9-8, relating to examinations, in its entirety and inserting in lieu thereof a new Code Section 43-9-8 to read as follows: 43-9-8. All applicants for licenses shall take an examination approved by the board. Section 4 . Said chapter is further amended by striking Code Section 43-9-9, relating to reciprocity, in its entirety and inserting in lieu thereof a new Code Section 43-9-9 to read as follows: 43-9-9. Persons licensed to practice chiropractic under the laws of any other state having requirements equal to those of this chapter may, in the discretion of the board, be issued a license to practice chiropractic in this state without written examination upon the payment of a fee in an amount established by the board. Section 5 . Said chapter is further amended by striking in its entirety Code Section 43-9-10, which reads as follows: 43-9-10. Every person who receives a license from the board shall have the license recorded in the office of the clerk of the superior court of the county in which he resides and shall likewise have it recorded in the counties to which he may subsequently move for the purpose of practicing chiropractic., and inserting in its place the following:

Page 916

43-9-10. Reserved. Section 6 . Said chapter is further amended by striking Code Section 43-9-10.1, relating to display of license, in its entirety and inserting in lieu thereof a new Code Section 43-9-10.1 to read as follows: 43-9-10.1. Every person licensed under this chapter shall: (1) Display such license in a conspicuous place in such person's principal place of business; and (2) Notify the board of any change of business or residence address. Section 7 . Said chapter is further amended by striking Code Section 43-9-11, relating to licensing renewal and continuing education, in its entirety and inserting in lieu thereof a new Code Section 43-9-11 to read as follows: 43-9-11. Every person who receives or has received a license to practice chiropractic from the board shall pay the board on or before the renewal date a fee in an amount established by the board, payment of which shall renew his license to practice chiropractic for the ensuing two years, provided that the board has satisfactory evidence that the applicant for renewal has completed a minimum of 12 hours of continuing education per year as approved by the board. All chiropractic colleges teaching an approved course of instruction shall be classified as approved. Section 8 . Said chapter is further amended by striking Code Section 43-9-12, relating to the grounds for refusal or revocation of licenses, in its entirety, which reads as follows: 43-9-12. (a) The board may refuse to grant or may revoke a license to practice chiropractic or may cause a licensee's name to be removed from the records in the office of the clerk of the superior court in any county, upon any of the following grounds: (1) The employment of fraud or deception in applying for a license or in passing an examination provided for in this chapter;

Page 917

(2) Habitual intemperance in the use of alcoholic beverages or narcotics; (3) Inability or manifest incompetency or any immoral or unprofessional conduct; (4) Conviction of a crime involving moral turpitude; (5) Conviction of the offense of criminal abortion or attempting to perform a criminal abortion; (6) The obtaining of a fee on representation that a manifestly incurable disease can be permanently cured; (7) Causing the publication and circulation of an advertisement of any remedy or means whereby the monthly periods of women can be regulated or the menses, if suppressed, can be reestablished; (8) Causing the publication and circulation of an advertisement relative to any disease of the sexual organs; (9) Any violation of any federal or state law relating to drugs or narcotics; or (10) Knowingly making any fraudulent, misleading, or deceptive statement in any form of advertising or making any statement in any advertising concerning the quality of the chiropractic services rendered by such licensee or applicant or any chiropractor associated with him. (b) The board may adopt, amend, or repeal such rules consistent with the law as may be necessary to enable it to carry this chapter into effect., and inserting in lieu thereof a new Code Section 43-9-12 to read as follows: 43-9-12. (a) The board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has:

Page 918

(1) Failed to demonstrate the qualifications or standards for a license contained in this chapter or the rules or regulations promulgated hereunder; 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 chiropractic or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive 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 country or in the courts of the United States; as used in this paragraph and paragraph (4) of 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 paragraph, 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 adjudiction of guilt pursuant to the charge was granted; 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 of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;

Page 919

(5) Had his license to practice chiropractic revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings, or was refused the renewal of a license by any such lawful licensing 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 chiropractic, 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 chiropractic 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 practice of chiropractic; (7) 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 chiropractic or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) 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 chiropractic 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; (9) 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; or

Page 920

(10) Displayed an inability to practice chiropractic with reasonable skill and safety to the public or has become unable to practice chiropractic with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material. (b) The provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' with respect to emergency action and summary suspension of a license are adopted and incorporated by reference into this Code section. (c) For purposes of this Code section, the board may obtain, through subpoena by the joint-secretary, upon reasonable grounds, any and all records relating to the mental or physical condition of a license 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 of finds that any person should be disciplined pursuant to subsection (a) of this Code section or pursuant to any other provision of this chapter, 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; (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; or (7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the practice of chiropractic.

Page 921

(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 Code section or the laws relating to chiropractic. (h) Neither 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 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; (i) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of the board. The board may restore and reissue a license to practice chiropractic and, as a condition thereof, may impose any disciplinary sanction provided by this chapter. (j) The board, the joint-secretary, or the appropriate prosecuting attorney may bring an action to enjoin the unlicensed practice of chiropractic by any person. The action to restrain and enjoin such unlicensed practice shall be brought in the superior court of the county where the unlicensed person resides. It shall not be necessary to allege or prove that there is no adequate remedy at law to obtain an injunction under this Code section.

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Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. ELECTIONSAUTHORITY OF REGISTRAR TO CHANGE ENTRY OF ELECTOR'S ADDRESS LIMITED. Code Title 21, Chapters 2 and 3 Amended. No. 1153 (House Bill No. 942). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the board of registrars shall not make any change of residence on a person's voter registration card without written notification of such change by the elector; 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 subsection (c) of Code Section 21-2-240, relating to procedures upon the change of residence of an elector, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) In the event any elector moves to a residence within the county and has a different address from the address contained on the person's registration card, it shall be his duty to notify the board of registrars of such fact 30 days prior to the primary or election in which he wishes to vote by submitting the change of address in writing, under oath; and the board of registrars shall place such person's name on the proper list of electors at least five days prior to such primary or election.

Page 923

Section 2 . Said title is further amended by striking Code Section 21-3-140, relating to procedures upon the change of residence of an elector in a municipal election, in its entirety and inserting in lieu thereof a new Code Section 21-3-140 to read as follows: 21-3-140. In the event any elector moves to a residence within the municipality which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact by submitting the change of address in writing, under oath; and the board shall place such person's name on the proper list of electors. Any elector who moves to a residence within the municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact prior to an election or primary shall vote in the precinct of his former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms which shall be completed by each such elector to reflect his present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail. 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 28, 1984.

Page 924

INNKEEPERSLIABILITY FOR VALUABLES OF GUESTSLAW CHANGED. Code Title 43, Chapter 21 Amended. No. 1154 (House Bill No. 951). AN ACT To amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to change the provisions relating to the liabilities of the innkeeper for valuables of guests; 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 . Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, is amende by striking Code Section 43-21-10, relating to the deposit of valuables by guests with innkeepers, in its entirety and substituting in lieu thereof a new Code Section 43-21-10 to read as follows: 43-21-10. The innkeeper may provide a safe or other place of deposit for valuable articles and, by posting a notice thereof, may require guests of the innkeeper to place such valuable articles therein or the innkeeper shall be relieved from responsibility for such articles. For all valuable articles placed by a guest with an innkeeper for safekeeping, the innkeeper shall give a receipt therefor to evidence the fact of such deposit. No guest shall recover from the innkeeper more than $750.00 for loss of valuable articles deposited with the innkeeper for safekeeping unless such guest shall possess a receipt of the innkeeper for the valuable articles claimed to have been lost. Section 2 . Said article is further amended by striking subsection (a) of Code Section 43-21-11, relating to the limitation of liability of innkeepers for valuables deposited with the innkeeper, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

Page 925

(a) No hotel, apartment hotel, or innkeeper shall be responsible in an amount in excess of $1,000.00 for the loss or theft of any valuables, including cash, jewelry, etc., which are contained in a package, box, bag, or other container left with the hotel proprietor or innkeeper to be placed in the safe or other depository of the hotel or inn, provided that the liability of the hotel or innkeeper may be increased to an amount in excess of $1,000.00 by a written contract entered into between the parties providing a greater liability; provided, further, that the contract shall not call for any additional cost to the guest. Section 3 . Said article is further amended by striking Code Section 43-21-12, relating to limitations on liabilities of innkeepers, in its entirety and substituting in lieu thereof a new Code Section 43-21-12 to read as follows: 43-21-12. In case of loss of property entrusted by a guest to an innkeeper, it will be presumed that the innkeeper failed to exercise extraordinary diligence with regard to such property. Negligence or default by the guest, of which the loss is a consequence, shall be a sufficient defense. The liability of the innkeeper for loss of or injury to personal property placed by any guest under the innkeeper's care, other than valuable articles which must be delivered to the innkeeper to be deposited in a safe or other place of deposit, shall not exceed the sum of $1,000.00, provided that any guest may, at any time before loss, damage, or destruction of the guest's property, notify the innkeeper in writing that the property of the guest exceeds in value the sum of $1,000.00 and shall, upon demand of the innkeeper, furnish the innkeeper a list or schedule of the same, with the value thereof, in which case the innkeeper shall be liable for the full value of such property in case of loss, damage, or destruction because of negligence on the innkeeper's part; provided, further, that the innkeeper shall post a copy of this Code section, printed in distinct type, on the inside of the door of the guest's room. The innkeeper may adopt reasonable regulations for the innkeeper's protection, and the publication of such rules to the innkeeper's guests shall bind them to comply therewith. Section 4 . This Act shall become effective on January 1, 1985.

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Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. PEACE OFFICERS' ANNUITY AND BENEFIT FUNDCOMPOSITION OF BOARD OF COMMISSIONERS CHANGED. Code Section 47-17-20 Amended. No. 1155 (House Bill No. 975). AN ACT To amend Code Section 47-17-20 of the Official Code of Georgia Annotated, relating to the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, so as to change the composition of said board; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 47-17-20 of the Official Code of Georgia Annotated, relating to the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-17-20 to read as follows: 47-17-20. (a) In order to carry out this chapter and to perform the duties fixed in it, there is created the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund. The board shall be composed of six members, as follows:

Page 927

(1) The Governor or the Governor's designee; (2) The Attorney General or the Attorney General's designee; (3) The Insurance Commissioner or the Insurance Commissioner's designee; (4) A peace officer actively employed by an agency of the state or a retired peace officer who was employed by an agency of the state upon retirement; (5) A peace officer actively employed by a county or a retired peace officer who was employed by a county upon retirement; and (6) A peace officer actively employed by a municipality or a retired peace officer who was employed by a municipality upon retirement. (b) Each of the members provided for under paragraphs (4), (5), and (6) of subsection (a) of this Code section shall be an active member of the fund or a retired peace officer who is a beneficiary of the fund. Each such member shall be appointed by the Governor to take office on July 1, 1984. The initial member appointed pursuant to paragraph (4) of subsection (a) of this Code section shall be the successor to incumbent board member, Sergeant Robert Brown, whose regular term of office expires October 31, 1984, and the term of said incumbent member is shortened to expire on June 30, 1984; and the initial term of the successor appointed by the Governor shall be one year. The initial member appointed pursuant to paragraph (5) of subsection (a) of this Code section shall be the successor to incumbent board member, Captain Raymond Purvis, whose regular term of office expires on October 31, 1985, and the term of said incumbent member is shortened to expire on June 30, 1984; and the initial term of the successor appointed by the Governor shall be two years. The initial member appointed pursuant to paragraph (6) of subsection (a) of this Code section shall be the successor to incumbent board member, Sergeant Terry McAfee, whose regular term of office expires October 31, 1984, and the term of said incumbent member is shortened to expire on June 30, 1984; and the initial term of the successor appointed by the Governor shall be three years. Thereafter, successors to such members shall be appointed by the Governor to take

Page 928

office upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified. (c) If a vacancy occurs in a position on the board held by one of the members appointed pursuant to subsection (b) of this Code section, the Governor shall fill such vacancy for the unexpired term within 30 days after the date the vacancy occurred. The members of the board shall receive the same expense allowance as that received by members of the General Assembly and the same mileage allowance for the use of a personal automobile as that received by other state officials or employees or a travel allowance of actual transportation costs if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of the member's duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal automobile as that received by other state officials and employees or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. The board, by regulation, shall provide for the submission and approval of expense vouchers in conformity with the requirements of this subsection. (d) The board shall elect from its members a chairman and a vice-chairman. (e) A majority of the members of the board shall constitute a quorum for the purpose of transacting all business that may come before the board. (f) The executive committee of the Peace Officers' Association of Georgia shall submit to the Governor a list of three names for each person to be appointed by the Governor pursuant to subsection (b) of this Code section as a member of the board. In making appointments pursuant to subsection (b) of this Code section, the Governor may consider the names submitted by the executive committee, but it is specifically provided that the appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to choose any appointee from names submitted by the executive committee.

Page 929

Section 2 . This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law for the purpose of allowing the Governor to consider appointments pursuant to said quoted Code Section 47-17-20 of Section of this Act. This Act shall become effective for all purposes on July 1, 1984. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIACOMPOSITION OF BOARD OF COMMISSIONERS CHANGED. Code Section 47-14-20 Amended. No. 1156 (House Bill No. 978). AN ACT To amend Code Section 47-14-20 of the Official Code of Georgia Annotated, relating to the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, so as to change the composition of said board; to provide for other matters relative thereto; 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 47-14-20 of the Official Code of Georgia Annotated, relating to the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-14-20 to read as follows:

Page 930

47-14-20. (a) There is created the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia. The board shall consist of seven members as follows: (1) The Governor or the Governor's designee; (2) The Attorney General or the Attorney General's designee; and (3) Five superior court clerks who shall be members of the fund, provided that at least one but not more than two of such clerks shall be retired clerks receiving retirement benefits pursuant to this chapter. (b) The members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor. The first such members shall be appointed by the Governor to take office on July 1, 1984, for initial terms as follows: Two such members shall be appointed for terms of one year; two such members shall be appointed for terms of two years; and one such member shall be appointed for a term of one year. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board. (c) The board shall elect a chairman from the clerks serving as members of the board who actively hold office as superior court clerks. The term of the chairman shall be established by rules of the board. (d) If a vacancy occurs in the membership of the board appointed pursuant to subsection (b) of this Code section, the remaining members of the board shall elect a person meeting the qualifications specified by paragraph (3) of subsection (a) of this Code section to fill such vacancy for the unexpired portion of the term. (e) Four members of the board shall constitute a quorum for the transaction of business.

Page 931

(f) All of the members of the board shall serve without pay, but they shall be reimbursed for their actual expenses in attending meetings of the board and performing the duties required of them as members of the board. (g) The Superior Court Clerks' Group of the County Officers' Association of Georgia shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider the nominees made by said Superior Court Clerks' Group in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by said Superior Court Clerks' Group. Section 2 . The positions of membership on the Board of Commissioners of the Superior Court Clerks' Retirement Fund, except for the Governor and the Attorney General, existing on June 30, 1984, shall stand abolished on July 1, 1984. Section 3 . This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law for the administrative purpose of allowing the Governor to consider appointments pursuant to quoted Code Section 47-14-20 of Section 1 of this Act. This Act shall become effective for all purposes on July 1, 1984. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

Page 932

JUDGES OF THE PROBATE COURTS RETIREMENT FUNDCOMPOSITION OF BOARD OF COMMISSIONERS CHANGED. Code Section 47-11-20 Amended. No. 1157 (House Bill No. 979). AN ACT To amend Code Section 47-11-20 of the Official Code of Georgia Annotated, relating to the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the composition of the board; to provide for other matters relative thereto; 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 47-11-20 of the Official Code of Georgia Annotated, relating to the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking said Code section, which reads as follows: 47-11-20. (a) There is created the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia. The board shall consist of six members. The Governor, the Attorney General, and the Chairman of the Judges of the Probate Courts Group of the County Officers Association of Georgia shall be ex officio members of the board. The other three members of the board shall be elected by the Judges of the Probate Courts Group at the annual meeting of such group. The Judges of the Probate Courts Group shall elect one member at the annual meeting each year for a term of three years. The terms of all members elected from the Judges of the Probate Courts Group, including the chairman of that group, shall begin on the first day of January following their election. The terms of the Governor and the Attorney General shall commence upon their taking their respective oaths of office and entering upon the duties thereof.

Page 933

(b) The members of the board who are elected from the Judges of the Probate Courts Group and the chairman of the Judges of Probate Courts shall serve without pay but shall be reimbursed for their actual expenses. The Governor and the Attorney General shall be compensated as provided by law for ex officio officers. (c) If a vacancy occurs on the board as a result of the death or disqualification of any member of the board, the remaining members of the board shall appoint a duly qualified and commissioned judge of a probate court to fill the vacancy on the board. The judge of the probate court so appointed shall assume the duties of membership immediately upon his appointment and shall serve for the remainder of the unexpired term of the member whose seat is vacant. This subsection shall not apply to vacancies resulting from the death or disqualification of the Governor or the Attorney General., in its entirety and substituting in lieu thereof a new Code Section 47-11-20 to read as follows: 47-11-20. (a) There is created the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia. The board shall consist of six members as follows: (1) The Governor or the Governor's designee; (2) The Attorney General or the Attorney General's designee; and (3) Four judges of the probate courts who are members of the fund. (b) The members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor. The first such member shall be appointed by the Governor to take office on July 1, 1984, for initial terms as follows: one such member shall be appointed for one year; one such member shall be appointed for a term of two years; and two such members shall be appointed for terms of three years. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board.

Page 934

(c) The board shall elect a chairman from among its own membership to serve for a term as chairman established by rules of the board. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall serve without compensation but may be reimbursed for travel and other expenses incurred by them in carrying out their duties as members of the board. (d) In the event of a vacancy in the membership of the board appointed by the Governor, the remaining members of the board shall appoint a judge of the probate court who is a member of the fund to fill such vacancy for the unexpired term. (e) The Judges of the Probate Courts Group of the County Officers Association of Georgia shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider the nominees made by said Judges of the Probate Courts Group in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by said Judges of the Probate Courts Group. Section 2 . The positions of membership on the Board of Commissioners of the Judges of the Probate Courts Retirement Fund, except for the Governor and the Attorney General, existing on June 30, 1984, shall stand abolished on July 1, 1984. Section 3 . This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law for the administrative purpose of allowing the Governor to consider appointments pursuant to quoted revised Code Section 47-11-20 of Section 1 of this Act. This Act shall become effective for all purposes on July 1, 1984. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

Page 935

LICENSES TO CARRY PISTOLS OR REVOLVERSINVESTIGATION PROCEDURES FOR RENEWAL CHANGED. Code Section 16-11-129 Amended. No. 1158 (House Bill No. 982). AN ACT To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, so as to change investigation procedures for renewal of licenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, is amended by adding at the end of subsection (c) of said Code section a new paragraph (3) to read as follows: (3) In the case of an applicant for a renewal of a license, the judge of the probate court may, in his discretion, direct that the local county law enforcement agency request a search of the criminal history file and wanted persons file of the Georgia Crime Information Center by computer access from that county in lieu of transmitting the application and forms. Section 2 . This Act shall become effective upon its approval by 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 28, 1984.

Page 936

EXEMPTIONS FROM REAL ESTATE TRANSFER TAXDIVISION OF JOINTLY OWNED PROPERTY ADDED. Code Section 48-6-2 Amended. No. 1159 (House Bill No. 1112). AN ACT To amend Code Section 48-6-2, relating to exemptions from real estate transfer tax, so as to provide an exemption for divisions of jointly owned property; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 48-6-2, relating to exemptions from real estate transfer tax, is amended by striking paragraphs (7) and (8) and inserting new paragraphs (7), (8), and (9) to read as follows: (7) Any deed issued in lieu of foreclosure if the deed issued in lieu of foreclosure is for a purchase money deed to secure debt that has been in existence and properly executed and recorded for a period of 12 months prior to the recording of the deed in lieu of foreclosure; (8) Transfer of property which is acquired as provided in Code Sections 32-3-2 and 32-3-3; and (9) Any deed, instrument, or other writing which effects a division of real property among joint tenants or tenants in common if the transaction does not involve any consideration other than the division of the property. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

Page 937

FIDUCIARIESNUMBER OF PUBLICATIONS OR ADVERTISEMENTS RELATING TO DISCHARGE OR DISMISSION REDUCED. Code Titles 29 and 53 Amended. No. 1160 (House Bill No. 1078). AN ACT To provide for the reduction or waiver of certain publications or advertisements by fiduciaries; to amend Article 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to removal, resignation, settlement, and letters of dismission of guardians, so as to reduce the required number of publications for applications for dismission; to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estates, so as to reduce the number of publications or to eliminate by waiver the publication of certain citations by administrators or executors; to provide for all 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 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to removal, resignation, settlement, and letters of dismission of guardians, is amended by striking in its entirety Code Section 29-2-84, relating to obtaining letters of dismission, and inserting in its place a new Code Section 29-2-84 to read as follows: 29-2-84. Letters of dismission may be granted by the judge of the probate court to any guardian upon compliance with the procedure outlined in this Code section. The guardian shall make an application in writing for letters of dismission, setting forth his full discharge of the duties of his trust. The judge of the probate court shall examine the guardian's accounts and vouchers to verify the truth of the application. The application shall be published one time in the public newspaper in which legal notices of the office of the judge of the probate court are usually published. Thereafter, the judge shall examine any objections filed. Proof shall be offered to show that the ward is of age or that there is no longer a necessity for continuing the guardianship.

Page 938

Section 2 . Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estates, is amended by striking in its entirety Code Section 53-6-27, relating to citation and notice of application for letters of administration, and inserting in its place a new Code Section 53-6-27 to read as follows: 53-6-27. (a) The judge of the probate court shall issue a citation, giving notice of the application to all concerned, in the newspaper in which the county advertisements are usually published, once a week for four weeks. At the first regular term after the expiration of that time, the application shall be heard or regularly continued. The order granting letters of administration or letters testamentary shall be granted only at a regular term. (b) Publication of the citation giving notice of an application for letters of administration may be waived by the judge of the probate court if there is filed with the application an agreement signed by all of the heirs approving the grant of letters of administration to the applicant. Notwithstanding subsection (a) of this Code section, if publication is waived by the judge of the probate court, letters of administration may issue after hearing whether at a regular term or in vacation. Section 3 . Said title is further amended by striking in its entirety Code Section 53-6-29, relating to granting of administration with the will annexed, and inserting in its place a new Code Section 53-6-29 to read as follows: 53-6-29. Administration with the will annexed is granted when the decedent died testate but no executor is nominated or none appears to qualify and execute the will. If the executor appointed is disqualified for being under the age of majority, the letters may be granted until the disability ceases. If an administrator with the will annexed is named by the beneficiaries under a will who are capable of expressing a choice as authorized by paragraph (11) of Code Section 53-6-24, then no publication of citation shall be required and letters may issue without further delay. Section 4 . Said title is further amended by adding at the end of Code Section 53-6-31, relating to application for appointment as administrator de bonis non, a new subsection (c) to read as follows:

Page 939

(c) Issuance and publication of the citation giving notice of an application for letters of administration de bonis non may be waived by the judge of the probate court if there is filed with the application an agreement signed by all persons interested in the estate approving the grant of letters of administration de bonis non to the applicant. Section 5 . Said title is further amended by striking in its entirety Code Section 53-7-140, relating to certain petitions for discharge, and inserting in its place a new Code Section 53-7-140 to read as follows: 53-7-140. An administrator or executor who has fully discharged all his duties may petition the judge of the probate court to pass an order discharging him from his trust. Upon the petition a citation shall issue, requiring all persons concerned to show cause against the granting of the discharge. The citation shall be published one time in the newspaper in which the county advertisements are published. Section 6 . Said title is further amended by striking in its entirety subsection (a) of Code Section 53-10-2, relating to issuance and publication of certain citations, and inserting in its place a new subsection (a) to read as follows: (a) Upon the filing of a petition for an order to dispense with administration, the judge of the probate court shall issue a citation, which shall be published in the official gazette of his county one time, requiring all creditors of the estate, if any, and all other interested persons to show cause why an order should not be entered finding that no administration or no permanent administration, as the case may be, is necessary. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

Page 940

OFFENDER REHABILITATIONREQUIREMENT FOR CONSENT OF BOARD RELATING TO SELECTION OF DEPARTMENT PERSONNEL REMOVED. Code Section 42-2-9 Amended. No. 1161 (House Bill No. 1088). AN ACT To amend Code Section 42-2-9 of the Official Code of Georgia Annotated, relating to the selection of department personnel, so as to remove the requirement for consent and approval of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 42-2-9 of the Official Code of Georgia Annotated, relating to the selection of department personnel, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 42-2-9 to read as follows: 42-2-9. The commissioner is authorized to appoint and employ such clerical force as is necessary to carry on the administration of the penal system. He may also employ such experts and technical help as are needed, along with assistants to the commissioner, wardens, superintendents, guards, and other employees necessary for the operation of the state operated institutions where inmates are confined. The commissioner shall establish and maintain in his office a complete roster of all employees in his office and in each of the various institutions operating under the authority of the board. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

Page 941

LOCAL GOVERNMENTFILING OF CERTAIN INFORMATION WITH DEPARTMENT OF COMMUNITY AFFAIRS REQUIRED, ETC. Code Section 36-82-160 Enacted; Section 36-42-9 Repealed. No. 1162 (House Bill No. 1107). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to require the filing with the Department of Community Affairs of certain information with respect to certain bonds, notes, and other obligations issued by any downtown development authority created pursuant to Chapter 42 of Title 36, any development authority created pursuant to Chapter 62 of Title 36, any resource recovery development authority created pursuant to Chapter 63 of Title 36, or any authority created by or pursuant to certain local laws or constitutional amendments; to delete certain provisions requiring downtown development authorities created pursuant to Chapter 42 of Title 36 to file certain information with the Department of Community Affairs; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding at the end of Chapter 82, relating to bonds, a new Article 7 to read as follows: ARTICLE 7 36-82-160. (a) Any downtown development authority created pursuant to Chapter 42 of this title, any development authority created pursuant to Chapter 62 of this title, any resource recovery development authority created pursuant to Chapter 63 of this title, and any other authority created by or pursuant to a local law or local constitutional amendment for the purpose of developing or promoting trade, commerce, industry, or employment opportunities or for other similar purposes shall file with the Department of Community

Page 942

Affairs a statement with respect to all bonds, notes, and other obligations which such authority issues, 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. Such filing shall be deemed to be made upon mailing to the Department of Community Affairs in Atlanta, Georgia. Failure to make such filing shall not affect the validity of any bonds, notes, or other obligations. A statement shall be filed, with respect to all bonds, notes, and other obligations issued by an authority during each calendar quarter, not later than the fifteenth day of the second calendar month after the close of the calendar quarter. Such statement may, at the authority's option, be filed separately with respect to each issue at the time of issuance or at any time thereafter through the fifteenth day of the second calendar month after the close of the calendar quarter during which such bonds, notes, or other obligations were issued. The Department of Community Affairs may, for cause shown, grant an extension of the time within which such filing is required. The requirements of this subsection shall apply to bonds, notes, and other obligations which are issued on or after July 1, 1984. (b) The Department of Community Affairs may prescribe or designate a form on which the information required subsection (a) of this Code section shall be filed. Any form required by the federal government and requesting information similar to that required by subsection (a) of this Code section may be so designated by the Department of Community Affairs, notwithstanding any deviations in the type or amount of information requested by such federal form from the type or amount of information required by subsection (a) of this Code section.

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(c) Notwithstanding anything therein to the contrary, the requirements of subsection (a) of this Code section shall not apply to: (1) Any hospital authority created pursuant to Article 4 of Chapter 7 of Title 31; (2) The Municipal Electric Authority of Georgia, created pursuant to Article 3 of Chapter 3 of Title 46; or (3) The Metropolitan Atlanta Rapid Transit Authority, created pursuant to Ga. L. 1965, p. 2243, as amended. The authorities listed above are specifically excluded in order to make clear that subsection (a) of this Code section does not apply to them, but such specific exclusion is not intended to imply that these authorities would otherwise be covered by subsection (a) of this Code section. Section 2 . Said title is further amended by striking in its entirety subsection (c) of Code Section 36-42-9, relating to revenue bonds of downtown development authorities, which reads as follows: (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

Page 944

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., and inserting in its place the following: (c) Reserved. 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 28, 1984. COMMERCE AND TRADEPENALTIES FOR INFRINGEMENT OF REGISTERED TRADEMARKS OR SERVICE MARKS. Code Section 10-1-451 Amended. No. 1163 (House Bill No. 1123). AN ACT To amend Code Section 10-1-451 of the Official Code of Georgia Annotated, relating to injunctions against infringement of registered trademarks or service marks, so as to authorize a court to order to require that a defendant pay to the owner of a registered trademark or

Page 945

service mark the profits derived from wrongful manufacture, use, display, or sale of counterfeits or imitations, and all damages suffered by reason of such wrongful manufacture, use, display, or sale of counterfeits or imitations, or both profits and damages; to authorize the destruction of counterfeit goods; to provide for the disposal of such goods; to provide for seizure of counterfeit goods under certain circumstances; to provide a procedure for such seizure; to provide for liability for seizure of noncounterfeit or noninfringing goods; 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 10-1-451 of the Official Code of Georgia Annotated, relating to injunctions against infringement of registered trademarks or service marks, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 10-1-451 to read as follows: 10-1-451. (a) Any owner of a trademark or service mark registered under this part may proceed by action to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof; and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by the court deemed just and reasonable and may require the defendants to pay to such owner all profits derived from such wrongful manufacture, use, display, or sale, and all damages suffered by reason of such wrongful manufacture, use, display, or sale, or both profits and damages. The enumeration of any right or remedy in this part shall not affect a registrant's right to prosecute under any penal law of this state. (b) Every person, association, or union of working men adopting and using a trademark, trade name, label, or form of advertisement may proceed by action; and all courts having jurisdiction thereof shall grant injunctions to enjoin subsequent use by another of the same or any similar trademark, trade name, label, or form of advertisement if there exists a likelihood of injury to business reputation or of dilution of the distinctive quality of the trademark, trade name, label, or form of advertisement of the prior user, notwithstanding the absence of competition between the parties or of confusion as to the source of goods or services, except that this Code section shall not deprive any party of any vested lawful rights acquired prior to March 4, 1955.

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(c) If, in any action brought under this Code section, the court determines that a trademark or service mark is counterfeit, the court may order the destruction of all such trademarks or service marks and all goods, articles, or other matter bearing the trademarks or service marks, which are in the possession or control of the court or any party to the action; or, after obliteration of the counterfeit trademark or service mark, the court may order the disposal of any of those materials to the State of Georgia, a civil claimant, an eleemosynary institution, or any appropriate private person other than the person from whom the materials were obtained. (d) (1) The court, upon motion or upon ex parte application by a plaintiff in an action to enjoin the manufacture, use, display, or sale of counterfeits, may order seizure of the counterfeit goods from persons manufacturing, displaying for sale, or selling the goods, upon a showing of good cause and a probability of success on the merits and upon the posting of bond. The amount of the bond shall be set in accordance with the probable recovery of damages and costs under subsection (e) of this Code section if it were ultimately determined that the goods seized were not counterfeit. If it appears from an ex parte application that there is good reason for proceeding without notification to the defendant, the court may, for good cause shown, waive the requirement of notice for the ex parte proceeding. The order of seizure shall be served at the time of seizure upon any person from whom seizure is effected. The order shall specifically set forth: (A) The date or dates on which the seizure is ordered to take place; (B) A description of the counterfeit goods to be seized; (C) The identity of the persons or class of persons to effect seizure; (D) A description of the location or locations at which seizure is to occur; and (E) A hearing date not more than ten court days after the last date on which seizure is ordered at which any person from whom goods are seized may appear and seek release of the seized goods.

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(2) The order shall include a statement advising the person from whom the goods are seized that bond has been filed, informing the person of the right to object to the bond on the grounds that the surety or the amount of the bond is insufficient, and advising the person from whom the goods are seized that such objection to the bond shall be made within 30 days after the date of seizure. (e) (1) Any person who causes seizure of goods which are not counterfeits shall be liable in an amount equal to the following: (A) Any damages proximately caused to any person having a financial interest in the seized goods by the seizure of goods which are not counterfeit; (B) Costs incurred in defending against seizure of noncounterfeit goods; and (C) Upon a showing that the person causing the seizure to occur acted in bad faith, expenses, including reasonable attorneys' fees expended in defending against the seizure of any noncounterfeit or noninfringing goods. (2) A person seeking a recovery pursuant to this subsection may join any surety on a bond posted pursuant to subsection (d) of this Code section, and any judgment of liability shall bind the person liable and the surety jointly and severally, but the liability of the surety shall be limited to the amount of the bond. (3) Any person entitled to seek recovery under this subsection may, within 30 days after the date of seizure, object to the bond on the grounds that the surety or the amount of bond is insufficient. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

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TAX EXECUTIONSRETURN TO APPROPRIATE COURT. Code Section 48-3-12 Amended. No. 1164 (House Bill No. 1138). AN ACT To amend Code Section 48-3-12 of the Official Code of Georgia Annotated, relating to issuance of garnishments by tax collectors and tax commissioners and proceedings thereon, so as to provide that the tax execution shall be returned to the appropriate 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 48-3-12 of the Official Code of Georgia Annotated, relating to issuance of garnishments by tax collectors and tax commissioners and proceedings thereon, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) The tax collector or tax commissioner shall enter on the execution the names of the persons garnished and shall return the execution to the appropriate court. All subsequent proceedings shall be the same as provided by law regarding garnishments in other cases when judgment has been obtained or execution issued. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

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BANKING AND FINANCELAW AMENDED. Code Title 7, Chapters 1 and 4 Amended. No. 1165 (House Bill No. 1149). AN ACT To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to redefine the term savings and loan association; to change the statute of limitations on all causes of action which may accrue to any financial institution over whose affairs the department is receiver; to provide for the termination of executory contracts and leases to which a financial institution is a party under certain conditions; to provide for the purchase and assumptions of all or part of the assets of a financial institution over whose affairs the department is receiver; to authorize the department to establish higher loan limits for directors or policy-making officers of a bank or trust company; to clarify existing law with respect to the right of the parties to agree by written contract that unpaid interest when due may be added to the unpaid principal balance of the indebtedness, and that the increased principal balance of the indebtedness bear interest pursuant to the terms of the contract, where such indebtedness is secured by a pledge or assignment of instruments evidencing loans having first priority on real estate; 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 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking paragraph (31) of Code Section 7-1-4, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (31) to read as follows: (31) `Savings and loan association' means an association created pursuant to the Home Owners' Loan Act of 1933, 12 U.S.C. Sections 1461-1468, including a federal savings bank. Section 2 . Said title is further amended by striking Code Section 7-1-173, relating to bringing or defending actions, in its entirety and substituting in lieu thereof a new Code Section 7-1-173 to read as follows:

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7-1-173. (a) For the purpose of executing any of the powers and performing any of the duties respectively conferred or imposed upon it, as receiver, by this chapter, the department may, in its name as receiver of such financial institution, prosecute any action at law or in equity in any court of this state or of any other state or in any federal court, whether or not such action is pending on behalf of the financial institution at the time it takes possession. It may likewise defend any action at law or in equity pending against the financial institution at the time it takes possession. The department may, in its name as receiver of a corporation, institute and maintain any action which any director, officer, or such corporation or any shareholder or creditor thereof could have instituted or maintained. (b) Notwithstanding the provisions of other laws to the contrary, the statute of limitations on all causes of action which may accrue to any financial institution over whose affairs the department is receiver shall be extended for a period of six months. Section 3 . Said title is further amended by adding a new Code Section 7-1-175 immediately following Code Section 7-1-174 to read as follows: 7-1-175. Within 180 days after the department takes possession of a financial institution, the department, as receiver, may at its election reject any executory contract to which the financial institution is party without further liability to the financial institution or the receiver or may reject any obligation of the financial institution as a lessee of real or personal property. The department's election to reject a lease creates no claim for rent other than rent accrued to the date of termination or for actual damages, if any, for such termination, not to exceed the equivalent of six months' payment. Section 4 . Said title is further amended by adding a new Code Section 7-1-176 immediately following Code Section 7-1-175 to read as follows: 7-1-176. (a) Whenever the department as receiver, with leave of court as provided in Code Section 7-1-156, undertakes to sell all or part of the assets of a financial institution in its possession in consideration of the assumption by the purchaser of the liabilities due to depositors and other creditors other than the holders of subordinated securities, the department shall be under no further obligation to file any inventory, appraisement, partial accounting, or deliver any

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notice to creditors other than holders of subordinated securities until the filing of the final accounting unless otherwise directed by the court. (b) Notwithstanding any other law to the contrary, in facilitation of a purchase of assets and assumption of liabilities as described in subsection (a) of this Code section, all or any part of the assets may be sold to the deposit insurer for the financial institution in liquidation notwithstanding such insurer's capacity as receiver or deputy receiver of the financial institution. Such insurer as receiver or deputy receiver may also borrow from itself in its corporate capacity any amounts necessary to facilitate the assumption of deposit liabilities by an existing financial institution or a newly chartered financial institution, assigning any part or all of the assets of the closed bank as security for such loan. Section 5 . Said title 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 or such higher amount as the department may establish which is not in excess of the limits set forth in Code Section 7-1-285. Section 6 . Said title is further amended by striking Code Section 7-4-17, relating to the requirement that payment upon any debt be applied first to interest and that no interest be paid upon unpaid interest and exceptions, in its entirety and substituting in lieu thereof a new Code Section 7-4-17 to read as follows: 7-4-17. When a payment is made upon any debt, it shall be applied first to the discharge of any interest due at the time, and the balance, if any, shall be applied to the reduction of the principal. If the payment does not extinguish the interest then due, no interest shall be calculated on such balance of interest and interest shall be calculated only on the principal amount up to the time of the next payment. Notwithstanding the foregoing restrictions against charging interest on unpaid interest, on loans having first priority on real estate and on loans secured by the pledge or assignment of instruments

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evidencing loans having first priority on real estate, the parties by written contract may lawfully agree that unpaid interest when due shall be added to the unpaid principal balance of the indebtedness and that the increased principal balance of the indebtedness bear interest pursuant to the terms of the contract. 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 28, 1984. CREDIT UNION DEPOSIT INSURANCE CORPORATIONELIGIBILITY FOR MEMBERSHIP, INSURANCE PREMIUMS, ETC. Code Title 7, Chapter 2 Amended. No. 1166 (House Bill No. 1160). AN ACT To amend Chapter 2 of Title 7 of the Official Code of Georgia Annotated, relating to the Credit Union Deposit Insurance Corporation, so as to provide that any financial institution chartered under the laws of the United States or any state or territory of the United States shall be eligible for membership in the corporation and for deposit insurance coverage written by the corporation; to provide for amendments to the articles of incorporation of member financial institutions; to change the powers of the corporation; to provide the conditions of membership; to provide for a membership fee; to provide for refunds; to provide for regular annual premiums; to provide for variable rate premiums; to provide for special assessments under certain conditions; to provide that the corporation may insure

Page 953

or partially insure the uninsured shares and deposits of any financial institution; to provide that financial institutions having excess deposit insurance coverage shall not be required to be members of the corporation by virtue of such insurance coverage; to provide that any other company which is engaged in the insurance of deposits in financial institutions may insure deposits of financial institutions in this state when approved by the department; to provide that any other company writing insurance coverage on deposits shall be subject to the jurisdiction of the department; to provide that the department shall forward copies or summaries of all examination reports of member financial institutions to the corporation; to provide for additional examinations or audits under certain conditions; to authorize the board of directors of the corporation to order corrective action be taken or revoke the membership of financial institutions and recommend liquidations; to provide the procedures for liquidation by the department; to provide for a hearing and administrative review of decisions or orders of the department; to provide that all administrative remedies must be exhausted before judicial review; 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 2 of Title 7 of the Official Code of Georgia Annotated, relating to the Credit Union Deposit Insurance Corporation, is amended by striking Code Section 7-2-1, relating to incorporation procedures, in its entirety and substituting in lieu thereof a new Code Section 7-2-1 to read as follows: 7-2-1. (a) Within one year after July 1, 1974, the duly authorized representatives of not less than three credit unions chartered and existing under the laws of this state may petition the Secretary of State for incorporation of a nonprofit credit union deposit insurance corporation, hereinafter referred to as the `corporation.' Such petition shall be accompanied by articles of incorporation in triplicate which shall include the following: (1) The name of the proposed corporation, which shall include the words `deposit insurance corporation,' and no corporation other than one incorporated pursuant to this chapter shall use the words in sequence `deposit insurance corporation';

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(2) The location of its initial registered office; (3) The purpose and nature of the business of the corporation, which shall be to aid and assist any member financial institution which is in liquidation or facing liquidation due to insolvency in order that the deposits and shares of any member shall be insured or guaranteed against loss in such amounts as may from time to time be established by the board of directors of the corporation pursuant to this chapter; (4) Membership in the corporation, which shall be limited, except as otherwise expressly provided, to financial institutions, approved for membership by the directors of the corporation upon recommendation of the Department of Banking and Finance of this state, hereinafter referred to as the `department'; and (5) The term of existence of the corporation, which shall be perpetual unless otherwise limited. (b) Upon receipt of the articles, the Secretary of State shall forward one copy to the department. (c) Before the articles are approved by the department, an appropriate investigation shall be made by the department for the purpose of determining: (1) Whether the articles conform to this chapter; (2) The general character and fitness of the petitioners; (3) The economic advisability of establishing the proposed corporation; and (4) Whether such corporation would cause undue harm to a corporation already existent under this chapter. Upon approval of the articles in writing by the department, such written approval shall be delivered to the Secretary of State. (d) Upon receipt of the approval of the department, the Secretary of State shall thereupon issue a certificate of incorporation to the petitioners.

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Section 2 . Said chapter is further amended by striking Code Section 7-2-2, relating to amendments to articles, in its entirety and substituting in lieu thereof a new Code Section 7-2-2 to read as follows: 7-2-2. Amendments to the articles of incorporation, adopted by a vote of two-thirds of the member financial institutions present at an annual meeting or a special meeting called for that purpose, shall be filed with the Secretary of State in the same manner as the original articles and shall become effective upon approval by the department and subsequent notification of the Secretary of State. Section 3 . Said chapter is further amended by striking Code Section 7-2-4, relating to powers, in its entirety and substituting in lieu thereof a new Code Section 7-2-4 to read as follows: 7-2-4. The corporation may: (1) Enter into contracts, including contracts for reinsurance; (2) Sue and be sued; (3) Adopt, use, and display a corporate seal; (4) Advance funds, in accordance with agreed terms and conditions, to aid member financial institutions to operate and to meet liquidity requirements; (5) Assume control of the property and business of any member financial institution upon the written direction of the department and operate the financial institution in accordance with the recommendations of the department; (6) Assist in the merger, consolidation, or liquidation of member financial institutions; (7) Receive money or other property from its member financial institutions or from any corporation, association, or person; (8) Invest its funds in such manner as permitted to credit unions under the laws of this state and in such other manner as may be approved by the department;

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(9) Borrow money from any source upon such terms and conditions as the board of directors may determine; (10) Purchase in its own name, hold, and convey property of any nature necessary for the convenient transaction of its business; (11) Receive by assignment or purchase from its members any property of any nature owned by those members; (12) Sell, assign, mortgage, encumber, or transfer property of any nature; (13) Declare and pay dividends on membership fees with the approval of the department; and (14) Adopt and amend bylaws, rules, and regulations carrying out the purposes of the corporation. Section 4 . Said chapter is further amended by striking Code Section 7-2-5, relating to acquisition and termination of membership, in its entirety and substituting in lieu thereof a new Code Section 7-2-5 to read as follows: 7-2-5. (a) Any financial institution, as defined in Code Section 7-1-4 or chartered under the laws of the United States or of any state or territory of the United States, may become a member of the corporation upon application by its directors, recommendation of the department, and approval of the directors of the corporation. (b) Before making its recommendation, the department shall consider: (1) The history, financial condition, and management policies of the applicant; (2) The economic advisability of insuring the applicant without undue risk to the fund; (3) The general character and fitness of the applicant's management; and

Page 957

(4) The convenience and needs of the members to be served by the applicant. (c) Membership in the corporation may be terminated upon 30 days' written notice to the corporation and after providing evidence satisfactory to the department that alternate, comparable insurance of deposits has been obtained by the financial institution. Upon termination of membership, the financial institution shall be entitled to the refunds set forth in subsection (d) of Code Section 7-2-7. Section 5 . Said chapter is further amended by striking Code Section 7-2-7, relating to membership fees and refunds of fees, assessments, and premiums, in its entirety and substituting in lieu thereof a new Code Section 7-2-7 to read as follows: 7-2-7. (a) Each financial institution accepted for membership shall be required to pay a membership fee of 1 percent of the deposits and shares of the financial institution up to $1 million, plus one-half of 1 percent of the deposits and shares from $1 million to $5 million, plus one-fourth of 1 percent of the deposits and shares over $5 million. Payment of the membership fee may be made in three equal installments, the first installment being due upon the approval of the application of the member financial institution and being in an amount of not less than $10.00 and the remaining two installments being due annually thereafter in amounts of not less than $10.00 each year. (b) The membership fee shall be maintained on an annual basis in the same ratio to deposits and shares as the original membership fee bore to the total of deposits and shares at the time the financial institution initially joined the corporation. Such annual adjustments to the membership fee shall be paid or refunded concurrently with the payment of the annual insurance premium and shall be calculated upon the same deposit and share base as is used in the calculation of the annual premium. (c) Membership fees, when paid by the individual member financial institution, may be charged to its regular reserve account or undivided earnings or may be established as an asset or charged in such other manner as may be approved by the department. (d) The membership fee of each member financial institution may be refunded in whole or in part to the extent that the unencumbered

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funds of the corporation exceed 2 percent of the aggregate total deposits and shares of the member financial institutions as determined by the most recent call report of condition submitted to the department. Special assessments levied pursuant to subsection (b) of Code Section 7-2-8 may be repaid in such manner as may be approved by the directors of the corporation with approval by the department. Refunds may be paid only to members of the corporation at the time of declaration by the directors of the corporation in proportion to their paid-in membership fees. (e) Upon termination or revocation of membership, the financial institution shall be entitled to refunds as follows: (1) Membership fees in full within 30 days; (2) Pro rata portion of annual premium which is unearned by the corporation in full within 30 days; and (3) Any special assessment in accordance with its terms. Section 6 . Said chapter is further amended by striking Code Section 7-2-8, relating to premiums and special assessments and distribution of assets on liquidation, in its entirety and substituting in lieu thereof a new Code Section 7-2-8 to read as follows: 7-2-8. (a) A regular annual premium, not to exceed one-twelfth of 1 percent of the deposits and shares of the member financial institution, shall be levied by the directors of the corporation. Such premium may be raised, lowered, waived, or refunded, in whole or in part, with prior approval by the department, in the event that the total funds held by the corporation justify or require such change. The corporation may charge its financial institutions variable rate premiums based upon determination of risk to the fund, provided that such risk rating is made according to formulas adopted by the directors of the corporation and approved by the department. (b) In the event of potential impairment of the corporation's funds, special assessments may be levied by the directors of the corporation with the prior approval of the department, provided that such special assessments shall not exceed, in the aggregate, 1 percent of the deposits and shares of each member financial institution. Such special assessments shall be in the form of loans from the member financial institution to the corporation.

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(c) Membership fees, annual premiums, and special assessments shall be based upon deposits and shares of member financial institutions as reported to the department in its most recent call report of condition and shall be payable within 30 days of the date on which the corporation notifies its members of any such premium or assessment. (d) Annual premiums paid under this Code section shall be charged to the operating expenses of each member financial institution. (e) In the event of liquidation of the corporation, all assets remaining after the payment or provision for payment of all debts and taxes and expenses of liquidation shall be distributed to the then existing member financial institutions in proportion to their membership fees paid into the corporation. Section 7 . Said chapter is further amended by striking Code Section 7-2-9, relating to insurance of deposits and shares, in its entirety and substituting in lieu thereof a new Code Section 7-2-9 to read as follows: 7-2-9. (a) Upon receipt of the first installment of the prescribed membership fee from the financial institutions which have agreed to become members of the corporation as provided in this chapter, the corporation may commence its insurance of the deposits and shares of the member financial institutions. (b) Each insured financial institution may advise its members and advertise that its deposits and shares are insured by the corporation, in such manner established by the directors of the corporation and approved by the department, upon receipt of a notification from the corporation that it has been accepted for membership in the corporation by its directors and upon payment of any required premiums or fees. (c) The amount of insurance coverage on deposits and shares provided by the corporation may be increased from time to time by the directors of the corporation with the approval of the department; provided, however, that in no event may the insurance be increased to an amount greater than the largest amount insured by the Federal Deposit Insurance Corporation, the Federal Savings Loan Insurance Corporation, or the National Credit Union Administration.

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(d) The corporation may insure or partially insure the uninsured shares and deposits of any financial institution primarily insured by it or some other governmental or private insurance program, at a cost to be determined by the directors of the corporation with the approval of the department, provided the department approves the financial institution for such coverage. Financial institutions having excess deposit insurance coverage shall not be required to be members of the corporation by virtue of such insurance coverage. (e) No other forms of insurance except that authorized by this Code section may be sold or offered by the corporation. Section 8 . Said chapter is further amended by striking Code Section 7-2-11, relating to exclusive supervision by department and issuance of rules and regulations, in its entirety and substituting in lieu thereof a new Code Section 7-2-11 to read as follows: 7-2-11. (a) The corporation shall not be deemed an insurance company within the meaning of the laws of the State of Georgia relating to insurance or providing for the supervision of insurance companies, but it shall be subject to the exclusive supervision of the department. The department shall exercise the same powers and authority over the corporation as is now or hereafter exercised over banks, credit unions, and building and loan associations under its jurisdiction and shall issue such rules and regulations as shall be necessary to carry out its responsibilities under this chapter. (b) Any other company which is engaged in the insurance of deposits in financial institutions in this state when approved by the department based upon the criteria set forth in subsection (c) of Code Section 7-2-2 shall be subject to the jurisdiction of the department to the extent of its deposit insurance activities and to the same extent as a corporation organized pursuant to this chapter. Nothing contained in this chapter shall amend, modify, or otherwise restrict any authority or jurisdiction possessed by the Commissioner of Insurance prior to July 1, 1984. In the event a conflict exists between this chapter and Title 33, known as the `Georgia Insurance Code,' Title 33 shall control. Section 9 . Said chapter is further amended by striking Code Section 7-2-12, relating to copies of members' reports sent to corporation, additional examinations or audits, and ordering corrective action or revoking membership, in its entirety and substituting in lieu thereof a new Code Section 7-2-12 to read as follows:

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7-2-12. (a) The department shall forward to the corporation copies or summaries of all examination reports of member financial institutions. In the event a summary is provided, the corporation may request a complete and full report. (b) The corporation may request the department to conduct additional examinations or to order independent audits of the records of member financial institutions. The department shall cooperate with the corporation upon such a request but shall use its discretion in determining the scope and timing of such additional examinations or audits. (c) If the directors of the corporation ascertain evidence of carelessness, unsound practices, or mismanagement of any member financial institution which appear[UNK]s to affect adversely the solvency of the financial institution or threatens undue loss to the corporation, the directors may order that corrective action be taken or revoke the membership of the financial institution in the corporation or recommend to the department that the financial institution be liquidated. The department shall be provided a copy of any such order or letter of revocation. In the event of revocation of its membership, the financial institution shall notify all of its members of such revocation and that the deposits and shares are no longer insured by the corporation, provided that, in the event membership is revoked, insurance coverage shall continue in effect for 180 days. No refund required by subsection (e) of Code Section 7-2-7 shall be payable until after insurance coverage is terminated. (d) If any member financial institution shall fail to pay any assessment, premium, or membership fee lawfully required under this chapter, the directors of the corporation shall notify the department, and the department shall forthwith notify the financial institution in writing. The failure of such financial institution to make such payment within 15 days after the said written notice may subject the financial institution to the sanctions set forth in subsection (c) of this Code section. Section 10 . Said chapter is further amended by striking Code Section 7-2-13, relating to administrative review of corporation or department decision and exhaustion of remedies, in its entirety and substituting in lieu thereof a new Code Section 7-2-13 to read as follows:

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7-2-13. (a) If a financial institution is aggrieved by a decision or order of the corporation or if the corporation is aggrieved by a decision or order of the department, the financial institution or the corporation, as the case may be, shall, upon appropriate petition and after due notice, be entitled to a hearing and administrative review of the action before the department, which may stay enforcement of such actions pending the administrative review. (b) Judicial review of such decisions or orders, other than decisions or orders to revoke the membership of a financial institution, shall not be available unless the aggrieved party has sought administrative review under this Code section. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. COUNTY TAX COLLECTORS AND COMMISSIONERSTIME FOR REMITTING TAXES COLLECTED TO COUNTY OFFICIALS. Code Section 48-5-141 Amended. No. 1167 (House Bill No. 1187). AN ACT To amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax collectors, so as to provide for the time at which tax collectors and tax commissioners are required to pay collected county taxes to the proper county officials; to provide for 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 . Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax collectors, is amended by striking Code Section 48-5-141 which reads as follows: 48-5-141. (a) Each tax collector or tax commissioner shall pay over from time to time the county taxes including, but not limited to, any interest, penalties, or other amounts due the county to the proper county officials as required by law as soon as there is collected $3,000.00. If any such official fails to collect $3,000.00 during any week, he shall then pay over on Saturday all he has collected during the week. (b) Tax collectors, tax commissioners, sheriffs, and constables in counties having populations of less than 30,000 shall each pay over from time to time the county taxes to the proper officials as required by law as soon as $5,000.00 has been collected. If any such official fails to collect $5,000.00 during any two consecutive weeks, he shall then pay over on Saturday all he has collected during the prior two weeks together with a list of the taxpayers and the amounts paid by them during the period., and inserting in its place a new Code section to read as follows: 48-5-141. (a) The tax collector or tax commissioner, sheriff, and constables in each county having a population of 30,000 or more shall each week pay over to the proper county officials as required by law the county taxes including, but not limited to, any interest, penalties, or other amounts due the county which he has collected during the week. Such payment shall be made at the same time as the report required by Code Section 48-5-142 and shall be for the period covered by the report. (b) The tax collector or tax commissioner, sheriff, and constables in each county having a population of less than 30,000 shall every two weeks pay over to the proper county officials as required by law the county taxes including, but not limited to, any interest, penalties, or other amounts due the county which he has collected during the two weeks. Such payment shall be made at the same time as the report required by Code Section 48-5-142 and shall be for the period covered by the report.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. EVIDENCEWITNESSESWITNESS FEES FOR CAMPUS POLICEMEN. Code Section 24-10-27 Amended. No. 1168 (House Bill No. 1215). AN ACT To amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and production and preservation of evidence, so as to provide witness fees for campus policemen; 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 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and production and preservation of evidence, is amended by striking Code Section 24-10-27 in its entirety and inserting in lieu thereof a new Code Section 24-10-27 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, or any campus policeman as defined in Code Section 20-8-1 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

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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, the sheriff, or the director of public safety of a college or university 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. Section 2 . This Act shall become effective upon its approval by 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 28, 1984.

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CIVIL PRACTICE AND PROCEDURESERVICE ON DEFENDANT BY SECOND ORIGINAL OUTSIDE COUNTY WHERE ACTION FILED. Code Section 9-10-72 Amended. No. 1169 (House Bill No. 1271). AN ACT To amend Article 3 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to service in civil actions generally, so as to clarify that, in appropriate cases, a singular defendant or multiple defendants may be served by second original outside the county where the action is filed; 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 9 of the Official Code of Georgia Annotated, relating to service in civil actions generally, is amended by striking in its entirety Code Section 9-10-72, relating to issuance of second originals where defendants reside outside of the county in which an action is filed, and inserting in its place a new Code Section 9-10-72 to read as follows: 9-10-72. If the defendant or any of the defendants reside outside the county where the action is filed, the clerk shall issue a second original and copy for such other county or counties and forward the same to the sheriff, who shall serve the copy and return the second original, with his entry thereon, to the clerk of the court from which the same issued. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

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HOSPITALSADDITIONAL STANDARDS FOR ACTING UPON APPLICATIONS FOR STAFF PRIVILEGES. Code Section 31-7-7 Amended. No. 1170 (House Bill No. 1328). AN ACT To amend Code Section 31-7-7 of the Official Code of Georgia Annotated, relating to refusal or revocation of hospital staff privileges, so as to provide for additional standards for acting upon applications for hospital staff privileges; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 31-7-7 of the Official Code of Georgia Annotated, relating to refusal or revocation of hospital staff privileges, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows: (a) Whenever any licensed medical practitioner shall make application for permission to treat patients in any hospital owned or operated by the state, any political subdivision thereof, or any municipality, the hospital shall act in a nondiscriminatory manner upon such application expeditiously and without unnecessary delay considering the applicant on the basis of the applicant's demonstrated training, experience, and competence; but in no event shall final action thereon be taken later than 90 days following receipt of the application; provided, however, whenever the applicant is licensed by any governmental entity outside the continental limits of the United States, the hospital shall have 120 days to take action following receipt of the application. This subsection shall apply solely to applications by licensed medical practitioners who are not members of the staff of the hospital in which privileges are sought at the time an application is submitted and by those not privileged, at such time, to practice in such hospital under a previous grant of privileges.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. MENTAL HEALTHEXPENSES FOR PATIENTS IN STATE INSTITUTIONSASSESSMENT STANDARDS, ETC. Code Title 37, Chapter 9 Amended. No. 1171 (House Bill No. 1339). AN ACT To amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, relating to payment of expenses for patients in state institutions, so as to provide for cost-of-care assessments standards for respite care; to provide for payment of assessments from certain plans and benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Said chapter is amended by striking Code Section 37-9-6, relating to standards for assessments for less than full cost of care, and inserting in its place a new Code section to read as follows: 37-9-6. The board shall establish standards for determining assessments when such assessments are less than the full cost of care. Such standards shall be based on the income, assets, and other circumstances of the persons liable for cost of care and shall include consideration of the number of dependents, as defined under Georgia income tax law and regulations; legal rights to payment under any insurance agreement, and other evidence of ability to pay; but no assessment shall be fixed or collected on the basis of any assets exempted by subsection (b) of Code Section 37-9-8. In establishing

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standards to determine such assessments, the board shall adopt criteria to be applied uniformly to all persons liable for cost of care. Such standards will include special provisions for assessing mentally retarded respite care admissions under Code Section 37-4-21 or any other respite program allowed by law or duly adopted departmental regulations, where such admissions are legally limited to 56 days of care a year. To the extent practicable, such criteria shall ensure that persons having the same or substantially the same financial ability to pay cost of care shall have the same or substantially the same financial obligation to pay such cost of care. Section 2 . Said chapter is further amended by striking Code Section 37-9-9, relating to payment of cost of care from insurance benefits, and inserting in its place a new Code section to read as follows: 37-9-9. In the event the patient is covered by an insurance contract or any other plan or benefit of any nature providing for payment of hospitalization, medical expenses, and other health care services or any combination thereof, such patient or other person liable for the cost of care of such patient shall pay or cause to have paid from such insurance, plan, or benefit without deduction, exemptions, or credits, the full cost of care of the patient, or that portion thereof covered by such insurance, plan, or benefit. The assessment for cost of care of the patient made by the department pursuant to Code Section 37-9-5 shall be for the total amount payable by such insurance, plan, or benefit up to the total cost of care or for that portion of cost of care payable by such insurance, plan, or benefit; and if the proceeds from such insurance, plan, or benefit are less than the total cost of care, such assessment shall include an assessment based on the remaining balance, except where full payment of the balance or a portion thereof is required by a health insurance program or other plan or benefit, in which case the balance or at least the required portion thereof will be the assessment. For the purpose of carrying out this Code section, the department is authorized to accept assignment of benefits payable under such insurance, plans, or benefits; but the department shall not require the assignment of such benefits as a condition precedent to the admission of a patient to a hospital or as a condition precedent to providing services for such patient.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. PROBATE COURTSORDERS SETTING DATE FOR RESPONSE TO PETITIONSGRANTING PETITIONS WITHOUT HEARING, ETC. Code Section 15-9-86.1 Enacted. No. 1172 (House Bill No. 1343). AN ACT To amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to times, places, and procedures for actions of probate courts, so as to provide that, in lieu of specifying a hearing date, notices of applications to judges of the probate courts for the granting of orders may specify that a person served must file a response within a certain time; to provide for hearings and granting of petitions without hearing; to provide for related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to times, places, and procedures for actions of probate courts, is amended by adding a new Code Section 15-9-86.1 to read as follows: 15-9-86.1. (a) In any of the proceedings specified in this Code section with respect to which no citation is required to be published, notice of an application to the judge of the probate court for the granting of an order may, instead of stating the time of the hearing as provided in Code Section 15-9-86 and other specific laws, state that

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the party served must file with the court his response to the petition within ten days after the service of the notice upon him and that if no responses are filed the petition will be granted without hearing. (b) If the specific laws governing a particular proceeding subject to this Code section require that a citation be published, or published and mailed, and also be served personally upon one or more parties, such citation may, instead of stating the time of hearing, state that: (1) Any party who is not ordered to be served personally must file with the court his response to the petition on or prior to a date certain, which shall be a date for which hearing could be set according to the laws governing the particular proceeding; and (2) Any party who is served personally must file with the court his response by the later of the date certain established as provided above or the tenth day after the service of the notice upon him. The citation or the caption of the citation shall identify all parties upon whom personal service has been ordered. (c) Failure of a party served as provided in subsection (a) or (b) of this Code section to file with the court his response to a petition within the time required shall constitute a waiver of the right of such party to object to the petition and a waiver of any right of such party to receive notice of any further proceedings with respect to such petition. (d) If no party serves a response to the petition, the judge of the probate court may grant the petition without hearing. If a response is filed, the judge of the probate court shall set the matter for hearing and shall by regular first-class mail send a notice of the time of hearing to the petitioner and all parties who have served responses at the addresses given by them in their pleadings. (e) The proceedings to which this Code section shall apply are: (1) Proceedings for sale, lease, exchange, or encumbrance of a ward's property, as provided in Code Section 29-2-4; (2) Proceedings for citation of a guardian for failure to make returns, as provided in Code Section 29-2-44;

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(3) Proceedings involving waste or mismanagement by a guardian, as provided in Code Section 29-2-45; (4) Proceedings for discharge of a surety on a guardian's bond, as provided in Code Section 29-2-52; (5) Proceedings for resignation of trust by a guardian, as provided in Code Section 29-2-72; (6) Proceedings for resignation by a guardian whose ward has removed to a different county, as provided in Code Section 29-2-73; (7) Proceedings for settlement of accounts of a guardian, as provided in Code Section 29-2-76; (8) Proceedings for appointment of a guardian of a minor, as provided in Code Section 29-4-10; (9) Proceedings for requiring a guardian to give additional bond, as provided in Code Section 29-4-14; (10) Proceedings for appointment of a guardian for a beneficiary of the United States Veterans' Administration, as provided in Code Section 29-6-5; (11) Proceedings for probate in solemn form, as provided in Code Section 53-3-14; (12) Proceedings for probate of a nuncupative will, as provided in Code Section 53-3-17; (13) Proceedings for determination of heirs at law, as provided in Code Sections 53-4-30, et seq.; (14) Proceedings for setting aside year's support, as provided in Code Section 53-5-8; (15) Proceedings for conveyance or encumbrance of year's support property, as provided in Code Section 53-5-21; (16) Proceedings for granting of administration with the will annexed, as provided in Code Section 53-6-29;

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(17) Proceedings to require additional security of a county guardian, as provided in Code Section 53-6-99; (18) Proceedings for removal, settlement, or accounting upon the part of an administrator, executor, or guardian who has removed from the state, as provided in Code Section 53-6-126; (19) Proceedings to require an administrator to give bond or security, as provided in Code Section 53-7-37; (20) Proceedings involving waste or mismanagement by an executor or administrator, as provided in Code Section 53-7-148; (21) Proceedings for resignation of trust by an administrator or executor, as provided in Code Section 53-7-149; (22) Proceedings for accounting and settlement upon the part of a removed administrator or executor, as provided in Code Section 53-7-167; (23) Proceedings for citation of an administrator or executor for failure to make returns, as provided in Code Section 53-7-183; (24) Proceedings for intermediate final accounting, as provided in Code Section 53-7-184; and (25) Proceedings for private sale of estate property, as provided in Code Section 53-8-34. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

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APPROVAL BY PROBATE COURT OF SALES OR OTHER TRANSACTIONS PROPOSED BY PARTY OTHER THAN PETITIONER. Code Sections 53-8-34 and 29-2-4 Amended. No. 1173 (House Bill No. 1344). AN ACT To amend Code Section 53-8-34 of the Official Code of Georgia Annotated, relating to private sale of estate property, so as to provide that after hearing on a petition for private sale of the property of an estate the judge of the probate court may approve a transaction proposed by a party other than the petitioner; to amend Code Section 29-2-4 of the Official Code of Georgia Annotated, relating to proceedings for sale, lease, or encumbrance of a ward's property, so as to provide that notice of petition to sell, lease, exchange, or encumber real property shall be published in the county where the petition is filed and, if the property is in another county, shall also be published in the county where the property is located; to provide that the judge of the probate court may approve a transaction proposed by a party other than the petitioner; to provide for related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 53-8-34, relating to private sale of property of estates, is amended by adding a new subsection (c) to read as follows: (c) If upon hearing evidence the judge finds that a transaction proposed by a party other than the petitioner is fairer than the transaction proposed by the petitioner and is in the best interests of the estate, the judge may by appropriate order permit the sale proposed by such other party. Section 2 . Code Section 29-2-4 of the Official Code of Georgia Annotated, relating to proceedings for sale, lease, or encumbrance of a ward's property, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:

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(b) Citation shall be issued upon the petition and published in the county of the guardian's appointment, and in the county where the land is located, if different from the county of the guardian's appointment, once a week in four different weeks in the newspaper in which county advertisements are published. Section 3 . Said Code Section 29-2-4 is further amended by striking subsection (e) and inserting in its place a new subsection to read as follows: (e) At the time the citation is returnable, or thereafter, the judge shall consider the petition and shall hear evidence thereon. If he determines from a consideration of the evidence and the report of the guardian ad item that the proposed transaction is fair and in the best interest of the ward, he shall, by appropriate order, permit the sale, lease, exchange, or encumbrance and direct the disposition of the proceeds of any such sale or encumbrance. If upon hearing evidence the judge finds that a transaction proposed by a party other than the petitioner is fairer than the transaction proposed by the petitioner and is in the best interests of the ward, the judge may by appropriate order permit the sale proposed by such other party. The judge may require that any sale of land of the ward be at public outcry as in the case of administrator's sales and subject to confirmation by the judge. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984.

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MUNICIPAL CORPORATIONSLIMITATION ON ANNEXATION BY CERTAIN MUNICIPALITIESDEFINITIONS. Code Section 36-36-22.1 Enacted. No. 1175 (Senate Bill No. 446). AN ACT To amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, so as to place a limitation on such annexation by certain municipalities; to provide for definitions in connection therewith; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, is amended by adding immediately following Code Section 36-36-22 a new Code Section 36-36-22.1 to read as follows: 36-36-22.1. (a) As used in the Code section, the term: (1) `Assessed valuation of property per pupil in average daily attendance' means the amount determined by dividing the number of pupils in average daily attendance of a school system into the then current equalized adjusted school property tax digest, as defined in paragraph (3) of this subsection, of the school system. (2) `Average daily attendance' means average daily attendance of pupils in a county or independent school system determined from official reports of attendance provided for in Code Section 20-2-226.

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(3) `Equalized adjusted school property tax digest' means 40 percent of the equalized adjusted school property tax digest for each county and independent school system prepared by the state auditor pursuant to Code Section 48-5-274. (4) `Municipality' means a municipality as defined in Code Section 36-36-20 which: (A) Has within its corporate boundaries an independent school system with an average daily attendance exceeding 3,000 at the time of the adoption of an annexing ordinance as provided in Code Section 36-36-27; (B) Is located within a county in which the county school system of such county has an average daily attendance exceeding 45,000 at the time of the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27; and (C) Has an assessed valuation of property per pupil in average daily attendance which exceeds by 40 percent or more the assessed valuation of property per pupil in average daily attendance of the county school system of the county wherein the municipality is located, with such calculations being based on the time of the adoption of an annexing ordinance by the municipality as provided in Code Section 36-36-27. (5) `Residential property' means improved property used exclusively for single or multifamily dwellings and unimproved property which is zoned exclusively for either single family or multifamily dwellings. (b) Any other provisions of this article to the contrary notwithstanding, except as otherwise provided by subsection (c) of this Code section, during any calendar year, beginning with calendar year 1984, the total territory annexed by a municipality, excluding residential property, pursuant to the authority of this article shall not decrease the equalized adjusted school property tax digest of the county school system of the county wherein the municipality is located by more than 2 percent of the net increase in the equalized adjusted school property tax digest of such county school system which occurred during the immediately preceding calendar year, beginning with calendar year 1983. If there is no net increase in the equalized

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adjusted school property tax digest of such county school system during any calendar year, then the municipality shall not be authorized to annex any territory, other than residential property, pursuant to the authority of this article at any time during the immediately following calendar year. (c) If the value of the total territory actually annexed by a municipality during a calendar year, excluding the value of residential property annexed during the calendar year, is less than the value of territory which could have been annexed within the limitation provided by subsection (b) of this Code section during that calendar year, then for the immediately following calendar year only, the limitation otherwise applicable under subsection (b) of this Code section shall be increased by the difference between the value of the property which could have been annexed and the value of the property actually annexed during the calendar year. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1984. LAND CONVEYANCE TO THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA. No. 79 (House Resolution No. 645). A RESOLUTION Authorizing and directing the conveyance of certain real property located in Cobb County, Georgia, from the State Department of Transportation to the Board of Regents of the University System of Georgia; and for other purposes.

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WHEREAS, the State Department of Transportation is the owner of certain real property located in Cobb County, Georgia; and WHEREAS, said real property is more particularly described as follows: All that tract of land lying and being in Land Lot 505 of the 17th District in Cobb County being more particularly described as follows: Beginning at a point on the property line between the lands owned by the Department of Transportation and the lands owned by Southern Technical Institute being 50 feet right of and opposite Station 4 + 0.25 on the centerline of Local Service Road No. 1 on Georgia Highway Project FF-114-1 (10); running thence easterly along a straight line to a point 50 feet right of and opposite Station 40 + 40 on the enterline of said Service Road; thence northerly along a straight line to a point 27.3 feet right of and opposite Station 4 + 40 on the centerline of said Service Road; thence easterly along a straight line to a point 20 feet right of and opposite Station 4 + 88 on the centerline of said Service Road; thence southeasterly along a straight line to a point 20 feet right of and opposite Station 60 + 20.31 on the centerline of said Service Road; thence southeasterly along a straight line to the point of intersection with the eastern property line of the lands owned by the Department of Transportation being 35.14 feet right of and opposite Station 2 + 36.21 on the centerline of the Martin Theatre of Georgia Driveway; thence southerly along said eastern property line to the point of intersection with the southern property line of the lands owned by the Department of Transportation; thence westerly along said southern property line to the point of intersection with the property between the lands owned by the Department of Transportation and the lands owned by Southern Technical Institute; thence N 0 degrees 18'43 E along said property line back to the point of beginning.; and WHEREAS, such property is no longer needed by the Department of Transportation; and WHEREAS, such property can be used by the Board of Regents of the University System of Georgia.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the hereinabove real property is declared surplus and shall be conveyed by appropriate instrument to the Board of Regents of the University System of Georgia by the Department of Transportation for current market value as determined by the Department of Transportation and upon further conditions and provisions as directed by the Department of Transportation. BE IT FURTHER RESOLVED that the Department of Transportation is authorized to do all acts and things necessary and proper to effect such conveyance. Approved March 29, 1984. GOVERNOR'S JUDICIAL PROCESS REVIEW COMMISSION CREATED. No. 82 (House Resolution No. 448). A RESOLUTION Creating the Governor's Judicial Process Review Commission; and for other purposes. WHEREAS, in response to the imperative need for meaningful improvements in the judicial process, in 1971 a commission was established to study the judicial process in Georgia; and WHEREAS, based on the findings and recommendations of the commission, many changes and improvements have been made in the ensuing years; and WHEREAS, many changes in the judicial process have occurred in recent years and the new Constitution of Georgia requires uniform rules, practices, and procedures to facilitate speedy, efficient, and inexpensive resolution of disputes and prosecutions.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . There is created the Governor's Judicial Process Review Commission which shall consist of 25 members. Five members shall be appointed by the Chief Justice of the Supreme Court of Georgia; five members shall be appointed by the President of the Senate; five members shall be appointed by the Speaker of the House of Representatives; and ten members shall be appointed by the Governor. A majority of the appointees named by each appointing officer shall be members in good standing of the State Bar of Georgia. The Governor shall appoint the chairman of the commission, and the commission shall select a vice-chairman who shall preside in the absence of the chairman. The commission may elect such other officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary. Section 2 . The commission shall study all aspects of the judicial system of the State of Georgia and shall study the coordination, design, and functions of all the courts, agencies, programs, and services currently operating to deliver judicial services to the citizens of Georgia. The commission shall make a report of its findings and recommendations for the improvement of Georgia's judicial system, including any proposed legislation, to the Governor and all members of the General Assembly on or before December 1, 1985. 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 Criminal Justice Coordinating Counsel shall provide staff assistance to the commission. Section 5 . 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

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committees, hold hearings, conduct investigations, and take any other action necessary or desirable to collect date and obtain information. Section 6 . The commission shall stand abolished January 1, 1986, and this resolution shall stand repealed on January 1, 1986. Section 7 . All laws and parts of laws in conflict with this resolution are repealed. Approved March 29, 1984. ACT TO PROVIDE FOR A BOARD OF ELECTIONS IN CERTAIN COUNTIES REPEALED. Ga. Laws 1973, p. 2086 and Acts Amending Repealed. No. 1179 (House Bill No. 1274). AN ACT To repeal An Act to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistance and other employees; to provide for compensation for such persons and the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 14, 1973 (Ga. L. 1973, p. 2086), as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 3635), an Act approved March 30, 1977 (Ga. L. 1977, p. 4316), and an Act approved April 14, 1982 (Ga. L. 1982, p. 5040); to provide an effective date; to provide conditions for the 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 entitled An Act to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistance and other employees; to provide for compensation for such persons and the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 14, 1973 (Ga. L. 1973, p. 2086), as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 3635), an Act approved March 30, 1977 (Ga. L. 1977, p. 4316), and an Act approved April 14, 1982 (Ga. L. 1982, p. 5040); is repealed in its entirety. Section 2 . This Act shall become effective January 1, 1985; provided, however, that if an Act creating a Clarke County Board of Elections and Registration (H. B. 1272) and providing for matters relative thereto has not been enacted or has not become effective as law at that time, this Act shall be null and void and shall stand repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. SUPERIOR COURTSOUTH GEORGIA JUDICIAL CIRCUITSUPPLEMENTAL COMPENSATION OF JUDGES. No. 1201 (House Bill No. 1526). AN ACT To authorize the governing authorities of the counties comprising

Page 984

the South Georgia Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the South Georgia Judicial Circuit; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . (a) The governing authorities of Baker County, Calhoun County, Decatur County, Grady County, and Mitchell County, which counties are within the South Georgia Judicial Circuit, are authorized to supplement the compensation of each superior court judge of the South Georgia Judicial Circuit in an amount to be determined within the discretion of the governing authority of each such county. Any such supplement shall be paid in monthly installments from the funds of each such county. (b) Any supplement authorized by this Act shall be in addition to the compensation, expenses, and allowances being received by the superior court judges in the South Georgia Judicial Circuit from the State of Georgia or any other source. Any supplement is made and declared to be part of the expenses of the courts, and the power to levy a tax to pay the same or to otherwise provide to pay the same is delegated to the governing authorities of said counties. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1984 Session of the General Assembly of Georgia a bill to authorize the governing authorities of the Counties comprising the South Georgia Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the South Georgia Judicial Circuit; to provide for other matters relative thereto; and for other purposes.

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This 27th day of January, 1984. A. Wallace Cato Willard H. Chason Judges of the Superior Courts South Georgia Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox, who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Baker County, on the following date: February 3, 1984. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 7th day of February, 1984. /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 1984 Session of the General Assembly of Georgia a bill to authorize the governing authorities of the Counties comprising the South Georgia Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts to the South Georgia Judicial

Page 986

Circuit; to provide for other matters relative thereto; and for other purposes. This 27th day of January, 1984. A. Wallace Cato Willard H. Chason Judges of the Superior Courts South Georgia Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox, who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Calhoun County, on the following date: February 1, 1984. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 7th day of February, 1984. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).

Page 987

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1984 Session of the General Assembly of Georgia a bill to authorize the governing authorities of the Counties comprising the South Georgia Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the South Georgia Judicial Circuit; to provide for other matters relative thereto; and for other purposes. This 27th day of January, 1984. A. Wallace Cato Willard H. Chason Judges of the Superior Courts South Georgia Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox, who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following date: February 3, 1984. /s/ Walter E. Cox Representative, 141st District

Page 988

Sworn to and subscribed before me, this 7th day of February, 1984. /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 1984 Session of the General Assembly of Georgia a bill to authorize the governing authorities of the Counties comprising the South Georgia Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts to the South Georgia Judicial Circuit; to provide for other matters relative thereto; and for other purposes. This 27th day of January, 1984. A. Wallace Cato Willard H. Chason Judges of the Superior Courts South Georgia Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox, who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Post Searchlight which is the official organ of Decatur County, on the following date: February 1, 1984.

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/s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 7th day of February, 1984. /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 1984 Session of the General Assembly of Georgia a bill to authorize the governing authorities of the Counties comprising the South Georgia Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the South Georgia Judicial Circuit; to provide for other matters relative thereto; and for other purposes. This 27th day of January, 1984. A. Wallace Cato Willard H. Chason Judges of the Superior Courts South Georgia Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox, who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation

Page 990

was published in the Camilla Enterprise which is the official organ of Michell County, on the following date: February 3, 1984. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 7th day of February, 1984. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 29, 1984. RETIREMENT AND PENSIONSTEACHERS RETIREMENT LAW AND LAW RELATING TO FIREMEN'S PENSION FUND AMENDED. Code Title 47, Chapters 3 and 7 Amended. No. 1205 (House Bill No. 169). 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 as to provide for a postretirement benefit adjustment; to provide for a definition in connection therewith; 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 provide for eligibility for membership

Page 991

of certain firemen who are between 35 and 44 years of age; to provide that certain firemen between the ages of 35 and 44 may purchase credits for prior service under certain circumstances; to provide for an increase in the dues payable by members of the fund; to provide for an increase in the benefits payable to present and future retirees from the fund; to provide for increased benefits for extended service; to provide for actuarially reduced benefits in the event of early retirement; 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 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by adding between Code Sections 47-3-126 and 47-3-127 a new Code Section 47-3-126.1. to read as follows: 47-3-126.1. (a) As used in this Code section, the word `beneficiary' shall have the meaning specified in paragraph (7) of Code Section 47-3-1 and shall also mean and include any retired public school teacher who retired pursuant to any county, municipal, or local board of education retirement or pension system. (b) Subject to the limitations of subsection (c) of this Code section, effective July 1, 1984, the monthly retirement benefit of each beneficiary shall be increased by a percentage which varies in accordance with the time of retirement as follows: Time of Retirement Percentage Increase Prior to July 1, 1964 20.0 July 1, 1964 through June 30, 1965 19.5 July 1, 1965 through June 30, 1966 18.0 July 1, 1966 through June 30, 1967 16.5 July 1, 1967 through June 30, 1968 15.0 July 1, 1968 through June 30, 1969 13.5 July 1, 1969 through June 30, 1970 12.0 July 1, 1970 through June 30, 1971 10.5 July 1, 1971 through June 30, 1972 9.0 July 1, 1972 through June 30, 1973 7.5 July 1, 1973 through June 30, 1974 6.0 July 1, 1974 through June 30, 1975 5.0 July 1, 1975 through June 30, 1976 4.0 July 1, 1976 through June 30, 1977 3.0 July 1, 1977 through June 30, 1978 2.0 July 1, 1978 through June 30, 1980 1.0 After June 30, 1980 0 (c) The full percentage increase provided for in subsection (b) of this Code section shall apply only to those beneficiaries who had 20 or more years of creditable service at the time of retirement. For those beneficiaries who had at least ten but less than 20 years of creditable service at the time of retirement, the monthly benefit increase provided for by subsection (b) of this Code section shall be reduced by 5 percent for each year less than 20 years of creditable service. Beneficiaries who had less than ten years of creditable service shall not receive an increase in their monthly retirement benefit under this Code section. No retirement benefit shall exceed $1,500.00 per month as a result of an increase in the monthly retirement benefit under this Code section. (d) The implementation of the monthly retirement benefit increases provided for by this Code section shall be contingent upon appropriations by the General Assembly specifically for the purpose of funding the provisions of this Code section. In the event the General Assembly appropriates an amount which is insufficient to fund fully the benefit increases provided for by this Code section, the benefit increases shall be reduced pro rata in accordance with the amount actually appropriated, and, in that event, the provisions of this Code section shall remain effective until, in subsequent annual appropriations, the benefit increases provided for in this Code section are fully funded and implemented. When fully funded and implemented, this Code section shall not provide any authority for the board of trustees to grant additional postretirement benefit adjustments, but this Code section shall not supersede or repeal the authority granted to the board of trustees by Code Section 47-3-126. Section 2 . Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, is amended by designating subsection (a) of Code Section 47-7-40, relating to eligibility to make application for membership in the fund, as paragraph (1) of subsection (a) and adding at the end of subsection (a) a new paragraph (2) to read as follows: (2) Notwithstanding the provisions of paragraph (1) of this subsection, any person employed as a fireman or enrolled as a volunteer fireman who is at least 35 years of age but under the age of

Page 993

44 years on April 1, 1984, shall be eligible to make application to the board for membership in the fund and if such applicant otherwise satisfies the requirements for membership in the fund, such applicant may become a member if: (A) At the time of making application the applicant acquires credit for at least that number of years of the applicant's prior eligible service, as defined in this paragraph, which when added to the service for which the applicant may thereafter receive credit by service as a fireman or volunteer fireman prior to normal retirement age of 55, will provide the applicant with not less than 20 years of creditable service prior to normal retirement age of 55; (B) The applicant acquires credit for prior eligible service, as defined in this paragraph, but not in excess of eight years, by the payment to the fund at the time of making application of an amount equal to that amount that would have been paid had contributions been made during such period of prior eligible service, at the monthly rate which is in effect at the time of application, for each month for which credit is sought, together with simple interest on that amount at the rate per annum specified in this paragraph from the date on which such contributions would have been made until paid; and (C) The applicant makes application for membership in the fund not earlier than September 1, 1984, and not later than November 1, 1984. `Prior eligible service' means service rendered by an applicant after January 1, 1974, but before September 1, 1984, as a fireman or volunteer fireman, without interruption prior to the date of application, after the applicant reached the age of 30 years, and for which the applicant would have been otherwise eligible for credit had the applicant been a member of the fund at the time the service was rendered. Interest shall be calculated at a rate rounded to the nearest one-fourth of 1 percent which is equal to 2 1/2 percentage points plus the monthly index, expressed in terms of percentage interest per annum, of the monthly average of the daily yields on all outstanding United States Treasury Bonds issued except such bonds as are redeemable at par for payment of federal estate taxes, with 30 years remaining to final maturity as compiled by the United State Treasury Department

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and as published by the Board of Governors of the Federal Reserve System in the monthly Federal Reserve Bulletin for the month of July, 1984, but not in any event less than 8 percent per annum. Section 3 . Said Chapter 7 is further amended by striking Code Section 47-7-60, relating to dues required of members, and inserting in lieu thereof a new Code Section 47-7-60 to read as follows: 47-7-60. (a) Each fireman or volunteer fireman accepted for membership in the fund shall pay to the secretary-treasurer of the fund the sum of $10.00 each month served as a fireman or volunteer fireman in a fire department in this state rated class one through class eight, inclusive, by the Insurance Services Office, or its successor. Such monthly payments shall be due on or before the tenth day of each month of service. Any member who becomes six months in arrears in making such payments shall be removed from membership in the fund and shall be ineligible to receive any benefits or pension under this chapter. (b) Effective July 1, 1988, the dues required each month under subsection (a) of this Code section shall be increased to the sum of $15.00 each month. Section 4 . Said Chapter 7 is further amended by adding to Article 5, relating to service creditable toward retirement, a new Code Section 47-7-83 to read as follows: 47-7-83. Any person who on April 1, 1984, is a member of the fund and who on April 1, 1984, is at least 35 years of age but under the age of 44 years shall be eligible upon application to the board made not earlier than September 1, 1984, and not later than November 1, 1984, to receive credit, but not in excess of eight years, for continuous service rendered as a fireman or volunteer fireman after the person reached the age of 30 but immediately prior to the person's becoming a member of the fund and not otherwise credited to the person under this chapter, for which service the person would have been otherwise eligible for credit had the person been a member of the fund at the time the service was rendered, upon payment at the time of application of an amount equal to that amount which would have been paid had contributions been made during such period of prior service at the monthly rate which is in effect at the time of the application, for each month for which credit is sought, together with simple interest

Page 995

on that amount at the rate set forth in paragraph (2) of subsection (a) of Code Section 47-7-40 from the date on which such contributions would have been made until the date of payment. Section 5 . Said Chapter 7 is further amended by adding at the end of Code Section 47-7-100, relating to eligibility for retirement benefits, three new subsections, to be designated subsection (f), subsection (g), and subsection (h), to read as follows: (f) Effective July 1, 1984, the monthly benefits payable under this Code section to persons theretofore retired or thereafter retiring shall be increased $35.00 per month. (g) Any eligible member who retires after July 1, 1984, shall be entitled to an increase in the monthly retirement benefit otherwise payable to the member equal to 1 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service while a member of the fund as a fireman or volunteer fireman in excess of 25 years of creditable service. (h) Any eligible member who would be entitled to the commencement of retirement benefits upon reaching age 55 under subsection (b) or (c) of this Code section may elect to retire after reaching the age of 50 but before reaching the age of 55 and immediately commence the drawing of retirement benefits and in that event the member shall be eligible immediately upon retirement for a reduced monthly pension benefit in an amount determined by multiplying the benefit for which the member would have been otherwise entitled under subsections (b), (c), and (g) of this Code section had the member delayed retirement or the commencement of benefits until the member reached age 55, such benefit to be determined as of the date of the member's actual retirement or first receipt of the monthly retirement benefit, by the factor set forth below: If the Member's Age At Retirement (determined by the member's age at the member's immediately preceding birthday) Is: The Early Retirement Factor Is: 50 .70 51 .76 52 .82 53 .88 54 .94 Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. PEACE OFFICERS' ANNUITY AND BENEFIT FUNDCREDIT FOR PRIOR SERVICE, ETC. Code Title 47, Chapter 17 Amended. No. 1206 (House Bill No. 272). AN ACT To amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to provide for the claiming of credit for prior service; to provide for payment for such prior service; to provide for rules for applying said prior service toward retirement; 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 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, is amended by adding at the end of Code Section 47-17-44, relating to payment of membership dues and credit for certain service, a new subsection (c) to read as follows:

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(c) If a member who is a member of the fund on April 1, 1984, chooses to avail himself of the provisions of subsection (a) of Code Section 47-17-70, such member shall tender no later than July 1, 1984, an amount equal to the dues at the rate of $10.00 per month plus 8 percent interest per annum compounded annually from the date the prior service was rendered to the date of payment to the board for all years claimed as prior service. After April 1, 1984, new applicants for membership in the fund must tender said sum at the time of their initial application. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 47-17-70, relating to prior service credit, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) No peace officer who first makes application for membership in the fund on or after May 1, 1968, shall be given credit for any prior service, and such peace officer shall receive credit only from the date he becomes a member of the fund; provided, however, a member may claim a maximum of five years for service as a peace officer prior to such member joining the fund if such member complies with subsection (c) of Code Section 47-17-44 and remains an active member of the fund for a period of time at least equal to the number of years claimed for prior service. Section 3 . This Act shall become effective on April 1, 1984. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984.

Page 998

TEACHERS RETIREMENT SYSTEM OF GEORGIACREDIT FOR SERVICE IN OTHER SCHOOL SYSTEMS. Code Title 47, Chapter 3 Amended. No. 1207 (House Bill No. 274). 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 as to provide that credit may be received under the Teachers Retirement System of Georgia for service rendered in public school systems of the Virgin Islands, Puerto Rico, Guam, and the District of Columbia; to guarantee the return of a member's accumulated contributions through monthly retirement benefits or a refund or both; 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 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by striking subsection (a) of Code Section 47-3-89, relating to credit for services rendered in schools of other states and certain other schools, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any member of the retirement system shall be entitled to receive up to ten years of creditable service for teaching service in school systems of other states in the United States, state-supported independent school systems of the United States, schools operated by the Bureau of Indian Affairs of the United States Department of Interior, public school systems of the Virgin Islands, Puerto Rico, Guam, and the District of Columbia, or American dependents' schools, provided that the member has first established five years of membership service credit in the public schools of Georgia or University System of Georgia; provided, further, that such service credit shall be allowed on the basis of one year of credit for such service for each additional year of membership service in the public schools of

Page 999

Georgia or University System of Georgia. A teacher desiring to establish credit for such service must pay employee and employer contributions which would have been paid to the retirement system on a salary comparable to his salary for such service, plus the applicable rate of interest, in accordance with regulations adopted by the board of trustees. Such contributions must be paid prior to retirement under this retirement system. For such service rendered prior to January 1, 1945, the rate of employee contributions shall be 5 percent and the rate of employer contributions shall be 6.83 percent. The rate of interest on such contributions shall be the applicable regular interest. No member who receives or who is entitled to receive a pension or annuity from any other state, county, or municipality, or federal retirement program excluding social security, shall receive creditable service for such service. The board of trustees shall promulgate rules and regulations to carry out this Code section. Section 2 . Said chapter is further amended by adding at the end of Code Section 47-3-123, relating to benefits payable upon the death of a member, a new subsection (c) to read as follows: (c) Upon the death of a member in service with more than ten years of creditable service and then thereafter the death of the beneficiary nominated by the member by means of a written designation duly executed and filed with the board of trustees, or where no beneficiary was so designated by the member and the member was survived by the member's spouse, the death of the member's spouse, in the event that the designated beneficiary of the member chose to receive a monthly benefit pursuant to paragraph (2) of subsection (a) of this Code section and the total monthly benefits paid to such designated beneficiary prior to his or her death did not equal or exceed the member's accumulated contributions at the time of the member's death, or where no beneficiary was designated and the surviving spouse of the member chose to receive monthly benefits pursuant to paragraph (3) of subsection (b) of this Code section and the monthly benefits paid to the member's spouse prior to his or her death did not equal or exceed the member's accumulated contributions at the time of the member's death, the difference shall be refunded to the person designated in writing by the member to receive such a refund of this difference. If no such person is designated to receive this difference or if such designated person has predeceased the member's designated beneficiary or spouse, this difference shall be paid to the estate of the designated beneficiary or where no person was designated by the member as beneficiary, to the estate of the member's spouse.

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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. Approved March 29, 1984. FIRE PROTECTION AND SAFETYLOCAL DEPARTMENTS REQUIRED TO MEET CERTAIN STANDARDSNOTICE TO SUPERINTENDENT. Code Title 25, Chapter 3 Amended. No. 1208 (House Bill No. 618). AN ACT To amend Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to local fire departments generally, so as to provide for legislative intent; to define certain terms; to provide that the chief administrative officer of a fire department shall notify the superintendent that the organization meets minimum requirements in order to be legally organized to operate in the State of Georgia and to function as a fire department; to provide for the issuance of a certificate of compliance by the superintendent; to provide for certain requirements in order to be legally organized as a fire department; to provide that a fire department shall possess certain equipment and protective clothing in order to be legally organized as a fire department; to provide that a fire department shall purchase and maintain sufficient insurance coverage on each member of the fire department; to authorize the superintendent to consult with certain state officials to determine if individual fire departments are complying with minimum requirements; to authorize the superintendent to suspend or revoke the certificate of compliance of a fire department under certain conditions; to provide a time limitation for compliance; to provide for construction; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Page 1001

Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to local fire departments generally, is amended by striking the word chapter wherever the same shall appear in said chapter and substituting in lieu thereof the word article. Section 2 . Said chapter is further amended by adding, immediately preceding Code Section 25-3-1, the following: ARTICLE 1. Section 3 . Said chapter is further amended by adding at the end thereof the following: ARTICLE 2 25-3-20. It is the intention of the General Assembly of Georgia to establish minimum requirements for all fire departments operating in this state. The General Assembly recognizes that fire departments operating in this state cannot function effectively and efficienly as full-time fire departments without meeting or exceeding the minimum requirements established by this article. 25-3-21. As used in this article, the term: (1) Fire department' means any fire department which is authorized to exercise the general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2. (2) `Firefighter' means any able-bodied person at least 18 years of age who has been duly appointed by a legally constituted fire department and who has the responsibility of preventing and suppressing fires, protecting life and property, and performing other duties enumerated in Code Sections 25-3-1 and 25-3-2. (3) `Superintendent' means the superintendent of the Georgia Fire Academy. 25-3-22. In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify the superintendent that the organization meets the minimum requirements specified in Code Section 25-3-23

Page 1002

to function as a fire department. If the superintendent is satisfied that the fire department meets the minimum requirements contained in Code Section 25-3-23, he shall issue a certificate of compliance to the fire department and the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 25-3-1 and 25-3-2. 25-3-23. (a) In order to be legally organized: (1) A fire department shall comply with the following requirements: (A) Be established in accordance with the provisions of the National Fire Protection Association Standard 1201-1977; (B) Be capable of providing fire protection 24 hours a day, seven days a week; (C) Be responsible for a defined area of operations depicted on a map located at the fire station; and (D) Be staffed with a sufficient number of qualified firefighters who are full time, part time, or volunteers and who shall have successfully completed an approved basic firefighting course conducted by or through the Georgia Fire Academy; and (2) A fire department shall possess the following items of equipment and protective clothing: (A) A minimum of one fully equipped, operable pumper with a capacity of at least 100 GPM at 120 PSI and a tank capacity of a minimum of 250 gallons; provided, however, a minimum of one fully equipped, operable, and approved pumper of at least 750 GPM capacity is recommended; (B) A minimum of equipment, appliances, adapters, and accessories necessary to perform and carry out the duties and responsibilities of a fire department set forth in Code Sections 25-3-1 and 25-3-2;

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(C) A minimum of two approved self-contained breathing apparatus for each pumping apparatus; and (D) A minimum issue of sufficient personal protective clothing to permit each member to perform safely the duties of a firefighter. (b) A minimum of 15 firefighters for each fire department is recommended; however, departments existing on or before the effective date of this article shall be exempt from this recommendation. (c) A legally organized fire department shall purchase and maintain sufficient insurance coverage on each member of the fire department to pay claims for injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions. 25-3-24. The superintendent may consult with and consider the recommendations of the director of the Georgia Forestry Commission, the director of the Georgia Firefighter Standards and Training Council, the state fire marshal, and the governing authority of any county or municipality in which the fire department is located to determine if individual fire departments are complying with the minimum provisions of this article and serving the best interests of the citizens of the area of its operations. 25-3-25. The certificate of compliance issued by the superintendent shall be subject to suspension or revocation at any time he receives satisfactory evidence that: (1) The fire department is not maintaining sufficient personnel, equipment, or insurance required by Code Section 25-3-23; or (2) The fire department is not serving the best interests of the citizens of its area of operations. 25-3-26. The superintendent shall cooperate with newly formed and existing fire departments to ensure that all fire departments in this state are in compliance with the provisions of this article within 24 months after the effective date of this article.

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25-3-27. This article shall not be construed to amend, modify, or repeal any of the provisions of Chapter 4 of Title 25, known as the `Georgia Firefighter Standards and Training Act,' nor shall this article be construed to restrict the requirements of any other provisions relating to fire departments, equipment, or personnel. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. STATE GOVERNMENTUSE OF CONSECUTIVELY NUMBERED REQUISITIONS, PURCHASE ORDERS, ETC., MANDATED. Code Section 50-6-26 Amended. No. 1209 (House Bill No. 698). AN ACT To amend Code Section 50-6-26 of the Official Code of Georgia Annotated, relating to the forms applicable to the business transacted in each of the several boards, offices, institutions, departments, and commissions of the executive department of the state government, so as to make provision for consecutively numbered requisitions, purchase orders, and field purchase orders and provide for the retention and filing thereof; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 50-6-26 of the Official Code of Georgia Annotated, relating to the forms applicable to the business transacted in each of the several boards, offices, institutions, departments, and commissions of the executive department of the state government, is

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amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 50-6-26 to read as follows: 50-6-26. The state auditor shall prepare and publish, by and with the approval of the Governor, complete forms applicable to the business transacted in each of the several boards, offices, institutions, departments, and commissions of the executive department of the state government, the same to be as uniform as the business respectively transacted therein shall permit; provided, however, that the Department of Administrative Services shall in all cases require each and every one of the several boards, offices, institutions, departments, and commissions of the executive department of state government to use consecutively numbered requisitions, purchase orders, and field purchase orders, which documents shall be retained and filed in numerical sequence to provide a procurement audit trail. It shall be the duty of each of the boards, offices, institutions, departments, and commissions, as directed by the Governor, to employ such forms and none other in transacting and recording their several financial transactions of every nature. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. EDUCATIONLOCAL AND REGIONAL PUBLIC LIBRARY LAW AMENDED. Code Title 20, Chapter 5 Amended. No. 1210 (House Bill No. 840). AN ACT To amend Article 2 of Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to local and regional public libraries, so

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as to change the provisions relating to county and regional public libraries; to provide for the establishment of public library systems; to provide for referendums under certain conditions; to provide for certain powers and authority; to provide for boards of trustees; to provide for their appointment, terms of office, removal from office, and vacancies; to provide for their responsibilities, duties, and compensation; to provide for directors of public library systems; to provide for their responsibilities, duties, and qualifications; to provide for certain reports required by funding agencies; to provide for rules, bylaws, and constitutions for library boards; to provide for ownership of certain real property and other property used for library purposes; to provide for the pro rata division of such property upon dissolution or significant structural change of the library system; to provide for bonding of library boards; to provide for dissolution of library systems; to provide penalties for certain violations; to provide certain exemptions from liability; to require certification for certain professional library positions; to provide for forfeiture of certain aid upon certain violations; to provide for applicability to certain existing library systems; 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 20 of the Official Code of Georgia Annotated, relating to local and regional public libraries, is amended by striking Part 2 in its entirety and inserting in lieu thereof a new Part 2 to read as follows: Part 2 20-5-40. (a) The governing authority of any county or municipality may establish a public library system. Any public library established pursuant to this part shall be a tax-exempt institution. (b) A public library may be established in the following manner: (1) By resolution or act, at the discretion of the governing authority, of any county or municipality, or any combination thereof; (2) By approval of the voters of any county or municipality in a referendum election on the question of the establishment of a public library as provided in this paragraph. Upon a written petition containing 35 percent of the registered and qualified

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voters of a municipality or county being filed with the appropriate governing authority, the governing authority shall be required to hold and conduct a special referendum election for the purpose of submitting to the qualified voters of the municipality or county the question of whether or not a public library, as provided for in this part, shall be authorized. In the event a majority of the persons voting in the election vote in favor of the public library, then the governing authority of the municipality or county shall establish a public library as provided in this part. Otherwise, the governing authority shall have no authority to do so. Following the expiration of two years after any election is held which results in disapproval of a public library, as provided in this part, another election on this question shall be held if another petition, as provided in this paragraph, is filed with the appropriate governing authority; or (3) By contractual agreement between the governing authorities of any county or municipality. 20-5-41. Each library system shall be governed by a board of trustees. Each system shall have a governing board of trustees but may have other affiliated boards of trustees for member libraries. The county board of library trustees shall exercise authority in a county system. The regional board of library trustees shall exercise authority in a multicounty system. 20-5-42. (a) A county board of trustees shall consist of at least one appointee from each governmental agency financially supporting the library on a regular basis. Appointments shall be made in writing pursuant to the constitution and bylaws of the library system, shall be transmitted to the appointee and to the library, and shall state the length of term and expiration date of the appointment. (b) A regional board of library trustees shall consist of trustees serving on member county boards who are appointed to the regional board by each county board for a term specified in writing pursuant to the constitution and bylaws of the library system. (c) Board members shall serve staggered terms for continuity of service. (d) Board members shall be removed for cause or for failure to attend three consecutive meetings pursuant to the library system's constitution and bylaws or the local constitution and bylaws.

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(e) Vacancies shall be filled in the same manner as appointments are made. If a vacancy occurs prior to the expiration of a trustee's term, the new appointee shall complete the unexpired term. 20-5-43. The board of trustees shall have duties and responsibilities which include but are not limited to the following: (1) To employ a library director who meets state certification requirements and such other employees as necessary upon the recommendation of the library system director; provided, however, that the board shall be authorized to delegate employment of staff members to the library system director; (2) To approve budgets prepared by the library system director and assume responsibility for the presentation of the library's fiscal needs to the supporting agencies; (3) To attend board meetings; (4) To establish policies governing library programs, including rules and regulations governing the use of the library; (5) To set policy for the administration of gifts of money and property; (6) To present financial and progress reports to governing officials and to the public; (7) To notify the appropriate authorities of a vacancy on the board so that a person may be appointed to complete unexpired or full terms; and (8) To notify the library system director, in advance, of all meetings of library boards and board committees. 20-5-44. Members of the board of trustees shall receive no compensation; provided, however, that such members may be reimbursed for any reasonable and necessary expenses incurred in the performance of library business or if stipulated in terms of any bequest or gift. Dues or fees for membership in local, state, regional, and national library associations may be paid from operating funds in accordance with the constitution and bylaws of the library system.

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20-5-45. Every public library system shall have a director. Any person appointed as director of a public library system must hold at least a Grade 5(b) Librarian's Professional Graduate Certificate as defined by the State Board for the Certification of Librarians; provided, however, that any person who is serving as acting director of a public library system on July 1, 1984, shall be authorized to continue to serve as director. The director shall be appointed by the board of trustees and shall be the administrative head of the library system under the direction and review of the board. The director of a library system shall have duties and responsibilities which include but are not limited to the following: (1) To recommend for employment or termination other staff members, as necessary, in compliance with applicable laws and the availability of funds and to employ or terminate other staff members if so authorized by the library board; (2) To attend all meetings called by the Division of Public Library Services of the Department of Education or send a substitute authorized by the division director; (3) To prepare any local, state, or federal annual budgets; (4) To notify the board of trustees and the Division of Public Library Services of the Department of Education of any failure to comply with: (A) Policies of the board; (B) Criteria for state aid; (C) State and federal rules and regulations; and (D) All applicable local, state, or federal laws; (5) To administer the total library program, including all affiliated libraries, in accordance with policies adopted by the system board of trustees; and (6) To attend all meetings of the system board of trustees and affiliated boards of trustees or to designate a person to attend in his place.

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20-5-46. The library system shall make such reports as deemed necessary by local and state funding agencies. In every case at least an annual report of activities, income, and expenditures shall be filed with each funding agency. 20-5-47. (a) The board of trustees of each county and regional library shall have a written constitution and bylaws stating policy which shall be approved by the board. Such constitution and bylaws shall be drafted in accordance with the current edition of the Handbook on Constitutions, By-laws and Contracts for Georgia Public Libraries. (b) Policies stated in the constitution of the county board may not be in conflict with the policies of the constitution of the regional board and state and federal laws and regulations. The constitution of the regional board shall not be in conflict with state and federal laws and regulations. (c) All current constitutions and bylaws must be on file in the Division of Public Library Services of the Department of Education and all amendments must be filed with the division immediately upon adoption. 20-5-48. (a) A clear title in fee simple to an approved site on which a library facility is to be located shall be held by either the library board of trustees or the county or municipality. Title to property used for library purposes shall be vested in the library board of trustees or in that local agency which makes the major financial contribution toward construction costs. Notwithstanding any provision in this part to the contrary, any facility, the title to which currently is held by a nonprofit organization and which is now being operated by a public library board of trustees, may continue to be operated by that library board of trustees if the operation of that facility by the board of trustees meets the standards of the Division of Public Library Services of the Georgia Department of Education; and the title to that facility may remain in the hands of that nonprofit organization. When the composition of a library system is changed or when the library system is dissolved and the title is vested in the library board of trustees, the Division of Public Library Services of the Department of Education shall serve as mediator in determining ownership of property.

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(b) Other property including, but not limited to, equipment and materials that was purchased with state, federal, or contract funds coming through the system budget shall be owned by the system board of trustees and shall be placed or transferred where it is most useful. Upon dissolution or significant structural change within the system, such property shall be divided on a pro rata basis according to the proportion of financial costs of property borne by the involved parties. The library system board of trustees shall furnish the financial and statistical information considered by the parties attempting to reach agreement. If the parties are unable to reach a mutually agreeable solution, the final decision of property ownership shall be made by the Division of Public Library Services of the Department of Education or its designee. 20-5-49. Library systems are authorized to make and enter into such contracts or agreements as are deemed necessary and desirable. All such contracts or agreements entered into shall: (1) Detail the specific nature of the services, programs, facilities, arrangements, or properties to which it is applicable; (2) Provide for the allocation of costs and other financial responsibilities; (3) Specify the respective rights, duties, obligations, and liabilities of the parties; and (4) Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriated to the proper effectuation and performance of the agreement. No public or private library agency shall enter into any agreement itself, or jointly with any other library agency, to exercise any power or engage in any action prohibited by the constitution or laws of this state. 20-5-50. Each library board which handles finances must keep a current bond for an adequate amount determined by the board of trustees and recorded in the minutes on the library director, the treasurer of the board of trustees, or other officials and employees authorized to handle funds. Proof of the bond for each board must be filed with the Renewal Application for State Aid.

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20-5-51. (a) A library system shall be dissolved by a reversal of procedures followed in its original organization. A majority of the board members in a majority of the counties must agree to the dissolution of the system. One county in a multicounty system may withdraw by a reversal of the procedure by which the county became a member. (b) If the local constitution and bylaws or participating agreement does not specify a notification period for withdrawal, the proper notice shall be sent six months prior to the end of the state fiscal year. This notice must include reasons for the withdrawal and the method by which the decision was reached and must be sent to the chairman of the system board of trustees and the system library director. The Division of Public Library Services of the Department of Education must be notified of the receipt of this letter of intent within five working days. (c) Upon dissolution or withdrawal, no further state or federal grant funds shall be paid for or to the dissolving or withdrawing unit or units until such time as the unit or units reestablish the library or libraries pursuant to this part and meet eligibility requirements for such grant funds. (d) A multicounty regional system may elect to expel a member county upon the following conditions: (1) Failure of the county to maintain the agreed level of support to the regional system as in the most recent system-participating agreement; or (2) Failure of the county to meet criteria which may jeopardize the system's eligibility for state or federal funds. (e) If the system's constitution and bylaws or participating agreement fails to describe a notice period for expulsion, the proper notice shall be sent not less than six months prior to the end of the state fiscal year. This notice must be sent to the chairman of the county board of trustees, all funding agencies party to the participating agreement, the system library director, and the Division of Public Library Services of the Department of Education. (f) Upon total dissolution of a library system, all property shall be disposed of as provided in this part.

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20-5-52. Any person who shall steal or unlawfully take or willfully or maliciously write upon, cut, tear, deface, disfigure, soil, obliterate, break, or destroy or who shall sell or buy or receive, knowing it to have been stolen, any book, pamphlet, document, newspaper, periodical, map, chart, picture, portrait, engraving, statue, coin, medal, equipment, specimen, recording, video product, microform, computer software, film, or other work of literature or object of art or the equipment necessary to its display or use belonging to or in the care of a public library shall be guilty of a misdemeanor. 20-5-53. Any person who borrows from any public library any book, newspaper, magazine, manuscript, pamphlet, publication, recording, video product, microform, computer software, film, or other article or equipment necessary to its display or use belonging to or in the care of such public library under any agreement to return it and thereafter fails to return such book, newspaper, magazine, manuscript, pamphlet, publication, recording, video product, microform, computer software, film, or other article or equipment necessary to its display or use shall be given written notice, mailed to his last known address or delivered in person, to return such article or equipment within 15 days after the date of such notification. Such notice shall contain a copy of this Code section. If such person shall thereafter willfully and knowingly fail to return such article or equipment within 15 days, such person shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or imprisonment for not more than 30 days and shall be required to return such article or equipment or provide reimbursement for the replacement cost of such article or equipment. 20-5-54. Any person who, without authority and with the intention of depriving the public library of the ownership of such property, willfully conceals a book or other public library property, while still on the premises of such public library, or willfully or without authority removes any book or other property from any public library shall be guilty of a misdemeanor; provided, however, that, if the replacement cost of the public public library property is less than $25.00, the punishment shall be a fine of not more than $250.00. Proof of the willful concealment of any book or other public library property while still on the premises of such public library shall be prima-facie evidence of intent to violate this Code section.

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20-5-55. An agent or employee of a public library or of any department or office of the state or local government causing the arrest of any person pursuant to the provisions of this part shall not be held civilly liable for unlawful detention, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery of the person so arrested unless excessive or unreasonable force is used, whether such arrest takes place on the premises by such agent or employee; provided, however, that, in causing the arrest of such person, the public library or agent or employee of the public library had at the time of such arrest probable cause to believe that the person committed willful theft or concealment of books or other library property. 20-5-56. All persons holding professional positions with the title of librarian must be certified by the State Board for the Certification of Librarians. 20-5-57. Any failure to comply with the provisions of this part shall result in the forfeiture of all state and federal library aid to the system. 20-5-58. A library system existing prior to July 1, 1984, shall have until July 1, 1989, to comply fully with the provisions of this part, and any provision to the contrary within Chapter 24 of Title 43, relating to libraries, shall be superseded by the provisions of this part. 20-5-59. This part shall not apply to any municipal public library. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984.

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VITAL RECORDSISSUANCE OF BIRTH CERTIFICATES FOR FOREIGN-BORN ADOPTED PERSONS. Code Section 31-10-13 Amended. No. 1211 (House Bill No. 1003). AN ACT To amend Code Section 31-10-13 of the Official Code of Georgia Annotated, relating to certificates of adoption and birth certificates, so as to provide for the issuance of birth certificates for persons born outside this country who are adopted in accordance with the laws of this state; 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 . Code Section 31-10-13 of the Official Code of Georgia Annotated, relating to certificates of adoption and birth certificates, is amended by striking subsection (e) and inserting new subsections(e) and (f) to read as follows: (e) This subsection shall apply to adopted persons born outside this state but not in a foreign country. When the state registrar shall receive a report of adoption, annulment of adoption, or amendment of a decree of adoption of a person born outside this state, the state registrar shall forward such report to the state registrar in the indicated state of birth. The state registrar shall establish a certificate of birth for a person born outside this state when the state registrar receives a certificate of adoption if neither parent is the natural parent of the adoptee and when the adoptive parents elect to show Georgia as the state of birth; provided, however, that the adoptee is entitled to citizenship by birth. The certificate of adoption shall specify the place of birth, and a copy of the original birth certificate shall be provided for the state registrar. (f) This subsection shall apply to adopted persons born in a foreign country. The state registrar shall establish a certificate of birth for a person born in a foreign country when the state registrar

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receives a certificate of adoption. The certificate of adoption shall specify the actual place of birth which shall be shown as the place of birth on the birth certificate. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. TAX SALESCOST OF REDEMPTION TO INCLUDE TAXES PAID BY PURCHASER. Code Section 48-4-42 Amended. No. 1212 (House Bill No. 1006). AN ACT To amend Code Section 48-4-42 of the Official Code of Georgia Annotated, relating to amount payable for redemption of property sold for taxes, so as to include in the cost of redemption any taxes paid on the property by the purchaser after the sale for taxes; 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 48-4-42 of the Official Code of Georgia Annotated, relating to amount payable for redemption of property sold for taxes, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (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 any taxes paid on the

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property by the purchaser after the sale for taxes, 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. Section 2 . This Act shall become effective January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. GEORGIA INDUSTRIES FOR THE BLINDDEPARTMENT OF HUMAN RESOURCES DIRECTED TO PROVIDE FACILITIES. Code Section 30-2-3 Amended. No. 1213 (House Bill No. 1008). AN ACT To amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to direct the Department of Human Resources to provide the facilities necessary for the Industries for the Blind; 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 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, is amended by striking in its entirety Code Section 30-2-3, relating to the supervision and control of industries by the Department of Human Resources, and inserting in lieu thereof a new Code Section 30-2-3 to read as follows: 30-2-3. (a) The industries shall be state institutions under the direction and supervision of the Department of Human Resources. (b) The Department of Human Resources is authorized to provide the property necessary for the industries. The Department of Human Resources may acquire real property through the State Properties Commission pursuant to Code Section 50-16-38 or the department may enter into rental agreements in order to acquire the needed space. The acquisition of such property is not deemed to be `administrative space' within the meaning of Article 2 of Chapter 5 of Title 50, the `State Space Management Act of 1976.' Section 2 . This Act shall become effective upon its approval by 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, 1984.

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CONTROLLED SUBSTANCESLISTING OF CONTROLLED SUBSTANCES AND OF DANGEROUS DRUGS CHANGED. Code Title 16, Chapter 13 Amended. No. 1214 (House Bill No. 1042). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to delete from and add to the listing of certain controlled substances; to delete from and add to the listing of dangerous drugs; to change certain exceptions relating to 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 a new subparagraph at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, to read as follows: (Z) 3, 4 - Methylenedioxymethamphetamine;. Section 2 . Said chapter is further amended by striking paragraph (2) of Code Section 16-13-29, which reads as follows: (2) Any compound, mixture, or preparation containing loperamide., and inserting in its place the following: (2) Reserved. Section 3 . Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, defining dangerous drugs, paragraph (262), which reads as follows:

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(262) Dextranomer; , and inserting in its place the following new paragraph: (262) Reserved; , and by adding in the appropriate paragraph positions in said subsection (b) the following new paragraphs: (4.1) Aceto-hydroxamic acid; (12.1) Aclometasone dipropionate; (13.1) Acyclovir; (83.1) Benoxaprofen; (160.2) Chenodiol; (529.1) Loperamide; . Section 4 . Said chapter is further amended by inserting after paragraph (14) of subsection (c) of said Code Section 16-13-71 a new paragraph to read as follows: (14.1) Miconazolewhen used as antifungal powder, cream, or both, and containing not more than 2 percent of miconazole nitrate; . Section 5 . Said chapter is further amended by striking paragraph (16) of subsection (c) of said Code Section 16-13-71, which reads as follows: (16) Nitrous oxidewhen used as a propellant in food products; , and inserting in its place a new paragraph to read as follows: (16) Nitrous oxidewhen used as a propellant in food products or when mixed with not less than 100 parts per million of sulfur dioxide and used as a fuel additive for combustion engines; .

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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 29, 1984. AGRICULTUREINTERSTATE PEST CONTROL COMPACT ENACTED. Code Title 2, Chapter 7 Amended. No. 1215 (House Bill No. 1047). AN ACT To amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, so as to enact into law the interstate pest control compact and provide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining therein; to provide for the insurance fund administered under the compact and for operations and management under the compact; to provide for cooperation with said insurance fund by the departments, agencies, and officers of this state; to provide for filing of documents related to said compact; to provide for the making of requests for assistance from said insurance fund; to provide for appropriations; 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 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, is amended by adding a new Article 4 to read as follows:

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ARTICLE 4 2-7-130. The Pest Control Compact is enacted into law and entered into with all other jurisdictions legally joining therein. The compact is substantially as follows: PEST CONTROL COMPACT Article I Findings The party states find that: (a) In the absence of the higher degree of cooperation among them possible under this compact, the annual loss of approximately 25 billion dollars from the depredations of pests is virtually certain to continue, if not to increase. (b) Because of varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests but all states share the inability to protect themselves fully against those pests which present serious dangers to them. (c) The migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another, to complement each other's activities when faced with conditions of infestation and reinfestation. (d) While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crop and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of an Insurance Fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interests, the most equitable means of financing cooperative pest eradication and control programs. Article II Definitions As used in this compact, unless the context clearly requires a different construction:

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(a) `State' means a state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (b) `Requesting state' means a state which invokes the procedures of the compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states. (c) `Responding state' means a state requested to undertake or intensify the measures referred to in subdivision (b) of this Article. (d) `Pest' means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses or other plants of substantial value. (e) `Insurance Fund' means the Pest Control Insurance Fund established pursuant to this compact. (f) `Governing Board' means the administrators of this compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this compact. (g) `Executive Committee' means the committee established pursuant to Article V (e) of this compact. Article III The Insurance Fund There is hereby established the Pest Control Insurance Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this compact. The Insurance Fund shall contain monies appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the Insurance Fund shall not accept any

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donation or grant whose terms are inconsistent with any provision of this compact. Article IV The Insurance Fund, Internal Operations and Management (a) The Insurance Fund shall be administered by a Governing Board and Executive Committee as hereinafter provided. The actions of the Governing Board and Executive Committee pursuant to this compact shall be deemed the actions of the Insurance Fund. (b) The members of the Governing Board shall be entitled to one vote each on such Board. No action of the Governing Board shall be binding unless taken at a meeting at which a majority of the total number of votes on the Governing Board are cast in favor thereof. Action of the Governing board shall be only at a meeting at which a majority of the members are present. (c) The Insurance Fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the Governing Board may provide. (d) The Governing Board shall elect annually, from among its members, a chairman, a vice chairman, a secretary and a treasurer. The chairman may not succeed himself. The governing board may appoint an executive director and fix his duties and his compensation, if any. Such executive director shall serve at the pleasure of the Governing Board. The Governing Board shall make provision for the bonding of such of the officers and employees of the Insurance Fund as may be appropriate. (e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, or if there be no executive director, the chairman, in accordance with such procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Insurance Fund and shall fix the duties and compensation of such personnel. The Governing Board in its bylaws shall provide for the personnel policies and programs of the Insurance Fund.

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(f) The Insurance Fund may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation. (g) The Insurance Fund may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the same. Any donation, gift or grant accepted by the Governing board pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this Article shall be reported in the annual report of the Insurance Fund. Such report shall include the nature, amount and conditions, if any, of the donation, gift, grant or services borrowed and the identity of the donor or lender. (h) The Governing Board shall adopt bylaws for the conduct of the business of the Insurance Fund and shall have the power to amend and rescind these bylaws. The Insurance Fund shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states. (i) The Insurance Fund annually shall make to the Governor and legislature of each party state a report covering its activities for the preceding year. The Insurance Fund may make such additional reports as it may deem desirable. (j) In addition to the powers and duties specifically authorized and imposed, the Insurance Fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this compact. Article V Compact and Insurance Fund Administration (a) In each party state there shall be a compact administrator, who shall be selected and serve in such manner as the laws of his state may provide, and who shall:

Page 1026

1. Assist in the coordination of activities pursuant to the compact in his state; and 2. Represent his state on the Governing Board of the Insurance Fund. (b) If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the Governing Board of the Insurance Fund by not to exceed three representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the Governing Board or on the Executive Committee thereof. (c) The Governing Board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the Insurance Fund and, consistent with the provisions of the compact, supervising and giving direction to the expenditure of monies from the Insurance Fund. Additional meetings of the Governing Board shall be held on call of the chairman, the Executive Committee, or a majority of the membership of the Governing Board. (d) At such times as it may be meeting, the Governing Board shall pass upon applications for assistance from the Insurance Fund and authorize disbursements therefrom. When the Governing Board is not in session, the Executive Committee thereof shall act as agent of the Governing Board, with full authority to act for it in passing upon such applications. (e) The Executive Committee shall be composed of the chairman of the Governing Board and four additional members of the Governing Board chosen by it so that there shall be one member representing each of four geographic groupings of party states. The Governing Board shall make such geographic groupings. If there is representation of the United States on the Governing Board, one such representative may meet with the Executive Committee. The chairman of the Governing Board shall be chairman of the Executive Committee. No action of the Executive Committee shall be binding unless taken at a meeting at which at least four members of such Committee are present and

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vote in favor thereof. Necessary expenses of each of the five members of the Executive Committee incurred in attending meetings of such Committee, when not held at the same time and place as a meeting of the Governing board, shall be charges against the Insurance Fund. Article VI Assistance and Reimbursement (a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves: 1. The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this compact. 2. The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this compact. (b) Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the Governing board to authorize expenditures from the Insurance Fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization the responding state or states shall take or increase such eradication or control measures as may be warranted. A responding state shall use monies made available from the Insurance Fund expeditiously and efficiently to assist in affording the protection requested. (c) In order to apply for expenditures from the Insurance Fund, a requesting state shall submit the following in writing:

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1. A detailed statement of the circumstances which occasion the request for the invoking of the compact. 2. Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass or other plant having a substantial value to the requesting state. 3. A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefor, in connection with the eradication control, or prevention of introduction of the pest concerned. 4. Proof that the expenditures being made or budgeted as detailed in item 3 do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in item 3 constitutes a normal level of pest control activity. 5. A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the compact in the particular instance can be abated by a program undertaken with the aid of monies from the Insurance Fund in one year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time. 6. Such other information as the Governing Board may require consistent with the provisions of this compact. (d) The Governing Board or Executive Committee shall give due notice of any meeting at which an application for assistance from the Insurance Fund is to be considered. Such notice shall be given to the compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states. The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting.

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(e) Upon the submission as required by paragraph (c) of this Article and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this compact and justified thereby, the Governing Board or Executive Committee shall authorize support of the program. The Governing Board or the Executive Committee may meet at any time or place for the purpose of receiving and considering an application. Any and all determinations of the Governing Board or Executive Committee, with respect to an application, together with the reasons therefor shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof. (f) A requesting state which is dissatisfied with a determination of the Executive Committee shall upon notice in writing given within 20 days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the Governing Board. Determinations of the Executive Committee shall be reviewable only by the Governing Board at one of its regular meetings, or at a special meeting held in such manner as the Governing Board may authorize. (g) Responding states required to undertake or increase measures pursuant to this compact may receive monies from the Insurance Fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the Insurance Fund. The Governing Board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof. (h) Before authorizing the expenditure of monies from the Insurance Fund pursuant to an application of a requesting state, the Insurance Fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation. (i) The Insurance Fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the Insurance Fund, cooperating federal agencies, states and any other entities concerned.

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Article VII Advisory and Technical Committees The Governing Board may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any such advisory or technical committee, or any member or members thereof may meet with and participate in its deliberations. Upon request of the Governing Board or Executive Committee an advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the Insurance Fund being considered by such Board or Committee and the Board or Committee may receive and consider the same: provided that any participant in a meeting of the Governing Board or Executive Committee held pursuant to Article VI (d) of the compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if made thereafter, no later than the time at which the Governing Board or Executive Committee makes its disposition of the application. Article VIII Relations with Nonparty Jurisdictions (a) A party state may make application for assistance from the Insurance Fund in respect of a pest in a nonparty state. Such application shall be considered and disposed of by the Governing Board or Executive Committee in the same manner as an application with respect to a pest within a party state, except as provided in this Article. (b) At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to Article VI (d) of this compact a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the Governing Board or Executive Committee may provide. A nonparty state shall not be entitled to review of any determination made by the Executive Committee. (c) The Governing Board or Executive Committee shall authorize expenditures from the Insurance Fund to be made in a

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nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them. The Governing Board or Executive Committee may set any conditions which it deems appropriate with respect to the expenditure of monies from the Insurance Fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the Insurance Fund with respect to expenditures and activities outside of party states. Article IX Finance (a) The Insurance Fund shall submit to the executive head or designated officer or officers of each party state a budget for the Insurance Fund for such period as may be required by the laws of that party state for presentation to the legislature thereof. (b) Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The requests for appropriations shall be apportioned among the party states as follows: one-tenth of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products, produced in each party state. In determining the value of such crops and products the Insurance Fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of products. (c) The financial assets of the Insurance Fund shall be maintained in two accounts to be designated respectively as the `Operating Account' and the `Claims Account.' The Operating Account shall consist only of those assets necessary for the administration of the Insurance Fund during the next ensuing two-year period. The Claims Account shall contain all monies not included in the Operating Account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the Insurance Fund for a period of three years. At any time when the Claims Account has reached its maximum limit or would reach its

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maximum limit by the addition of monies requested for appropriation by the party states, the Governing Board shall reduce its budget requests on a pro rata basis in such manner as to keep the Claims Account within such maximum limit. Any monies in the Claims Account by virtue of conditional donations, grants or gifts shall be included in calculations made pursuant to this paragraph only to the extent that such monies are available to meet demands arising out of claims. (d) The Insurance Fund shall not pledge the credit of any party state. The Insurance Fund may meet any of its obligations in whole or in part with monies available to it under Article IV (g) of this compact, provided that the Governing Board takes specific action setting aside such monies prior to incurring any obligation to be met in whole or in part in such manner. Except where the Insurance Fund makes use of monies available to it under Article IV (g) hereof, the Insurance Fund shall not incur any obligation prior to the allotment of monies by the party states adequate to meet the same. (e) The Insurance Fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Insurance Fund shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Insurance Fund shall be audited yearly by a certified or licensed public accountant and a report of the audit shall be included in and become part of the annual report of the Insurance Fund. (f) The accounts of the Insurance Fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the Insurance Fund. Article X Entry Into Force and Withdrawal (a) This compact shall enter into force when enacted into law by any five or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. (b) Any party state may withdraw from this compact by enacting a statue repealing the same, but no such withdrawal

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shall take effect until two years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. Article XI Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters. 2-7-131. Consistent with the law of this state and within the limits of funds appropriated or otherwise available, the departments, agencies, and officers of this state may cooperate with the insurance fund established by the Pest Control Compact. 2-7-132. Pursuant to Article IV (h) of the Pest Control Compact, copies of bylaws and amendments thereto shall be filed with the Commissioner of Agriculture. 2-7-133. The compact administrator for the Pest Control Compact for this state shall be the Commissioner of Agriculture. 2-7-134. Within the meaning of Article VI (b) or VIII (a) of the Pest Control Compact, a request or application for assistance from the insurance fund may be made by the Governor. 2-7-135. (a) The funds necessary to carry out this article and the Pest Control Compact shall be paid from funds appropriated to or otherwise made available to the Department of Agriculture.

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(b) When any payment is made to this state pursuant to the Pest Control Compact for purposes of allowing this state to undertake or intensify a control or eradication program, such payment shall be received by the department, agency, or officer expending funds or becoming liable to expend funds for such control or eradication program. Such payment shall be expended for purposes of such control or eradication program by such department, agency, or officer; and such payment need not be paid into the general fund of the state treasury. 2-7-136. As used in the Pest Control Compact, with reference to this state, the term `executive head' shall mean the Governor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. HEALTHAUTHORIZED RECEIPT AND REUSE OF HEART PACEMAKERS. Code Section 31-1-6 Enacted. No. 1216 (House Bill No. 1057). AN ACT To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to authorize the receipt and reuse of heart pacemakers; to provide definitions; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, is amended by adding at the end of said chapter a new Code Section 31-1-6 to read as follows: 31-1-6. (a) As used in this Code section, the term: (1) `Heart pacemaker' means any electrical device which stimulates the heart muscle so that it contracts at a certain or regular rate. (2) `Medically acceptable' means conforming to prevailing medical standards of cleanliness and manufacturers' applicable standards for functional operation. (3) `Person' includes the following: (A) Any hospital, surgeon, or physician; (B) Any accredited medical school, college, or university; (C) Any licensed, accredited, or approved bank or storage facility of human bodies or parts; or (D) Any specified individual needing implantation of a heart pacemaker. (b) Any person, as defined in subsection (a) of this Code section, shall be authorized to receive and reuse a heart pacemaker, provided that such device is medically acceptable for its proposed reuse. (c) This Code section shall not apply to the receipt and reuse of a nuclear-powered pacemaker. Section 2 . This Act shall become effective upon its approval by 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, 1984.

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PERSONS WHO MAY BE AUTHORIZED TO DISPOSE OF HEART PACEMAKERS UPON DEATH OF INDIVIDUAL POSSESSING SAME. Code Section 44-5-142 Amended. Code Section 53-1-4 Enacted. No. 1217 (House Bill No. 1058). AN ACT To amend the Official Code of Georgia Annotated, so as to authorize the disposition by sale or gift of a heart pacemaker at the death of the individual possessing such pacemaker; to provide which persons may make such disposition in the absence of a contract, will, or other contrary indication of a decedent; to provide that funds from a sale made without direction from a contract or will shall be added to the estate of the decedent; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 44-5-142 of the Official Code of Georgia Annotated, relating to definitions used in the Georgia Anatomical Gift Act, is amended by striking in its entirety paragraph (5) of said Code section and inserting in its place a new paragraph (5) to read as follows: (5) `Part' means organs, tissues, eyes, bones, arteries, blood and other fluids, and any other portions of a human body. The term `part' also means a heart pacemaker. Section 2 . Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions affecting wills, trusts, and administration of estates, is amended by adding at the end of said chapter a new Code Section 53-1-4 to read as follows: 53-1-4. (a) Any individual who is 18 years of age or older and of sound mind may provide for the sale by contract or by will of a heart pacemaker implanted within the individual, such disposition to be made at death. If the sale is by will, it shall be effective without probate.

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(b) When persons in prior classes are not available at the time of death of a person having a heart pacemaker and in the absence of a disposition contract or will, actual notice of contrary indications by the decedent, and actual opposition by a member of the same or a prior class, any of the following persons, in order of priority stated, may sell the heart pacemaker: (1) The spouse; (2) An adult son or daughter; (3) Either parent; (4) An adult brother or sister; (5) A guardian of the person of the decedent at the time of his death other than a guardian ad litem appointed for such purpose; or (6) Any other person authorized or under obligation to dispose of the body. (c) If a buyer has actual notice of contrary indications by the decedent or actual notice that a sale by a member of a class is opposed by a member of the same or a prior class, no valid sale may be made. The persons authorized by subsection (b) of this Code section may make the sale only after the time of death of the person having the heart pacemaker. (d) Unless otherwise provided in a will or contract, all proceeds from sales under this Code section shall be added to the estate of the decedent. (e) Sales of pacemakers under this Code section shall be subject to: (1) Medical acceptability of the heart pacemaker for reuse; and (2) The laws of this state relating to autopsies. (f) This Code section shall not apply to the sale or gift of a nuclear-powered pacemaker.

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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 29, 1984. ELECTIONSFINANCIAL STATEMENT TO ACCOMPANY PAUPER'S AFFIDAVIT FILED TO AVOID PAYMENT OF QUALIFYING FEE. Code Title 21, Chapters 2 and 3 Amended. No. 1218 (House Bill No. 1077). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the submission of a financial statement when a pauper's affidavit is filed in lieu of payment of a candidate's qualifying fee; to provide for the form and content of such affidavit and financial statement; 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 subsection (f) of Code Section 21-2-132, relating to filing notices of candidacy and payment of qualifying fees, in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: (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

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paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the State Election Board and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: `WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. Section 2 . Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 21-2-153, relating to the qualification of candidates for party nomination in a primary, in its entirety and inserting in lieu thereof a new paragraph (2) of subsection (a) to read as follows: (2) (A) The submission of a pauper's affidavit by which the candidate under oath affirms his poverty and his resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the State Election Board and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: `WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be.

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(B) If a candidate seeks to qualify for a county or militia district office, the pauper's affidavit and financial statement shall be presented to the county political party; otherwise, the candidate shall file his pauper's affidavit and financial statement with the state political party. Section 3 . Said title is further amended by striking Code Section 21-3-90, relating to the fixing and publishing of qualifying fees in municipal elections, in its entirety and inserting in lieu thereof a new Code Section 21-3-90 to read as follows: 21-3-90. (a) At least two weeks prior to the closing of qualifications for a special or general municipal election, the governing authority of any municipality shall fix and publish a qualification fee, if any, to be paid by candidates seeking election in any such special or general election. Such fee shall be paid to the municipal superintendent at the time a candidate files his notice of candidacy. 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 municipal 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; provided, however, that, in cases where no income is provided for a municipal office, the governing authority shall be authorized to fix and publish a qualification fee not to exceed $35.00 for such office. (b) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the State Election Board and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: `WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The election superintendent shall place on the ballot the name of any candidate who subscribes and swears to an

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oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. 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, 1984. JOINT MUNICIPAL EMPLOYEES RETIREMENT SYSTEMLAW RELATING THERETO COMPREHENSIVELY REVISED. Code Title 47, Chapter 5 Amended. No. 1219 (House Bill No. 1144). AN ACT To amend Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to the Joint Municipal Employees Retirement System, so as to comprehensively revise the Joint Municipal Employees Retirement System; to provide definitions; to change the name of said system; to provide the appointment, membership, and qualifications of the board of trustees of the system; to provide for officers of the board; to provide the powers of the board; to provide that local government employers authorized to contract with the board shall have the power to provide benefits to its employees subject to the provisions of this chapter; to provide for contracts between said board and certain local government employers to effectuate the purpose of this chapter; to provide for the investment of funds by the board and the accounting therefor; to provide for the payment of benefits; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to the Joint Municipal Employees Retirement System, is amended by striking Code Section 47-5-2, relating to definitions, in its entirety and substituting in lieu thereof a new Code Section 47-5-2 to read as follows: 47-5-2. As used in this chapter, the term: (1) `Benefit system' or `system' means the Joint Municipal Employees Benefit System created by this chapter. (2) `Board of trustees' or `board' means the board of trustees of the Joint Municipal Employees Benefit System. (3) `Contract' means a contract executed pursuant to this chapter between the board of trustees and a member employer. (4) `Defined benefit' means a plan whereby retirement benefits are determined in advance by a formula and the contributions are treated as the variable factor. (5) `Defined contribution' means a plan whereby the contributions to the plan are fixed in advance and the retirement benefit is the variable factor. (6) `Employee' means any full-time salaried or hourly rated person in the active service of an employer and any employees of the board of trustees. Notwithstanding any laws to the contrary, the term also includes any appointed or elected member of the governing authority of a municipal corporation of this state, the chief legal officer or any associate legal officer of a municipal corporation, and any municipal officer elected or appointed to preside over the court of a municipal corporation. Said term shall also include part-time employees of an employer for the purposes of participating in employee benefit plans. (7) `Employee benefits' means group health benefits, group short-term disability benefits, group death benefits, group accidental death and dismemberment benefits, and such other benefits as from time to time the board may deem advisable.

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(8) `Employee benefit fund' means any other pooled fund, other than the retirement fund and workers' compensation fund, created by the board for the purpose of providing employee benefits on behalf of member employers. (9) `Employer' means: (A) A municipal corporation of this state; (B) The Emergency Management Division of the State Department of Defense as created by Chapter 3 of Title 38, the `Georgia Emergency Management Act of 1981'; (C) Local emergency management organizations; (D) Planning and development commissions, including, but not limited to, a planning commission, planning and development commission, or area planning and development commission which are created by one or more municipalities or counties or combinations thereof to serve cities or counties or any combination thereof and which employ a staff and are governed by a separate board or other governing body and whose operations are financed through an independent budget; (E) Municipal authorities, including, but not limited to, a public authority, commission, board, or similar agency which is created by general, local, or special Act of the General Assembly and which carries out its functions wholly or partly within the corporate boundaries of a municipal corporation of this state. The term also includes such bodies which are created or activated by an appropriate ordinance or resolution of the governing body of a municipal corporation individually or jointly with other political subdivisions of this state; (F) The Georgia Municipal Association; (G) The Jointly Owned Natural Gas Transmission Line which was established by contract by the Cities of Perry, Warner Robins, Hawkinsville, and Cochran; or (H) Consolidated city-county governments of this state.

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(10) `Local emergency management organization' means all local organizations for emergency management established pursuant to Chapter 3 of Title 38, the `Georgia Emergency Management Act of 1981,' by a municipal corporation, a county, a combination of one or more municipal corporations or counties, the Governor, or the director of emergency management at the request of the Governor. (11) `Member employer' means an employer which has contracted to become a member of the benefit system as provided for in this chapter or an employer which is a member of a group self-insured workers' compensation fund for which the board serves as trustees. (12) `Participating employee' means an employee of a member employer for whom contributions to the retirement fund are being made under a contract. (13) `Retirement benefits' means defined benefits, defined contribution benefits, and death or disability retirement benefits provided by a member employer to an employee as part of the employee's compensation. The term shall also include optional settlement benefits which are determined by the board of trustees to be actuarially equivalent to the primary retirement benefits provided in a contract; deferred compensation; qualified voluntary employee contributions; and other salary deferral plans authorized by the Internal Revenue Code of the United States. (14) `Retirement fund' means the pooled investment fund for retirement purposes created by this chapter, in which the contributions of participating employees and of member employers are commingled for investment purposes. (15) `Workers' compensation benefits' means benefits payable out of the workers' compensation fund pursuant to Chapter 9 of Title 34 of the Official Code of Georgia Annotated. (16) `Workers' compensation fund' means a group self-insurance fund comprised of employers as defined in paragraph (9) of this Code section. (17) `Vesting,' `vested right,' or `vested benefit' means any right of an employee to the retirement benefits attributable to a

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municipality's contributions under a contract in the event of termination of employment prior to retirement. Section 2 . Said chapter is further amended by striking Code Section 47-5-20, relating to the creation of the board of trustees, in its entirety and substituting in lieu thereof a new Code Section 47-5-20 to read as follows: 47-5-20. There is created a public corporation of this state to be known as `The Board of Trustees of the Joint Municipal Employees Benefit System (JMEBS).' Said corporation shall be the successor to the Joint Municipal Employees Retirement System (JMERS) and it is the intent of this chapter that all rights, duties, and obligations of JMERS are assigned to and are assumed by the new system. The creation of JMEBS shall not increase, diminish, grant, destroy, impair, alter, or otherwise affect any pension, retirement benefit or allowance, survivor's benefit, membership or right to membership, creditable service or right thereto, prior service or right thereto, or any option, election, or right of any kind created pursuant to a contract or ordinance or resolution with the Joint Municipal Employees Retirement System in existence on July 1, 1984. The JMEBS Board shall have and be vested with, as a minimum, the same rights, powers, duties, privileges, and authority of any board of a municipal employee benefit program to which the JMEBS board serves as a successor board. Section 3 . Said chapter is further amended by striking Code Section 47-5-21, relating to membership on the board of trustees, in its entirety and substituting in lieu thereof a new Code Section 47-5-21 to read as follows: 47-5-21. (a) The board of trustees shall consist of 15 members. To be eligible for membership on the board of trustees, a person must be a citizen of this state. Members of the board of trustees shall be eligible to succeed themselves but shall not serve more than three consecutive full terms. (b) Except for the term of the initial board, trustees shall be employees or elected or appointed officers of a member employer. Ten trustees shall be elected officers of a municipal corporation. Five trustees shall be employees or appointed officers of a municipal corporation. The initial trustees whose terms shall begin upon appointment and end as follows shall be:

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(1) Mayor Hobby Stripling of Vienna, Georgia, for a term ending June 30, 1985; (2) Mayor Ernest Whaley of Clarkston, Georgia, for a term ending June 30, 1985; (3) Mayor Tracy Stallings of Carrollton, Georgia, for a term ending June 30, 1985; (4) Mayor Willis Wombles of Wrightsville, Georgia, for a term ending June 30, 1985; (5) City Administrator Robert Schwartz, Garden City, Georgia, for a term ending June 30, 1985; (6) Councilman Clyde Kinnett of East Point, Georgia, for a term ending June 30, 1986; (7) Mayor Cecil Evans of Tifton, Georgia, for a term ending June 30, 1986; (8) Mayor J. I. Youngblood of Ashburn, Georgia, for a term ending June 30, 1986; (9) City Manager Wilbur Avera of Thomaston, Georgia, for a term ending June 30, 1986; (10) City Manager James Calvin of Toccoa, Georgia, for a term ending June 30, 1986; (11) Mayor J. C. Woods of Trion, Georgia, for a term ending June 30, 1987; (12) Mayor Robert Knox, Jr., of Thomson, Georgia, for a term ending June 30, 1987; (13) Mayor Lillian Webb of Norcross, Georgia, for a term ending June 30, 1987; (14) City Clerk Thomas McMinn of Warner Robins, Georgia, for a term ending June 30, 1987; and

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(15) City Manager Alex Howell of Fairburn, Georgia, for a term ending June 30, 1987. (c) As the initial terms for which appointments have been made expire, future such members shall be chosen in accordance with the bylaws of the board of trustees. Upon the expiration of the initial terms of the trustees as provided in subsection (b) of this Code section, should any of the trustees cease to be an employee or an elected or appointed officer of a municipal corporation, the trustee shall no longer be eligible to serve on the board of trustees, and the position shall be deemed to be vacant. Vacancies shall be filled as provided in the bylaws of the board of trustees. Section 4 . Said chapter is further amended by striking Code Section 47-5-22, relating to officers of the board of trustees, in its entirety and substituting in lieu thereof a new Code Section 47-5-22 to read as follows: 47-5-22. At its first meeting following July 1 in each year, the board of trustees shall elect a chairman, secretary, treasurer, and such other officers as provided in the bylaws of the board. The secretary and the treasurer need not be members of the board; and such offices may, in the discretion of the board of trustees, be combined in one person. The secretary and the treasurer, whether or not members of the board of trustees, may receive such compensation as may be fixed by the board of trustees for the performance of their duties. The treasurer shall give good and sufficient bond in such amount as is required by the board of trustees, and the premium on such bond shall be paid from the administrative funds of the board. Section 5 . Said chapter is further amended by striking Code Section 47-5-23, relating to the powers of the board of trustees, in its entirety and substituting in lieu thereof a new Code Section 47-5-23 to read as follows: 47-5-23. The board of trustees shall have the following specific powers, together with such other powers as may be necessary or incidental to such powers in effectuating the purposes of this chapter: (1) To adopt bylaws governing its operations and procedures;

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(2) To contract with municipal corporations and other public bodies of this state and private entities for the use or furnishing of services and facilities necessary, useful, or incident to providing retirement benefits, workers' compensation benefits, and employee benefits under this chapter; (3) To determine the actuarial soundness of proposed contracts for the provision of retirement benefits and employee benefits under this chapter and to execute or reject such contracts; (4) To provide for termination of trusteeship and transfer of assets to successor trustees upon terms specified in the contract for provision of retirement benefits and employee benefits; (5) To contract with member employers to provide employee benefits through the use of insurance companies, self-funding, or other funding method as determined by the board; (6) To employ legal counsel; (7) To employ and contract with actuaries, auditors, accountants, investment advisers, investment brokers, consultants, medical personnel, and other agents and employees; (8) To collect and disburse all funds due or payable under this chapter; (9) To adopt mortality tables and other actuarial assumptions to be used for funding purposes and administrative purposes; (10) To provide for and promulgate all the rules, regulations, and forms that are deemed as necessary or desirable in contracting with member employers, in fulfilling its purposes of providing retirement benefits, workers' compensation benefits, and employee benefits, and in maintaining proper records and accountings; (11) To bring and defend actions, sue and be sued, and plead and be impleaded; (12) To expend funds for the purchase of fidelity and surety bonds and liability insurance for the protection and indemnification of trustees in the performance of their duties;

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(13) To expend funds for the reasonable expenses of trustees while engaged in the performance of their duties; (14) To purchase insurance contracts on the lives of participating employees and pay all premiums thereon; (15) To employ insurance companies to provide actuarial advice; (16) To employ insurance companies, banks, trust companies, and investment brokers as agents for the keeping of records and the receipt and disbursement of funds held by or due the trustees; (17) To serve as trustees of a municipal workers' compensation group self-insurance fund which is established by employers as defined in paragraph (9) of Code Section 47-5-2 and which is operated pursuant to Article 5 of Chapter 9 of Title 34 and rules and regulations of the Georgia Insurance Department, notwithstanding the definition contained in paragraph (11) of Code Section 34-9-151; (18) To accept gifts and donations of property of every nature and use such property for the purposes of this chapter; and (19) To adopt and alter a seal. Section 6 . Said chapter is further amended by striking Code Section 47-5-24, relating to the investment of funds, in its entirety and substituting in lieu thereof a new Code Section 47-5-24 to read as follows: 47-5-24. (a) The board of trustees is authorized to invest and reinvest funds held by it in any investments which are legal investments for domestic insurance companies under the laws of this state or in any investments authorized for trustees of private retirement plans by the Employees Retirement Income Security Act of 1974, as amended. The board of trustees shall have the discretion to decide the allocation of funds among such investments. The board of trustees is further authorized to purchase, acquire, hold, lease, sell, and convey real and personal property.

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(b) The board of trustees is authorized to place funds held by it with banks or trust companies which have corporate trust powers and to authorize any such bank or trust company to invest and reinvest such funds for its account, subject to the investment restrictions of subsection (a) of this Code section. The board of trustees shall prescribe the powers and duties of such banks and trust companies in accordance with this chapter. Funds of the board of trustees on deposit with any one such bank or trust company shall not execute 25 percent of the combined capital and surplus of such bank or trust company. Such bank or trust company shall give bond or pledge sufficient federal or municipal securities to secure the deposits of the board of trustees. (c) The board of trustees is authorized to place funds held by it with insurance companies authorized to do business in this state for the purpose of investment at guaranteed or anticipated rates of interest. Section 7 . Said chapter is further amended by striking Code Section 47-5-26, relating to annual financial reports, in its entirety and substituting in lieu thereof a new Code Section 47-5-26 to read as follows: 47-5-26. The board of trustees shall file with each member employer an annual written report showing pertinent transactions affecting its respective retirement fund account, workers' compensation fund account, or employee benefit fund account since the last previous such report. Within 90 days of the receipt of such report, a member employer may file written objections with the board of trustees with respect to any transactions regarding its account as shown in such report. Section 8 . Said chapter is further amended by striking Code Section 47-5-28, relating to accounts for participating employees, in its entirety and substituting in lieu thereof a new Code Section 47-5-28 to read as follows: 47-5-28. (a) The board of trustees shall administer the retirement fund and shall maintain records as follows: (1) The board of trustees shall maintain individual accounts for each participating employee, to which shall be credited the dollar value of participation allocated to such employee under the

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respective member employer's retirement plan, and such other accounts, if any, as may be reasonably required, in the discretion of the board of trustees, for the convenient administration of the plan; (2) There shall be credited to the contribution account of each member employer all contributions received by the board of trustees from it or its participating employees and there shall be charged against such account all payments made from it pursuant to the terms of the retirement plan, together with any other payment or expenses chargeable against that account; (3) The interest of each member employer in any retirement fund established under the system shall be represented by units which shall constitute equal interest in any such fund; and (4) The board of trustees may from time to time establish new or additional retirement funds and may separate and place new contributions in such funds instead of adding to existing funds, provided that member employers continue to be represented by units which constitute equal interests in such funds. (b) The board of trustees may establish a workers' compensation fund, employee benefit fund, and other funds necessary or incident to the provision of workers' compensation benefits and employee benefits under this chapter. (c) The retirement fund shall not be commingled with the workers' compensation fund, employee benefit fund, or other funds. Section 9 . Said chapter is further amended by striking Code Section 47-5-29, relating to periodic determination of principal and income of the retirement system, in its entirety and substituting in lieu thereof a new Code Section 47-5-29 to read as follows: 47-5-29. (a) The board of trustees shall determine the principal and income of the retirement fund, workers' compensation fund, employee benefit fund, and other funds on periodic evaluation dates established by the board of trustees, but at least once every 12 months. Income shall be determined by the board of trustees in accordance with an established method which it may prescribe in its bylaws and which conforms to acceptable accounting practices in use by corporate trustees. Income shall be added to and become part of

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the principal of the various funds on the periodic valuation dates established under this Code section. The board of trustees shall deduct from either principal or income, or both, such charges, expenses, and liabilities as it determines in its discretion to be chargeable against either. (b) The principal value of each unit into which the funds are divided shall be determined on each such periodic valuation date by dividing the then principal value of the funds by the number of units into which it is then divided. Section 10 . Said chapter is further amended by striking Code Section 47-5-30, relating to periodic audit of accounts, in its entirety and substituting in lieu thereof a new Code Section 47-5-30 to read as follows: 47-5-30. (a) At least once every 12 months an audit shall be made of the retirement fund, workers' compensation fund, employee benefit fund, and other funds by independent certified public accountants responsible only to and appointed by the board of trustees. The compensation and reasonable expenses of any independent public accountants may be charged to the funds and apportioned between the principal and income as the board of trustees may deem proper. (b) The auditors appointed shall audit the accounts of the board of trustees and shall make a report of such audit, which report shall include as list of the investments and other assets comprising the various funds on the last day of the period covered by such audit and shall show the valuation placed on each such investment and asset as of that date. The report shall also include a statement of charges, sales, and any other investment charges, and of all income and disbursements since the last audit, and appropriate comments as to any investment in default as to principal or interest. Promptly upon receipt by the board of trustees of such report, the board of trustees shall send notice to each employer to which a regular periodic accounting would ordinarily be rendered that the report is available and that a copy will be furnished upon request. Such audits shall be included with the annual written report filed with each member employer pursuant to Code Section 47-5-26. (c) In auditing the accounts of the board of trustees, the auditors shall be required to make only such examination of the accounts and records as they deem reasonably necessary. The auditors shall incur

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no liability for any act done or suffered by them in good faith in the exercise of reasonable care. (d) The auditors shall include in their report their unqualified opinion on the presentation of the financial position and operations of the fund. If such auditors are unable to express an unqualified opinion, they shall so state and shall further detail reasons for their qualification or disclaimer, including recommendations for improvements. Section 11 . Said chapter is further amended by striking Article 3, relating to powers of political subdivisions to establish and implement retirement plans for their employees, in its entirety and substituting in lieu thereof a new Article 3 to read as follows: ARTICLE 3 47-5-40. (a) (1) Each employer is empowered to establish a plan or plans for the provision of retirement or employee benefits for its employees. Such plans shall be enacted by ordinance of the governing body of a municipal corporation or by a resolution of the governing body of other employers. The ordinance or resolution shall set forth the employees to be covered, the benefits to be provided, and the conditions of the plan. Benefits under the plan may include retirement and employee benefits. A plan for employee benefits may provide for the method of funding such benefits through the use of insurance, self-funding, or otherwise. (2) Any contract between the board of trustees and a member employer which provides a defined benefit plan shall contain a provision that such defined benefits are to be provided, to the extent fixed in such plan, by the employer and that the board of trustees does not guarantee the defined amount. (b) Each employer is further empowered to implement such plan or plans by contract with the board of trustees in accordance with the rules and regulations promulgated by the board of trustees. The contract with the board of trustees shall be executed pursuant to the ordinance or resolution which enacted the plan. (c) Each employer is authorized to make reasonable classifications of employees in its plan and to provide for integration of its plan with social security benefits and with other retirement or pension

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plans under which certain classes of employees may be entitled to benefits. (d) Each employer is authorized to appropriate funds to provide the benefits under such plan and to pay its respective portion of the administrative costs of the board of trustees in administering the system. Each employer is further authorized to pay the total contribution on behalf of its employees or to provide that a portion, not to exceed 50 percent of the contribution, be deducted from the salaries of participating employees. (e) Contributions paid by a municipal corporation shall be paid from municipal funds which are on hand or which will be collected in the year the contribution is made and shall not be deemed to create a debt of the municipal corporation. 47-5-41. (a) (1) The board of trustees has the power to establish one or more master plans which may be adopted by any employer that, upon the date that it agrees to join the plan, has fewer than 16 employees who elect and are qualified for plan participation. The employees to be covered, the retirement and employee benefits to be provided, and the terms and conditions for retirement benefits and other benefits shall be provided in the master plan. A municipal corporation is empowered to adopt such a plan by ordinance and to execute an agreement with the board of trustees to provide retirement and employee benefits as provided in the plan and to designate a board of trustees of the plan. Other employers shall have the power to adopt such plans by resolution of its governing body and to execute such agreements. The agreement, plan, and trust entered into by each member employer shall constitute a separate plan and trust and should be considered as such by the board of trustees. A master plan providing employee benefits may provide for the method of funding such benefits through the use of insurance, self-funding, or otherwise. (2) Any agreement between the board of trustees and a member employer which provides a defined benefit plan shall contain a provision that such defined benefits are to be provided, to the extent fixed in the master plan, by the member employer and that the board of trustees does not guarantee the fixed amount.

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(b) The board of trustees is empowered to implement such plan by separate agreement with each employer which has adopted such plan by ordinance or resolution, in accordance with this chapter and with the rules and regulations promulgated by the board of trustees. Execution of an agreement between an employer and the board of trustees shall constitute a contract binding on both parties to provide benefits according to the plan and the terms set forth in the agreement. (c) The board of trustees is authorized to specify in the master plan reasonable employee classifications and to provide, where appropriate, for integration of the benefits provided in the master plan with social security benefits and with other retirement or pension plans under which certain classes of employees may be entitled to benefits. The board of trustees shall incorporate into the master plan the provisions authorized in Code Sections 47-5-42, 47-5-43, and 47-5-44, relative to the selection of various plan features. (d) Employers are authorized to appropriate funds to provide the benefits specified in such master plan and to pay their portion of the administrative costs of the board of trustees in administering the system. Each employer is authorized to pay the total contribution on behalf of its employees or to provide that a portion, not to exceed 50 percent of such contribution, be deducted from the salaries of participating employees. (e) Contributions paid by a municipal corporation shall be paid from municipal funds which are on hand or which will be collected in the year the contribution is made and shall not be deemed to create a debt of the municipal corporation. 47-5-42. (a) Each member employer that has adopted a plan for the provision of retirement benefits or employee benefits under Code Section 47-5-40 is authorized in its plan and contract to include such provisions as are necessary for the development of a suitable plan, which provisions shall be subject to the approval of the board of trustees, including, but not limited to, the following: (1) Minimum age at entry into its plan; (2) Minimum years of service at entry into its plan;

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(3) Maximum years of service credit allowable; (4) Provisions relating to separation and return to employment; (5) Types of benefits to be provided; (6) Types of vesting provisions, if any, to be provided; (7) Types of disability retirement provisions, if any, to be provided; (8) Minimum years of required participation in the plan; and (9) Any other provisions necessary, incidental, or helpful in providing the intended benefits. (b) The board of trustees is authorized to reject any contract provision which it determines to be actuarially unsound or which it determines would create an undue administrative burden. 47-5-43. Each member employer may provide in its plan for early and normal retirement ages. A member employer may defer the retirement of an employee who has reached normal retirement age. 47-5-44. Each member employer that has adopted a plan providing retirement benefits under Code Section 47-5-40 is authorized in its plan and contract to determine what credit, if any, shall be allowed for prior service. The financial liability incurred by the member employer for any such prior service credits allowed shall be actuarially determined and incorporated in the contract, which shall set forth the manner in which such liability shall be defrayed by the member employer. 47-5-45. The board of trustees may provide rules under which contracts with member employers may provide for uninterrupted participation by a participating employee who transfers his employment from one member municipality to another. 47-5-46. Member employers which provide retirement benefits under a local or special Act may contract with the board of trustees for transfer of credits to this retirement system and continuation of

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accrued benefits to their employees under terms which may be provided by amendment to such local or special Act and which are not inconsistent with this chapter or rules or regulations adopted pursuant to this chapter. Otherwise, this chapter is not intended to affect existing retirement or pension systems established by local or special Act or to preclude the establishment of individual employer retirement systems by future local or special Acts. 47-5-47. Plans providing for retirement benefits established under this chapter shall provide that mandatory contributions made by a participating employee shall be returned to such employee or his estate in the event of death before retirement. If the employee is separated from employment prior to the time he is eligible for retirement benefits, such contributions shall be returned unless the employee chooses to claim his vested benefits, in which case the employee contributions shall remain with the fund until such time as the employee becomes eligible for the vested benefits. Such contributions may be returned without interest or with such interest as is provided in the plan. Section 12 . Said chapter is further amended by adding at the end thereof a new Code Section 47-5-72 to read as follows: 47-5-72. Except as otherwise specified herein, the provision of retirement benefits and employee benefits pursuant to this chapter shall not be subject to regulation under Title 33 of this Code. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984.

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AD VALOREM TAXATION OF PROPERTYCERTAIN EXEMPTIONS CONTINUED. Code Title 48, Chapter 5 Amended. No. 1220 (House Bill No. 1169). AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxes, so as to provide for certain changes carried out by the Constitution of the State of Georgia ratified in 1982; to provide for continuation of the exemptions from ad valorem taxation in effect on June 30, 1983, for certain harvested agricultural products, the homesteads of certain persons 65 years of age or over, the homesteads of certain disabled veterans and their families, certain tangible personal property consisting of inventory of goods, and vehicles of certain disabled veterans; to authorize the continuation and modification of certain local exemptions from taxation and provide for procedures in connection therewith; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxes, is amended by striking paragraph (10) of subsection (a) of Code Section 48-5-41, relating to exemptions from ad valorem taxation, and inserting in its place a new paragraph (10) to read as follows: (10) All farm products grown in this state and remaining in the hands of the producer during the one year beginning immediately after their production and harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured or aged for a period in excess of one year after harvesting and before manufacturing, and which are held in this state for manufacturing and processing purposes;. Section 2 . Said chapter is further amended by striking Code Section 48-5-47, relating to applications for homestead exemptions by

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certain individuals 65 years of age or over, and inserting in its place a new Code section to read as follows: 48-5-47. (a) Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia ratified in 1982 continues in effect as statutory law, until otherwise provided for by law, those types of exemptions from ad valorem taxation in effect on June 30, 1983. One such exemption is the homestead exemption granted to certain individuals 65 years of age or over by the seventh unnumbered subparagraph of Article VII, Section I, Paragraph IV of the Constitution which reads as follows: `Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or

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may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980.' Said provisions of the Constitution of 1976 shall continue in effect as statutory law until otherwise provided for by law. (b) The application for the homestead exemption of individuals 65 years of age or older provided for by subsection (a) of this Code section shall be in the form prescribed by the commissioner. The application shall require the applicant's social security number. The tax commissioner or tax receiver shall be authorized to have the statement of income of any claimant verified by the department upon sending the social security number of a claimant to the department. Section 3 . Said chapter is further amended by adding at the end of Code Section 48-5-48, relating to homestead exemptions for disabled veterans and their families, a new subsection (d) to read as follows: (d) Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia ratified in 1982 continues in effect as statutory law, until otherwise provided for by law, those types of exemptions from ad valorem taxation in effect on June 30, 1983. One such exemption is the homestead exemption granted, subject to the other provisions of this Code section, to disabled veterans and their surviving spouses and minor children by the sixth unnumbered subparagraph of Article VII, Section I, Paragraph IV of the Constitution of 1976 which reads as follows: `Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $25,000.00 on his homestead, which he owns and which he actually

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occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term disabled veteran, as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, or blindness in both eyes, having only light perception, plus loss, or loss of use, of one lower extremity, or due to the loss, or loss of use, of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. The unremarried widow or minor children of any such disabled veteran, as defined herein, shall also be entitled to an exemption of $25,000.00 on the homestead so long as the unremarried widow or minor children continue to actually occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the exemption granted herein to the veteran, his unremarried widow or minor children shall remain subject to taxation. The State Revenue Commissioner is hereby authorized and directed to notify each tax collector, tax receiver and tax commissioner in this State in the event this amendment to the Constitution is ratified by the electorate. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1978.' Said provisions of the Constitution of 1976 shall continue in effect as statutory law until otherwise provided for by law. Section 4 . Said chapter is further amended by adding a new Code Section 48-5-48.2 to read as follows: 48-5-48.2. Article VII, Section II, Paragraph III (a) of the Constitution of the State of Georgia ratified in 1982 continues in effect the exemption for certain tangible personal property, commonly known as the freeport exemption, formerly granted by the Constitution of 1976. Said Article VII, Section II, Paragraph III (a) of the Constitution ratified in 1982 provides that until otherwise provided by law such exemption shall be subject to the same conditions,

Page 1062

limitations, definitions, and procedures provided for by the following provisions of the Constitution of 1976: `The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for State purposes, all or any combination of the following types of tangible personal property: (1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia. The exemption provided for herein shall apply only to tangible personal property which is substantially modified, altered or changed in the ordinary course of the taxpayer's manufacturing, processing or production operations in this State. (2) Inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is produced or manufactured. (3) Inventory of finished goods which, on the first day of January, are stored in a warehouse, dock or wharf, whether public or private, and which are destined for shipment to a final destination outside the State of Georgia and inventory of finished goods which are shipped into the State of Georgia from outside this State and stored for transshipment to a final destination outside this State. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is stored in this State. All property that is claimed to be exempt under the provisions of this subsection shall be designated as being in transit upon the official books and records of the warehouse, dock, or wharf, whether public or private, where such property is

Page 1063

being stored. Such official books and records shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such in transit property, shall be at all times open to the inspection of all taxing authorities of this State and of any political subdivision of this State. As used in this Paragraph, the following words, terms and phrases are defined as follows: (a) Finished Goods shall mean goods, wares, and merchandise of every character and kind, but shall not include unrecovered, unextracted, or unsevered natural resources, or raw materials, or goods in the process of manufacture or production, or the stock-in-trade of a retailer. (b) Raw Materials shall mean any material whether crude or processed that can be converted by manufacture, processing, or combination into a new and useful product, but shall not include unrecovered, unextracted, or unsevered natural resources. Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided herein, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined herein which are being proposed to be exempted from taxation. The election superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided

Page 1064

herein may, by appropriate resolution, a copy of which shall be immediately transmitted to the State Revenue Commissioner, exempt from taxation 20%, 40%, 60%, 80% or all of the value of such tangible personal property as defined herein. Provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided herein. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the State Revenue Commissioner; provided, that such increase shall be in increments of 20%, 40%, 60%, or 80% of the value of such tangible personal property as defined herein, within the discretion of such governing authority. If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing with the next ensuing calendar year, otherwise such exemption may not be granted. Exemptions may only be revoked by a referendum election called and conducted as provided herein; provided, that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum.' Said provisions of the Constitution of 1976 shall continue in effect as statutory law until otherwise provided for by law. Section 5 . Said chapter is further amended by striking subsection (a) of Code Section 48-5-50.1, relating to procedure for returning and claiming local homestead exemptions, and inserting in its place a new subsection to read as follows: (a) This Code section shall govern the procedure for returning and claiming homestead exemptions which are created by or pursuant to local laws or constitutional exemptions which were not general amendments. If, however, such a constitutional amendment or local law contains provisions which are in conflict with this Code section, then such other provisions shall prevail over this Code section.

Page 1065

Section 6 . Said chapter is further amended by adding a new Code Section 48-5-54 to read as follows: 48-5-54. The exemptions granted to the homestead pursuant to this part shall extend to and shall apply to those properties the legal title to which is vested in one or more titleholders if actually occupied by one or more of such owners as a residence. In such instances, such exemptions shall be granted to such properties if claimed in the manner provided by law by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads the title to which is vested in an administrator, executor, or trustee if one or more of the heirs or cestui que uses residing on such property claims the exemption in the manner provided by law. The provisions of this Code section shall also apply to exemptions granted to the homestead by any local law adopted after the effective date of this Code section unless the local law expressly provides to the contrary. Section 7 . Said chapter is further amended by adding a new Code Section 48-5-55 to read as follows: 48-5-55. (a) Exemptions from ad valorem taxation granted by or pursuant to constitutional amendments other than general constitutional amendments of state-wide application, which exemptions were in effect on June 30, 1983, are continued in effect as statutory law until otherwise provided for by law. (b) The provisions of this part shall not prohibit any otherwise lawful local Act from granting exemptions from ad valorem taxes other than state ad valorem taxes, which exemptions are in addition to or in place of the exemptions granted pursuant to this part. Section 8 . Said chapter is further amended by adding a new Code Section 48-5-478 to read as follows: 48-5-478. Article VII, Section VII, Paragraph IV of the Constitution of the State of Georgia ratified in 1982 continues in effect as statutory law, until otherwise provided for by law, those types of exemptions from ad valorem taxation in effect on June 30, 1983. One such exemption is the exemption granted to certain disabled veterans for their vehicles by the thirteenth unnumbered subparagraph of Article VII, Section I, Paragraph IV of the Constitution of 1976 which reads as follows:

Page 1066

`Any disabled veteran who is a citizen and resident of Georgia is hereby granted an exemption from all ad valorem taxes for State, county, municipal and school purposes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia. The term disabled veteran, as used herein, means any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Veterans Administration of the United States as being 100 percent totally and permanently disabled and entitled to receive service-connected benefits and any veteran who is receiving or who is entitled to receive a statutory award from the Veterans Administration for: (1) Loss or permanent loss of use of one or both feet; (2) Loss or permanent loss of use of one or both hands; (3) Loss of sight in one or both eyes; (4) Permanent impairment of vision of both eyes of the following status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye.' Said provisions of the Constitution of 1976 shall continue in effect as statutory law until otherwise provided for by law. Section 9 . In the event of any conflict between this Act and any other Act of the 1984 General Assembly the provisions of such other Act shall control over the provisions of this Act. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984.

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PHYSICIANS AND OSTEOPATHSMETHODS OF EVALUATION, ETC., OF MEDICAL AND OSTEOPATHIC COLLEGESLICENSING OF CERTAIN GRADUATES. Code Title 43, Chapter 34 Amended. No. 1221 (House Bill No. 1181). AN ACT To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, so as to provide for methods of evaluation, inspection, and approval for medical and osteopathic colleges; to provide for licensing of certain medical school graduates; to provide for internship or residency training program requirements for graduates from medical and osteopathic colleges; to provide for internship or residency training requirements for candidates for reciprocity; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, is amended by striking in its entirety subsection (a) of Code Section 43-34-27, relating to license requirements for persons engaged in practice of medicine, and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) (A) Any person who wishes to obtain the right to practice medicine in this state and who was not, prior to March 16, 1970, registered or licensed to practice medicine, either by the State Board of Medical Examiners or the State Board of Examiners in Osteopathy, shall, before it shall be lawful for him to practice medicine in this state, make application to the board through the joint-secretary, upon such forms and in such manner as shall be adopted and prescribed by the board, and shall obtain from the board a license to practice medicine. Any person who practices medicine without first having obtained a license shall be deemed to have violated this chapter. All applicants for a license to practice

Page 1068

medicine or for a renewal of any such license which has been revoked shall furnish the board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied by proof that the applicant is a graduate of one of the two colleges of medicine now existing in this state, or from some other legally incorporated medical college or osteopathic college. (B) The board by rule or regulation may establish standards and procedures for evaluating, inspecting, and approving any medical or osteopathic college not already approved by it on or before March 16, 1970. The evaluation procedure may include consideration of reports from any outside agency having expertise in medical or osteopathic college evaluation; provided, however, that the board shall make the final decision on approval of medical and osteopathic colleges. Nothing contained in this Code section shall prevent the approval of medical schools outside of the United States or the licensing of graduates of medical schools outside of the United States if such schools and their graduates comply with the standards established in this Code section and by rule of the board. (2) Graduates of board approved medical or osteopathic colleges and persons who are graduated on or before July 1, 1985, from medical or osteopathic colleges which are not approved by the board must complete one year of a board approved internship or residency training program to be eligible to stand any regular examination given by the board for a license to practice medicine in this state. Persons who are graduated after July 1, 1985, from medical or osteopathic colleges which are not approved by the board must complete three years of a board approved internship or residency training program to be eligible to stand any regular examination given by the board for a license to practice medicine in this state. However, before any 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.

Page 1069

(3) If the applicant submits proof that he has had training as an intern or resident as required in paragraph (2) of subsection (a) of this Code section and if he furnishes satisfactory evidence of attainments and qualifications under this chapter and the rules and regulations of the board, he shall be eligible to receive a license from the board giving him absolute authority to practice medicine in this state, provided that the board shall, before approving any internship program not already approved by it on or before March 16, 1970, evaluate or inspect such internship program and determine that such internship program meets the standards of programs approved by the board on or before March 16, 1970. (4) If the date of graduation from an institution mentioned in subparagraph (B) of paragraph (1) of this subsection is on or before January 1, 1967, no proof of internship in an approved hospital need be submitted to obtain a license from the board. Section 2 . Said chapter is further amended by striking in its entirety paragraph (3) of Code Section 43-34-29, relating to waiver of examination for persons licensed by other states, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) If the date of the license from the board of such other state is after April 18, 1967, the applicant shall submit proof that he has had the same training as is required for applicants for examination in paragraph (2) of subsection (a) of Code Section 43-34-27, in which event the board shall grant the applicant a license from the board giving the applicant absolute authority to practice medicine in this state, provided that if the date of completion of such internship program occurred prior to July 1, 1963, the board shall not grant such license by reciprocity, except as allowed pursuant to the final proviso of this paragraph, unless the internship program was approved by the board as of the date of completion of such internship program by the applicant; and provided, further, that the board may, in its discretion, waive the requirements of this paragraph after determining that an applicant licensed to practice medicine in another state which does not require an internship or residency has been actively engaged in the practice of medicine in such other state for at least two years.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. DISTINCTIVE DRIVERS' LICENSES FOR MINORSAMOUNT OF RESTORATION FEE CHANGED. Code Section 40-5-26 Amended. No. 1222 (House Bill No. 1199). AN ACT To amend Code Section 40-5-26 of the Official Code of Georgia Annotated, relating to distinctive drivers' licenses for minors and the conditional nature of distinctive licenses, so as to change the amount of restoration fee necessary for the reinstatement of a distinctive conditional driver's license after suspension; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 40-5-26 of the Official Code of Georgia Annotated, relating to distinctive drivers' licenses for minors and the conditional nature of distinctive licenses, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) Upon receiving a record of the holder of a distinctive conditional license being convicted for an offense specified in subsection (c) of this Code section, the department shall suspend the distinctive conditional license for one year when the conviction is for a first offense. However, after a minimum of 60 days has expired following the surrender of the license under subsection (f) of this Code section, upon application being made to the department and

Page 1071

upon the submission of proof to the department that the person whose license is suspended has completed an approved defensive driving course or an approved basic alcohol or drug course if the offense was driving under the influence of alcohol or drugs and upon the payment of restoration fee of $25.00, the department may reinstate the distinctive conditional driver's license. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. GENERAL ASSEMBLYCOMPOSITION OF CERTAIN REPRESENTATIVE DISTRICTS CHANGED. Code Section 28-2-1 Amended. No. 1223 (House Bill No. 1211). 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. 144 and 145 and inserting in lieu thereof the following new descriptions of said districts:

Page 1072

District No. 144 - 1 Representative Colquitt Tract 9903 That part of Block 305 which lies west of the Ochlocknee River Blocks 306 through 316 That part of Block 317 within the City of Doerun That part of Block 317 outside the City of Doerun which lies west of the Ochlocknee River Those parts of Blocks 326 and 331 which lie west of the Ochlocknee River Block 334 Block Group 4 That part of Block 501 which lies west of the Ochlocknee River Blocks 502 through 531 That part of Block 601 outside the City of Moultrie Blocks 609 through 639 Block Group 7 Tract 9904 Blocks 307 through 329 That part of Block 330 outside the City of Moultrie Blocks 331 through 334, 399, 401 through 406, 501 through 514, 601 through 610, and 612 through 624 Mitchell Thomas Tract 9902 Blocks 105 through 175 and 184 through 197 District No. 145 - 1 Representative Colquitt Tracts 9901 and 9902 Tract 9903 Block Groups 1 and 2 Blocks 302 through 304 That part of Block 305 which lies east of the Ochlocknee River

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That part of Block 317 outside the City of Doerun which lies east of the Ochlocknee River Blocks 318 through 325 That part of Block 326 which lies east of the Ochlocknee River Blocks 327 through 330 That part of Block 331 which lies east of the Ochlocknee River Blocks 332 and 333 That part of Block 501 which lies east of the Ochlocknee River That part of Block 601 within the City of Moultrie Blocks 602 and 605 through 608 Tract 9904 Block Groups 1 and 2 Blocks 301 through 306 Tracts 9905 and 9906 Section 2 . 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 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984.

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GEORGIA SAFE DRINKING WATER ACT OF 1977AMENDEDBONDS, ETC., FOR CERTAIN PUBLIC WATER SYSTEMS. Code Section 12-5-179 Amended. No. 1224 (House Bill No. 1346). AN ACT To amend Code Section 12-5-179 of the Official Code of Georgia Annotated, relating to permits for operation of water systems under the Georgia Safe Drinking Water Act of 1977, so as to provide conditions under which the director of the Environmental Protection Division may require a performance bond or irrevocable letter of credit for certain public water systems; 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 12-5-179 of the Official Code of Georgia Annotated, relating to permits for operation of water systems under the Georgia Safe Drinking Water Act of 1977, is amended by adding at the end thereof a new subsection (g) to read as follows: (g) (1) A performance bond or letter of credit may be required by the director to further assist in the assurance that a public water system serving year-round residents maintains compliance with the established contaminant levels and the provision of an adequate supply of water at or above the required minimum pressure. Such a performance bond or letter of credit shall be required of the owner or operator of any public water system serving year-round residents if: (A) After the first violation of contaminant or water supply standards or requirements, the owner or operator of the public water system fails to make the necessary corrections after receiving a notice from the director specifying:

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(i) The corrections which must be made; and (ii) A reasonable period of time for the completion of necessary corrective action; or (B) After a second violation of contaminant or water supply standards or requirements, the director makes a determination, based on factors such as past performance, frequency and severity of violations, and timeliness of corrective action, that a performance bond or letter of credit is required. (2) Any owner or operator of a public water system serving year-round residents who is required to obtain a performance bond or letter of credit pursuant to paragraph (1) of this subsection shall file with the director the following: (A) A performance bond, payable to the director and issued by an insurance company authorized to issue such bonds in this state; or (B) An irrevocable letter of credit, issued in favor of and payable to the director, from a commercial bank or other financial institution approved by the director. (3) The bond or letter of credit required in paragraph (2) of this subsection shall be: (A) Conditioned upon faithful compliance with this part, the regulations promulgated thereto, and the conditions and terms of the permit issued for the operation of the public water system; (B) In such amount as determined by the director as necessary to ensure the continued lawful operation of the public water system for a period up to ten years in the event the owner or operator fails to do so; provided, however, the range shall be as follows: (i) Systems with 25 service connections or lessan amount not to exceed $30,000.00; (ii) Systems with 26 to 50 service connectionsan amount not to exceed $40,000.00; or

Page 1076

(iii) Systems with more than 50 service connectionsan amount not to exceed $50,000.00; (C) Subject to termination or expiration only upon 120 days' written notice to the director; and (D) Conditioned upon coverage for any violation occurring during the term of the bond or letter of credit of which written notice has been given to the owner or operator prior to 120 days after said term even though the initial or final determination of the violation occurs after the term of the bond or letter of credit. (4) If an existing bond or letter of credit is to expire or terminate, the owner or operator of the public water system shall file a replacement bond or letter of credit meeting the requirements of this subsection at least 60 days prior to the termination or expiration of the existing bond or letter of credit. (5) Upon a determination by the director that an owner or operator has violated this part, the regulations promulgated thereunder, or the terms or conditions of a permit, the director may, after written notice of the violation to the owner or operator: (A) Forfeit or draw that amount of such bond or letter of credit that the director determines necessary to correct the violations determined and continue the lawful operation of the public water system; and (B) Expend such amount for such purposes. (6) No action taken by the director pursuant to this subsection, including the forfeiture of a bond or the drawing of funds from a letter of credit, shall relieve the owner or operator of a public water system from compliance with all provisions of this part, including the requirement to maintain in full force and effect a bond or letter of credit meeting the requirements of this subsection. (7) Every permit issued under this part shall be conditioned upon compliance with this subsection.

Page 1077

(8) The provisions of this subsection shall not apply to: (A) Any public water system of the state, an agency of the state, a county, a municipality, or of any other political subdivision or governmental entity; (B) Any water system owned by a church or other religious institution; (C) Any water system owned or provided by an employer and used primarily to serve employees; and (D) Any water system which is jointly owned by private individuals who are the users of the water supplied by the 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. Approved March 29, 1984. STATE GOVERNMENTINTERAGENCY MOTOR POOLSRULES GOVERNING MAINTENANCE, REPAIR, ETC. OF MOTOR VEHICLES CHANGED. Code Section 50-19-1 Amended. No. 1225 (House Bill No. 451). AN ACT To amend Code Section 50-19-1 of the Official Code of Georgia Annotated, relating to the establishment and operation of interagency

Page 1078

motor pools by the Department of Administrative Services, so as to change the provisions relative to rules governing the maintenance, repair, and service of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 50-19-1 of the Official Code of Georgia Annotated, relating to the establishment and operation of interagency motor pools by the Department of Administrative Services, is amended by striking paragraph (3) of subsection (b) of said Code section in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) To provide rules and regulations, including a system of billings for motor vehicle service (including the provision of fuel), maintenance, and repair costs, governing the maintenance, repair, service, and sale of fuel for motor vehicles which are. (A) Owned by any department, institution, board, bureau, or agency of the state; (B) Owned by any other governmental entity; or (C) Purchased with state grant funds for use under contract to any department, institution, board, bureau, or agency of the state in order to allow said department, institution, board, bureau, or agency to carry out its duties; . Section 2 . Said Code section is further amended by striking the period at the end of paragraph (4) of subsection (b) of said Code section and inserting in lieu thereof ; and by adding at the end of subsection (b) a new paragraph (5) to read as follows: (5) To promulgate rules and regulations authorizing and governing the rental of interagency motor pool vehicles by officials, officers, and employees of local political subdivisions of the state when, in the sole discretion of the commissioner of administrative services, it is in the best interests of the state to allow such rentals. 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 29, 1984. LANDLORD AND TENANTPOLITICAL SUBDIVISIONS OF STATE PROHIBITED FROM ENFORCING RENT CONTROL ORDINANCES. Code Section 44-7-19 Enacted. No. 1226 (House Bill No. 594). AN ACT To amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding landlord and tenant, so as to provide for the preemption by the state of the power to control the amount of rent to be charged for single-family or multiple-unit residential property; to provide certain exceptions; 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 44 of the Official Code of Georgia Annotated, relating to general provisions regarding landlord and tenant, is amended by adding a new Code section immediately following Code Section 44-7-18, to be designated Code Section 44-7-19, to read as follows: 44-7-19. No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which would regulate in any way the amount of rent to be charged for privately owned, single-family or multiple-unit residential rental property. This Code section shall not be construed as prohibiting any county or municipal corporation, or any authority created by a county or municipal corporation

Page 1080

for that purpose, from regulating in any way property belonging to such county, such municipal corporation, or such authority from entering into any agreements with private persons, which agreements regulate the amount of rent to be charged for such rental properties. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. INSURANCEREQUIREMENTS TO QUALIFY TO TRANSACT BUSINESS CHANGED, ETC. Code Title 33 Amended. No. 1227 (House Bill No. 634). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change the provisions relative to the amount of paid-in capital stock or surplus required in order to qualify for authority to transact insurance in this state; to change the requirements of additional surplus for new insurers; to provide for editorial revision; to change the provisions relative to the applicability of Chapter 38, relating to the Georgia Life and Health Insurance Guaranty Association; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (a) of Code Section 33-3-6, which reads as follows:

Page 1081

(a) To qualify for authority to transact insurance, an insurer shall possess and thereafter maintain paid-in capital stock if a stock insurer or surplus if a foreign or alien mutual or reciprocal insurer in an amount not less than $200,000.00 for each class of insurance in which the insurer will engage; but the maximum for any combination of kinds of insurance shall not be required to exceed $400,000.00., in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) On or after July 1, 1984, to qualify for an original certificate of authority to transact a class of insurance, other than the class of life, accident, and sickness insurance, an insurer shall possess and thereafter maintain a minimum of $600,000.00 in capital stock, if a stock insurer, or in surplus, if a foreign or alien mutual or reciprocal insurer. On and after July 1, 1984, to qualify for an original certificate of authority to transact the class of life, accident, and sickness insurance, an insurer shall possess and thereafter maintain a minimum of $800,000.00 in capital stock, if a stock insurer, or in surplus, if a foreign or alien mutual or reciprocal insurer. On and after July 1, 1984, in order to transact an additional class or classes of insurance, an insurer shall possess and thereafter maintain an additional $200,000.00 in capital stock, if a stock insurer, or in surplus, if a foreign or alien mutual or reciprocal insurer. (2) Notwithstanding the requirements of paragraph (1) of this subsection, for the purposes of subsection (d) of Code Section 33-7-14, the minimum capital requirement of reinsurers approved by the Commissioner pursuant to said Code section shall be $200,000.00. Section 2 . Said title is further amended by striking Code Section 33-3-7, relating to the requirement of additional surplus for new insurers, in its entirety and inserting in lieu thereof a new Code Section 33-3-7 to read as follows: 33-3-7. In addition to the minimum paid-in capital of stock insurers or minimum surplus of mutual and reciprocal insurers required by this title, an insurer shall possess when first authorized in this state surplus or additional surplus equal to the larger of $400,000.00 (stock, mutual, and reciprocal insurers) or 50 percent of its paid-in capital stock (if a stock insurer) or of its surplus (if a mutual or reciprocal insurer) otherwise required under Code Section 33-3-6 for the kinds of insurance to be transacted.

Page 1082

Section 3 . Said title is further amended by striking from the table contained in subsection (b) of Code Section 33-14-61, relating to types of insurance which newly organized insurers may transact, columns (G) and (H) which read as follows: (G) (H) Minimum Surplus Funds (VI) Deposit of Surplus (VI) $200,000 $200,000 200,000 200,000 200,000 200,000 200,000 200,000 300,000 300,000, and inserting in lieu thereof new columns (G) and (H) to read as follows: (G) (H) Minimum Surplus Funds (VI) Deposit of Surplus (VI) $400,000 $400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 Section 4 . Said title is further amended by striking paragraph (4) of subsection (b) of Code Section 33-14-4, relating to the procedure for incorporation of insurers and the contents of the application for a charter, in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:

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(4) The kinds of insurance the corporation is formed to transact according to the definitions of insurance set forth in Chapter 7 of this title;. Section 5 . Said title is further amended by striking subsection (b) of Code Section 33-38-2, relating to the applicability of provisions relative to the Georgia Life and Health Insurance Guaranty Association, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) This chapter shall not apply to: (1) That portion or part of a variable life insurance or variable annuity contract not guaranteed by an insurer; (2) That portion or part of any policy or contract under which the risk is borne by the policyholder; (3) Any policy or contract or part thereof assumed by the impaired or insolvent insurer under a contract of reinsurance, other than reinsurance for which assumption certificates have been issued; (4) Any policy, contract, certificate, or subscriber agreement issued by a nonprofit hospital service corporation referred to in Chapter 19 of this title, a health care plan referred to in Chapter 20 of this title, a nonprofit medical service corporation referred to in Chapter 18 of this title, a prepaid legal services plan, as defined in Code Section 33-35-2, and a health maintenance organization, as defined in Code Section 33-21-1; (5) Any policy, contract, or certificate issued by a fraternal benefit society, as defined in Code Section 33-15-1; or (6) Accident and sickness insurance as defined in Code Section 33-7-2 when written by a property and casualty insurer as part of an automobile insurance contract. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. AUCTIONEERSMEMBERSHIP OF COMMISSION CHANGEDUNLAWFUL PRACTICES. Code Title 43, Chapter 6 Amended. No. 1228 (House Bill No. 884). AN ACT To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of auctioneers, so as to change the membership of the commission; to make it unlawful for a licensed auctioneer to engage in the practice of auctioning real property unless such auctioneer is licensed as a real estate broker, associate broker, or salesperson; to provide an 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 6 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of auctioneers, is amended by striking in their entirety subsections (b) and (c) of Code Section 43-6-2, relating to the membership of the commission, and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) The commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate. Initial terms of appointment shall include one member to be appointed for a term of one year, one member to be appointed for a term of two years, one member to be appointed for a term of three years, one member to be

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appointed for a term of four years, and two members to be appointed for terms of five years. All subsequent appointments shall be for a term of five years, to end on the anniversary date of original appointments, except appointments to fill a vacancy which shall be for the unexpired term only. (c) Five members of the commission shall be licensed auctioneers who shall have been residents of this state and actively engaged in the auctioneering business for at least five years. One member shall be a resident of this state and shall have no connection whatsoever with the practice or profession of auctioneering. Section 2 . Said chapter is further amended by striking Code Section 43-6-9, relating to licenses for auctioneers, in its entirety and inserting in lieu thereof a new Code Section 43-6-9 to read as follows: 43-6-9. (a) It shall be unlawful for any person, directly or indirectly, to engage in, conduct, advertise, hold himself out as engaging in or conducting the business of, or act in the capacity of, an auctioneer or apprentice auctioneer within this state without first obtaining a license as an auctioneer or apprentice auctioneer, as provided in this chapter, unless he is exempted from obtaining a license under Code Section 43-6-24. (b) It shall be unlawful for any licensed auctioneer or apprentice auctioneer to act in such capacity in the sale of real property unless such auctioneer or apprentice auctioneer shall also be licensed as a real estate broker, associate broker, or salesperson under Chapter 40 of Title 43; provided, however, that any auctioneer or apprentice auctioneer who was licensed as such by this state prior to July 1, 1978, and who, prior to December 31, 1984, submits proof to the commission that he has been auctioning real property for five years or more immediately prior to the date of application shall not be required to meet the provisions of this subsection but such person shall not thereby be construed to be a real estate broker, associate broker, or salesperson under Chapter 40 of Title 43. 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. Approved March 29, 1984.

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COUNTIESGOVERNING AUTHORITIES AUTHORIZED TO ADOPT AND ENFORCE CERTAIN ORDINANCES. Code Section 36-1-20 Enacted. No. 1229 (House Bill No. 910). AN ACT To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize county governing authorities, for the purpose of protecting and preserving the public health, safety, and welfare, to adopt ordinances relative to their unincorporated areas, violations of which ordinances may be punished by fine or imprisonment or both; 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 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, is amended by adding a new Code Section 36-1-20 to read as follows: 36-1-20. (a) The governing authority of each county, for the purpose of protecting and preserving the public health, safety, and welfare, is authorized to adopt ordinances for the governing and policing of the unincorporated areas of the county, violations of which ordinances may be punished by fine or imprisonment or both. Without limiting the generality of the foregoing, such ordinances may provide for traffic regulation, including adoption of the uniform rules of the road under Chapter 6 of Title 40, may provide for the regulation and control of litter in the same manner as municipal ordinances under Code Section 16-7-48, and may provide for the implementation and enforcement of any power or duty vested in the county governing authority. (b) Each such ordinance shall specify the maximum punishment which may be imposed for a violation of the ordinance; and in no case shall the maximum punishment for the violation of any such ordinance exceed a fine of $500.00 or imprisonment for 60 days or both.

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(c) Jurisdiction over violations of such county ordinances shall be in the magistrate court of the county; and procedure for enforcement of such ordinances shall be as provided in Article 4 of Chapter 10 of Title 15; provided, however, jurisdiction over ordinances having to do with traffic offenses shall be in the court or courts having jurisdiction over state traffic offenses. (d) This Code section shall not affect the jurisdiction of or procedure in any other court which has jurisdiction over violations of county ordinances. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. ELECTIONSINSPECTION, ETC., OF TABULATING MACHINES BY SECRETARY OF STATE, ETC. Code Title 21, Chapters 2 and 3 Amended. No. 1230 (House Bill No. 938). AN ACT To amend Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to voting machines and vote recorders, and Article 9 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the use of voting machines and vote recorders in municipal elections, so as to provide for the inspection, examination, and certification of tabulating machines by the Secretary of State; to provide for the reexamination of voting machines, vote recorders, and tabulating machines every two years to provide for the examination of tabulating machines purchased without examination and approval by the Secretary of State; to change the fees of the

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Secretary of State for the examination of voting machines, vote recorders, and tabulating machines; to provide that no person involved in the examination of any voting machine, vote recorder, or tabulating machine shall have any pecuniary interest in such machines; to provide that governing authorities of counties and municipalities shall have authority to provide for use and purchase of tabulating machines; to provide for the installation of tabulating machines by county and municipal governing authorities; to provide for designation and compensation of custodians of tabulating machines and for care of such machines; to provide for payment of tabulating machines by county and municipal governing authorities; to define certain terms; 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 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to voting machines and vote recorders, is amended by striking Code Section 21-2-310, relating to definitions relative to voting machines and vote recorders, in its entirety and inserting in lieu thereof a new Code Section 21-2-310 to read as follows: 21-2-310. As used in this article, the term: (1) `Candidate counters' or `question counters' means the counters which numerically register the votes cast for candidates and on questions, respectively. (2) `Diagram' means an illustration of the official ballot showing the names of the parties, bodies, offices, and candidates and statements of the questions, in their proper places, together with the voting devices therefor. (3) `Protective counter' means a counter or protective device or devices that will register each time the machine is operated and shall be constructed and so connected that it cannot be reset, altered, or operated except by operating the machine. (4) `Public counter' means a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on at an election.

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(5) `Registering counter' shall not include a protective counter. (6) `Tabulating machine' shall be limited to precinct ballot counters for the purpose of examination and approval by the Secretary of State. (7) `Vote indicator' means those devices with which votes are indicated for candidates or for or against questions. Section 2 . Said article is further amended by striking Code Section 21-2-324, relating to examination and approval of voting machines by the Secretary of State, in its entirety and inserting in lieu thereof a new Code Section 21-2-324 to read as follows: 21-2-324. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any voting machine may request the Secretary of State to examine the machine. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any voting machine previously examined and approved by him. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination; provided, however, that in the case of a request by ten or more electors the examination fee shall be $250.00. The Secretary of State may, at any time, in his discretion, reexamine any voting machine. (b) The Secretary of State shall thereupon require such machine to be examined or reexamined by three examiners whom he shall appoint for the purpose, of whom one shall be an expert in patent law and the other two shall be experts in mechanics, and shall require of them a written report on such machine, attested by their signatures; and the Secretary of State himself shall examine the machine and shall make and file in his office, together with the reports of the examiners appointed by him, his own report, attested by his signature and the seal of his office, stating whether, in his opinion and in consideration of the reports of the examiners aforesaid, the kind of machine so examined can be safely used by electors at primaries and elections as provided in this chapter. If his report states that the machine can be so used, the machine shall be deemed approved; and machines of its kind may be adopted for use at primaries and elections as provided in this chapter.

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(c) No kind of voting machine not so approved shall be used at any primary or election and if, upon the reexamination of any voting machine previously approved, it shall appear that the machine so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter because of a substantial defect in design, the approval of the same shall immediately be revoked by the Secretary of State; and no such voting machine shall thereafter be purchased for use or be used in this state. (d) When a machine has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the machine or of its kind. (e) Neither the Secretary of State, nor any examiner appointed by him for the purpose prescribed by this Code section, nor any superintendent, nor the governing authority of any county or a member of such authority, nor any other person involved in the examination process shall have any pecuniary interest in any voting machine or in the manufacture or sale thereof. (f) The compensation of each examiner appointed under this Code section shall be fixed and paid by the Secretary of State. Section 3 . Said article is further amended by striking Code Section 21-2-351, relating to the power of the county governing authority to authorize and direct use of and to purchase vote recorders, in its entirety and inserting in lieu thereof a new Code Section 21-2-351 to read as follows: 21-2-351. The governing authority of any county may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of vote recorders and tabulating machines for recording and computing the vote at elections held in the county; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure vote recorders and tabulating machines conforming to the requirements of this part. Section 4 . Said article is further amended by striking Code Section 21-2-352, relating to installation of vote recorders, in its entirety and inserting in lieu thereof a new Code Section 21-2-352 to read as follows:

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21-2-352. (a) When the use of vote recorders and tabulating machines has been authorized in the manner prescribed in this part, such vote recorders and tabulating machines shall be installed, either simultaneously or gradually, within the county. Upon the installation of vote recorders and tabulating machines in any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which vote recorders and tabulating machines are used, the governing authority shall provide at least one vote recorder for each 200 electors therein, or fraction thereof. (c) Vote recorders of different kinds may be used for different precincts in the same county. (d) The governing authority shall provide vote recorders in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election. Section 5 . Said article is further amended by striking Code Section 21-2-353, relating to inspection of vote recorders by the Secretary of State, in its entirety and inserting in lieu thereof a new Code Section 21-2-353 to read as follows: 21-2-353. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any vote recorder or tabulating machine may request the Secretary of State to examine the vote recorder or tabulating machine. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any vote recorder or tabulating machine previously examined and approved by him. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his discretion, reexamine any vote recorder or tabulating machine. (b) The Secretary of State shall thereupon examine or reexamine such vote recorder or tabulating machine and shall make and file in his office a report, attested by his signature and the seal of his

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office, stating whether, in his opinion, the kind of vote recorder or tabulating machine so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the vote recorder or tabulating machine can be so used, the recorder or tabulating machine shall be deemed approved; and vote recorders and tabulating machines of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of vote recorder or tabulating machine not so approved shall be used at any primary or election and if, upon the reexamination of any vote recorder or tabulating machine previously approved, it shall appear that the vote recorder or tabulating machine so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such vote recorder or tabulating machine shall thereafter be purchased for use or be used in this state. Every county or municipality which has previously purchased a tabulating machine shall submit such machine to the Secretary of State for examination not later than January 1, 1985. (d) When a vote recorder or tabulating machine has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the vote recorder or tabulating machine, or of its kind. (e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any vote recorder or tabulating machine or in the manufacture or sale thereof. Section 6 . Said article is further amended by striking Code Section 21-2-362, relating to designation and compensation of custodians of vote recorders and storage and care of recorders, in its entirety and inserting in lieu thereof a new Code Section 21-2-362 to read as follows: 21-2-362. (a) The superintendent shall designate a person or persons who shall have the custody of the vote recorders and tabulating machines of the county when they are not in use at a primary or election and shall provide for his compensation and for the safe storage and care of the vote recorders.

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(b) All vote recorders and tabulating machines, when not in use, shall be properly covered and stored in a suitable place or places. Section 7 . Said article is further amended by striking Code Section 21-2-363, relating to the responsibility of the county governing authority to provide for payment of vote recorders, in its entirety and inserting in lieu thereof a new Code Section 21-2-363 to read as follows: 21-2-363. The governing authority of any county which adopts vote recorders and tabulating machines in the manner provided for by this part shall, upon the purchase of vote recorders and tabulating machines, provide for their payment by the county. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties to meet all or any part of the cost of the vote recorders and tabulating machines. Section 8 . Article 9 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the use of voting machines and vote recorders in municipal elections, is amended by striking Code Section 21-3-210, relating to definitions relative to voting machines and vote recorders, in its entirety and inserting in lieu thereof a new Code Section 21-3-210 to read as follows: 21-3-210. As used in this article, the term: (1) `Candidate counters' and `question counters' means the counters which numerically register the votes cast for candidates and on questions, respectively. (2) `Diagram' means an illustration of the official ballot showing the names of the parties, bodies, offices, and candidates, and statements of the questions in their proper places, together with the voting devices therefor. (3) `Protective counter' means a counter or protective device or devices that will register each time the machine is operated and shall be constructed and so connected that it cannot be reset, altered, or operated, except by operating the machine. (4) `Public counter' means a counter or other device which shall at all times publicly indicate how many times the machine has been voted on during an election.

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(5) `Registering counter' shall not include a protective counter. (6) `Tabulating machine' shall be limited to precinct ballot counters for the purpose of examination and approval by the Secretary of State. (7) `Vote indicators' means those devices which indicate votes for candidates or for or against questions. Section 9 . Said article is further amended by striking Code Section 21-3-251, relating to the power of a municipal governing authority to authorize and direct the use of and to purchase vote recorders, in its entirety and inserting in lieu thereof a new Code Section 21-3-251 to read as follows: 21-3-251. The governing authority of any municipality, at any regular meeting called for the purpose, by a majority vote, may authorize and direct the use of vote recorders and tabulating machines for recording and computing the vote at elections held in the municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure vote recorders and tabulating machines conforming to the requirements of this article. Section 10 . Said article is further amended by striking Code Section 21-3-252, relating to installation of vote recorders, in its entirety and inserting in lieu thereof a new Code Section 21-3-252 to read as follows: 21-3-252. (a) When the use of vote recorders and tabulating machines has been authorized in the manner prescribed in Code Section 21-3-251, such vote recorders and tabulating machines shall be installed, either simultaneously or gradually, within the municipality. Upon the installation of vote recorders and tabulating machines in any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which vote recorders and tabulating machines are used, the governing authority shall provide at least one vote recorder for each 200 electors, or fraction thereof, in such precinct.

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(c) Vote recorders of different kinds may be used for different precincts in the same municipality. (d) The governing authority shall provide vote recorders in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election. Section 11 . Said article is further amended by striking Code Section 21-3-253, relating to examination and approval of vote recorders by the Secretary of State, in its entirety and inserting in lieu thereof a new Code Section 21-3-253 to read as follows: 21-3-253. The examination and approval of vote recorders and tabulating machines by the Secretary of State shall apply to municipalities as prescribed for counties in Code Section 21-2-353. Section 12 . Said article is further amended by striking Code Section 21-3-260, relating to designation and compensation of custodian for and storage of recorders, in its entirety and inserting in lieu thereof a new Code Section 21-3-260 to read as follows: 21-3-260. The governing authority shall designate a person or persons who shall have the custody of the vote recorders and tabulating machines of the municipality when they are not in use at a primary or election and shall provide for his compensation and for the safe storage and care of the vote recorders and tabulating machines. Section 13 . Said article is further amended by striking Code Section 21-3-261, relating to the responsibility of the municipality to provide payment for vote recorders, in its entirety and inserting in lieu thereof a new Code Section 21-3-261 to read as follows: 21-3-261. The governing authority of any municipality which adopts vote recorders and tabulating machines in the manner provided for by this article shall, upon the purchase thereof, provide for payment therefor by the municipality. Bonds or other evidence of indebtedness may be issued, in accordance with the provisions of law relating to the increase of indebtedness of municipalities, to meet all or any part of the cost of the vote recorders and tabulating machines.

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Section 14 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 15 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. MAGISTRATE COURTS LAW AMENDED. Code Title 15, Chapter 10 Amended. No. 1231 (House Bill No. 946). AN ACT To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change provisions relating to commissions of magistrates; to extend the date under which a probate judge may serve as chief magistrate by appointment of the superior court judges; to change certain qualifications of magistrates; to delete certain exemptions from training requirements; to provide that appeals may be taken to the state court or to the superior court; to provide that when a counterclaim amount exceeds the jurisdictional limit, the case will be transferred to any court having jurisdiction; to change provisions relating to judgments of the magistrate court constituting liens; to change provisions regarding arrest and confinement for county ordinance violations; to make discretionary the imposition of costs against persons convicted of violations of county ordinances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking in its

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entirety subsection (b) of Code Section 15-10-3, relating to the oath and commissions of magistrates, and inserting in its place a new subsection (b) to read as follows: (b) The clerk of superior court shall make an entry of the oath on the minutes of the superior court and the chief judge of the superior court shall issue to the officer taking the oath a certificate which shall serve as the officer's commission. Section 2 . Said chapter is further amended by striking in its entirety subsection (g) of Code Section 15-10-20, relating to the number and selection of magistrates, and inserting in its place a new subsection (g) to read as follows: (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. Notwithstanding subsection (d) of this Code section and in the absence of local law, the Governor may provide that the probate judge shall be reappointed as chief magistrate until January 1, 1989, and, subject to general law, provide for his compensation in such capacity; provided such appointment shall be made before May 23, 1984, and shall be made with the consent of the probate judge in office on such date. Any compensation paid under this subsection shall be paid from county funds. Section 3 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-10-22, relating to qualifications of magistrates, and inserting in its place a new subsection (a) to read as follows: (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 25 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.

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Section 4 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-10-25, relating to training requirements for magistrates, and inserting in its place a new subsection (a) to read as follows: (a) All magistrates shall periodically satisfactorily complete a training course as provided in Article 8 of this chapter. Section 5 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 15-10-41, relating to availability of jury trials and appeals in magistrate courts, and inserting in its place a new subsection (b) to read as follows: (b) Appeals may be had from judgments returned in the magistrate court to the state court of the county or 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. Section 6 . Said chapter is further amended by striking in its entirety subsection (d) of Code Section 15-10-45, relating to compulsory and permissive counterclaims, which reads as follows: (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., and inserting in its place a new subsection (d) to read as follows: (d) If the amount of a counterclaim exceeds the jurisdictional limits of the magistrate court, the case shall be transferred to any court of the county which has jurisdictional limits which exceed the amount of the counterclaim. If there is more than one court to which the action may be transferred, the parties may agree on the court to which the action shall be transferred, and, in the absence of any agreement, the judge of the magistrate court shall determine the court to which the action shall be transferred. If there is no other court to which the action may be transferred, it shall be transferred to the superior court of the county. Section 7 . Said chapter is further amended by striking in its entirety Code Section 15-10-47, relating to judgments of the magistrate

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courts constituting liens, in its entirety and inserting in its place a new Code Section 15-10-47 to read as follows: 15-10-47. Except where otherwise provided by law, the general laws and rules applicable to the effect, recordation, execution, and enforcement of money judgments in civil cases in the superior courts of this state shall be applicable to and govern the magistrate courts. Section 8 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 15-10-62, relating to prosecutions upon citations or accusations, and inserting in its place a new subsection (b) to read as follows: (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, except for the offenses of public drunkeness or disorderly conduct; 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. Section 9 . Said chapter is further amended by striking in its entirety subsection (d) of Code Section 15-10-63, relating to the permitted use of citations, and inserting in its place a new subsection (d) to read as follows: (d) No person shall be arrested prior to the time of trial, except for the offenses of public drunkeness or disorderly conduct; 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. Section 10 . Said chapter is further amended by striking in its entirety Code Section 15-10-64, relating to execution and confinement, and inserting in its place a new Code Section 15-10-64 to read as follows: 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 arrested or sentenced to confinement for violation of county ordinances.

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Section 11 . Said chapter is further amended by striking in its entirety Code Section 15-10-81, relating to imposition of court costs in county ordinance violation cases, and inserting in its place a new Code Section 15-10-81 to read as follows: 15-10-81. In cases of conviction of violation of county ordinances, costs of not more than $30.00 may be taxed against the defendant. Section 12 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 15-10-137, relating to training requirements of certified magistrates, and inserting in its place a new subsection (c) to read as follows: (c) In order to maintain the status of a certified magistrate judge, each person certified as such 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. 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, 1984. ELECTIONSFILING OF CAMPAIGN FINANCIAL DISCLOSURE REPORTS. Code Section 21-5-5 Amended. No. 1232 (House Bill No. 960). AN ACT To amend Code Section 21-5-5 of the Official Code of Georgia

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Annotated, relating to the filing of campaign financial disclosure reports, so as to provide that certain campaign financial disclosure reports be filed with the election superintendent of the county; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 21-5-5 of the Official Code of Georgia Annotated, relating to the filing of campaign financial disclosure reports, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 21-5-5 to read as follows: 21-5-5. (a) (1) The candidate or the chairman or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office provided for in Code Section 21-5-2, except county and municipal offices, and the chairman or treasurer of every campaign committee designed to bring about the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall file with the Secretary of State the required campaign financing disclosure reports. A candidate for any state office or the chairman or treasurer of his campaign committee shall file a copy of each of his reports with the election superintendent of the county of his residence. (2) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign financing disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. (3) A candidate for county office or the chairman or treasurer of his campaign committee shall file the required campaign

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financing disclosure reports with the election superintendent in the respective county of election. (4) A candidate for municipal office or his campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality. (b) All reports shall list the following: (1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund-raising events; (2) The name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made and the amount and general purpose of such expenditure; (3) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify it. (c) Campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall file campaign financing disclosure reports 45 days and 15 days before the primary election and ten days after the primary election. Candidates in a general or special election campaign shall make such reports 15 days prior to the general or special election, and all candidates shall make a final campaign disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. The mailing of said reports by United States mail with adequate postage thereon, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation

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of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more, said candidate shall only be required to make the initial and final report as required under this chapter. (e) Where a candidate or campaign committee has accepted contributions or made expenditures prior to March 5, 1974, the reports required by this Code section shall include such information as the records of the candidate or his committee show and such information as is otherwise known to the candidate or members of his committee regarding such prior contributions and expenditures. (f) A supplemental campaign financing disclosure report shall be filed by each person elected to an office covered by this chapter no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is required to be reported under this chapter between the date of the last campaign financing report filed pursuant to this chapter and December 31 of any year, a supplemental campaign financing disclosure report shall not be required by this chapter. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public official shall file campaign financing disclosure reports with the Secretary of State as follows: (1) An initial report shall be filed within 15 days of the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 15 days after the expiration date for acquiring signatures on the recall petition;

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(4) A final report shall be filed prior to December 31 of the year in which the recall election is held; and (5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality. (h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign financing disclosure report with the Secretary of State 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held. (i) (1) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign financing disclosure report as prescribed by this chapter, provided that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must identify the principal officer of said campaign committee by containing the name and title of the principal officer. (2) If a campaign committee is required to file a report under paragraph (1) of this subsection, said report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held. (j) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county.

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Section 2 . This Act shall become effective on January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. PUBLIC OFFICERS AND EMPLOYEESNOTARIES PUBLIC LAW AMENDED. Code Title 45, Chapter 17 Amended. No. 1233 (House Bill No. 985). AN ACT To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to comprehensively revise the laws relating to notaries public; to provide for qualifications, appointment, removal, powers, and duties of notaries; to specify the manner in which notarial acts may and may not be performed; to provide for fees of notaries; to declare criminal offenses and provide penalties; 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 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking in its entirety Article 1 of Chapter 17, relating to notaries public in general, and inserting in its place a new article to read as follows: ARTICLE 1 45-17-1. The power to appoint notaries public is vested in the clerks of the superior courts and may be exercised by them at any time.

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45-17-2. (a) Any individual applying for appointment to be a notary public must be: (1) At least 18 years old; (2) A citizen of the United States; (3) A resident of this state; (4) A resident of the county from which such individual is appointed; and (5) Able to read and write the English language. (b) The qualifications of paragraphs (3) and (4) of subsection (a) of this Code section shall not apply to any individual applying for appointment as a notary public under the provisions of Code Section 45-17-7. 45-17-2.1 (a) Any individual desiring to be a notary public shall submit application to the clerk of superior court of the county in which the individual resides or, when applying under the provisions of Code Section 45-17-7, to the clerk of superior court of the county in which the individual works or has a business. The applicant shall sign and swear or affirm as outlined in paragraph (2) of subsection (b) of this Code section to the truthfulness of the application which shall state: (1) That the applicant resides or works or has a business in the county of application and the address of the residence or business; (2) That the applicant is a citizen of the United States; (3) That the applicant is at least 18 years old or an attorney; (4) That the applicant can read and write the English language; (5) All denials, revocations, suspensions, restrictions, or resignations of a notary commission held by the applicant; and

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(6) All criminal convictions of the applicant, including any plea of nolo contendere, except minor traffic violations. (b) In addition to the application required in subsection (a) of this Code section, every applicant for appointment as notary public shall also submit to the clerk of superior court of the county in which the individual makes application: (1) Endorsements from two persons who are not relatives of the applicant, who are at least 21 years old, and who reside in the county in which the individual makes application. The endorsement shall be in the following form: (2) A declaration of applicant which shall have been signed in presence of a commissioned notary public of this state. The declaration of applicant shall be in the following form:

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45-17-2.2. Except for the applicant's name and address, information in the application for appointment and commissioning as a notary public is confidential. This information shall be used by the clerk of superior court in the county of application and designated state employees for the sole purpose of performing official duties as outlined in this chapter. Such information may not be disclosed to any person other than: (1) The applicant; (2) The applicant's authorized representative; (3) A representative of any governing authority acting in an official capacity; or

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(4) Persons specified by court order. 45-17-2.3. (a) After an applicant submits to the clerk of superior court of the county the application, endorsements, and declaration of applicant as required in Code Section 45-17-2.1, the clerk of superior court shall either grant or deny a commission as a notary public within ten days following the applicant's submission of the necessary documents. (b) The clerk of superior court may in his discretion deny a commission to an applicant based on any of the following grounds: (1) The applicant's criminal history; (2) Revocation, suspension, or restriction of any notary commission or professional license issued to the applicant by this or any other state; or (3) The commission in this or any state of any act enumerated in subsection (a) of Code Section 45-17-15, whether or not criminal penalties or commission suspension or revocation resulted. (c) Any applicant who is denied a notarial commission by the clerk of superior court shall upon demand be allowed a hearing and adjudication before the superior court clerk with a right of de novo appeal to the superior court, such appeal to be determined by the court without the intervention of a jury. 45-17-3. Before entering on the duties of his office, each notary public shall take and subscribe before the clerk of the superior court the following oath, which shall be entered on his minutes: `I, , do solemnly swear or affirm that I will well and truly perform the duties of a notary public to the best of my ability; and I further swear or affirm that I am not the holder of any public money belonging to the state and unaccounted for, so help me God.' 45-17-4. Before a certificate shall be issued to a notary public, he shall pay to the clerk of the superior court the sum prescribed by Code Section 15-6-77, relating to fees of clerks of the superior courts, from which amount the clerk shall be entitled to cover his services in

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issuing the certificate of appointment as notary public, administering the oath, and recording the same. The amount by which the sum prescribed by Code Section 15-6-77 exceeds the amount which the clerk is required by this Code section to forward to the Secretary of State is what the clerk shall use to cover his services. The clerk shall immediately send a copy of the certificate of appointment, under his seal of office, and $2.00 to the Secretary of State who shall keep a record in his office showing the names of the notaries public appointed with their addresses, signatures, ages, sex, and the terms for which their commissions run; and such amount shall cover the cost of the Secretary of State in keeping such records. On reappointment as notaries public, the sum prescribed by Code Section 15-6-77 shall be paid to the clerk of the superior court and disbursed in the same manner as the fee for the original appointment is disbursed under this Code section. 45-17-5. (a) Each notary public shall hold office for four years, subject to revocation at any time by the clerk of the superior court, at the end of which time, on petition, his commission may be renewed by order of the clerk for a like term. Renewal of a notary public commission may be done in person or by mail at the discretion of the clerk of superior court. The clerk of the superior court shall issue to each notary public a certificate of his appointment and qualifications, which certificate shall contain the name, address, age, and sex of the appointee, the date the certificate was issued, and the term for which the appointment runs. The clerk shall also keep a record of the names, addresses, signatures, ages, sex, and the terms of all notaries public whom he appoints. (b) At the time the clerk of the superior court issues a certificate of appointment as provided in subsection (a) of this Code section, said officer shall also issue to the appointee a duplicate original of such certificate. The presentation of such duplicate original, either by mail or in person, to the supplier of a notary public seal shall be necessary to authorize such supplier to make up a notary public seal and deliver it to the appointee. (c) It shall be unlawful for any person to hold himself or herself out as a notary public or to exercise the powers of a notary public unless such person has an unexpired commission as a notary public. 45-17-6. (a) For the authentication of his notarial acts each notary public must provide a seal of office, which seal shall have for

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its impression his name, the words `Notary Public,' the name of the state, and the county of his residence; or it shall have for its impression his name and the words `Notary Public, Georgia, State at Large.' The embossment of documents by the notary's seal shall be authorized but not necessary, and the use of a rubber or other type stamp shall be sufficient for imprinting the notary's seal. A scrawl shall not be a sufficient notary seal. An official notarial act must contain the notary's seal. (b) It shall be unlawful for any person, firm, or corporation to supply a notary public seal to any person unless the person has presented the duplicate original of the certificate commissioning the person as a notary public. It shall be unlawful for any person to order or obtain a notary public seal unless such person is commissioned as a notary public. 45-17-7. (a) Any person who is a resident of a state bordering on the State of Georgia and who carries on a business or profession in the State of Georgia or who is regularly employed in the State of Georgia may be commissioned as a notary public by the clerk of the superior court of the county in which the person carries on said profession, business, or employment. (b) Such person wishing to be commissioned as a notary public must meet all the requirements of Code Section 45-17-2, as it applies to this Code section. (c) Such person shall submit the application, endorsements, and declaration of applicant as required by Code Section 45-17-2.1 to the clerk of superior court in the county in which such person carries on such profession, business, or employment. The clerk of superior court shall approve or deny such application based on the provisions of Code Section 45-17-2.3. Upon approval and payment of the usual fees to the clerk, the applicant shall be issued a certificate as a notary public of this state and shall be authorized to perform all of the duties and exercise all of the powers and authorities relating to notaries public who are residents of this state. 45-17-8. (a) Notaries public shall have authority to: (1) Take acknowledgements;

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(2) Administer oaths in all matters incidental to their duties as commercial officers and all other oaths which are not by law required to be administered by a particular officer; (3) Witness affidavits upon oath or affirmation; and (4) Make certified copies provided that the document presented for copying is an original document and is neither a public record nor a publicly recorded document certified copies of which are available from an official source other than a notary and provided that the document was photocopied under supervision of the notary. (b) No notary shall be obligated to perform a notarial act if he feels such act is: (1) For a transaction which the notary knows or suspects is illegal, false, or deceptive; (2) For a person who is being coerced; (3) For a person whose demeanor causes compelling doubts about whether the person knows the consequences of the transaction requiring the notarial act; or (4) In situations which impugn and compromise the notary's impartiality, as specified in subsection (c) of this Code section. (c) A notary shall be disqualified from performing a notarial act in the following situations which impugn and compromise the notary's impartiality: (1) When the notary is a signer of the document which is to be notarized; or (2) When the notary is a party to the document or transaction for which the notarial act is required. (d) A notary public shall not execute a certificate containing a statement known by the notary to be false nor perform any action with an intent to deceive or defraud.

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(e) In performing any notarial act, a notary public shall confirm the identity of the document signer, oath taker, or affirmant based on personal knowledge or on satisfactory evidence. 45-17-8.1. At the completion of a notarial act, a notary public shall sign on the notarial certification only and exactly the name indicated on the notary's commission and shall record on the notarial certification the exact date of execution by the notary. 45-17-8.2. A notary shall not make claims to have or imply he has powers, qualifications, rights, or privileges that the office of notary does not authorize, including the powers to counsel on immigration matters and to give legal advice. 45-17-9. Notarial acts may be exercised in any county in the state. 45-17-10. It shall not be lawful for notaries public to issue attachments or garnishments or to subscribe affidavits or approve bonds for the purpose of issuing attachments or garnishments. 45-17-11. (a) The fees of notaries public shall be as follows: (1) Administering an oath in any case $ 2.00 (2) Each attendance on any person to make proof as a notary public and certifying to same 2.00 (3) Every other certificate 2.00 (b) It shall not be lawful for any notary public to charge a greater sum than $4.00 for each service performed. Said sum shall include a fee of $2.00 for performing the notarial act and a fee of $2.00 for an attendance to make proof as a notary public and certifying to same if such certification, which shall be issued by the clerk of superior court of the county in which the notary public was appointed or the Secretary of State, is required. Registering shall be paid for by the party who has the service performed. The fee for all official acts which the notary may perform shall be the same as those prescribed for other officers who are likewise permitted to perform them.

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(c) A notary public need not charge fees for notarial acts. (d) A notary public shall inform the person requesting any notarial act, prior to performing the act, the fees permitted for each act. 45-17-12. (a) As used in this Code section, the term: (1) `Bank' or `other corporation' means a bank or other corporation organized under the laws of this or any other state or the United States. (2) `Written instrument,' without limiting the generality of meaning of such words, means deeds, mortgages, bills of sale to secure debt, deeds to secure debt, deeds of trust, contracts, legal pleadings, affidavits, certificates, or any other like instruments. (b) It shall be lawful for any notary public who is a stockholder, director, officer, or employee of a bank or other corporation to take the acknowledgement of any party to any written instrument executed to or by such corporation. Any such notary public may act and sign as official witness to the execution by any party of any written instrument executed to or by such bank or other corporation. Any such notary public may administer an oath to any other stockholder, director, officer, employee, or agent of such bank or other corporation or may protest for nonacceptance or nonpayment bills of exchange, drafts, checks, notes, and other negotiable instruments which may be owned or held for collection by such bank or other corporation, provided that it shall be unlawful for any notary public to act and sign as official witness to or take the acknowledgement of an instrument executed by or to a bank or other corporation of which he is a stockholder, director, officer, or employee where such notary would be witnessing or acknowledging his own signature as it appears on the instrument either in his capacity as an individual or in his representative capacity with the bank or other corporation or to protest any negotiable instrument owned or held for collection by such bank or other corporation where such notary is individually a party to such instrument. 45-17-13. (a) Every notary public shall notify in writing the appointing clerk of superior court, with a copy to the Secretary of State, of any change in the notary's residence or business address, whichever was used for the purpose of appointment. The notice shall

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contain both the old and new addresses and must be received by the clerk of superior court within 30 days of the change. (b) (1) Every notary public shall notify in writing the appointing clerk of superior court, with a copy to the Secretary of State, of any change in the notary's name. The notice shall contain both the old and new names, the new signature, and any new address and must be received by the clerk of superior court within 30 days of the change. (2) A notary with a new name may begin to officially sign the new name on notarial certificates when the following steps have been completed: (A) The notice described in paragraph (1) of this subsection has been received by the appointing clerk of superior court; (B) A confirmation of the notary's name change has been received from the appointing clerk of superior court; and (C) A new seal bearing the new name exactly as indicated in the confirmation has been obtained. 45-17-14. Within ten days of the loss or theft of an official notarial seal, the notary public shall send to the appointing clerk of superior court, with a copy to the Secretary of State, a written notice of the loss or theft. 45-17-15. (a) The appointing clerk of superior court may by letter, with a copy to the Secretary of State, revoke the commission or deny the reappointment of any notary public who: (1) Violates any provision of this chapter; (2) Performs any notarial act in violation of Code Section 45-17-8; (3) Is found to have submitted an application or endorsement for a notarial commission containing substantial and significant misstatement or omission of fact;

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(4) Ceases to reside or work or have a business in this state; or (5) Becomes incapable of reading and writing the English language. (b) Any notary public whose commission has been revoked shall upon demand be allowed a hearing and adjudication before the superior court clerk with a right of de novo appeal to the superior court, such appeal to be determined by the court without the intervention of a jury. 45-17-16. Within ten days after receiving notice from the appointing clerk of superior court that a notarial commission has been revoked, an individual shall send or deliver to the appointing clerk of superior court all papers of appointment. Such individual shall also destory the official notarial seal. 45-17-17. A person who wishes to resign a notarial commission shall send a signed letter of resignation to the appointing clerk of superior court, with a copy to the Secretary of State, and all papers of appointment. The resigning notary public shall destroy the official notary seal. 45-17-18. A notary public whose commission expires and who does not apply for renewal of such commission or whose application for renewal of a commission is denied shall destroy the official notary seal. 45-17-19. (a) The authenticity of the official signature and term of office of a notary public may be evidenced by: (1) A certificate of authority from the appointing clerk of superior court or the Secretary of State; or (2) An apostille in the exact form prescribed by the Hague Convention from the Secretary of State. (b) The fee for a certificate of authority shall be $2.00. The fee for an apostille shall be $3.00. (c) An apostille as specified by the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents shall be attached to any document requiring authentication that is

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bound for a nation that has signed and ratified the Hague Convention. 45-17-20. (a) Any person who violates subsection (d) of Code Section 45-17-8 shall be guilty of a misdemeanor. (b) Each clerk of superior court is authorized to recommend to the appropriate prosecuting officers that criminal proceedings be instituted for violations of this chapter. Section 2 . This Act shall become effective on July 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. ELECTIONSAUDIO TAPES CONTAINING CERTAIN INFORMATION TO BE DISTRIBUTED TO PUBLIC LIBRARIES. Code Section 21-1-2 Amended. No. 1234 (House Bill No. 1082). AN ACT To amend Code Section 21-1-2 of the Official Code of Georgia Annotated, relating to the preparation, printing, and publicizing of a summary of general amendments to the Constitution of Georgia, so as to authorize the Secretary of State to provide for the preparation of a supply of audio tapes which shall contain the summary of each proposed general amendment to the Constitution, together with a list of certain public offices and the names of candidates seeking to be elected to each office at the November election; to provide for the distribution of such tapes; 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 21-1-2 of the Official Code of Georgia Annotated, relating to the preparation, printing, and publicizing of a summary of general amendments to the Constitution of Georgia, is amended by adding a new subsection (d) to read as follows: (d) The Secretary of State is authorized to provide for the preparation of a supply of audio tapes which shall contain the summary of each proposed general amendment to the Constitution as provided in subsection (a) of this Code section, together with a listing of the candidates for each of the state representatives to the United Stated Congress and the candidates for every public office elected by the electors of the entire state. A sufficient number of the audio tapes may be prepared as will permit the distribution of at least one tape to each of the public libraries within the state for the purpose of providing voting information and assistance to any interested citizen. The Secretary of State may cause a supply of the tapes to be prepared and distributed as soon as practicable after the summary has been prepared and the names of the candidates for each of the public offices to be included are known to be candidates. Section 2 . This Act shall become effective upon its approval by 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, 1984.

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GEORGIA HEARING AID DEALERS AND DISPENSERS ACT AMENDED. Code Title 43, Chapter 20 Amended. No. 1235 (House Bill No. 1109). AN ACT To amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Hearing Aid Dealers and Dispensers Act, so as to delete provisions relative to applicants for license proving lack of contagious or infectious diseases; to change the provisions relative to examinations; to change the provisions relative to apprentice dispensers and training permits; to change the provisions relative to continuing education requirements; to provide for the continuation of that board but provide for the later termination of that board and the laws relating thereto; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Hearing Aid Dealers and Dispensers Act, is amended by striking subsection (b) of Code Section 43-20-8, relating to the issuance of licenses, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The board may issue a dispenser's license to an applicant only when the applicant has satisfactorily completed an examination administered under the direction of the board, when proof of age has been verified, and when proof has been received that a satisfactory relationship with a licensed dealer has been established. The license shall authorize the holder to dispense hearing aids under the general supervision of a licensed dealer. Section 2 . Said chapter is further amended by striking Code Section 43-20-9, relating to examinations, in its entirety and substituting in lieu thereof a new Code Section 43-20-9 to read as follows:

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43-20-9. (a) Applicants may obtain a license by successfully passing a qualifying examination administered by the board, provided that the applicant: (1) Is at least 18 years of age; (2) Is of good moral character; and (3) Presents satisfactory evidence to the board that the applicant maintains a satisfactory relationship with and responsibility to a holder of a dealer's license issued under this chapter. (b) The joint-secretary shall schedule at least four examinations each year, one of which will be in each calendar quarter. (c) The joint-secretary shall schedule every apprentice dispenser who has held the permit over 30 days to stand for examination at every scheduled examination until all sections have been passed, the permit has been revoked by the board, or the permit has expired. The board shall have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to stand for the examination or to pass the practical portion of the examination on two occasions. The board may include the fee for an initial examination as a condition for approval of an applicant for an apprentice dispenser's permit. (d) Each applicant desiring to become licensed as a dispenser, other than holders of apprentice dispensers' permits, shall make application for examination to the joint-secretary on forms required by the joint-secretary at least 30 days prior to the date of such examination, accompanied by the examination fee as provided by the board in its rules and regulations. (e) The qualifying examination shall be compiled by or at the direction of the board. (f) The board shall establish uniform criteria for passing and failing candidates. Section 3 . Said chapter is further amended by striking Code Section 43-20-11, relating to apprentice dispensers' permits, in its entirety and substituting in lieu thereof a new Code Section 43-20-11 to read as follows:

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43-20-11. (a) An apprentice dispenser's permit shall be issued by the joint-secretary on behalf of the board only when: (1) Application has been made; (2) A statement of supervision has been provided by a licensed dispenser; (3) A statement has been made by the supervising dealer that the applicant is capable of making the tests and applying the techniques required to dispense hearing aids in accordance with this chapter; and (4) Proof of age has been made. Apprentice dispensers' permits are limited to one year in duration and shall not be renewed. No person shall be issued a second apprentice dispenser permit until a period of two years has elapsed following expiration of the applicant's first permit. (b) Training permits shall be issued by the joint-secretary on behalf of the board only when application has been made and a statement of supervision has been provided by a licensed dispenser. The permit should authorize the person to dispense hearing aids only under direct supervision and immediate observation of the licensed dispenser who shall be responsible for the trainees' compliance with this chapter. Proof of age shall also be made. Training permits should be for a duration of six months and may be renewed as often as necessary for additional six-month time periods so long as the requirements of this Code section for issuance of permits are met for each renewal. Section 4 . Said chapter is further amended by striking Code Section 43-20-15, relating to continuing education, in its entirety and substituting in lieu thereof a new Code Section 43-20-15 to read as follows: 43-20-15. As a prerequisite for the renewal of a dispenser's license, the dispenser must provide proof to the board that the dispenser has successfully completed 12 hours of continuing education in a program approved by the board. The board may promulgate such rules and regulations as are necessary to implement the continuing education requirement.

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Section 5 . Said chapter is further amended by striking Code Section 43-20-21, relating to termination of the State Board of Hearing Aid Dealers and Dispensers, and substituting in its place a new Code section to read as follows: 43-20-21. 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 Hearing Aid Dealers and Dispensers shall be terminated on July 1, 1990, 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 6 . (a) Except as provided in subsection (b) of this section, this Act shall become effective July 1, 1984. (b) Section 5 of this Act shall become effective June 30, 1984. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. PUBLIC OFFICERS AND EMPLOYEESPART-TIME OFFICIALS PERMITTED TO PURCHASE SURPLUS STATE PROPERTY AT PUBLIC AUCTION. Code Section 45-10-24 Amended. No. 1236 (House Bill No. 1152). AN ACT To amend Code Section 45-10-24 of the Official Code of Georgia Annotated, relating to prohibited transactions by part-time public officials with state-wide powers, so as to provide that purchases of surplus state property at public auction shall not be prohibited; to

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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 45-10-24 of the Official Code of Georgia Annotated, relating to prohibited transactions by part-time public officials with state-wide powers, is amended by striking subsection (b) thereof and inserting in lieu thereof a new subsection (b) to read as follows: (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; (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; and (4) Any transaction involving the purchase of surplus state property at a public auction. Section 2 . This Act shall become effective upon its approval by 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, 1984.

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PROPERTYLAW RELATING TO ESCHEAT OF ESTATES AMENDED. Code Title 44, Chapter 5 Amended. No. 1237 (House Bill No. 1290). AN ACT To amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to revise provisions relating to escheat; to provide a five-year period before notice of escheat is published; to provide for paying over of estate proceeds to boards of education; to provide a three-year claim period and procedures for submitting a claim against a board of education after receipt of escheated estates; to provide for notice in certain instances after the three-year period; to provide for the sufficiency of notice by publication; to provide for the conclusiveness of proceedings; to provide for exceptions; to provide for the payment of expenses; to provide for descent and distribution in certain cases despite apparent escheat; 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 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by striking in its entirety Article 8, relating to escheat of property, which reads as follows: ARTICLE 8 44-5-190. Escheat results when an intestate leaves no heirs; in such a case the estate of the intestate reverts to the state. In no other case does an estate escheat. 44-5-191. As soon as he obtains possession of the estate as administrator, the administrator shall make known to the judge of the probate court the fact that the estate has apparently escheated to the state. The judge shall pass an order requiring the administrator to notify all persons who may be interested as next of kin of such

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deceased person of the facts and date of his death, the amount of the estate, and the pendency of proceedings to escheat same. Such notification shall be by publication for six months in one or more newspapers in this and other states, according to the circumstances of each case. If no person appears and claims to be an heir within 12 months from the date of the first publication, the judge shall pass an order declaring the property of the estate escheated to the state. If any person claims the property alleged to be escheated, the claim shall be interposed and tried as are claims at administrators' sales. 44-5-192. In all trials arising in reference to escheated property, the district attorney shall be ex officio counsel for the administrator. 44-5-193. In each county, the proceeds of escheated property shall be paid to the treasurer of the educational fund of such county and shall become a part of such fund. 44-5-194. At any time within six years after the order declaring the estate escheated or, if laboring under any disability, within three years after the removal of the disability, the heir of the deceased person may bring an action against the treasurer of the county educational fund for the principal of the proceeds received from the escheated property, without interest; and, upon proof of his right thereto, he may recover the same, without costs. 44-5-195. (a) When the husband, wife, or adopted child of an intestate was his heir and such heir dies intestate and without ascertainable heirs before receiving possession of the property of his estate, such property shall not escheat to the state but shall descend to the blood heirs of the original intestate if there are blood heirs of the original intestate who would have inherited his property if the marriage or adoption had not occurred. (b) The property shall be reduced to cash by the intestate's administrator under existing laws. The death of the wife, husband, or adopted child of the intestate and the nonexistence of the heirs of such wife, husband, or adopted child may be ascertained by advertisement as provided in the case of escheats. Should such persons not appear, the fund, less the expenses of the proceedings, shall be paid over as provided in subsection (a) of this Code section., and inserting in its place a new Article 8 to read as follows:

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ARTICLE 8 44-5-190. Escheat results when an intestate leaves no heirs; in such a case the estate of the intestate reverts to the state. In no other case does an estate escheat. 44-5-191. (a) After a period of five years has elapsed from the time of qualification of an administrator, on all estates for which no person has appeared and claimed to be an heir there shall be a presumption of escheat of such estates. (b) The administrator shall notify the court that such five-year period has elapsed. Upon notification, the judge of the probate court shall issue an order calling for publication in the legal organ of the county the following notice to heirs of the estate: (c) Where, on the effective date of this article, funds of an estate have been held in the registry of the probate court for five years and there exists no other administrator for such estate, the judge of the probate court may appoint the county administrator to proceed with the escheat of such estate pursuant to this article without the passage of an additional five-year period.

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44-5-192. The notice provided in subsection (b) of Code Section 44-5-191 shall be published once a week for four weeks. On the first Monday following the month in which publication ends, if no heir appears, the proceeds of the escheated estate shall be paid over to the board of education of the school district in which the intestate resided and become a part of the educational fund. If the intestate was not a resident of the county, the proceeds shall be paid over to the county board of education. 44-5-193. When the proceeds of an escheated estate are paid over to a board of education, no further proceedings shall be necessary in the probate court to terminate administration of the estate. 44-5-194. (a) For a period of three years following the receipt of the proceeds of an escheated estate by a board of education, an heir shall be entitled to file a claim to such estate in the form of a civil action in the superior court of the county. The claim shall be tried as are other civil actions. (b) The district attorney of the county in which the board of education lies shall be counsel ex officio for the board in such cases. (c) If no heir files a claim by the end of the three-year period, the board of education shall publish the following advertisement once each month for a period of three months in the legal organ of the county: (d) No advertisement shall be necessary if the proceeds of the escheated estate are less than $5,000.00.

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(e) (1) On the first day of the month following the last date of advertisement, if no claim is filed, the proceeds of the estate shall be conclusively escheated. (2) In the case of estates containing proceeds of less than $5,000.00, conclusive escheat occurs at the end of three years if no claim is filed. 44-5-195. Where required by this article, notice by publication shall be deemed sufficient and legal notice to all heirs of estates, provided that the procedures required by this article are followed. 44-5-196. Proceedings under this article shall be conclusive upon and bind all heirs of estates. 44-5-197. Nothing in this article shall prevent a board of education, in its discretion and upon proper proof, to return any estate proceeds to any heir. 44-5-198. All expenses incurred in the administration of this article shall be paid from the proceeds of the subject estate. 44-5-199. (a) When the husband, wife, or adopted child of an intestate was his heir and such heir dies intestate and without ascertainable heirs before receiving possession of the property of his estate, such property shall not escheat to the state but shall descend to the blood heirs of the original intestate if there are blood heirs of the original intestate who would have inherited his property if the marriage or adoption had not occurred. (b) The property shall be reduced to cash by the intestate's administrator under existing laws. The death of the wife, husband, or adopted child of the intestate and the nonexistence of the heirs of such wife, husband, or adopted child may be ascertained by advertisement as provided in the case of escheats. Should such persons not appear, the fund, less the expenses of the proceedings, shall be paid over as provided in subsection (a) 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.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. STATE CONSTRUCTION INDUSTRY LICENSING BOARDLOW VOLTAGE CONTRACTING. Code Title 43, Chapter 14 Amended. No. 1238 (House Bill No. 1292). AN ACT To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of low-voltage contracting; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Low-voltage Contractors; to change certain provisions relating to the composition, organization, officers, and powers of the board; to change certain provisions relating to powers and duties of the divisions of the board; to provide for license application, examination, issuance, and renewal; to provide for certain notifications; to change certain provisions relating to applicability and exceptions; to prohibit unlicensed low-voltage contracting and provide penalties therefor; 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 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, is amended by striking Code Section 43-14-1, relating to legislative purpose, and inserting in its place a new Code section to read as follows:

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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, low-voltage wiring, or conditioned air installations. The practice of electrical contracting, plumbing contracting, installing, or repairing, low-voltage contracting, 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. Section 2 . Said chapter is further amended by adding in Code Section 43-14-2, relating to definitions, immediately preceding paragraph (1) thereof a new paragraph to read as follows: (.1) `Alarm system' means any device or combination of devices used to detect a situation, causing an alarm in the event of a burglary, fire, robbery, medical emergency, or equipment failure, or on the occurrence of any other predetermined event., by striking paragraph (6) thereof and inserting in its place a new paragraph (6) to read as follows: (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 but shall not include low-voltage contracting., by adding after paragraph (8) thereof a new paragraph (8.1) to read as follows: (8.1) `General system' means any electrical system, other than an alarm or telecommunication system, involving low-voltage wiring., by adding after paragraph (10) thereof the following new paragraphs: (10.1) `Low-voltage contracting' means the installation, alteration, service, or repair of a telecommunication system, alarm system, or general system involving low-voltage wiring. (10.2) `Low-voltage contractor' means an individual who is engaged in low-voltage contracting under express or implied contract

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or who bids for, offers to perform, purports to have the capacity to perform, or does perform low-voltage contracting services under express or implied contract. An employee of a low-voltage contractor who receives only a salary or hourly wage for performing low-voltage contracting work shall not be required to be licensed under this chapter, except that those employees upon whom the qualification of a partnership or corporation rests, as outlined in subsection (b) of Code Section 43-14-8.1 shall be licensed. (10.3) `Low-voltage wiring' means: (A) Wiring systems of 50 volts or less and control circuits directly associated therewith; (B) Wiring systems having a voltage in excess of 50 volts, provided such systems consist solely of power limited circuits meeting the definition of a Class II and Class III wiring system as defined in Article 725 of the National Electrical Code; or (C) Line voltage wiring having a voltage not in excess of 300 volts to ground and installed from the load-side terminals of a suitable disconnecting means which has been installed for the specific purpose of supplying the low-voltage wiring system involved or installed from a suitable junction box which has been installed for such specific purpose., and by adding after paragraph (12) thereof a new paragraph to read as follows: (12.1) `Telecommunication system' means a switching system and associated apparatus which performs the basic function of two-way voice or data service, or both, and which can be a commonly controlled system capable of being administered both locally and remotely via secured access. Section 3 . Said chapter is further amended by striking from subsection (c) of Code Section 43-14-3, relating to the creation of the State Construction Industry Licensing Board, the following: (c) The board shall be composed of 17 members, and inserting in its place the following:

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(c) The board shall be composed of 22 members, by striking from the end of paragraph (3) of said subsection (c) the following: ; and, and inserting in its place the following: ; , by redesignating paragraph (4) of said subsection (c) as paragraph (5), and inserting immediately prior thereto a new paragraph (4) to read as follows: (4) Five members known as the Division of Low-voltage Contractors, one of whom shall be an alarm system low-voltage contractor, one of whom shall be an unrestricted low-voltage contractor, one of whom shall be a telecommunication system low-voltage contractor, one of whom shall be a professional electrical engineer, and one of whom shall be the chief electrical inspector of a county or municipality; and, and by adding in subsection (d) thereof immediately after the following: June 30, 1987., the following: Members of the Division of Low-voltage Contractors shall be appointed by the Governor, subject to confirmation by the Senate, for initial terms beginning July 1, 1984, and ending June 30, 1987. Section 4 . Said chapter is further amended by striking subsection (b) of Code Section 43-14-4, relating to meetings and organization of the board, and inserting in its place a new subsection to read as follows: (b) The office of chairman shall be rotated among the four 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

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term. The person selected to fill the vacancy shall be a member of the same division as the previous chairman. Section 5 . Said chapter is further amended by striking paragraphs (2) and (4) of Code Section 43-14-5, relating to powers of the board, and inserting in their respective places new paragraphs to read as follows: (2) Provide by regulation for reciprocity with other states in the registration and licensing of electrical contractors, master plumbers, journeyman plumbers, low-voltage contractors, 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; (4) Establish the policies for regulating the businesses of electrical contracting, plumbing, low-voltage, and conditioned air contracting; and. Section 6 . Said chapter is further amended by striking subsection (a) of Code Section 43-14-6, relating to duties of the various divisions of the board, and inserting in its place a new subsection (a) to read as follows: (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; the Division of Low-voltage Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of low-voltage contracting; 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 and, in the case of low-voltage contractors, upon such additional information deemed necessary by the division

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licensing such contractors in order to protect the safety and welfare of the public; (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. The Division of Low-voltage Contractors shall prepare separate examinations for Low-voltage Contractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage contracting, Class LV-T licenses shall be restricted to telecommunication and general system low-voltage contracting, Class LV-G licenses shall be restricted to general system low-voltage contracting, and Class LV-U licenses shall be unrestricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting; (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; (B) Electrical Contractor Class II;

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(C) Master Plumber Class I; (D) Master Plumber Class II; (E) Journeyman Plumber; (F) Conditioned Air Contractor Class I; (G) Conditioned Air Contractor Class II; (H) Low-voltage Contractor Class LV-A; (I) Low-voltage Contractor Class LV-T; (J) Low-voltage Contractor Class LV-G; and (K) Low-voltage Contractor Class LV-U; (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;

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(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 (G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage contracting, 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, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, lowvoltage contracting, 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. Section 7 . Said chapter is further amended by adding immediately following Code Section 43-14-8 a new Code section to read as follows: 43-14-8.1. (a) For purposes of this Code section only, `division' means the `Division of Low-voltage Contractors.' (b) No person shall engage in alarm system, general system, or telecommunication system low-voltage contracting unless such person has a valid license therefor from the Division of Low-voltage Contracting.

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(c) Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application prior to and including December 31, 1984, and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a state-wide Low-voltage Contractor Class LV-A, LV-G, LV-U, or LV-T license without examination. An individual desiring to obtain Low-voltage Contractor Class LV-T shall submit to the division an affidavit sworn before a notary public which outlines the experience of said individual in the practice of low-voltage wiring relating to telecommunication systems. An individual desiring to obtain a Low-voltage Contractor Class LV-A license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm systems. An individual desiring to obtain a Low-voltage Contractor Class LV-G license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to general systems. Each such affidavit for licensure shall describe in detail the installation of at least three complete low-voltage wiring jobs which shall demonstrate that the individual has successfully performed low-voltage wiring in the area of licensure requested for a period of at least one year immediately prior to the time of application. An individual desiring to obtain a Low-voltage Contractor Class LV-U license shall submit to the division an application, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm and telecommunication systems and which describes in detail the installation of at least six complete low-voltage wiring jobs, three in alarm and three in telecommunication systems, which shall demonstrate that the individual has successfully performed low-voltage wiring in those areas for a period of at least one year immediately prior to the time of application. (d) 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 the vocation of low-voltage contracting after December 31, 1984, shall take the examination and qualify under this Code section before engaging in such vocation. (e) No partnership or corporation shall have the right to engage in the business of low-voltage contracting unless there is regularly

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connected with such partnership or corporation a person or persons, actually engaged in the performance of such business on a full-time basis and supervising the low-voltage systems installation, repair, alteration, and service work of all employees of such partnership or corporation, who have valid licenses issued to them as provided in this chapter. In cases where a partnership or corporation has more than one office location from which low-voltage contracting is performed, at least one person stationed in each branch office of such partnership or corporation, engaged in the performance of low-voltage contracting on a full-time basis and supervising the low-voltage wiring systems installation, repair, alteration, and service work of all employees of such branch office locations, shall have a valid license issued as provided in this Code section. (f) It shall be the duty of all partnerships and corporations qualified under this Code section to notify the division, in accordance with board rules, of severance of connection with such partnership or corporation of any person or persons upon whom the qualification of any such partnership or corporation rested. (g) All applicants for examinations and licenses provided for by this Code section and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the 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 division in its discretion may require. All forms of application 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. (h) The division shall notify each local governing authority of the provisions of this chapter relating to licensure, especially the provisions of subsection (b) of this Code section. The division shall notify such governing authorities that after December 31, 1984, any person desiring a license to engage in the vocation of low-voltage contracting shall be required to pass an examination as provided in this chapter. Section 8 . Said chapter is further amended by striking Code Section 43-14-15, relating to general applicability, and inserting in its place a new Code section to read as follows:

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43-14-15. (a) This chapter shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical or low-voltage wiring 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, except low-voltage wiring 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, except low-voltage wiring 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. (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 or low-voltage wiring 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 or low-voltage wiring 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,

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municipality, or other political subdivision from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, or electrical or low-voltage wiring 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 or low-voltage wiring 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. (h) This chapter shall not apply to low-voltage wiring performed by public utilities, except that such portion of the business of those public utilities which involves the installation, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter. Section 9 . Said chapter is further amended by striking Code Section 43-14-16, relating to exemptions, and inserting in its place a new Code section to read as follows: 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; or (2) 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) Reserved.

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(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, low-voltage wiring, or conditioned air work unless the employer is engaged in the practice of plumbing, electrical, low-voltage wiring, 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, low-voltage contracting, or conditioned air contracting, but only as prescribed by the license, throughout this state; and, except as provided in Code Section 43-14-13, 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 or low-voltage wiring 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; (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.

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(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. Section 10 . This Act shall become effective July 1, 1984. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. ALCOHOLIC BEVERAGESWINEFARM WINERIES, LICENSING REQUIREMENTS. Code Title 3, Chapter 6 Amended. No. 1239 (House Bill No. 1473). AN ACT To amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation and taxation of wine, so as to change the definition of farm winery; to provide that state licensed wineries shall under certain conditions need no license from a county or municipality to manufacture wine or sell wine at wholesale; 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 the regulation and taxation of wine, is amended by striking from Code Section 3-6-21.1, relating to farm wineries, paragraph (1) of subsection (a) which reads as follows: (1) `Farm winery' means a domestic winery located on premises, a substantial portion of which is used for agricultural purposes,

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including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the winery., and inserting in its place a new paragraph to read as follows: (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, or a domestic winery which: (A) Makes at least 40 percent of its annual production from agricultural produce grown in this state; (B) Is owned and operated by persons who are engaged in the production of a substantial portion of the Georgia agricultural produce used in its annual production; and for this purpose such production of a substantial portion of such Georgia agricultural produce shall be determined by the commissioner; and (C) Produces less than 100,000 gallons per year. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 3-6-40, relating to local wine license requirements, and inserting in its place a new subsection (a) to read as follows: (a) Except as otherwise provided in this Code section, the businesses of manufacturing, distributing, and selling wine at wholesale or retail shall not be conducted in any county or incorporated municipality of this state without a license from the governing authority of the county or municipality. A farm winery, as defined in Code Section 3-6-21.1, which is qualified and licensed by the state shall need no county or municipal license to manufacture wine or to distribute such wine at wholesale in accordance with this chapter if the farm winery has given to the municipal or county governing authority 60 days' written notice of its intention to commence operations in the county or municipality and the county or municipal governing authority has not within said 60 day period adopted a resolution prohibiting the farm winery from commencing operations in the county or municipality without a local license.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. MOTOR VEHICLE TRAFFIC OFFENSESAUTHORITY OF COURTS TO CHANGE OR MODIFY JUDGMENTS OR SENTENCES LIMITEDPROCEDURES. Code Section 40-13-32 Enacted. No. 1240 (Senate Bill No. 61). AN ACT To amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in the prosecution of traffic offenses, so as to provide procedures and requirements relative to changing or modifying traffic law sentences or judgments rendered pursuant to a conviction, plea of guilty, or plea of nolo contendere; to provide for certification to the Department of Public Safety; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in the prosecution of traffic offenses, is amended by adding immediately following Code Section 40-13-31 a new Code section, to be designated Code Section 40-13-32, to read as follows: 40-13-32. (a) No court having jurisdiction over cases arising out of the traffic laws of this state or the traffic laws of any county or municipal government shall change or modify a traffic law sentence or

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judgment rendered pursuant to a conviction, plea of guilty, or plea of nolo contendere after 90 days from the date of judgment, except for the purpose of correcting clerical errors therein, unless there is strict compliance with all of the following requirements: (1) A motion to change or modify the sentence or judgment is made by the defendant to the court rendering the judgment; (2) Notice, including a copy of the motion and rule nisi, is given to the prosecuting official who brought the original charge at least ten days prior to the motion hearing; and (3) A hearing is held with opportunity for the state to be heard. (b) If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Public Safety that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met. (c) Except for orders correcting clerical errors, the Department of Public Safety shall not recognize as valid any change or modification order nor make any changes to a driver's history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section. (d) In the case of municipal courts, notice to the city attorney or to the solicitor in those cases where the municipal court has a solicitor, shall be deemed to be notice as provided for herein. (e) In all cases wherein notice is required herein, same shall be deemed sufficient if sent by certified mail, return receipt, with adequate postage thereon, to the correct address of the prosecuting official. 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 29, 1984. PROFESSIONAL ENGINEERS AND LAND SURVEYORSLAW AMENDED. Code Title 43, Chapter 15 Amended. No. 1241 (Senate Bill No. 363). AN ACT To amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to delete certain provisions relating to the transacting of business; to correct certain Code citations; to delete certain provisions relating to residency of applicants; to change the provisions relative to registration by comity; to delete certain provisions relating to temporary permits; 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 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, is amended by striking in its entirety subsection (b) of Code Section 43-15-4, relating to frequency of meetings, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The board shall meet at such times as the business of the board shall require, as the board or its chairman may determine, but shall hold one annual meeting each year at which time the board shall elect a chairman and a vice-chairman.

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Section 2 . Said chapter is further amended by striking in its entirety subparagraph (A) of paragraph (3) of Code Section 43-15-9, relating to qualifications of professional engineers, and inserting in lieu thereof a new subparagraph (A) to read as follows: (3) (A) Obtain certification by the board as an engineer-in-training under paragraph (3) of Code Section 43-15-8; . Section 3 . Said chapter is further amended by striking in its entirety Code Section 43-15-15, relating to applications for certificates generally, and inserting in lieu thereof a new Code Section 43-15-15 to read as follows: 43-15-15. (a) Applications for certificates and for certificates of registration shall be made under oath to the board and shall contain such information in the form and manner as shall be prescribed by the board. The application shall be accompanied by a fee in an amount prescribed by the board. (b) No individual shall be eligible for a certificate or a certificate of registration under this chapter who is not of good character and reputation. (c) If the board denies an application on the ground that the applicant lacks the requisite experience to admit him to the examination, the board may impose on the applicant a period of deferment on the filing of a new application, during which period the board shall not be required to accept for filing a new application by the applicant. The period of deferment shall not exceed the time reasonably required to acquire the requisite experience. (d) An application shall contain the names of not less than five persons, not related to the applicant by blood or marriage, of whom at least three shall be professional engineers or land surveyors having personal knowledge of the experience on which the applicant predicates his qualifications. (e) Experience required under this chapter shall be of a character and nature approved by the board and consistent with the purposes of this chapter. Section 4 . Said chapter is further amended by striking subsection (a) of Code Section 43-15-16, relating to registration by comity,

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and substituting in lieu thereof a new subsection (a) to read as follows: (a) The board may, in its discretion, upon application therefor and the payment of a fee prescribed by the board, issue a certificate of registration as a professional engineer to any individual who holds a certificate of qualification or registration issued to him by proper authority of the National Council of Engineering Examiners or of any state or territory or possession of the United States if the requirements of the registration of professional engineers under which the certificate of qualification or registration was issued do not conflict with this chapter and are of a standard not lower than that specified in this chapter or if the applicant held such certificate on or before July 1, 1956. The fact that the statute under which the individual was issued a certificate of qualification or registration in another state does not provide that the required written examination be passed subsequent to the acquisition of the required experience shall not be deemed as a conflict with, or lower than, the Georgia requirements, provided that the written examination and the amount of experience required for registration are substantially equivalent to the Georgia requirements. Section 5 . Said chapter is further amended by striking subsection (a) of Code Section 43-15-21, relating to temporary permits, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board, or its delegate, in its sole discretion, may issue a temporary permit to a person who is not a resident of and who has no established place of business in this state, or who has recently become a resident thereof, to permit him, in accordance with the conditions of the temporary permit, to practice or offer to practice engineering in this state if: (1) An application for a certificate of registration has been filed with the board and the fee required by this chapter has been paid; (2) The applicant is legally qualified to practice such profession in the state or country of the applicant's residence or former residence; and (3) The requirements and qualifications for obtaining a certificate of registration in that jurisdiction are not lower than those specified in this chapter.

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Section 6 . Said chapter is further amended by striking subsections (d) and (e) of Code Section 43-15-21, relating to temporary permits, and inserting in lieu thereof new subsections (d) and (e) to read as follows: (d) Plans, specifications, plats, and reports issued by a person holding a temporary permit shall bear his signature and a stamp containing his name, business address, and `Georgia Professional Engineer Temporary Permit No.'. The signature and stamp shall be affixed only in accordance with the requirements of subsection (b) of Code Section 43-15-22. (e) A person who has obtained a temporary permit and practices in accordance therewith is deemed to be a professional engineer for purposes of this chapter, but a temporary permit shall not be deemed to be a registration under any provision of this chapter, including, by way of illustration and not limitation, Code Section 43-15-23. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. COURTSCIVIL PRACTICEVENUE AS TO THIRD-PARTY DEFENDANTS, ETC. Code Section 9-10-34 Enacted. Code Section 15-5-50 Enacted. No. 1242 (Senate Bill No. 370). AN ACT To amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to venue in civil practice, so as to provide that venue may be proper in a county other than the county

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of residence of a person or entity impleaded into a pending civil case by a defending party who contends that such person or entity is or may be liable to said defending party for all or part of the claim against said defending party; to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record, so as to provide that no court of record in this state shall be required to refund any overpayment of court costs in an amount not exceeding $5.00 or to collect any due court costs in an amount of less than $5.00 over the initial filing fee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to venue in civil practice, is amended by adding a new Code Section 9-10-34 to read as follows: 9-10-34. (a) As used in this Code section, the term: (1) `Defending party' means a party to a civil action who is: (A) A defendant who contends that a person or entity not a party to the action is or may be liable to the defendant for all or part of a plaintiff's claim against the defendant; (B) A plaintiff who contends that a person or entity not a party to the action is or may be liable to the plaintiff for all or part of another party's claim against the plaintiff; and (C) A third-party defendant who contends that a person or entity not a party to the action is or may be liable to the third-party defendant for all or part of a claim made in the action against the third-party defendant. (2) `Third-party defendant' means any person or entity whom a defending party contends may be liable to the defending party for all or part of the claim made against the defending party in the action. (b) The claim of a defending party against a third-party defendant may be tried in the county where the action in which the claim for which the third-party defendant may be wholly or partially liable to

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the defending party is pending; and such claim may be tried in such county even though the third-party defendant is not a resident of such county. (c) The venue established under this Code section against a third-party defendant is dependent upon the venue over the defending party who brought the third-party defendant into the action, and if venue is lost over said defending party, whether through dismissal or otherwise, venue shall likewise be lost as to the third-party defendant. Section 2 . Chapter 5 of Title of the Official Code of Georgia Annotated, relating to the administration of courts of record, is amended by adding a new article immediately following Article 3, to be designated Article 4, to read as follows: Article 4 15-5-50. No court of record in this state shall be required to refund any overpayment of court costs in an amount not exceeding $5.00 or to collect any due court costs in an amount of less than $5.00 over the initial filing fee. 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, 1984.

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PUBLIC OFFICERS AND EMPLOYEESMANNER OF FILLING VACANCIES IN CERTAIN OFFICES. Code Title 45, Chapter 5, Title 2, Chapter 2, and Title 34, Chapter 2 Amended. Code Section 45-14-10 Repealed. No. 1243 (Senate Bill No. 498). AN ACT To amend Code Section 45-5-3 of the Official Code of Georgia Annotated, relating to filling vacancies in certain offices, so as to provide for special elections to fill vacancies for the unexpired term in certain elective public offices under certain circumstances; to provide for other matters relative thereto; to amend Code Section 2-2-3 of the Official Code of Georgia Annotated, relating to the term of office and filling vacancies in the office of the Commissioner of Agriculture, so as to delete the provision relative to filling a vacancy; to amend Code Section 34-2-3 of the Official Code of Georgia Annotated, relating to the election, term of office, and filling a vacancy in the office of Commissioner of Labor, so as to delete the provision relative to filling a vacancy; to repeal Code Section 45-14-10 of the Official Code of Georgia Annotated, relating to the Comptroller General leaving office and the filling of vacancies in said office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 45-5-3 of the Official Code of Georgia Annotated, relating to filling vacancies in certain offices, is amended by striking said Code section, which reads as follows: 45-5-3. In all cases where the office of Governor, Senator, Representative, Justice of the Supreme Court, Judge of Court of Appeals, judge of the superior court, Attorney General, district attorney, Secretary of State, Comptroller General, judge of the probate court, sheriff, clerk of the superior court, tax collector, tax receiver, county treasurer, county surveyor, or coroner shall become vacant by resignation, death, or the removal of the officer before the expiration of his term, the successor to said officer shall be elected or appointed only for the remainder of the unexpired term.,

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in its entirety and substituting in lieu thereof a new Code Section 45-5-3 to read as follows: 45-5-3. (a) In those instances where the law applicable to an elective public office does not provide for filling a vacancy in such office and the Governor fills such vacancy pursuant to the authority of Article V, Section II, Paragraph VIII, subparagraph (a) of the Constitution and in those instances where the Governor fills a vacancy in the office of district attorney pursuant to Article VI, Section VIII, Paragraph I, subparagraph (a) of the Constitution, the vacancy shall be filled as follows: (1) If the vacancy occurs during the final 27 months of a term of office, the Governor shall appoint a person to fill such vacancy for the remainder of the unexpired term of office; or (2) If the vacancy occurs at any time prior to the time specified in paragraph (1) of this subsection, the Governor shall appoint a person to fill such vacancy until such vacancy is filled for the unexpired term of office at a special election provided for in subsection (b) of this Code section. (b) When a special election is required to fill a vacancy for the unexpired term of office as provided by paragraph (2) of subsection (a) of this Code section, such special election shall be held on the same date as the general election which is first held following the date of the vacancy. (c) It shall be the duty of the appropriate state or local election officials to call and conduct the special elections required by subsection (b) of this Code section in accordance with the applicable provisions of Chapter 2 of Title 21, known as the `Georgia Election Code.' Any person elected to fill a vacancy pursuant to subsection (b) of this Code section shall possess the qualifications to seek and hold such office provided by law applicable to the office wherein the vacancy occurred. (d) The provisions of this Code section shall not apply to a vacancy which occurs in any elective office of a municipality of this state. Section 2 . Code Section 2-2-3 of the Official Code of Georgia Annotated, relating to the term of office, removal, and filling a

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vacancy in the office of Commissioner of Agriculture, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 2-2-3 to read as follows: 2-2-3. The term of office of the Commissioner shall be for four years or until his successor is elected and qualified, unless he is removed in the manner prescribed by law for the removal of officers of the state government. Section 3 . Code Section 34-2-3 of the Official Code of Georgia Annotated, relating to the election, term of office, and filling a vacancy in the office of Commissioner of Labor, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The Commissioner shall be elected by those persons entitled to vote for the members of the General Assembly, and his term shall be for four years. Section 4 . Code Section 45-14-10 of the Official Code of Georgia Annotated, relating to the Comptroller General leaving office and the filling of vacancies in said office, which reads as follows: 45-14-10. If the Comptroller General shall resign or be removed, he shall immediately state his account and deliver everything pertaining to his office to his successor; or if he shall die, abscond, or absent himself for as long as 30 days without the Governor's permission, the Governor may, without delay, declare the office vacant, fill his place by appointment, examine the condition of his office, and deliver it over to the appointee., is repealed in its entirety. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984.

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TEACHERS RETIREMENT SYSTEM OF GEORGIABOARD OF TRUSTEESCOMPOSITION, ETC. Code Section 47-3-21 Amended. No. 1244 (House Bill No. 256). AN ACT To amend Code Section 47-3-21 of the Official Code of Georgia Annotated, relating to the Board of Trustees of the Teachers Retirement System of Georgia, so as to designate the composition of the board of trustees; to provide the method of selection of the members of the board of trustees; to provide a beginning date for initial terms; to provide for a nominating committee and for its duties; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 47-3-21 of the Official Code of Georgia Annotated, relating to the Board of Trustees of the Teachers Retirement System of Georgia, is amended by striking subsection (a), which reads as follows: (a) There is created a board of trustees which shall consist of ten trustees as follows: (1) The state auditor, ex officio; (2) The Insurance Commissioner, ex officio; (3) The executive secretary of the Georgia Association of Educators, ex officio, and the associate executive secretary of the Georgia Association of Educators, ex officio; (4) One member who is a school administrator or a school principal and one member who is a classroom teacher and not an employee of the Board of Regents of the University System of Georgia. Such members shall be elected for a term of three years each by the assembly of the Georgia Association of Educators in accordance with such rules as the board of trustees shall adopt to

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govern such election, provided that the first two such members shall be appointed by the State Board of Education, one for a term from the date of appointment to June 30, 1944, and one for a term from the date of appointment to June 30, 1946; (5) One member who is an employee of the Board of Regents of the University System of Georgia and who shall be appointed by that board for a term of three years, beginning with the expiration of the term of the present member, who is an employee of the board of regents; (6) One member to be appointed by the Governor for a term of three years beginning June 30, 1965. Successors to such member shall likewise be appointed for terms of three years; (7) One member who is a retired school teacher and who shall be elected by the Georgia Retired Teachers Association in the manner to be provided by rules and regulations of the board of trustees to govern such election. The first such member shall be elected to take office on July 1, 1975, for a term of three years. Successors to such member shall also serve for terms of three years; (8) The tenth trustee shall be a citizen of this state, not a member of the retirement system, who shall be experienced in the investment of moneys and who shall be elected by the remaining nine trustees for a term of four years, provided that the first such term shall expire June 30, 1947., in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) There is created a board of trustees which shall consist of ten trustees as follows: (1) The state auditor, ex officio; (2) The Commissioner of Insurance, ex officio; (3) The Director of the Fiscal Division of the Department of Administrative Services, ex officio;

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(4) One member who shall be an active member of the Teachers Retirement System of Georgia who is a classroom teacher and not an employee of the Board of Regents of the University System of Georgia. Such member shall be appointed by the Governor for a term of three years with the initial term beginning July 1, 1984. In making the appointment the Governor may consider, but not be limited to, nominations furnished him by the nominating committee provided for by subsection (g) of this Code section; (5) One member who shall be an active member of the Teachers Retirement System of Georgia who is a school administrator and not an employee of the Board of Regents of the University System of Georgia. Such member shall be appointed by the Governor for a term of three years with the initial term beginning July 1, 1986. In making the appointment the Governor may consider, but not be limited to, nominations furnished him by the nominating committee provided for by subsection (g) of this Code section. The trustee occupying the `school administrator' position on the board of trustees on July 1, 1984, and a prior appointment by the Governor shall continue to serve in this position from July 1, 1984, until July 1, 1986; (6) One member who shall be an active member of the Teachers Retirement System of Georgia who is not an employee of the Board of Regents of the University System of Georgia. Such member shall be appointed by the Governor for a term of three years with the initial term beginning July 1, 1985. In making the appointment the Governor may consider, but not be limited to, nominations furnished him by the nominating committee provided for by subsection (g) of this Code section. Prior to July 1, 1984, the trustees holding office under immediately preceding law and prior appointments by the Governor shall elect a person to occupy this position on the board of trustees from July 1, 1984, until July 1, 1985; (7) One member who shall be an active member of the Teachers Retirement System of Georgia who is an employee of the Board of Regents of the University System of Georgia and who shall be appointed by the board of regents for a term of three years with the initial term beginning July 1, 1985. The trustee occupying the `employee of the Board of Regents' position on the board of trustees on July 1, 1984, and a prior appointment by the board of

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regents shall continue to serve in this position from July 1, 1984, until July 1, 1985; (8) One member to be appointed by the Governor for a term of three years with the initial term beginning July 1, 1984; (9) One member who has retired under the Teachers Retirement System of Georgia and who shall be elected by the remaining trustees for a term of three years with the initial term beginning July 1, 1985. The trustee occupying the `retired teacher' position on the board of trustees on July 1, 1984, and a prior appointment by the Governor shall continue to serve in this position from July 1, 1984, until July 1, 1985; and (10) The tenth trustee shall be a citizen of Georgia, not a member of the Teachers Retirement System of Georgia, who shall be experienced in the investment of moneys and who shall be elected by the remaining trustees for a term of three years with the initial term beginning July 1, 1984. Section 2 . Said Code section is further amended by striking subsection (e) in its entirety and substituting in lieu thereof three new subsections to be designated subsections (e), (f), and (g) to read as follows: (e) Six trustees at any meeting of the board of trustees shall constitute a quorum to transact business. Each trustee shall be entitled to one vote. Five votes shall be necessary for a decision by the board of trustees. (f) With respect to the selection of all trustees under the provisions of subsection (a) of this Code section, the Governor, the board of trustees, the Board of Regents of the University System of Georgia, and the nominating committee provided for by subsection (g) of this Code section shall give due consideration to minority groups included within the teaching profession. (g) (1) The Teachers Retirement System Nominating Committee is created and such committee shall be composed of five members. Two members shall be from the Georgia Association of Educators, each of whom shall be selected from different geographical areas of the state; one member shall be from the Georgia Federation of Teachers; one member shall be from the Professional

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Association of Georgia Educators; and one member from the Georgia Association of Educational Leaders. The members of each respective organization shall elect its respective member or members of the nominating committee by May 1, 1984. The members of the nominating committee shall serve for terms of three years and their successors shall be selected in the same manner as the original members. Any vacancy shall be filled for the unexpired term by the members of the educational organization which elected the member wherein the vacancy exists. (2) The nominating committee shall submit to the Governor a list of three names for each person to be appointed by the Governor pursuant to paragraphs (4), (5), and (6) of subsection (a) of this Code section as a member of the board. In making appointments pursuant to paragraphs (4), (5), and (6) of subsection (a) of this Code section, the Governor may consider the names submitted by the nominating committee, but it is specifically provided that the appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to choose any appointee from names submitted by the nominating committee. (3) The members of the nominating committee shall serve without compensation. Such members may be reimbursed for travel or other expenses incurred in attending meetings of the nominating committee from the funds of their respective employers or educational organizations but not from the funds of the Teachers Retirement system of Georgia. Section 3 . For the purpose of the creation of the nominating committee provided for in quoted subsection (g) of Section 2 of this Act, for the purpose of the submission of names to the Governor by said nominating committee, and for the purpose of making appointments to the Board of Trustees of the Teachers Retirement System of Georgia in conformity with the requirements of quoted revised subsection (a) of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. For the purposes of the composition of the Board of Trustees of the Teachers Retirement System of Georgia in conformity with the requirements of quoted revised subsection (a) of Section 1 of this Act, this Act shall become effective on July 1, 1984.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. BUILDINGS AND HOUSINGFIRE SAFETY. Code Sections 8-2-200 through 8-2-222 Enacted. Code Title 25, Chapter 2 Amended. No. 1245 (House Bill No. 839). AN ACT To amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction and alteration of buildings and other structures, so as to provide guidelines for the uniform application of fire and building related codes to existing buildings and structures throughout the state; to define certain terms; to provide acceptable alternative safeguards to requirements of various fire and building code provisions where strict compliance is not practical; to make certain provisions mandatory on state enforcement authorities and permissive upon local enforcement authorities; to provide for existing buildings which are under the jurisdiction of state and local enforcement authorities; to specify various hazardous conditions in existing buildings and structures which should not be permitted to exist; to relieve building and fire code enforcement authorities from certain liabilities when applying the provisions of this article; to provide for rules and regulations; to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property generally, so as to authorize the Safety Fire Commissioner to grant variances to the rules and regulations adopted pursuant to this chapter under certain circumstances; to authorize certain local governments to grant variances to the rules and regulations adopted pursuant to this chapter under certain circumstances; to

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change the provisions relating to the types of buildings and structures which constitute a special hazard to property or to the life and safety of persons on account of fire or panic from fear of fire; to define certain terms; to exempt buildings or structures used exclusively for agriculture from special fire safety standards applicable to buildings which present a special hazard; to change the provisions relating to buildings or structures designated historic property or located within a designated historic district; to provide construction and fire safety standards for landmark museum buildings and historic buildings; to exempt landmark museum buildings and historic buildings from certain laws and regulations; to provide for rules and regulations; 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 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction and alteration of buildings and other structures, is amended by adding a new Article 3 to read as follows: ARTICLE 3 8-2-200. This article shall be known and may be cited as `The Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings.' 8-2-201. (a) It is a purpose of this article to encourage the sensitive rehabilitation, restoration, stabilization, or preservation of existing buildings throughout this state and to encourage the preservation of buildings and structures deemed to be historic in total or in part; provided, however, such rehabilitation and preservation efforts should provide for the upgrading of the safety features of the building or structure to provide a practical level of safety to the public and surrounding property. It is the further purpose of this article to provide guidance regarding acceptable alternative solutions and to stimulate enforcement authorities to utilize alternative compliance concepts wherever practical to permit the continued use of existing buildings and structures without overly restrictive financial burdens on owners or occupants. (b) The provisions of this article shall not be applicable to new construction.

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8-2-202. As used in this article, the term: (1) `Enforcement authority' means the Safety Fire Commissioner, the state fire marshal, local building officials, local fire marshals, or any other state or local officials responsible for the implementation, application, or enforcement of any state law or local ordinance relating to building construction, or any state or local rule or regulation relating to building construction, or any building, mechanical, electrical, plumbing, life safety or fire prevention codes, or other construction standards that apply or are intended to apply to existing buildings. The term `enforcement authority' also means any local official designated by the local governing authority as the enforcement authority for the purposes of this article. (2) `Existing building or structure' means any completed building or structure which has been placed in service for a minimum of five years. (3) `Safety Fire Commissioner' or `Commissioner' means the office created in Code Section 25-2-2. 8-2-203. The provisions of this article shall be mandatory and binding on the state fire marshal, the Safety Fire Commissioner, and other state officials responsible for state building code, fire code, life safety code, or other construction code enforcement. This article is not mandatory or binding on local enforcement authorities; provided, however, that any local building, fire, life safety, plumbing, electrical, mechanical, or other construction code enforcement authority may apply the applicable provisions of this article to any existing building whenever the local governing authority has adopted this article by reference and whenever such local code enforcement authority determines the need to utilize compliance alternatives to any provisions of the rules, regulations, codes, or standards he or she is empowered to interpret, apply, or enforce under authority of any state law or local ordinance. This article is a tool for use of code enforcement authorities to use as deemed appropriate in attempting to resolve problems encountered while enforcing codes and standards with regard to existing buildings and structures. Enforcement authorities should advise appropriate appeals boards of the provisions, purposes, and intent of this article.

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8-2-204. The provisions of this article shall require any state code enforcement authority and shall permit any authorized local code enforcement authority to permit the repair, alteration, addition, or change of use or occupancy of existing buildings without total compliance with any state or local rule, regulation, code, or standard for new construction requirements under the following general conditions: (1) All noted conditions hazardous to life, based on the provisions of applicable state and local standards or codes for existing buildings, shall be corrected to a resonable and realistic degree as set forth in this article, with specific attention to Code Sections 8-2-214 through 8-2-219; (2) The existing building becomes the minimum performance standard; and (3) The degree of compliance of the building after changes must not be below that existing before the changes. Nothing in this article will require nor prohibit compliance with requirements more stringent than those provided in this article. 8-2-205. With reference to existing buildings, authorized enforcement authorities should give special attention to the conditions or defects described in this Code section in accordance with the provisions of Code Section 8-2-204, so as to assure any such conditions or defects are identified and corrected as deemed appropriate by the enforcement authority having jurisdiction based on applicable state and local codes and through the utilization of appropriate compliance alternatives: (1) Structural. Any building or structure or portion thereof which is in imminent danger of collapse because of but not limited to the following factors: (A) Dilapidation, deterioration, or decay; (B) Faulty structural design or construction; (C) The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; or

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(D) The deterioration, decay, or inadequacy of the foundation; (2) Number of exits. Less than two approved independent, remote, and properly protected exit way serving every story of a building, except where a single exit way is permitted by the applicable state or local fire or building code or life safety code; (3) Capacity of exits. Any required door, aisle, passageway, stairway, or other required means of egress which is not of sufficient capacity to provide for the population of the portions of the building served and which is not so arranged as to provide safe and adequate means of egress to a place of safety; and (4) Mechanical systems. Utilities and mechanical systems not in conformance with the codes in effect at the time of construction of a building which create a serious threat of fire or threaten the safety of the occupants of the building. 8-2-206. Code Sections 8-2-207 through 8-2-211 contain generally acceptable compliance alternatives illustrating principles which shall be applied to the rehabilitation of existing buildings by state enforcement authorities and which may be applied by authorized local enforcement authorities in Georgia. It is recognized for purposes of this article that all building systems interact with each other; therefore, any consideration of compliance alternatives should take into account all existing and proposed conditions to determine their acceptability. The compliance alternatives are not all-inclusive and do not preclude consideration and approval of other alternatives by any enforcement authority. 8-2-207. Compliance alternatives for an inadequate number of exits include, but are not limited to, the following: (1) Provide connecting fire-exit balconies acceptable to the enforcement authority between buildings; (2) Provide alternative exit or egress facilities leading to safety outside the building or to a place of safe refuge in the building or an adjoining building as acceptable to the enforcement authority;

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(3) Provide an exterior fire escape or escapes as acceptable to the enforcement authority where the providing of enclosed interior or enclosed exterior stairs is not practical; or (4) Install early fire warning and fire suppression systems. 8-2-208. Compliance alternatives for excessive travel distances to an approved exit include, but are not limited to, the following: (1) Install an approved smoke detection system throughout the building; (2) Install an approved complete automatic fire suppression system; (3) Subdivide the exit travel route with smoke-stop doors acceptable to the enforcement authority; (4) Increase the fire resistance rating of corridor walls and doors; or (5) Provide additional approved means of escape. 8-2-209. Compliance alternatives for unenclosed or improperly enclosed exit stairways or vertical shafts include, but are not limited to, the following: (1) Improve enclosure of exit stairway; (2) Add a partial fire suppression system; (3) Add a sprinkler draft curtain; or (4) Add a smoke detection system. 8-2-210. Compliance alternatives for inadequate or a total lack of fire partitions or fire separation walls shall be as set forth in Code Section 8-2-209. 8-2-211. Compliance alternatives for a lack of required protection of openings in exterior walls where a fire exposure is a risk include, but are not limited to, the following:

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(1) Improve fire resistance of existing openings and protect them with fire-rated windows or doors as appropriate; (2) Seal the openings with fire-rated construction as approved by the enforcement authority; or (3) Install an approved fire suppression system. 8-2-212. Whenever action is taken on any existing building to repair, make alterations, or change the use or occupancy of an existing structure and, when said action proposes the use of compliance alternatives, the authorized enforcement authority shall ensure that at least one copy of the accepted compliance alternatives approved, including applicable plans, test data, or other data submitted for evaluation, be maintained on file in the office of the local enforcement authority. If said structure also falls under the jurisdiction of a state level enforcement authority, at least one copy of same material shall be maintained on file with that authority. 8-2-213. Where an existing building or structure falls within the jurisdiction of both state level and local level enforcement authorities, the final review of any part of the project which is under the jurisdiction of both such enforcement authorities shall occur with the state authority; provided, however, the local fire and building authorities must agree in writing with any compliance alternatives before such can be approved by the state authority. It is the intent of this Code section that the state enforcement authority be very liberal in the consideration and approval of compliance alternatives which have the documented support of local enforcement authorities. 8-2-214. Additions to an existing building shall comply with the applicable requirements of state and local laws, rules, regulations, codes, and standards for new construction. Such additions shall not impose loads either vertical or horizontal which would cause the existing building to be subjected to stresses exceeding those permitted under new construction. If the existing building does not comply with the standards provided in this article and the authorized enforcement authority finds that the addition adversely affects the performance of the total building, the authorized enforcement authority may require: (1) The new addition to be separated from the existing structure by at least a two-hour fire wall with openings therein properly protected; or

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(2) The installation of an approved automatic fire suppression system; or (3) Other remedies which may be deemed appropriate by the enforcement authority. 8-2-215. Minor alterations or repairs to an existing building which do not adversely affect the performance or safety of the building may be made with the same or like materials. Existing buildings which, in part or as a whole, exceed the requirements of any applicable construction or fire safety code, may, in the course of compliance with this article, have reduced or removed, in part or total, features not required by such code for new construction; provided, however, that such features were not a condition of prior approval. Existing buildings and structures which, in part or as a whole, do not meet the requirements of the applicable code for new construction may be altered or repaired without further compliance to any such code by utilizing the provisions of this article, provided their present degree of compliance to any applicable construction or fire safety code is not reduced. Any new mechanical systems installed in an existing building shall conform to applicable codes for new construction to the fullest extent practical as approved by the authorized enforcement authorities. 8-2-216. The legal use and occupancy of any building or structure may be continued without change, except as may be provided otherwise by this article or as may be legally provided for by any applicable state or local law, ordinance, rule, regulation, code, or standard. 8-2-217. (a) A total change in the use or occupancy of an existing building which would cause a greater hazard to the public shall not be made unless such building is made to comply with the requirements of the applicable state and local rules, regulations, codes, and standards for the new use or occupancy; provided, however, the compliance alternative provisions of this article may be utilized by authorized enforcement authorities where total or strict compliance with applicable state or local rules, regulations, codes, or standards is not practical. (b) When the proposed use is of equal or lesser hazard as determined by an authorized enforcement authority, further compliance with any code for new construction is not required unless

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otherwise provided in this article. Altertions or repairs to an existing building or structure which do not adversely affect the performance of the building may be made with like materials. Any proposed change to the existing building or change in type of contents of the existing building shall not increase the fire hazard to adjacent buildings or structures. If the fire hazard to adjacent buildings structures is increased, then requirements of applicable construction or fire safety codes for exterior walls shall apply. 8-2-218. (a) If a portion of a building is changed to a new use or occupancy and that portion is separated from the remainder of the building with vertical or horizontal fire separations complying with applicable state or local rules, regulations, codes, or standards or with compliance alternatives, then the portion changed shall be made to comply to the applicable requirements for the new use or occupancy to the extent noted in Code Section 8-2-217. (b) If a portion of the building is changed to a new use or occupancy and that portion is not separated from the remainder of the building as noted in subsection (a) of this Code section, then the provisions of the applicable state and local rules, regulations, codes, and standards applying to each use or occupancy of the building shall apply to the entire building to the extent noted in Code Section 8-2-217; provided, however, if there are conflicting provisions in requirements for the various uses or occupancies, the authorized enforcement authority shall apply the strictest requirements. 8-2-219. Any proposed change in the use or occupancy of an existing building or portion thereof which could increase the floor loading should be investigated by a Georgia registered professional engineer to determine the adequacy of the existing floor system to support the increased loads. If the existing floor system is found to be inadequate, it should be modified to support the increased loads or the proposed allowable floor loading shall be reduced by and posted by the appropriate enforcement authority. 8-2-220. The Safety Fire Commissioner shall promulgate reasonable rules and regulations to implement and carry out the requirements of this article. 8-2-221. Should any person, firm, corporation, or other entity be dissatisfied with any ruling or decision of the state fire marshal pursuant to the provisions of this article, the right is granted to appeal

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within ten days to the Commissioner. If the person, firm, corporation, or other entity is dissatisfied with the decision of the Commissioner, appeal is authorized to the superior court within 30 days in the manner provided under Chapter 13 of Title 50. In the event of such appeal, the person, firm, corporation, or other entity shall give a surety bond which will be conditioned upon compliance with the order and direction of the state fire marshal or the Commissioner or both. The amount of bond shall be fixed by the Commissioner in such amount as will reasonably cover the order issued by the Commissioner or the state fire marshal or both. 8-2-222. Nothing in this article shall be construed to constitute a waiver of the sovereign immunity of the state or any officer or employee thereof in carrying out the provisions of this article. Further, no action shall be maintained against the state, any municipality, county, or any duly authorized elected or appointive officer or duly authorized employee thereof, for damages sustained as a result of any fire or hazard covered by this article by reason of inspection or other action taken or not taken pursuant to this article. Nothing in this article shall be construed to relieve any property owner or lessee or person in charge thereof from any legal duty, obligation, or liability incident to the ownership, maintenance, or use of such property. Section 2 . Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property generally, is amended by striking in its entirety subsection (e) of Code Section 25-2-12, relating to adoption of state fire safety standards and enforcement with respect to certain buildings, and inserting in lieu thereof a new subsection (e) to read as follows: (e) (1) The office of the Commissioner shall be responsible for interpretations of the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this chapter. (2) On the construction on existing buildings, local governments authorized to enforce the state minimum fire safety standards pursuant to subsection (a) and subsection (b) of this Code section, notwithstanding paragraph (7) of subsection (a) of this Code section, may grant variances from compliance with the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this chapter.

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(3) On the construction on existing buildings not under the jurisdiction of a local government for purposes of paragraph (2) of this subsection, the Commissioner may grant variances from compliance with the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this chapter. (4) On the construction of new buildings, the Commissioner, upon the written recommendation of the state fire marshal and the written request of the fire or building official responsible for enforcing the state minimum fire safety standards, may grant variances from compliance with the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this chapter in jurisdictions covered under subsection (a) of this Code section and Jurisdiction other than those covered under subsection (a) of this Code section. (5) Variances granted pursuant to paragraphs (2), (3), and (4) of this subsection shall be as nearly equivalent as practical to the standards required in this chapter. Section 3 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property, and inserting in lieu thereof a new subsection (a) to read as follows: (a) As used in this Code section, the term: (1) `Capacity' means the maximum number of persons who may be reasonably expected to be present in any building or on any floor thereof at a given time according to the use which is made of such building. The Commissioner shall determine and by rule declare the formula for determining capacity for each of the uses described in this Code section. (2) `Historic building or structure' means any individual building or any building which contributes to the historic character of a historic district, so designated by the State Historic Preservation Officer pursuant to rules and regulations adopted by the Board of Natural Resources, or as so designated pursuant to the provisions of Article 2 of Chapter 10 of Title 44, the `Georgia Historic Preservation Act.'

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(3) `Landmark museum building' means a historic building or structure used as an exhibit of the building or structure itself, and which exhibits a high degree of architectural integrity and a state or national level of significance, and which is open to the public not less than 12 days per year; however, additional uses, original or ancillary, to the use as a museum shall be permitted within the same building subject to the provisions of paragraph (3) of subsection (b) of Code Section 25-2-13. Landmark museum buildings must be so designated by the State Historic Preservation Officer pursuant to rules and regulations adopted by the Board of Natural Resources. Section 4 . Said chapter is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Certain buildings and structures, because of construction or use, may constitute a special hazard to property or to the life and safety of persons on account of fire or panic from fear of fire. Buildings constructed or used in the following manner present such a special hazard: (A) Buildings or structures more than three stories in height; provided, however, that nothing in this Code section shall apply to any individually owned residential unit within any such building; (B) Any building three or more stories in height and used as a residence by three or more families, with individual cooking and bathroom facilities for each family; provided, however, that nothing in this Code section shall apply to any individually owned residential unit within any such building; (C) Any building in which there are more than 15 sleeping accommodations for hire, with or without meals but without individual cooking facilities, whether designated as a hotel, motel, inn, club, dormitory, rooming or boarding house, or by any other name; (D) Any building or group of buildings which contain schools and academies for any combination of grades one through

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12 having more than 15 children or students in attendance at any given time and all state funded kindergarten programs; (E) Hospitals, health care centers, mental health institutions, orphanages, nursing homes, convalescent homes, old age homes, jails, prisons, reformatories, and all administrative, public assembly, and academic buildings of colleges, universities, and vocational-technical schools. As used in this subparagraph, the terms `nursing homes,' `convalescent homes,' and `old age homes' mean any building used for the lodging, personal care, or nursing care on a 24 hour basis of four or more invalids, convalescents, or elderly persons who are not members of the same family; (F) Racetracks, stadiums, and grandstands; (G) Theaters, auditoriums, restaurants, bars, lounges, nightclubs, dance halls, recreation halls, churches, and other places of public assembly having an occupant load of 300 or more persons, except that the occupant load shall be 100 or more persons in those buildings where alcoholic beverages are served; and (H) Department stores and retail mercantile establishments having a gross floor area of 25,000 square feet on any one floor or having three or more floors that are open to the public. For purposes of this subparagraph, shopping centers and malls shall be assessed upon the basis of the entire area covered by the same roof or sharing common walls; provided, however, that nothing in this Code section shall apply to single-story malls or shopping centers where every individual occupancy located therein has less than 25,000 square feet, where every such common wall has a two-hour fire rating and is sealed tightly to the underside of the deck, and where there are unobstructed exit doors in the front and rear of every such individual occupancy which open directly to the outside. Section 5 . Said chapter is further amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property, and inserting in lieu thereof a new paragraph (2) to read as follows:

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(2) Any building or structure which is used exclusively for agricultural purposes and which is located in an unincorporated area shall be exempt from the classification set forth in paragraph (1) of this subsection. Section 6 . Said chapter is further amended by adding at the end of subsection (b) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property, new paragraphs (3) and (4) to read as follows: (3) (A) The provisions of this paragraph relating to landmark museum buildings shall apply only to those portions of such buildings which meet all the requirements of a landmark museum building, except as otherwise provided in subparagraphs (B) and (C) of this paragraph. Subparagraphs (B) and (C) of this paragraph shall, unless otherwise provided in such subparagraphs, preempt all state laws, regulations, or rules governing reconstruction, alteration, repair, or maintenance of landmark museum buildings. Local governing authorities may recognize the designation of landmark museum buildings by ordinance and authorize the local enforcement authority to incorporate the provisions of subparagraphs (B) and (C) of this paragraph into their local building and fire codes. Subparagraphs (D) and (E) of this paragraph shall apply to other historic buildings or structures. (B) A landmark museum building shall be subject to the following provisions: (i) Repairs, maintenance, and restoration shall be allowed without conformity to any state building or fire safety related code, standard, rule, or regulation, provided the building is brought into and remains in full compliance with this paragraph; (ii) In the case of fire or other casualty to a landmark museum building, it may be rebuilt, in total or in part, using such techniques and materials as are necessary to restore it to the condition prior to the fire or casualty and use as a totally preserved building; or (iii) If a historic building or structure, as a result of proposed work or changes in use, would become eligible and would be so certified as a landmark museum building, and the

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State Historic Preservation Officer so certifies and such is submitted to the state fire and building code official with the construction or building permit application, then the work may proceed under the provisions of this paragraph. (C) All landmark museum buildings shall comply with the following requirements: (i) Every landmark museum building shall have portable fire extinguishers as deemed appropriate by the state or local fire authority having jurisdiction based on the applicable state or local fire safety codes or regulations; (ii) All landmark museum buildings which contain residential units shall have electrically powered smoke or products of combustion detectors installed within each living unit between living and sleeping areas. Such detectors shall be continuously powered by the building's electrical system. When activated, the detector shall initiate an alarm which is audible in sleeping rooms of that living unit. These unit detectors shall be required in addition to any other protective system that may be installed in the building; (iii) For all landmark museum buildings, except those protected by a total automatic fire suppression system and one and two family dwellings, approved automatic fire warning protection shall be provided as follows: install at least one listed smoke or products of combustion detector for every 1,200 square feet of floor area per floor or story. In addition, all lobbies, common corridors, hallways, and ways of exit access shall be provided with listed smoke or products of combustion detectors not more than 30 feet apart. Detectors shall be so connected as to sound an alarm audible throughout the structure or building. With respect to buildings which are totally protected by an automatic fire suppression system, activation of the sprinkler system shall sound an alarm throughout the structure or building; (iv) Smoke or products of combustion detectors shall be listed by a nationally recognized testing laboratory; (v) All multistory landmark museum buildings, except one and two family dwellings, with occupancy above or

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below the street or grade level shall have manual fire alarm pull stations in the natural path of egress. The activation of a manual pull station shall cause the building fire warning system to sound; (vi) Approved exit signs shall be located where designated by the local or state authority having jurisdiction in accordance with the applicable state or local code, standard, rule, or regulation; (vii) Except for one and two family dwellings, every landmark museum building occupied after daylight, or which has occupied areas subject to being totally darkened during daylight hours due to a power failure or failure of the electrical system, shall be equipped with approved emergency lighting meeting the provisions of the applicable state or local code, standard, rule, or regulation; (viii) Occupant loading of landmark museum buildings or structures shall be limited by either the actual structural floor load capacity or by the limitations of means of egress or by a combination of factors. Actual floor load capacity shall be determined by a Georgia registered engineer or architect. Said floor load shall be posted at a conspicuous location. The building owner shall submit evidence of this certification and related computations to the enforcement authority having jurisdiction upon request. Where one or more floors of a landmark museum building have only one means of egress, the occupant load shall be computed and occupancy limited as determined by the state or local fire marshal; or (ix) The electrical, heating, and mechanical systems of landmark museum buildings shall be inspected and any conditions that create a threat of fire or a threat to life shall be corrected in accordance with applicable standards to the extent deemed necessary by the state or local authority having jurisdiction. (D) Historic buildings not classified as landmark museum buildings shall meet the requirements of applicable state or local building and fire safety laws, ordinances, codes, standards, rules or regulations as they pertain to existing buildings. If an historic building or structure is damaged from fire or other casualty, it may

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be restored to the condition prior to the fire or casualty using techniques and methods consistent with its original construction, or it shall meet the requirements for new construction of the applicable state or local codes, standards, rules, or regulations, provided these requirements do not significantly compromise the features for which the building was considered historically significant. (E) As to any buildings or structures in the State of Georgia which meet the criteria of paragraph (1) of subsection (b) of this Code section and thus fall under the jurisdiction of the Safety Fire Commissioner and which also have been designated as historically significant by the State Historic Preservation Officer, the appropriate enforcement official, in granting or denying a variance pursuant to subsection (e) of Code Section 25-2-12, shall consider the intent of this chapter, with special attention to paragraph (3) of this subsection, Article 3 of Chapter 2 of Title 8, `The Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings,' Article 2 of Chapter 10 of Title 44, the `Georgia Historic Preservation Act,' and the Secretary of Interior's Standards for Preservation Projects. (4) Nothing in this subsection shall be construed as exempting any building, structure, facility, or premises from ordinances enacted by any municipal governing authority in any incorporated area or any county governing authority in any unincorporated area, except to the extent stated in paragraph (3) of this subsection relative to landmark museum buildings or historic buildings or structures. Section 7 . This Act shall become effective May 1, 1984. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984.

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STATE GOVERNMENTDEPARTMENT OF COMMUNITY AFFAIRSADVISORY COMMITTEE. Code Section 50-8-2 Amended. No. 1246 (House Bill No. 907). AN ACT To amend Code Section 50-8-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Community Affairs, generally, so as to provide for an advisory committee to the Department of Community Affairs; to provide for the membership, appointment, and terms of office of the committee; to provide for certain compensation; to provide for meetings; to abolish the existing advisory committee; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 50-8-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Community Affairs, generally, is amended by striking in its entirety subsection (c) thereof which reads as follows: (c) To advise the Department of Community Affairs in matters relating to the financial and operational conditions, programs, services, intergovernmental relationships, and collective planning studies of area or multicounty planning and development, the Governor shall appoint an advisory committee composed of one member recommended by each of the 18 area or multicounty planning and development commissions and any such additional commissions as may be established. The advisory committee shall issue a report of its activities and findings to the department no later than the first day of July each year. The members of the advisory committee shall receive $36.00 per diem for each day in attendance at meetings of the committee, plus actual mileage expenses. The meetings shall be limited in number to 12 per year unless one or more special meetings shall be called by the commissioner of community affairs or the chairman of the advisory committee. The members shall be compensated for their services on the advisory committee from the funds

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appropriated to or available to the area or multicounty planning and development commission which they respectively represent., and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) Effective April 1, 1984, there is created an Advisory Committee on Area Planning and Development. The committee shall advise the commissioner of the Department of Community Affairs and the Board of Community Affairs in matters relating to the financial and operational conditions, programs, services, inter-governmental relationships, and collective planning studies of area or multicounty planning and development commissions. (2) The Governor shall appoint the members of the committee who shall serve for terms of office of two years and until their successors are appointed and qualified. The committee shall consist of one member of each area or multicounty planning and development commission in the state. If any member of the committee shall cease to be a member of an area or multicounty planning and development commission, he shall no longer be a member of the committee, and the Governor shall appoint a successor who shall serve for the remainder of the term and until his successor is appointed and qualified. (3) Membership on the committee shall not preclude the member from holding other public office. Each member of the committee shall receive the same per diem allowance as is authorized for members of the General Assembly for each day a committee member is in attendance at a meeting of the committee and shall receive reimbursement for actual transportation costs incurred while traveling by public carrier or the allowance authorized for state officials and employees for the use of a personal motor vehicle in connection with such attendance. The per diem and travel allowance or reimbursement authorized by this paragraph shall be paid from funds appropriated to or available to the area or multicounty planning and development commission which the member represents. (4) The committee shall meet at least four but not more than six times per year; however, the commissioner of the Department of Community Affairs or the chairman of the committee may call additional special meetings.

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Section 2 . Effective April 1, 1984, the advisory committee on area or multicounty planning and development as it exists on the effective day of the Act shall stand abolished. The advisory committee created by this Act shall be the successor to that committee. 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, 1984. TRIAL JUDGES AND SOLICITORS RETIREMENT FUNDCOMPOSITION OF BOARD OF TRUSTEES CHANGED. Code Title 47, Chapter 10 Amended. No. 1247 (House Bill No. 976). AN ACT To amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, known as the Trial Judges and Solicitors Retirement Fund Act, so as to change the provisions relative to a definition; to change the provisions relative to the composition of the board of trustees which administers the Trial Judges and Solicitors Retirement Fund; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 10 of Title 47 of the Official Code of Georgia Annotated, known as the Trial Judges and Solicitors Retirement

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Fund Act, is amended by striking paragraph (2) of Code Section 47-10-3, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) `Board' means the Board of Trustees of the Trial Judges and Solicitors Retirement Fund provided for in Code Section 47-10-20. Section 2 . Said chapter is further amended by striking Code Section 47-10-20, relating to the creation and administration of the fund, which reads as follows: 47-10-20. (a) There is created the Trial Judges and Solicitors Retirement Fund. (b) The fund shall be administered by the Board of Trustees of the Employees' Retirement System of Georgia, provided that only for the purpose of administering the fund, one state court judge, one state court solicitor, and one juvenile court judge shall be ex officio members of the board and shall be elected as follows: (1) The juvenile court judge who shall serve as an ex officio member of the board shall be elected annually by the Georgia Council of Juvenile Court Judges. The first such juvenile court judge shall be elected at the regular June, 1980, meeting of the Georgia Council of Juvenile Court Judges. His term of office as an ex officio member of the board shall begin on July 1, 1980, and expire on June 30, 1981. Successors to such member of the board shall be elected or reelected annually thereafter at the annual meeting of such council and shall take office on July 1 following their election; (2) The state court judge and the state court solicitor who shall serve as ex officio members of the board shall be elected annually by the State Trial Judges and Solicitors Association. The first such state court judge and state court solicitor shall be elected at the regular meeting of such association in June, 1980, and their terms of office as ex officio members of the board shall begin on July 1, 1980, and expire on June 30, 1981. Successors to such members of the board shall be elected or reelected annually thereafter at the annual meeting of such association and they shall take office on July 1 following their election.,

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in its entirety and substituting in lieu thereof a new Code Section 47-10-20 to read as follows: 47-10-20. (a) There is created the Trial Judges and Solicitors Retirement Fund which shall be administered by the Board of Trustees of the Trial Judges and Solicitors Retirement Fund provided for by this Code section. (b) The board shall be composed of all members of the Board of Trustees of the Employees' Retirement System of Georgia and three additional members appointed by the Governor as follows: (1) One state court judge; (2) One state court solicitor; and (3) One juvenile court judge. (c) The first members appointed by the Governor pursuant to subsection (b) of this Code section shall be appointed to take office on July 1, 1984. The state court judge and the juvenile court judge shall each be appointed for an initial term of two years. The state court solicitor shall be appointed for an initial term of four years. Thereafter, the Governor shall appoint successors to take office upon the expiration of the respective terms of office for terms of four years and until their successors are appointed and qualified. Such members of the board shall be eligible for successive appointment as members and shall serve until their successors are appointed and qualified. Any vacancy for any reason in the membership of the board appointed by the Governor shall be filled by appointment of the Governor for the unexpired term. (d) The members of the board shall serve without compensation but may be reimbursed for travel and other expenses incurred by them in carrying out their duties under this chapter. (e) Six members at any meeting of the board shall constitute a quorum to transact business, but the affirmative vote of five members shall be necessary for a decision by the board. (f) The officers and director of the board shall be the same as the officers and director of the Board of Trustees of the Employees' Retirement System of Georgia.

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Section 3 . The three ex officio membership positions on the Board of Trustees of the Employees' Retirement System of Georgia serving only for the purposes of administering the Trial Judges and Solicitors Retirement Fund existing on June 30, 1984, shall stand abolished on July 1, 1984. Section 4 . For the administrative purpose of allowing the Governor to consider appointments pursuant to quoted revised Code Section 47-10-20 of Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. This Act shall be effective for all purposes on July 1, 1984. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. COURTSASSISTANT DISTRICT ATTORNEYSLAW REVISED. Code Title 15, Chapter 18 Amended. No. 1248 (House Bill No. 1038). AN ACT To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to district attorneys, so as to revise completely the provisions relating to assistant district attorneys; to provide for a system of classification of attorneys employed to assist district attorneys and for the compensation of such attorneys; to provide for definitions; to provide that attorneys employed by a department, agency, or instrumentality of state or local government may assist the district attorneys and solicitors of this state in certain civil or criminal proceedings; to

Page 1183

provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to district attorneys, is amended by striking Code Section 15-18-14, relating to assistant district attorneys, which reads as follows: 15-18-14. (a) The district attorney in each judicial circuit may appoint as many assistant district attorneys as there are superior court judges, not including senior judges, who shall serve at the pleasure of the district attorney. (b) (1) Any assistant district attorney who has served as an assistant district attorney for two years or more on July 1, 1979, shall continue to receive the annual salary he was drawing on July 1, 1979. Any such assistant district attorney shall receive the salary increases authorized in paragraph (5) of this subsection. (2) Any assistant district attorney who has served as an assistant district attorney for more than one year but less than two years on July 1, 1979, shall receive an annual salary of $15,500.00 beginning July 1, 1979. Any such assistant district attorney shall receive an annual salary of $16,500.00 on the second anniversary of his appointment. On each anniversary following the second anniversary, any such assistant district attorney shall be entitled to salary increases as provided in paragraph (5) of this subsection. (3) Any assistant district attorney who has served less than one year on July 1, 1979, shall receive an annual salary of $15,500.00 beginning July 1, 1979. On the second anniversary of his appointment, any such assistant district attorney shall be eligible for salary increases as provided for in paragraph (5) of this subsection. (4) Any assistant district attorney appointed under this Code section on and after July 1, 1979, shall receive an annual salary of $15,500.00. Beginning on the first day of the month following the month of the first anniversary of his appointment, any such assistant district attorney shall receive the salary increases authorized in paragraph (5) of this subsection.

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(5) Each assistant district attorney appointed under this Code section shall receive an increase of 6.4 percent for each future year of service, which increase shall become effective on the first day of the month following the month in which the anniversary of his appointment occurs. In addition to his annual salary, each assistant district attorney shall also receive the percentage cost-of-living increase payable to employees of the classified service of the State Merit System of Personnel Administration. All salary increases shall be cumulative, and such increases shall be payable beginning on the same date as those of employees of the classified service of the State Merit System of Personnel Administration, except as otherwise provided for in this Code section. (6) Notwithstanding paragraph (4) of this subsection, each assistant district attorney appointed under this Code section who has prior service as an assistant district attorney in this state may be compensated in an annual amount not to exceed the greater of: (A) $15,500.00 plus an incremental increase of 3.2 percent thereof for each full year of prior service before July 1, 1981, and an incremental increase for each full year of prior service performed after July 1, 1981, as provided in paragraph (5) of this subsection; or (B) The state salary paid to such assistant district attorney at the time of the termination of such prior service. Any such assistant district attorney shall receive the salary increases authorized in paragraph (5) of this subsection, and his anniversary date may for this purpose be adjusted to reflect credit for any partial year of prior service not credited above. (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.

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(c) Each district attorney shall fix the salary to be paid from state funds to any person whom the district attorney appoints or employs as an assistant district attorney pursuant to this Code section. The maximum salary to be paid from state funds shall not exceed the annual salary calculated for such assistant's years of service plus the cumulative adjustment calculated pursuant to subsection (b) of this Code section. In no event shall any assistant district attorney receive a salary from state funds in excess of 75 percent of the annual state salary of the district attorney. In determining the annual salary, the cumulative adjustment, and the maximum salary of any assistant district attorney pursuant to this Code section, all amounts shall be rounded off to the nearest whole dollar. (d) The compensation provided for in this Code section shall be paid from state funds in equal monthly installments by the director of the Fiscal Division of the Department of Administrative Services, upon being presented certification from the district attorney and the chief or presiding judge of the superior court of the judicial circuit as to the employment of an assistant district attorney appointed under this Code section. (e) The county or counties comprising a judicial circuit may supplement the salary of any assistant district attorney appointed under this Code section. (f) Except for the salary of the director of a prosecutorial clinic established with the approval of the Prosecuting Attorneys' Council at a law school accredited by the American Bar Association or where the state is required by law to provide partial compensation of personnel employed pursuant to a federal grant, only assistant district attorneys appointed pursuant to this Code section shall be compensated from state funds., in its entirety and substituting in lieu thereof a new Code Section 15-18-14 to read as follows: 15-18-14. (a) As used in this Code section, the term: (1) `Active practice of law' means experience as an attorney engaged in the private practice of law or an attorney employed as such by a corporation, partnership, or government agency or an attorney employed on a full-time basis as a law clerk for a judge of a court of record. If an attorney shall have been disbarred, any

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period of practice of law prior to such disbarment shall not constitute active practice of law. (2) `Break in service' means a separation from service on a full-time basis as a prosecuting attorney or as an employee of the State of Georgia for a period of six months or more. Any such separation for a period of less than six months shall not constitute a `break in service.' (3) `Compensation of the district attorney' means the annual salary of the district attorney paid from state funds, excluding any local supplements to the state salary. (4) `Prosecuting attorney' means service on a full-time basis as an assistant district attorney, deputy district attorney, or other attorney appointed by a district attorney of this state; service on a full-time basis as a solicitor or assistant solicitor of a state or juvenile court of this state or any political subdivision thereof; service as an attorney employed on a full-time basis by the Attorney General of this state; service as an attorney employed on a full-time basis by the United States Department of Justice; service as an attorney employed on a full-time basis by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the criminal law; service on a full-time basis as an attorney employed by the Prosecuting Attorneys' Council of Georgia; or service on a full-time basis as a third-year law student under Code Section 15-18-22. (b) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint as many attorneys as there are superior court judges in the circuit, excluding senior judges, to assist the district attorney in the performance of the duties of the district attorney's office. (c) Each attorney appointed pursuant to subsection (b) of this Code section shall be classified based on education, training, and experience. The classes of attorneys and the minimum qualifications required for appointment or promotion to each class shall be as follows: (1) Assistant district attorney I. To be eligible for appointment to this class, an attorney must meet the qualifications specified by subsection (b) of Code Section 15-18-21;

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(2) Assistant district attorney II. To be eligible for appointment to this class, an attorney must meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member in good standing of the State Bar of Georgia engaged in the active practice of law for not less than three years or have been a prosecuting attorney for not less than two years; (3) Assistant district attorney III. To be eligible for appointment to this class, an attorney must meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member in good standing of the State Bar of Georgia engaged in active practice of law for not less than four years or have been a prosecuting attorney for not less than three years; and (4) Assistant district attorney IV. To be eligible for appointment to this class, an attorney must meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member of the State Bar of Georgia engaged in the active practice of law for not less than six years or have been a prosecuting attorney for not less than five years, at least two of which were as a prosecuting attorney of the State of Georgia or any of its political subdivisions or as a prosecuting attorney for the United States within the State of Georgia. (d) Except as otherwise provided in Code Section 15-18-15, each attorney appointed pursuant to this Code section shall be compensated based on a salary schedule provided for in subsection (e) of this Code section. The salary range for each class established in subsection (c) of this Code section shall be as follows: (1) Assistant district attorney I. Not less than $19,185.00 nor more than 65 percent of the compensation of the district attorney; (2) Assistant district attorney II. Not less than $21,318.00 nor more than 70 percent of the compensation of the district attorney; (3) Assistant district attorney III. Not less than $25,582.00 nor more than 80 percent of the compensation of the district attorney; and

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(4) Assistant district attorney IV. Not less than $29.845.00 nor more than 90 percent of the compensation of the district attorney. (e) Subject to the salary range established by subsection (d) of this Code section, the Department of Administrative Services shall develop and promulgate a salary schedule for each class of attorney provided for by subsection (c) of this Code section. The salary schedule shall be similar to the salary schedules adopted by the State Merit System of Personnel Administration and shall provide for an entry step and not more than ten steps within each class. In establishing the salary schedule, all amounts shall be rounded off to the nearest whole dollar. (f) (1) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the district attorney in writing in accordance with the provisions of subsection (k) of this Code section. (2) The following requirements shall apply to the appointment of attorneys: (A) Except as otherwise provided by subparagraphs (B) through (E) of this paragraph and by subsection (i) of this Code section, all attorneys shall be appointed in the entry grade established for the class for which the district attorney determines they are qualified; (B) Any person who is employed as a state paid assistant district attorney on June 30, 1984, shall be appointed to the appropriate class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the assistant district attorney was receiving on June 30, 1984; provided, however, that, if the difference between the annual salary received by such assistant district attorney on June 30, 1984, and the salary step to which such assistant district attorney would be appointed pursuant to this subparagraph is less than $100.00, then such assistant district attorney may be appointed to the next higher salary step; (C) Any person who shall have successfully completed a prosecutorial clinic established at a law school accredited by the American Bar Association, which has been approved by

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the Prosecuting Attorneys' Council, may be appointed as an assistant district attorney I at the salary step which is one step above the entry step; (D) Any person who shall have served as a peace officer of this state or of the United States on a full-time basis or shall have served as a forensic scientist of the Division of Forensic Sciences of the Georgia Bureau of Investigation or a comparable agency of the United States may be appointed as an assistant district attorney I at the salary step which is one step above the entry grade; and (E) Any person employed as a prosecuting attorney by the Attorney General of this state, the Prosecuting Attorneys' Council of Georgia, or the United States Department of Justice who is appointed to an attorney position without a break in service may be appointed to the appropriate class at the salary step which is one step above the annual salary received by such person on the last day of employment immediately preceding said appointment. (3) The provisions of paragraph (2) of this subsection shall not apply to personnel who transfer from a nonstate paid attorney position to a state paid position or to transfer from one district attorney's office to another. (g) Any person who is employed in a nonstate paid attorney position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the appropriate class at a salary step which is based on the number of years the person has served in the attorney position as if the person had been initially appointed pursuant to this Code section. Any person employed as a state paid attorney with a district attorney's office who accepts an appointment in another district attorney's office without a break in service shall be considered to have transferred and such transfer shall be to the same class at the same salary step. (h) All salary advancements shall be based on quality of work and performance. The salary of an attorney appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such attorney's appointment. No attorney's salary shall be increased beyond the maximum of the salary range applicable to the attorney's class. Any reduction in

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salary shall be made in accordance with steps in the salary schedule provided for by subsection (e) of this Code section. (i) Any attorney appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications provided for in subsection (c) of this Code section, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an attorney is promoted to the next highest class, the attorney shall enter the higher class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the attorney was receiving immediately prior to the promotion. (j) The county or counties comprising a judicial circuit may supplement the salary of any attorney appointed by a district attorney pursuant to this Code section. (k) (1) Each district attorney shall fix the compensation to be paid to each attorney appointed pursuant to this Code section in accordance with the class to which the attorney is appointed and the appropriate step of the salary schedule. (2) The Department of Administrative Services, in cooperation with the Prosecuting Attorneys' Council of Georgia shall adopt and amend policies, rules, and regulations governing the method of and forms to be used for the appointment, transfer, salary advancements or reductions, and promotions of attorneys appointed pursuant to this Code section. (3) The Department of Administrative Services shall revise the salary schedules provided for by subsection (e) of this Code section and the entry level salaries provided for by subsection (d) of this Code section to include cost-of-living increases which may be granted from time to time to members of the classified service of the State Merit System of Personnel Administration. (4) The salaries provided for by this Code section shall be paid in equal monthly installments by the director of the Fiscal Division of the Department of Administrative Services from funds appropriated or available for the operation of the superior courts.

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Section 2 . Said Article 1 is further amended by striking Code Section 15-18-15, relating to the chief assistant district attorney, in its entirety and substituting in lieu thereof a new Code Section 15-18-15 to read as follows: 15-18-15. (a) The district attorney may designate in writing an assistant district attorney as the chief assistant district attorney. In addition to such assistant district attorney's other duties, the chief assistant district attorney shall have such administrative and supervisory duties as may be assigned by the district attorney. (b) In the event of the absence or disability of the district attorney, the chief assistant district attorney shall have the same power, duties, and responsibilities as the district attorney. (c) In addition to any other compensation which the chief assistant district attorney may receive from state or county funds, the district attorney may authorize the chief assistant district attorney to be paid an amount not to exceed $1,200.00 per annum. Said amount shall be paid in equal monthly installments from state funds appropriated or available for the operation of the superior courts. Section 3 . Section 3 of this Act shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law. Sections 1 and 2 of this Act shall become effective on July 1, 1984. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984.

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DOMESTIC RELATIONSCOUNTY WHERE MARRIAGE LICENSE MAY BE ISSUED. Code Section 19-3-30 Amended. No. 1249 (House Bill No. 1053). AN ACT To amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to when, where, and by whom marriage licenses are issued, so as to change the county in which marriage licenses may be issued; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to when, where, and by whom marriage licenses are issued, is amended by striking subsection (b), which reads as follows: (b) The license shall be issued in the county where the female to be married resides, if she is a resident of this state, and in the county in which the ceremony is to be performed, if the female to be married is not a resident of this state., and inserting in its place a new subsection (b) to read as follows: (b) If both the male and the female to be married are residents of this state, the license shall be issued in the county in which either of those persons resides. If only one of the persons to be married is a resident of this state, the license shall be issued in the county in which that person resides. If neither the male nor the female to be married is a resident of this state, the license shall be issued in the county in which the ceremony is to be performed. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984.

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MOTOR VEHICLES AND TRAFFICOPERATION OF VEHICLE WITH FLASHING OR REVOLVING BLUE LIGHTS PROHIBITEDEXCEPTION. Code Section 40-8-90 Amended. No. 1250 (House Bill No. 1090). AN ACT To amend Code Section 40-8-90 of the Official Code of Georgia Annotated, relating to flashing or revolving blue lights on motor vehicles, so as to authorize certain sheriffs to use flashing or revolving blue lights on their personal motor vehicles 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 40-8-90 of the Official Code of Georgia Annotated, relating to flashing or revolving blue lights on motor vehicles, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-8-90 to read as follows: 40-8-90. (a) Except as provided in subsection (b) of this Code section, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle with flashing or revolving blue lights except motor vehicles owned or leased by any federal, state, or local law enforcement agency. (b) The prohibition contained in subsection (a) of this Code section shall not apply to any elected sheriff who, pursuant to an agreement between the sheriff and the county governing authority, is using his personal motor vehicle in a law enforcement activity provided such vehicle is marked as provided in Code Section 40-8-91. 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 29, 1984. MOTOR VEHICLE CERTIFICATES OF TITLEGRIEVANCE PROCEDURES ARISING FROM ACTS OR OMISSIONS OF DEPARTMENT OF REVENUE. Code Title 40, Chapter 3 Amended. No. 1251 (House Bill No. 1170). AN ACT To amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, so as to change procedures for hearing complaints of persons aggrieved by actions or omissions to act of the commissioner or employees of the Department of Revenue; to eliminate provisions authorizing the payment of compensation to persons so aggrieved; to provide for certain additional fees; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, is amended by striking Code Section 40-3-6 which reads as follows: 40-3-6. (a) The commissioner shall establish a board to hear complaints and claims of persons aggrieved by the acts or omissions of the commissioner or any employee or servant of the Department of Revenue pertaining to the administration of this chapter. The board is authorized to compensate persons, firms, or corporations who have been damaged monetarily by the acts or omissions of the commissioner

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or any employee of the Department of Revenue in the administration of this chapter. Such compensation is to be paid from the appropriations made for the operation of this chapter. The procedure established in this chapter for the handling of claims and of complaints and grievances shall be exclusive and these procedures shall apply to all such complaints, grievances, and claims, whether or not the aggrieved party shall have suffered any monetary damage. The commissioner shall promulgate rules and regulations governing the membership of the board and the organization thereof. (b) A person aggrieved by an act or omission to act of the commissioner in the administration of this chapter is entitled to a review of a hearing conducted pursuant to subsection (a) of this Code section by the superior court of the county of said person's residence. The review shall be a de novo proceeding. (c) Hearings conducted under subsection (a) of this Code section shall be conducted under the terms and conditions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and court review of such hearings shall be as provided by that Act., and inserting in its place a new Code section to read as follows: 40-3-6. (a) A person aggrieved by an act or omission to act of the Department of Revenue under this chapter is entitled, upon request, to a hearing. The commissioner shall establish a board to hear complaints of persons aggrieved by an act or omission to act of the commissioner or any employee of the Department of Revenue pertaining to the administration of this chapter. The procedure established in this chapter for the handling of complaints and grievances shall be exclusive and these procedures shall apply to all such complaints and grievances. The commissioner shall promulgate rules and regulations governing the membership of the board and the organization thereof. (b) Hearings conducted under subsection (a) of this Code section shall be conducted under the terms and conditions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and court review of such hearings shall be as provided by that Act. Section 2. Said chapter is further amended by striking subsection (c) of Code Section 40-3-36, relating to fees for applications for certificates of title, and inserting in lieu thereof a new subsection (c) to read as follows:

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(c) The commissioner shall be paid a fee of $3.00 for the filing of an application for any certificate of title and for the filing of the notice of a security interest or a lien on vehicles not required by law to be titled in this state. The commissioner may, by appropriate regulation, provide for additional fees not to exceed $5.00 for the special handling of applications for certificates of title and related documents. 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, 1984. PUBLIC OFFICERS AND EMPLOYEESTRANSACTING BUSINESS WITH STATE PROHIBITEDEXCEPTIONS. Code Title 45, Chapter 10 Amended. No. 1252 (House Bill No. 1313). AN ACT To amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to change the definition of transacting business; to delete certain officials from coverage under certain provisions; to stipulate who must make certain disclosures; to change when certain disclosures shall be made; to provide that certain transactions or activities 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 the state or any agency thereof do not have to be disclosed; 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 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, is amended by striking in its entirety paragraph (12) of Code Section 45-10-20, relating to definitions, which reads as follows: (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., and inserting in lieu thereof a new paragraph (12) to read as follows: (12) `Transact business' or `transact any business' means to 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 and means to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative. Section 2 . Said part is further amended by striking in its entirety Code Section 45-10-22, relating to prohibitions on transacting business, and inserting in lieu thereof a new Code Section 45-10-22 to read as follows: 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 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) The provisions of paragraph (1) of subsection (a) of this Code section shall not apply to: (1) Any transaction made pursuant to sealed competitive bids;

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(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. Section 3 . Said part is further amended by striking in its entirety Code Section 45-10-26 which reads as follows: 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 paragraph (2) of subsection (b) of Code Section 45-10-24. 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., and inserting in lieu thereof a new Code Section 45-10-26 to read as follows: 45-10-26. (a) Except as provided in subsection (b) of this Code section, any public official or employee, whether for himself or on behalf of any business, or 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 or any agency thereof shall disclose such transactions. Such disclosure shall be submitted prior to January 31 each year to the Secretary of State on such forms as he shall prescribe and shall include an itemized list of the previous year's

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transactions with the dollar amount of each transaction reported and totaled. Such disclosure statements shall be public records. (b) The requirement to disclose certain transactions as provided in subsection (a) of this Code section shall not apply to any transaction when the amount of a single transaction does not exceed $250.00 and when the aggregate of all transactions does not exceed $9,000.00 per calendar year. (c) 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. 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, 1984. MOTOR VEHICLESHIGHWAY USE PERMITS FOR UNREGISTERED TRUCKS. Code Title 40, Chapter 2 Amended. No. 1253 (House Bill No. 1356). AN ACT To amend Article 5 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to operation of unregistered motor trucks, so as to change fee provisions contained therein; to provide for comparative fees with other states; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Article 5 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to operation of unregistered motor trucks, is amended by striking in its entirety Code Section 40-2-111, relating to highway use permits for motor trucks not registered in this state, and inserting in its place a new Code Section 40-2-111 to read as follows: 40-2-111. In addition to any other provision of law relating to registration of motor vehicles or fees paid therefor, a person owning or operating a motor truck, as defined in Code Section 40-2-110, upon the highways of this state, which is not registered in this state, shall apply to the commissioner for a highway use permit for each such motor truck to be so operated. Application shall be made upon a form prescribed by such commissioner and shall set forth such information as the commissioner may require. The application shall be accompanied by a permit fee of not more than $200.00, as determined under the rules and regulations of the commissioner, using a comparison of such fees charged by the state or province of registration of the motor truck, for each motor truck listed in the application. The commissioner shall issue a permit and an identification tag, plate, or decal for each such motor truck, which tag, plate, or decal shall be of such size and design and contain such information as the commissioner shall prescribe. Any such permit and tag, plate, or decal shall be valid for the same period of time as provided by law for license plates issued to motor vehicles in Georgia. Such permits shall be carried in the motor truck and the tag, plate, or decal shall be affixed to the motor truck and at all times be visible and legible. Section 2 . Said article is further amended by striking in its entirety Code Section 40-2-112, relating to additional fees for each round trip into the state by certain motor trucks, and inserting in its place a new Code Section 40-2-112 to read as follows: 40-2-112. In addition to the permit fee provided in Code Section 40-2-111, a person operating a motor truck on the highways of this state, which truck is registered in a state or province which imposes upon motor trucks registered in this state a tax, fee, or toll for the privilege of operating such truck upon the highways of such state or province, which is in addition to any tax, fee, or toll imposed upon gasoline or other motor fuel purchased within such state or province, or registration fee, shall pay a fee of not more than $25.00, as

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determined under the rules and regulations of the commissioner, using a comparison of such taxes, fees, or tolls charged by the state or province of registration of the motor truck, for each round trip into this state in lieu of a tax computed and applied in the same manner as the tax, fee, or toll of such other state or province so long as such tax, fee, or toll imposed by such other state or province shall remain in force. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1984. EDUCATIONPROFESSIONAL PRACTICES COMMISSION AND PROFESSIONAL STANDARDS COMMISSIONPER DIEM EXPENSE REIMBURSEMENT. Code Title 20, Chapter 2 Amended. No. 1254 (Senate Bill No. 488). AN ACT To amend Code Section 20-2-794 of the Official Code of Georgia Annotated, relating to qualifications, oaths, and expenses of members of the Professional Practices Commission, so as to change the maximum amount of per diem expense reimbursement; to amend Code Section 20-2-986 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses of members of the Professional Standards Commission, so as to change the maximum amount of per diem expense reimbursement; 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 20-2-794 of the Official Code of Georgia Annotated, relating to qualifications, oaths, and expenses of members of the Professional Practices Commission, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) Members of the commission shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses, not to exceed $59.00 per day, incurred in the performance of their official duties and for mileage at the same rate as state officials and employees. A member of the commission who is an employee of the Department of Education or of a local board shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. A local board which employs a member of the commission and employs a person to replace such member during his or her performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of expenses so incurred. Section 2 . Code Section 20-2-986 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses of the Professional Standards Commission, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 20-2-986 to read as follows: 20-2-986. Members of the commission shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of official commission business, but such expenses shall not exceed $59.00 per day and mileage at the same rate as state officials and employees. It is specifically provided, however, that no member of the commission, with the exception of members of the executive committee of the commission, shall be reimbursed from any public funds for such expenses for more than 15 days during each calendar year. A member of the commission who is an employee of an agency of the state, or any of its political subdivisions, including school systems, shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. An agency of Georgia, or any of its political subdivisions, including school systems, which employs a member of the commission and employs a person to replace such member during the member's performance of commission duties, or incurs other additional expenses as a result of such performance,

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shall be reimbursed for the actual amount of any costs so incurred. 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, 1984. WATERCRAFTLIFESAVING DEVICES REQUIREDEXCEPTIONS. Code Section 52-7-8 Amended. No. 1255 (House Bill No. 531). AN ACT To amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to lifesaving devices on watercraft, so as to eliminate the requirement that personal flotation devices be readily accessible to an occupant or occupants of racing sculls, racing shells, and racing sweeps; 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 52-7-8 of the Official Code of Georgia Annotated, relating to lifesaving devices on watercraft, is amended by striking paragraph (2) of subsection (d) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) No person may use a vessel upon the water of this state unless the personal flotation devices as required in paragraph (1) of

Page 1204

this subsection are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with the United States Coast Guard approved number, and are of an appropriate size for the occupants of the vessel for whom they are intended; provided, however, that provisions of this subsection shall not apply to racing sculls, racing shells, and racing sweeps. Section 2 . This Act shall become effective upon its approval by 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, 1984. PUBLIC OFFICERS AND EMPLOYEESCERTAIN TRANSACTIONS EXCLUDED AS CONSTITUTING CONFLICTS OF INTEREST. Code Section 45-10-25 Amended. No. 1256 (House Bill No. 908). AN ACT To amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interests, so as to provide that certain transactions 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 the state or

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any agency thereof shall not be unlawful and shall not constitute a conflict of interest; to authorize 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 the state or any agency thereof to engage in certain 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 . Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interests, is amended by striking in its entirety Code Section 45-10-25, relating to transactions which are not prohibited, and inserting in lieu thereof a new Code Section 45-10-25 to read as follows: 45-10-25. (a) 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 the state or any agency thereof under which it is agreed that the public official or employee or any business in which such public official or employee or any member of his family has a substantial interest is to provide Medicaid and related services and benefits or medicare and related services and benefits, or both, and under which it is

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agreed that the state or any agency thereof is to reimburse or pay for the services and benefits so provided; (5) 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 the state or any agency thereof under which the public official or employee or any business in which such public official or employee or any member of his family has a substantial interest directly or indirectly receives reimbursement or payment from the state or any agency thereof for providing Medicaid and related services and benefits or medicare and related services and benefits, or both, and under which the state or any agency thereof reimburses or pays the public official or employee or any business in which such public official or employee or any member of his family has a substantial interest for providing Medicaid and related services and benefits or medicare and related services and benefits, or both; (6) 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; (7) Any transaction involving part-time employment by the Georgia Building Authority of custodial and cleaning workers who work for other agencies; (8) 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:

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(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; (9) 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

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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; (10) 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; (11) 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; (12) Any transaction occurring prior to March 1, 1983; (13) Any transaction occurring prior to qualifying to run 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; (14) 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 (15) 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:

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(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 subparagraphs (A) and (B) of this paragraph, 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. (b) Authority is given for 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 the state or any agency thereof to engage in any transaction exempted from the coverage of this part by subsection (a) of this Code section and subsection (b) of Code Section 45-10-25 and any transaction necessary and proper to such transaction. Section 2 . This Act shall become effective upon its approval by 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 3, 1984.

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LAW ENFORCEMENT OFFICERS AND AGENCIESANNUAL TRAINING OF CERTAIN PERSONNEL. Code Section 35-8-20 Enacted. No. 1257 (House Bill No. 1046). AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of law enforcement officers, so as to require the chiefs of police or department heads of law enforcement units and wardens of state institutions to take annual training; to provide for funding; to provide sanctions against chiefs of police or department heads of law enforcement units and wardens of state institutions who fail to comply with the training requirements; to provide exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of law enforcement officers, is amended by adding a new Code Section 35-8-20 to read as follows: 35-8-20. (a) During calendar year 1985 and during each calendar year thereafter, the chief of police or department head of each law enforcement unit and wardens of state institutions shall complete 20 hours of training as provided in this Code section. (b) This training shall be completed in sessions as selected and provided by the Georgia Association of Chiefs of Police and the Georgia Prison Wardens Association which have been recognized by the Georgia Peace Officer Standards and Training Council. (c) The council is authorized to expend funds appropriated or otherwise available to it for paying the costs of such training other than travel expenses and salaries of police chiefs or department heads of law enforcement units and wardens of state institutions undergoing training and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the provisions of this Code section.

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(d) The salary and travel expenses of a chief of police or department head of a law enforcement unit or a warden of a state institution taking the required training shall be paid by the law enforcement unit by which he is employed. (e) Any chief of police or department head of a law enforcement unit or a warden of a state institution who does not fulfill the training requirement of this Code section shall lose his power of arrest. (f) A waiver of the requirement of training provided in this Code section may be granted by the Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a chief of police or department head of a law enforcement unit or a warden of a state institution that he was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1984. MOTOR VEHICLE EQUIPMENTAPPLICATION OF CERTAIN MATERIAL TO WINDSHIELD AND FRONT WINDOWS PROHIBITEDPENALTIES, ETC. Code Section 40-8-73.1 Amended. No. 1258 (Senate Bill No. 477). AN ACT To amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment requirements for motor vehicles, so as to make it unlawful for any resident person to operate a motor vehicle in this state which has material and glazing

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applied or affixed to the front windshield which reduces light transmission through the windshield or which has material and glazing applied or affixed to the front door windows which reduces light transmission through the window to less than 32 percent; to provide definitions; to provide for exceptions; to require manufacturers of certain materials to certify certain information; to require sellers and installers of certain materials to inform the purchasers of certain facts; to provide for rules and regulations; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment requirements for motor vehicles, is amended by striking in its entirety Code Section 40-8-73.1 which reads 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;

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(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; and (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. (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.,

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and inserting in lieu thereof a new Code Section 40-8-73.1 to read as follows: 40-8-73.1. (a) As used in this Code section, the term: (1) `Light transmission' means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through a surface to the amount of light falling on the surface. (2) `Manufacturer' means a person who produces or assembles a vehicle glass-coating material or who fabricates, laminates, or tempers a safety-glazing material which material reduces light transmission. (3) `Material' means any transparent product or substance which reduces light transmission. (b) Except as provided in this Code section, from and after January 1, 1985, it shall be unlawful for any resident person to operate a motor vehicle in this state: (1) Which has material and glazing applied or affixed to the front windshield which material and glazing when so applied or affixed reduce light transmission through the windshield; or (2) Which has material and glazing applied or affixed to the front door windows which material and glazing when so applied or affixed reduce light transmission through the window to less than 32 percent. (c) The provisions of subsection (b) of this Code section shall not apply to: (1) Adjustable sun visors which are mounted forward of the side windows and are not attached to the glass; (2) Signs, stickers, or other matter which is displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other matter which is displayed in a five-inch square in the lower corner of the windshield nearest the driver;

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(3) Direction, destination, or termination signs upon a passenger common carrier motor vehicle if the signs do not interfere with the driver's clear view of approaching traffic; (4) Any transparent item which is not red or amber in color which is placed on the uppermost six inches of the windshield; or (5) Any federal, state, or local sticker or certificate which is required by law to be placed on any windshield or window. (d) Each manufacturer shall certify to the Department of Public Safety that any material he produces which is sold in Georgia shall when applied or affixed to a window not reduce light transmission to less than 32 percent. (e) Each person who sells or installs materials produced by a manufacturer shall inform, in writing, the consumer that the material may be unlawful in certain states. (f) The Department of Public Safety may, upon application from a person required for medical reasons to be shielded from the direct rays of the sun and only if such application is supported by written attestation of such fact from a person licensed to practice medicine under Chapter 34 of Title 43, issue an exemption from the provisions of this Code section for any motor vehicle owned by such person or in which such person is a habitual passenger. The exemption shall be issued with such conditions and limitations as may be prescribed by the Department of Public Safety. (g) The Department of Public Safety is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this Code section. (h) Any person who violates subsection (b) of this Code section shall be 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 April 3, 1984.

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ANIMALSIMPORTATION OF CERTAIN EXOTIC BIRDS INTO STATE PROHIBITED. Code Sections 4-10-7.1 and 4-10-7.2 Enacted. No. 1259 (House Bill No. 1048). AN ACT To amend Chapter 10 of Title 4 of the Official Code of Georgia Annotated, relating to exotic birds and pet birds, so as to direct the Commissioner of Agriculture to establish a listing of birds not native to this state which if introduced into this state would be capable of breeding in the wild and would be detrimental to the agricultural industry of this state; to prohibit bringing such birds into this state except under certain conditions; to prohibit bringing psittacine birds and other exotic birds into this state except under certain conditions; to provide for the quarantine, seizure, and destruction of birds unlawfully brought into this state and other birds exposed to such birds; to provide criminal penalties; 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 10 of Title 4 of the Official Code of Georgia Annotated, relating to exotic birds and pet birds, is amended by adding new Code Sections 4-10-7.1 and 4-10-7.2 to read as follows: 4-10-7.1. (a) The Commissioner of Agriculture shall by rule determine and establish a listing of all types of birds not native to this state which if introduced into this state would be capable of breeding in the wild and would, if established in the wild, present a threat of being detrimental to the agricultural industry of this state. (b) Except as provided in subsection (c) of this Code section, it shall be unlawful to bring into this state any bird identified in the listing of birds established pursuant to subsection (a) of this Code section. (c) The department may issue a permit to bring into this state a bird identified in the listing of birds established pursuant to subsection (a) of this Code section if the person applying for such a permit

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establishes to the satisfaction of the department that adequate precautions will be taken to ensure that neither the bird for which the permit is issued nor any offspring of such bird will be allowed to escape captivity. (d) The department may quarantine, seize, and destroy any bird brought into this state in violation of this Code section. (e) Any person convicted of violating the provisions of subsection (b) of this Code section shall be guilty of a misdemeanor. 4-10-7.2. (a) As used in this Code section, the term `psittacine birds' includes birds commonly known as parrots, Amazons, African grays, cockatoos, macaws, parrotlets, beebees, parakeets, lovebirds, lories, lorikeets, and all other birds of the order Psittaciformes. (b) It shall be unlawful to bring into this state any psittacine bird or other exotic bird designated by rule by the Commissioner of Agriculture as a potential carrier of disease coming directly or indirectly from outside the United States unless the bird was brought into the United States in conformity with the quarantine regulations of the United States Department of Agriculture. (c) The department may quarantine, seize, and destroy any bird brought into this state in violation of this Code section and any bird exposed to a bird brought into the state in violation of this Code section. (d) Any person convicted of violating the provisions of subsection (b) of 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 April 3, 1984.

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WORKERS' COMPENSATIONELECTION BY SOLE PROPRIETOR TO ACCEPT COVERAGE. Code Section 34-9-2.2 Enacted. No. 1260 (House Bill No. 894). AN ACT To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with respect to workers' compensation, so as to provide that a sole proprietor or partner of a business whose employees are eligible for workers' compensation benefits may elect to be included as an employee under the workers' compensation insurance coverage of such business; to provide certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with respect to workers' compensation, is amended by adding after Code Section 34-9-2.1 and before Code Section 34-9-3 a new Code section to be designated Code Section 34-9-2.2 to read as follows: 34-9-2.2. Any sole proprietor or partner of a business whose employees are eligible for benefits under this chapter may elect to be included as an employee under the workers' compensation insurance coverage of such business if he is actively engaged in the operation of the business and if the insurer is notified of his election to be so included. Any such sole proprietor or partner shall, upon such election, be entitled to the employee benefits and be subject to the employee responsibilities prescribed in this chapter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1984.

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STATE GOVERNMENTADMINISTRATIVE PROCEDURESACTIONS REQUIRED PRIOR TO ADOPTION OF RULES. Code Section 50-13-4 Amended. No. 1261 (House Bill No. 883). AN ACT To amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedures, so as to provide that state agencies shall reduce the economic impact of proposed rules on small business by taking certain actions prior to the formulation and adoption of rules; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedures, is amended by striking in its entirety subsection (a) of Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules or general statements of policy, the agency shall: (1) Give at least 30 days' notice of its intended action. The notice shall include an exact copy of the proposed rule. It shall also include the exact date on which the agency shall consider the adoption of the rule and shall include the time and place in order that interested persons may present their views thereon. The notice shall also contain a citation of the authority pursuant to which the rule is proposed for adoption and, if the proposal is an amendment or repeal of an existing rule, the rule shall be clearly identified. The notice shall be mailed to all persons who have requested in writing that they be placed upon a mailing list which shall be maintained by the agency for advance notice of its rule-making proceedings and who have tendered the actual cost of such mailing as from time to time estimated by the agency;

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(2) Afford to all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. In the case of substantive rules, opportunity for oral hearing must be granted if requested by 25 persons who will be directly affected by the proposed rule, by a governmental subdivision, or by an association having not less than 25 members. The agency shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so by an interested person either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption; and (3) In the formulation and adoption of any rule which will have an economic impact on businesses in the state, reduce the economic impact of the rule on small businesses which are independently owned and operated, are not dominant in their field, and employ 100 employees or less by implementing one or more of the following actions when it is legal and feasible in meeting the stated objectives of the statutes which are the basis of the proposed rule: (A) Establish differing compliance or reporting requirements or timetables for small businesses; (B) Clarify, consolidate, or simplify the compliance and reporting requirements under the rule for small businesses; (C) Establish performance rather than design standards for small businesses; or (D) Exempt small businesses from any or all requirements of the rules. Section 2 . This Act shall become effective upon its approval by 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 3, 1984.

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DRIVERS' LICENSESDEFINITION OF CONVICTION FOR PURPOSE OF MANDATORY SUSPENSION. Code Title 33, Chapter 34 Amended. No. 1262 (Senate Bill No. 392). AN ACT To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, so as to specify what shall be considered a conviction for the purposes of mandatory suspensions of drivers' licenses; 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, known as the Georgia Motor Vehicle Accident Reparations Act, is amended by striking paragraph (4) of subsection (a) of Code Section 33-34-10, relating to requirements of proof of motor vehicle insurance, which reads as follows: (4) (A) For the purposes of the mandatory suspension of licenses and license tags provided in subparagraph (A) of paragraph (2) of this subsection, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty on a violation under this subsection shall be considered a conviction regardless of whether the sentence is suspended, probated, or rebated. (B) For the purposes of the mandatory suspension of licenses and license tags provided in subparagraph (B) of paragraph (2) of this subsection, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, or a finding of guilty on a violation under this subsection shall be considered a conviction regardless of whether the sentence is suspended, probated, or revoked.,

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in its entirety. Section 2 . Said chapter is further amended by adding immediately following Code Section 33-34-10, relating to the requirement of showing and maintaining proof of insurance, a new Code Section 33-34-10.1 to read as follows: 33-34-10.1. (a) For the purposes of mandatory suspension of a driver's license or license tag for a first violation of subsection (a) or (c) of Code Section 33-34-10, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked. A plea of nolo contendere shall not be considered a conviction under this subsection, but a record of the disposition of the case shall be forwarded by the court to the Department of Public Safety for the purposes of counting the plea of nolo contendere as a conviction under subsection (b) of this Code section. (b) For the purposes of mandatory suspension of a driver's license or license tag for a second or subsequent violation of subsection (a) or (c) of Code Section 33-34-10, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, a plea of nolo contendere to a previous violation of subsection (a) or (c) of Code Section 33-34-10, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1984.

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BOXING MATCH LICENSESSTATE BOXING COMMISSIONLAW AMENDED. Code Title 31, Chapter 31 Amended. No. 1263 (House Bill No. 1293). AN ACT To amend Chapter 31 of Title 31 of the Official Code of Georgia, relating to boxing match licenses, so as to provide an additional definition; to change the provisions relating to the membership of the State Boxing Commission; to provide additional powers of the commission; to change the provisions relating to licenses and fees; to change the provisions relating to revocation or suspension of licenses; to provide for examination of boxers, restrictions on buildings, and certain age limitations; to change the provisions relating to penalties; to provide for the assignment of the commission for administrative purposes to the Department of Natural Resources rather than the Department of Human Resources; 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 31 of Title 31 of the Official Code of Georgia, relating to boxing match licenses, is amended by adding at the end of Code Section 31-31-1, relating to definitions, a new paragraph (4) to read as follows: (4) `Professional boxing match' means an event in the State of Georgia in which boxers compete for a monetary prize. Section 2 . Said chapter is further amended by striking subsection (b) of Code Section 31-31-2, relating to the membership of the commission, and substituting in lieu thereof a new subsection (b) to read as follows: (b) The commission shall be composed of five members appointed by the Governor. All original appointments shall be for initial terms of two years and subsequent appointments shall be for

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terms of four years. Vacancies shall be filled for the unexpired term under the same procedures and requirements as appointments for full terms. Section 3 . Said chapter is further amended by adding at the end of Code Section 31-31-2, relating to the boxing commission, new subsections (e), (f), (g), (h), and (i) to read as follows: (e) The commission has the authority to license participants in any professional boxing match held in the State of Georgia. No referee, judge, timekeeper, announcer, boxer or boxer's trainer, manager, or second may participate in a professional boxing match in this state without a current, unrevoked license issued by the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant for a license shall, before a license is issued by the commission, pay to the commission an annual license fee in an amount to be determined by the commission. (f) The commission has the authority to direct, manage, control, and supervise all professional boxing matches. It may promulgate and enforce rules and regulations for the holding of professional boxing matches and for the effective administration of this chapter. (g) The commission may appoint inspectors as duly authorized representatives of the commission who shall be present at all professional boxing matches and see that the rules are strictly observed. An inspector or other duly authorized representative of the commission must be present at the weigh in and at the ring during the conduct of the match. Inspectors and other duly authorized representatives of the commission shall have free access to the dressing room of the boxers. (h) The commission may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers licensed under this chapter. (i) The commission or any agent duly designated by the commission may make investigations. The commission may hold hearings, issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records, and administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursuant thereto.

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Section 4 . Said chapter is further amended by striking Code Section 31-31-3, relating to licenses and fees, in its entirety and substituting in lieu thereof a new Code Section 31-31-3 to read as follows: 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 promoter's 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 in the amount of $150.00, which shall be a nonrefundable fee. The application shall also be accompanied by an additional fee in the form of a certified check in an amount to be determined by the commission. The chairman of the commission, upon receiving the application and checks along with proof that all required licenses have been issued, 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 an amount and on such conditions 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. Section 5 . Said chapter is further amended by striking subsection (b) of Code Section 31-31-4, relating to issuance of license, in its entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows: (b) The commission may, by majority vote, after prior notice to the holder of any state license and after affording such a holder an opportunity to be heard, revoke, suspend, or take other disciplinary action against the state license. (c) The commission may refund any portion of the fee for the state promoter's license in excess of $150.00 in the event the professional boxing match is not held. Section 6 . Said chapter is further amended by adding between Code Sections 31-31-4 and 31-31-5 new Code Sections 31-31-4.1, 31-31-4.2, and 31-31-4.3 to read as follows:

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31-31-4.1. All professional boxers must be examined by a physician designated by the commission before entering the ring and each such physician shall immediately file with the commission a written report of such examination. The commission may at any time require a licensed boxer to undergo a physical examination, including any neurological or neuropsychological test or procedure. A physician approved by the commission must be in attendance at every professional boxing match and observe the physical condition of the boxers and advise the referee with regard thereto. 31-31-4.2. All buildings or structures used or intended to be used for holding or giving professional boxing matches shall be safe and shall in all manner conform to the laws, ordinances, and regulations pertaining to buildings in the city or unincorporated county area where the building or structure is situated. 31-31-4.3. No person under the age of 16 shall be admitted to a professional boxing match unless such person is accompanied by the person's parent or guardian. No person under the age of 18 years shall participate as a contestant in any professional boxing match. Section 7 . Said chapter is further amended by striking Code Section 31-31-5, relating to penalties, in its entirety and substituting in lieu thereof a new Code Section 31-31-5 to read as follows: 31-31-5. (a) It shall be unlawful for any person, firm, or corporation to promote, hold, or participate in any professional boxing match without having first obtained a state license from the commission or to continue to promote, hold, or participate in such match in this state without valid and current state and 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. (d) Whenever it shall appear to the commission that a professional boxing match will be held in violation of this chapter, the commission shall immediately submit a complete report of all information available to it to the Attorney General. An action may be brought by this state to enjoin such professional boxing match. In any

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such action, an order or judgment may be entered awarding such preliminary or final injunctions as may be deemed proper. Section 8 . Said chapter is further amended by striking Code Section 31-31-6, relating to assignment of the commission for administrative purposes, and substituting in lieu thereof a new Code Section 31-31-6 to read as follows: 31-31-6. The commission shall be assigned to the Department of Natural Resources for administrative purposes only, as provided in Code Section 50-4-3, relating to assignments for administrative purposes. Section 9 . Funds appropriated for the State Boxing Commission shall be transferred to the Department of Natural Resources as provided in Code Section 45-12-90. Section 10 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1984. LABOR AND INDUSTRIAL RELATIONSBOILER AND PRESSURE VESSEL SAFETY ACT ENACTED. Code Title 34, Chapter 11 Enacted. Code Sections 8-2-70 through 8-2-75 Repealed. No. 1264 (House Bill No. 864). AN ACT To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the safe

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construction, installation, inspection, maintenance, and repair of boilers and pressure vessels; to provide a short title; to define certain terms; to create the Board of Boiler and Pressure Vessel Rules and to provide for its powers, duties, and expense allowances; to provide for rules and regulations; to provide certain exemptions; to provide for a chief inspector and his duties; to provide for deputy inspectors; to provide for special inspectors and owner or user inspectors; to require inspectors to pass a certain examination; to provide for certificates of competency and the revocation of such certificates; to provide for the inspection of boilers and pressure vessels; to provide for inspection reports and inspection certificates; to provide for inspection fees; to provide penalties for noncompliance with this Act; to provide for bonds; to provide for exclusive jurisdiction; to repeal Part 4 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to boilers, pressure vessels, and water heaters; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding at the end thereof a new chapter, to be designated Chapter 11, to read as follows: CHAPTER 11 34-11-1. This chapter shall be known and may be cited as the `Boiler and Pressure Vessel Safety Act' and, except as otherwise provided in this chapter, shall apply to all boilers and pressure vessels. 34-11-2. As used in this chapter, the term: (1) `Boiler' means a closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electricity, solar, or nuclear energy. The term `boiler' shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and

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are complete within themselves. The term `boiler' is further defined as follows: (A) `Heating boiler' means a steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit. (B) `High pressure, high temperature water boiler' means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit. (C) `Power boiler' means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. (2) `Certificate of inspection' means an inspection, the report of which is used by the chief inspector to determine whether or not a certificate as provided by subsection (c) of Code Section 34-11-15 may be issued. (3) `Commissioner' means the Commissioner of Labor. (4) `Pressure vessel' means a vessel other than those vessels defined in paragraph (1) of this Code section in which the pressure is obtained from an external source or by the application of heat. 34-11-3. (a) There is created within the Department of Labor a Board of Boiler and Pressure Vessel Rules which shall be referred to in this chapter as the board. The board shall consist of nine members, the majority of whom shall have experience in design, construction, inspection, repair, or operation of boilers or pressure vessels. Eight of these members shall be appointed by the Governor, two for a term of one year, two for a term of two years, two for a term of three years, and two for a term of four years. At the expiration of their respective terms of office, they, or their successors identifiable with the same interest respectively as provided in this chapter, shall be appointed for terms of four years each. The Governor may at any time remove any member of the board for inefficiency or neglect of duty in office. Upon the death or incapacity of any member, the Governor shall fill the vacancy for the remainder of the unexpired term with a representative of the same interests with which his predecessor was identified. Of these eight appointed members, the majority of whom shall be registered professional engineers when available, one shall be a

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representative of owners and users of power boilers having experience with such boilers; one shall be a representative of owners and users of heating boilers; one shall be a representative of owners and users of pressure vessels having experience with such vessels; one shall be a representative of boiler or pressure vessel manufacturers; one shall be a representative of the crafts involved in the construction, repair, or operation of boilers or pressure vessels; one shall be a representative of the heating contractors; one shall be a representative of a company licensed to insure and insuring in this state boilers and pressure vessels; and one shall represent the public, such as a mechanical engineer on the faculty of a recognized engineering college within the state or a licensed professional engineer. The ninth member of the board shall be the Commissioner of Labor or his designee. The board shall elect one of its members to serve as chairman for a term of one year. The board shall meet at least two times each year at the call of the chairman at the capitol or other place designated by the chairman. No approval, decision, or ruling of the board shall be effective unless supported by the vote of at least five members thereof. (b) The members of the board, except the Commissioner of Labor, shall serve without salary but shall receive the same expense allowance as members of other boards pursuant to subsection (f) of Code Section 43-1-2. 34-11-4. (a) (1) The board shall formulate definitions, rules, and regulations for the safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels in this state. (2) The definitions, rules, and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nation-wide engineering standards, formulas, and practices established and pertaining to boiler and pressure vessel construction and safety; and the board may by resolution adopt an existing published codification thereof, known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, with the amendments and interpretations thereto made and approved by the council of the society, and may likewise adopt the amendments and interpretations subsequently made and published by the same authority. When so adopted, the same shall be deemed to be incorporated into and shall constitute a part of the whole of the definitions, rules, and regulations of the board. Amendments and interpretations to the code so adopted

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shall be effective immediately upon being promulgated, to the end that the definitions, rules, and regulations shall at all times follow the generally accepted nation-wide engineering standards. (3) The board shall formulate the rules and regulations for the inspection, maintenance, and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations become effective or during the 12 month period immediately thereafter. The rules and regulations so formulated shall be based upon and at all times follow generally accepted nation-wide engineering standards and practices and may adopt sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors or API 510 of the American Petroleum Institute, as applicable. (b) The rules and regulations and any subsequent amendments thereto formulated by the board shall, immediately following a hearing upon not less than 20 days' notice as provided in this chapter, be approved and published and when so promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until 12 months after their promulgation by the board. Notice of the hearing shall give the time and place of the hearing and shall state the matters to be considered at the hearing. Such notice shall be given to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice may be perfected by publication in a newspaper of general circulation in this state at least 20 days prior to such hearing. (c) Subsequent amendments to the rules and regulations adopted by the board shall be permissive immediately and shall become mandatory 12 months after their promulgation. 34-11-5. No boiler or pressure vessel which does not conform to the rules and regulations of the board governing new construction and installation shall be installed and operated in this state after 12 months from the date upon which the first rules and regulations under this chapter pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installation and operating permit may at its discretion be granted by the board.

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34-11-6. (a) The maximum allowable working pressure of a boiler carrying the ASME Code symbol or of a pressure vessel carrying the ASME or API-ASME symbol shall be determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the enforcement authority at the point of installation, such a boiler or pressure vessel may be rerated in accordance with the rules of a later edition of the ASME Code and in accordance with the rules of the National Board Inspection Code or API510, as applicable. (b) The maximum allowable working pressure of a boiler or pressure vessel which does not carry the ASME or the API-ASME Code symbol shall be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors. (c) This chapter shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler or pressure vessel referred to in this Code section, provided it has been made to conform to the rules and regulations of the board governing existing installations and provided, further, that it has not been found upon inspection to be in an unsafe condition. 34-11-7. (a) This chapter shall not apply to the following boilers and pressure vessels: (1) Boilers and pressure vessels under federal control or under regulations of Title 49 of the Code of Federal Regulations, Parts 192 and 193; (2) Pressure vessels used for transportation and storage of compressed or liquified gases when constructed in compliance with specifications of the United States Department of Transportation and when charged with gas or liquid, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation; (3) Pressure vessels located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight; (4) Air tanks installed on the right of way of railroads and used directly in the operation of trains;

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(5) Pressure vessels that do not exceed: (A) Five cubic feet in volume and 250 psig pressure; or (B) One and one-half cubic feet in volume and 600 psig pressure; or (C) An inside diameter of six inches with no limitation on pressure; (6) Pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size; (7) Pressure vessels with a nominal water-containing capacity of 120 gallons or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion; (8) Pressure vessels containing water heated by steam or any other indirect means when none of the following limitations are exceeded: (A) A heat input of 200,000 BTU per hour; (B) A water temperature of 210 degrees Fahrenheit; and (C) A nominal water containing capacity of 120 gallons; (9) Hot water supply boilers which are directly fired with oil, gas, or electricity when none of the following limitations are exceeded: (A) Heat input of 200,000 BTU per hour; (B) Water temperature of 210 degrees Fahrenheit; and (C) Nominal water capacity of 120 gallons. These exempt hot water supply boilers shall be equipped with ASME-National Board approved safety relief valves;

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(10) Pressure vessels in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of noncode construction or which involve destruction or reduced life expectancy of those vessels; (11) Pressure vessels or other structures or components that are not considered to be within the scope of ASME Code, Section VIII; and (12) Boilers and pressure vessels operated and maintained for the production and generation of electricity or steam used in a manufacturing process. (b) The following boilers and pressure vessels shall be exempt from the requirements of subsections (b), (c), and (d) of Code Section 34-11-14 and Code Sections 34-11-15, 34-11-16, and 34-11-17: (1) Boilers or pressure vessels located on farms and used solely for agricultural or horticultural purposes; (2) Heating boilers or pressure vessels which are located in private residences or in apartment houses of less than six family units; (3) Any pressure vessel used as an external part of an electrical circuit breaker or transformer; (4) Pressure vessels on remote oil or gas producing lease locations that have fewer than ten buildings intended for human occupancy per 0.25 square mile and where the closest building is at least 220 yards from any vessel; and (5) Pressure vessels operated entirely full of water or other liquid which is not materially more hazardous than water, provided the temperature of the vessel contents does not exceed 150 degrees Fahrenheit and the pressure does not exceed 200 psig. 34-11-8. (a) Within 60 days after the effective date of this chapter and at any time thereafter that the office of the chief inspector may become vacant, the Commissioner shall appoint to be chief inspector a citizen of this state or, if not available, a citizen of another state, who shall have had at the time of such appointment not less than five years' experience in the construction, installation,

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inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the same kind of examination as that prescribed under Code Section 34-11-11. Such chief inspector may be removed for cause after due investigation by the board and its recommendation to the Commissioner. (b) The chief inspector, if authorized by the Commissioner, is charged, directed, and empowered: (1) To take action necessary for the enforcement of the laws of the state governing the use of boilers and pressure vessels to which this chapter applies and of the rules and regulations of the board; (2) To keep a complete record of the name of each owner or user and his location and, except for pressure vessels covered by an owner or user inspection service, the type, dimensions, maximum allowable working pressure, age, and the last recorded inspection of all boilers and pressure vessels to which the chapter applies; (3) To publish and make available to anyone requesting them copies of the rules and regulations promulgated by the board; (4) To issue or to suspend or revoke for cause inspection certificates as provided for in Code Section 34-11-15; and (5) To cause the prosecution of all violators of the provisions of this chapter. 34-11-9. The Commissioner shall employ deputy inspectors who shall be responsible to the chief inspector and who shall have had at the time of appointment not less than three years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the examination provided for in Code Section 34-11-11. 34-11-10. (a) In addition to the deputy inspectors authorized by Code Section 34-11-9, the Commissioner shall, upon the request of

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any company licensed to insure and insuring in this state boilers and pressure vessels or upon the request of any company operating pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more technically competent individuals whose qualifications are satisfactory to the board and causes said pressure vessels to be regularly inspected and rated by such inspection service in accordance with applicable provisions of the rules and regulations adopted by the board pursuant to Code Section 34-11-4, issue to any inspectors of said insurance company certificates of competency as special inspectors and to any inspectors of said company operating pressure vessels certificates of competency as owner or user inspectors, provided that each such inspector before receiving his certificate of competency shall satisfactorily pass the examination provided for by Code Section 34-11-11 or, in lieu of such examination, shall hold a commission or a certificate of competency as an inspector of boilers or pressure vessels for a state that has a standard of examination substantially equal to that of this state or a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors. A certificate of competency as an owner or user inspector shall be issued to an inspector of a company operating pressure vessels in this state only if, in addition to meeting the requirements stated in this Code section, the inspector is employed fulltime by the company and is responsible for making inspections of pressure vessels used or to be used by such company and which are not for resale. (b) Such special inspectors or owner or user inspectors shall receive no salary from nor shall any of their expenses be paid by the state, and the continuance of their certificates of competency shall be conditioned upon their continuing in the employ of the boiler insurance company duly authorized as aforesaid or in the employ of the company so operating pressure vessels in this state and upon their maintenance of the standards imposed by this chapter. (c) Such special inspectors or owner or user inspectors may inspect all boilers and pressure vessels insured or all pressure vessels operated by their respective companies; and, when so inspected, the owners and users of such boilers and pressure vessels shall be exempt from the payment to the state of the inspection fees provided for in Code Section 34-11-17.

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34-11-11. The examination for chief, deputy, special, or owner or user inspectors shall be in writing and shall be held by the board or by an examining board appointed in accordance with the requirements of the National Board of Boiler and Pressure Vessel Inspectors, with at least two members present at all times during the examination. Such examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and may be those prepared by the National Board of Boiler and Pressure Vessel Inspectors. In case an applicant fails to pass the examination, he may appeal to the board for another examination which shall be given by the board after 90 days. The record of an applicant's examination shall be accessible to said applicant and his employer. 34-11-12. (a) An inspector's certificate of competency may be suspended by the Commissioner after due investigation and recommendation by the board for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his application or in a report of any inspection made by him. Written notice of any such suspension shall be given by the Commissioner within not more than ten days thereof to the inspector and his employer. A person whose certificate of competency has been suspended shall be entitled to an appeal to the board as provided in Code Section 34-11-19 and to be present in person and to be represented by counsel at the hearing of the appeal. (b) If the board has reason to believe that an inspector is no longer qualified to hold his certificate of competency, the board shall, upon not less than ten days' written notice to the inspector and his employer, hold a hearing at which such inspector and his employer shall have an opportunity to be heard. If, as a result of such hearing, the board shall find that such inspector is no longer qualified to hold his certificate of competency, the board shall recommend to the Commissioner that such certificate of competency be revoked and the Commissioner shall thereupon revoke such certificate of competency forthwith. (c) A person whose certificate of competency has been suspended shall be entitled to apply, after 90 days from the date of such suspension, for reinstatement of such certificate of competency. 34-11-13. If a certificate of competency is lost or destroyed, a new certificate of competency shall be issued in its place without another examination.

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34-11-14. (a) The Commissioner, the chief inspector, or any deputy inspector shall have free access, during reasonable hours, to any premises in the state where a boiler or pressure vessel is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether such boiler or pressure vessel is being constructed and installed in accordance with the provisions of this chapter. (b) (1) On and after January 1, 1985, each boiler and pressure vessel used or proposed to be used within this state, except for pressure vessels covered by an owner or user inspection service as described in subsection (d) of this Code section or except for boilers or pressure vessles exempt under Code Section 34-11-7 (owners and users may request to waive this exemption), shall be thoroughly inspected as to their construction, installation, and condition as follows: (A) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually which shall be an internal inspection where construction permits; otherwise it shall be as complete an inspection as possible. Such boilers shall also be externally inspected while under pressure, if possible; (B) Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially with an internal inspection every four years where construction permits; (C) Hot water heating and hot water supply boilers shall receive a certificate inspection biennially with an internal inspection at the discretion of the inspector; (D) Pressure vessels subject to internal corrosion shall receive a certificate inspection triennially with an internal inspection at the discretion of the inspector. Pressure vessels not subject to internal corrosion shall receive a certificate inspection at intervals set by the board; and (E) Nuclear vessels within the scope of this chapter shall be inspected and reported in such form and with such appropriate information as the board shall designate.

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(2) A grace period of two months beyond the periods specified in subparagraphs (A) through (D) of this paragraph may elapse between certificate inspections. (3) The board may provide for longer periods between certificate inspection in its rules and regulations. (4) Under the provisions of this chapter, the board is responsible for providing for the safety of life, limb, and property and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules and regulations which they have promulgated. The person conducting the inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the ASME Code. Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions, such as: (A) Previous experience, based on records of inspection, performance, and maintenance; (B) Location, with respect to personnel hazard; (C) Quality of inspection and operating personnel; (D) Provision for related safe operation controls; and (E) Interrelation with other operations outside the scope of this chapter. Based upon documentation of such actual service conditions by the owner or user of the operating equipment, the board may, in its discretion, permit variations in the inspection requirements. (c) The inspections required in this chapter shall be made by the chief inspector, by a deputy inspector, by a special inspector, or by an owner or user inspector provided for in this chapter. (d) Owner or user inspection of pressure vessels is permitted provided the owner or user inspection service is regularly established and is under the supervision of one or more individuals whose qualifications are satisfactory to the board and said owner or user

Page 1240

causes the pressure vessels to be inspected in conformance with the National Board Inspection Code or API 510, as applicable. (e) If, at the discretion of the inspector, a hydrostatic test shall be deemed necessary, it shall be made by the owner or user of the boiler or pressure vessel. (f) All boilers, other than cast iron sectional boilers, and pressure vessels to be installed in this state after the 12 month period from the date upon which the rules and regulations of the board shall become effective shall be inspected during construction as required by the applicable rules and regulations of the board by an inspector authorized to inspect boilers and pressure vessels in this state or, if constructed outside of the state, by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors. 34-11-15. (a) Each company employing special inspectors shall, within 30 days following each certificate inspection made by such inspectors, file a report of such inspection with the chief inspector upon appropriate forms as promulgated by the Commissioner. The filing of reports of external inspections, other than certificate inspections, shall not be required except when such inspections disclose that the boiler or pressure vessel is in a dangerous condition. (b) Each company operating pressure vessels covered by owner or user inspection service meeting the requirements of subsection (a) of Code Section 34-11-10 shall maintain in its files an inspection record which shall list, by number and such abbreviated description as may be necessary for identification, each pressure vessel covered by this chapter, the date of the last inspection of each pressure vessel, and the approximate date for the next inspection. The inspection record shall be available for examination by the chief inspector or his authorized representative during business hours. Each such company shall, in addition, file annually with the chief inspector a statement, signed by the individual having supervision over the inspections made during the period covered thereby, stating the number of pressure vessels covered by this chapter which were inspected during the year and certifying that each such inspection was conducted pursuant to the inspection requirements provided for by this chapter. Such annual statement shall be accompanied by a filing fee in accordance with the following schedule:

Page 1241

(1) For statements covering not more than 25 vessels.....$ 10.00 per vessel (2) For statements covering more than 25 but less than 101 vessels..... 8.00 (3) For statements covering more than 100 but less than 501 vessels..... 5.00 (4) For statements covering more than 500 vessels..... 3.00 (c) If the report filed pursuant to subsection (a) of this Code section shows that a boiler or pressure vessel is found to comply with the rules and regulations of the board, the owner or user thereof shall pay directed to the chief inspector the sum of $15.00; and the chief inspector, or his duly authorized representative, shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Such inspection certificate shall be valid for not more than 14 months from its date in the case of power boilers, 26 months in the case of heating and hot water supply boilers, and 38 months in the case of pressure vessels. In the case of those boilers and pressure vessels covered by subparagraphs (b)(1)(A) through (D) of Code Section 34-11-14, for which the board has established or extended the operating period between required inspections pursuant to the provisions of paragraphs (3) and (4) of subsection (b) of Code Section 34-11-14, the certificate shall be valid for a period of not more than two months beyond the period set by the board. Certificates for boilers shall be posted under glass, or similarly protected, in the room containing the boiler. Pressure vessel certificates shall be posted in like manner, if convenient, or filed where they will be readily accessible for examination. (d) No inspection certificate issued for an insured boiler or pressure vessel based upon a report of a special inspector shall be valid after the boiler or pressure vessel for which it was issued shall cease to be insured by a company duly authorized by this state to provide such insurance.

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(e) The Commissioner or his authorized representative may at any time suspend an inspection certificate after showing cause that the boiler or pressure vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or pressure vessel is found not to comply with the rules and regulations adopted pursuant to this chapter. Each suspension of an inspection certificate shall continue in effect until such boiler or pressure vessel shall have been made to conform to the rules and regulations of the board and until said inspection certificate shall have been reinstated. 34-11-16. After 12 months for power boilers, 24 months for low pressure steam heating, hot water heating, and hot water supply boilers, and 36 months for pressure vessels following the date on which this chapter becomes effective, it shall be unlawful for any person, firm, partnership, or corporation to operate in this state a boiler or pressure vessel, except a pressure vessel covered by owner or user inspection service as provided for in Code Section 34-11-15, without a valid inspection certificate. The operation of a boiler or pressure vessel without such inspection certificate or at a pressure exceeding that specified in such inspection certificate or in violation of this chapter shall constitute a misdemeanor. 34-11-17. (a) The owner or user of a boiler or pressure vessel required by this chapter to be inspected by the chief inspector or his deputy inspector shall pay directly to the chief inspector, upon completion of inspection, fees as prescribed in rules and regulations promulgated by the Commissioner. (b) The chief inspector shall transfer all fees so received to the general fund of the state treasury. 34-11-18. The chief inspector shall furnish a bond in the sum of $5,000.00 and each of the deputy inspectors employed and paid by the state shall furnish a bond in the sum of $2,000.00 conditioned upon the faithful performance of their duties and upon a true account of moneys handled by them, respectively, and the payment thereof to the proper recipient. 34-11-19. (a) Any person aggrieved by an order or an act of the Commissioner or the chief inspector under this chapter may, within 15 days of notice thereof, appeal from such order or act to the board which shall, within 30 days thereafter, issue an appropriate order either approving or disapproving said order or act. A copy of such order by the board shall be given to all interested parties. (b) Within 30 days after any order or act of the board, any person aggrieved thereby may file a petition in the Superior Court of Fulton County for a review thereof. The court shall summarily hear the petition and may make any appropriate order or decree. 34-11-20. No county, municipality, or other political subdivision shall have the power to make any laws, ordinances, or resolutions providing for the construction, installation, inspection, maintenance, and repair of boilers and pressure vessels within the limits of such county, municipality, or other political subdivision; and any such laws, ordinances, or resolutions heretofore made or passed shall be void and of no effect. Section 2 . Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction and alteration of buildings generally, is amended by striking and repealing in its entirety Part 4, relating to boilers, pressure vessels, and water heaters, and inserting in lieu thereof the following: Part 4 Reserved. 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 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1984.

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BUILDINGS AND HOUSINGSAFETY REQUIREMENTS FOR ELEVATORS, ESCALATORS, ETC. Code Title 8, Chapter 2 Amended. No. 1265 (House Bill No. 817). AN ACT To amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and other structures generally, so as to provide for specific safety requirements covering the installation, alteration, maintenance, and operation of elevators, dumbwaiters, escalators, manlifts, moving walks, and facilities and equipment associated therewith; to prohibit the operation of unsafe elevators, dumbwaiters, escalators, manlifts, and moving walks; to provide for definitions; to provide for administration and enforcement; to incorporate by reference certain rules and regulations; to provide for additional rules and regulations; to provide for compliance alternatives; to provide for the employment of personnel; to provide for the certification of certain inspectors; to provide for the registration of certain facilities and equipment; to provide for the inspection of certain facilities and equipment; to provide for operating permits; to provide for fees; to provide for the maintenance of facilities and equipment; to provide for jurisdiction; to provide for local enforcement under certain circumstances; to provide for injunctions; to provide for civil penalties; to provide for an advisory committee, its powers, duties, and compensation; to provide exceptions; 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 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and other structures generally, is amended by adding at the end thereof a new Part 6 to read as follows: Part 6 8-2-100. As used in this part, the term:

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(1) `Alteration' means any change or addition to the equipment other than ordinary repairs or replacements. (2) `Commissioner' means the Commissioner of Labor. (3) `Department' means the Department of Labor. (4) `Dumbwaiter' means a hoisting and lowering mechanism which is equipped with a car which moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet, the total inside height of which, whether or not provided with fixed or removable shelves, does not exceed four feet, the capacity of which does not exceed 500 pounds, and the use of which is exclusively for carrying materials. Such term includes a power dumbwaiter and a hand dumbwaiter. (5) (A) `Elevator' means a hoisting and lowering mechanism designed to carry passengers or authorized personnel and equipped with a car which moves in fixed guides and serves two or more fixed landings. (B) Except as specifically provided in subsection (a) of Code Section 8-2-102, `elevator' also means a freight elevator, gravity elevator, hand elevator, inclined elevator, multideck elevator, observation elevator, passenger elevator, power elevator, electric elevator, hydraulic elevator, direct-plunger hydraulic elevator, electrohydraulic elevator, maintained pressure hydraulic elevator, roped-hydraulic elevator, private residence elevator, and sidewalk elevator. (6) `Enforcement authority' means the Commissioner, officers, and inspectors of the department authorized to enforce the provisions of this part and local inspectors authorized to enforce the provisions of this part. (7) `Escalator' means a power driven, inclined, continuous stairway used for raising or lowering passengers. (8) `Hand dumbwaiter' means a dumbwaiter driven by manual power, serving more than two consecutive stories, whose capacity exceeds 20 pounds and whose car platform area exceeds two square feet.

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(9) `Hand elevator' means an elevator utilizing manual power to move the car. (10) `Hoistway' means a shaftway or an opening through a building or structure for the travel of elevators, dumbwaiters, or material lifts, extending from the pit floor to the roof or floor above. (11) `Manlift' means a device consisting of a power driven endless belt moving in one direction only which is provided with steps or platforms and handholds attached to it for the transportation of personnel from floor to floor. (12) `Moving walk' means a type of passenger-carrying device on which passengers stand or walk and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted. (13) `Power dumbwaiter' means a dumbwaiter driven by the application of energy other than hand or gravity. (14) `Power freight elevator' means an elevator used primarily for carrying freight, utilizing energy other than gravity or hand to move the car and on which only the operator and the persons necessary for unloading and loading the freight are permitted to ride. (15) `Power passenger elevator' means an elevator used primarily to carry persons other than the operator and persons necessary for loading and unloading and utilizing energy other than gravity or hand to move the car. 8-2-101. (a) Prior to January 1, 1985, the owner or lessee of every existing elevator, escalator, manlift, moving walk, and dumbwaiter shall register with the department or local enforcement authority each such elevator, escalator, manlift, moving walk, or dumbwaiter owned or operated by him, giving type, rated load and speed, name of manufacturer, its location and the purpose for which it is used, and such other information as the department or local enforcement authority may require. Such registration shall be made on a form to be furnished by the department or local enforcement authority on request. All elevators, escalators, manlifts, moving walks, and dumbwaiters erected or placed in service after January 1,

Page 1247

1985, shall be inspected before being placed in service and shall be registered within 15 days after they are completed and placed in service. (b) Every elevator, dumbwaiter, manlift, moving walk, and escalator shall be maintained by the owner or lessee in a safe operating condition and in conformity with the rules and regulations specified by subsection (b) of Code Section 8-2-104. (c) Before any alteration can be made to any elevator, escalator, manlift, moving walk, or dumbwaiter already placed in service, the owner or lessee shall be required to notify the enforcement authority of any such alteration. The enforcement authority shall be authorized to conduct an inspection after any such alteration. 8-2-102. (a) (1) Power passenger elevators, escalators, manlifts, and moving walks shall be inspected once during each sixmonth period. (2) Power freight elevators, hand elevators, and power and hand dumbwaiters shall be inspected once during each 12 month period. (b) Inspections shall be made in accordance with the standards set forth in Part `X' of ANSI A17.1-1981, the American National Standard Practice for Inspection of Elevators, Escalators and Moving Walks Inspector's Manual ANSI A17.2-1982 and the Safety Standards for Manlifts ANSI A90.1-1976 or the latest revised rules and regulations adopted by the Commissioner. (c) A report of any inspection required by this Code section shall be filed with the department if the inspection is made by a state enforcement authority or with the local governing authority if the inspection is made by a local enforcement authority. Such reports shall be made within ten days after the inspection has been completed, on forms prescribed by the Commissioner or the local enforcement authority, and shall indicate whether the elevator, escalator, manlift, moving walk, or dumbwaiter is safe and whether it meets the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104. After any such report is filed, the enforcement authority may require additional inspections to assure that any such elevator, escalator, manlift, moving walk, or dumbwaiter meets such rules and regulations.

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(d) If any inspection report indicates that an elevator, escalator, manlift, moving walk, or dumbwaiter is in an unsafe condition which if continually operated may endanger lives or property, then the enforcement authority may, at its discretion, require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules and regulations specified in subsection (b) of Code Section 8-2-104. 8-2-103. (a) An operating report shall be issued by the enforcement authority if the inspection report indicates that the elevator, escalator, manlift, moving walk, or dumbwaiter complies with the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104 and upon payment of a permit fee. Such permits shall be valid for a period of 12 months. (b) No elevator, escalator, manlift, moving walk, or dumbwaiter shall be operated by the owner or lessee thereof unless a valid operating permit, or a limited operating permit when permitted by the rules and regulations of the Commissioner, has been issued. (c) The operating permit shall indicate whether it is issued for an elevator, escalator, manlift, moving walk, or dumbwaiter, state the rated load and speed and, in the case of an elevator, state whether the usage is for passengers or freight. The operating permit shall be posted conspicuously in the car of an elevator and on or near an escalator, manlift, moving walk, or dumbwaiter. (d) If the enforcement authority has reason to believe that any owner or lessee to whom an operating permit has been issued is not complying with the applicable rules and regulations specified in subsection (b) of Code Section 8-2-104, it shall so notify such owner or lessee and shall give notice of a date for a hearing thereon to such owner or lessee. If, after such hearing, it shall find that such owner or lessee is not complying with such rules and regulations, it shall revoke such permit and require the owner or lessee to discontinue the use of such elevator, escalator, manlift, moving walk, or power dumbwaiter. 8-2-104. (a) The Commissioner shall be authorized to employ elevator inspectors to carry out the provisions of this part. The Commissioner shall also be authorized to certify other qualified persons to carry out the provisions of this part, including technically competent individuals of any company licensed to insure and insuring elevators in this state and technically competent individuals of a

Page 1249

regularly established elevator inspection service. The Commissioner shall prescribe the qualifications, authority, functions, and duties of such inspectors. All elevator inspectors employed by the Commissioner shall be in the classified service as defined in paragraph (2) of Code Section 45-20-2. (b) (1) The Commissioner shall by rules and regulations prescribe various inspection fees and operating permit fees necessary to enable the state and local enforcement authorities to carry out the provisions of this part. (2) The owners and users of elevators, dumbwaiters, escalators, and moving walks which are inspected by certified inspectors in private business or with private corporations shall be exempt from the payment to the state or local enforcement authorities of the inspection fees provided in paragraph (1) of this subsection. (c) The American National Standard Safety Code for elevators, dumbwaiters, escalators, and moving walks ANSI A17.1-1982 and the Safety Standards for Manlifts ANSI A90.1a-1976 are adopted as rules and regulations of the Department of Labor for the purposes of this part until otherwise amended by rules and regulations of the Commissioner. (d) In addition to the rules and regulations adopted pursuant to subsections (b) and (c) of this Code section, the Commissioner shall be authorized to adopt such rules and regulations as may be reasonably necessary to carry out the provisions of this part. (e) The Commissioner shall also have the power in any particular case to grant exceptions and variations from the literal requirements of the rules and regulations adopted pursuant to subsection (c) of this Code section. Such exceptions and variations shall be granted only in any particular case where it is clearly evident that they are necessary to prevent undue hardship or where the existing conditions prevent compliance with the literal requirements of the rules and regulations. In no case shall any exception or variation be granted unless, in the opinion of the Commissioner, reasonable safety will be secured thereby. 8-2-105. (a) The governing body of any municipality or county which adopts at least the minimum rules and regulations relative to inspections and safety standards for elevators, escalators, manlifts,

Page 1250

moving walks, and dumbwaiters as provided in subsection (b) of Code Section 8-2-102 and subsection (c) of Code Section 8-2-104 shall have the power: (1) To adopt by ordinance or resolution any reasonable provisions for the enforcement of such local standards adopted applicable to elevators, escalators, manlifts, moving walks, and dumbwaiters, including procedural requirements, provisions for hearings, provisions for appeals from decisions of local inspectors, and any other provisions or procedures necessary to the proper administration and enforcement of the requirements of such local standards; (2) To provide for inspection of buildings or similar structures to ensure compliance with the local standards; (3) To employ inspectors, including chief and deputy inspectors, and any other personnel necessary for the proper enforcement of such standards, provided that such inspectors meet the minimum qualifications of state inspectors and are certified by the Commissioner pursuant to subsection (a) of Code Section 8-2-104; (4) To contract with other municipalities or counties adopting at least state minimum standards, or with the state, to administer such standards and to provide inspection and enforcement personnel and services necessary to ensure compliance with the standards; and (5) To contract with any other county or municipality whereby the parties agree that the inspectors of each contracting party may have jurisdiction to enforce the local standards within the boundaries of the other contracting party. (b) When a local enforcement authority conducts an inspection or issues an operating permit as provided in this part, any inspection fee or operating permit fee due shall be paid to the municipality or county employing the enforcement authority. 8-2-106. The owner or lessee shall report, in writing, to the enforcement authority within seven days, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving personal injury or structural

Page 1251

damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter. 8-2-107. (a) The installation, alteration, maintenance, and operation of the facilities and equipment regulated by or pursuant to the provisions of this part affect the public interest, and such regulation is necessary for the protection of the public health, safety, and welfare. Therefore, violations of this part or of rules and regulations adopted by or pursuant to this part are a public nuisance, harmful to the public health, safety, and welfare; and, in addition to other remedies provided by law, the actions of the Commissioner, the department, or any local enforcement authority under this part shall be enforceable by injunction properly applied for by the Commissioner or any other enforcement authority in any court of Georgia having jurisdiction over the defendant. (b) The Commissioner or local governing authority of a municipality or county shall have the power, after notice and hearing, to levy a civil penalty upon the owner or lessee of any elevator, escalator, manlift, moving walk, or dumbwaiter in an amount not to exceed $500.00, upon such owner or lessee failing to discontinue the use thereof as required by the enforcement authority pursuant to the provisions of subsection (d) of Code Section 8-2-102. 8-2-108. (a) Any person aggrieved by an order or an act of an inspector under this chapter may, within 15 days of notice thereof, appeal from such order or act to the Commissioner who shall, within 30 days thereafter, issue an appropriate order either approving or disapproving said order or act. A copy of such order by the Commissioner shall be given to all interested parties. (b) This part, as it applies to the Commissioner and the department, shall be governed by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 8-2-109. (a) For the purpose of assisting the Commissioner in the adoption of rules and regulations and in carrying out the provisions of this part, the Commissioner shall appoint an advisory committee to be composed of seven members as follows: (1) The owner or lessee of one or more electors, escalators, manlifts, moving walks, or dumbwaiters;

Page 1252

(2) A manufacturer of elevators, escalators, manlifts, moving walks, or dumbwaiters; (3) One representative from the insurance industry; (4) One representative from either the practice of architecture or practice of professional engineering; (5) One representative of general contractors; (6) One member from the public at large who shall have no connection whatsoever with the manufacture, ownership, or operation of elevators, escalators, manlifts, moving walks, or dumbwaiters; and (7) One elevator inspector from the Department of Labor. (b) All appointments to the committee shall be for a term of four years. A member shall serve until his successor has been duly appointed. The Commissioner shall make appointments to fill the unexpired portion of any term vacated for any reason. In making such appointments, the Commissioner shall preserve the composition of the committee as required by this Code section. Any appointive member who, during his term, ceases to meet the qualifications for original appointment shall thereby forfeit his membership on the committee. The Commissioner shall have until August 1, 1984, to appoint the members of the committee. Membership on the committee shall not constitute public office, and no member shall be disqualified from holding public office by virtue of his membership. Each member of the committee shall serve without compensation, but each member of the committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by him while attending called meetings of the committee, provided such travel and other expenses are approved by the Commissioner. 8-2-110. This part shall not apply to elevators located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1984.

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AD VALOREM TAXATION OF PROPERTYEXEMPTION OF NONPROFIT HOMES FOR MENTALLY HANDICAPPEDSTATE-WIDE REFERENDUM. Code Section 48-5-41 Amended. No. 1266 (House Bill No. 1475). AN ACT To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to grant an exemption from ad valorem taxation on property of nonprofit homes for the mentally handicapped; to provide for qualifications, restrictions, practices, and procedures; to provide for a referendum; to provide for applicability; 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 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, is amended by striking the word and at the end of paragraph (11), by striking the period and inserting in lieu thereof ' and at the end of paragraph (12) and by adding at the end of subsection (a) of said Code section a new paragraph (13) to read as follows: (13) (A) All property of any nonprofit home for the mentally handicapped used in connection with its operation when the home for the mentally handicapped has no stockholders and no income or profit which is distributed to or for the benefit of any private person and when the home is qualified as an exempt organization under the United States Internal Revenue Code of 1954, Section 501(c)(3), as amended, and Code Section 48-7-25, and is subject to the laws of this state regulating nonprofit and charitable corporations. (B) Property exempted by this paragraph shall not include property of a home for the mentally handicapped held primarily for investment purposes or used for purposes unrelated to the providing of residential or health care to the mentally handicapped.

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Section 2 . The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act on the date of and in conjunction with the November, 1984, general election. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following: () YES () NO Shall the Act granting an exemption from ad valorem taxation on property of nonprofit homes for the mentally handicapped be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1985, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void. Section 3 . Except as otherwise provided in Section 2 of this Act, 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 April 3, 1984.

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HANDICAPPED PERSONSLAW RELATING TO ACCESS TO AND USE OF PUBLIC BUILDINGS REVISED. Code Title 30, Chapter 3 Amended. No. 1267 (Senate Bill No. 297). AN ACT To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as substantially to revise, modernize, and supersede Chapter 3, relating to access to and use of public buildings by physically handicapped persons; to change the definitions to reflect specific standards; to incorporate illustrated and specific standards by reference; to provide for enforcement; to declare crimes and 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 . Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by striking Chapter 3, relating to access to and use of public buildings by physically handicapped persons, in its entirety and inserting in lieu thereof a new Chapter 3 to read as follows: CHAPTER 3 30-3-1. The provisions of this chapter are enacted to further the policy of the State of Georgia to encourage and enable handicappted or elderly persons to participate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilitation. It is the intent of this chapter to eliminate, insofar as possible, unnecessary physical barriers encountered by handicapped or elderly persons whose ability to participate in the social and economic life of this state is needlessly restricted when such persons cannot readily use government buildings, public buildings, and facilities used by the public.

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30-3-2. As used in this chapter, the term: (1) `Adaptable' is further explained as follows: (A) Adaptable refers to features provided for but not actually installed. Such adaptability makes it possible for the feature required by ANSI A117.1 Standard to be added for the occupant without major structural alteration; (B) Items not installed at the time of construction under the adaptable provisions of ANSI A117.1 Standard, and items installed which might need to be removed to provide access, must be installed or removed by the owner at the owner's expense when the dwelling is rented to a handicapped person, within 30 days after his or her application for occupancy is approved by the owner. (2) `American National Standards Institute specifications (ANSI standards)' means sections 3 and 4 of the American National Standards Institute specifications A117.1-1980 for making buildings and facilities accessible to and usable by physically handicapped individuals. (3) `Facilities' shall include, but are not limited to, walkways, sidewalks, curbings, parking lots, parks, stadiums, coliseums, and any other manmade or developed area used by the public. (4) `Government buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which handicapped or elderly persons may be employed, that are constructed, leased, or renovated in whole or in part by use of state, county, or municipal funds or the funds of any political subdivisions of the state, and, to the extent not required otherwise by federal law or regulations and not beyond the power of the state to regulate, all buildings and structures used by the public which are constructed or renovated in whole or in part by use of federal funds. (5) `Public buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which handicapped or elderly persons may be employed, that are constructed or renovated by the use of private

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funds, including rental apartment complexes of 20 units or more and temporary lodging facilities of 20 units or more, provided that this chapter shall require fully accessible or adaptable units in only 5 percent of the total rental apartments, or a minimum of one, whichever is greater, and this chapter shall apply to only 5 percent of the total temporary lodging units, or a minimum of one, whichever is greater, provided that this chapter shall not apply to a private single-family residence or to duplexes or any complex containing fewer than 20 units, or to condominiums as defined in Code Section 44-3-71. (6) `Reasonable number' as found in the ANSI standards shall be defined for each of the following standards to mean: (A) `Parking spaces (ANSI 4.61) in a reasonable number' shall be determined as follows: Total number of parking spaces Number of designated handicapped parking spaces 1-400 A minimum number of 2 or 2 percent of the total provided, whichever is greater 401 and greater 8 plus 1 percent of the total provided above 401 (B) `Entrances (ANSI 4.14) in a reasonable number' means that all primary entrances usually considered as major points of pedestrian flow must be accessible to and usable by handicapped persons. (C) `Drinking fountains (ANSI 4.15) in a reasonable number' means that all drinking fountains shall be accessible to and usable by handicapped persons. (D) `Toilet rooms (ANSI 4.22) in a reasonable number' means that for every floor which is to be made accessible to and usable by handicapped persons each toilet room shall conform to ANSI 4.22.

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(E) `Bathrooms, bathing facilities, and shower rooms (ANSI 4.23) in a reasonable number' means that for every floor which is to be made accessible to and usable by handicapped persons each bathroom, bathing facility, and shower room shall conform to ANSI 4.23. (F) `Seats, tables, and work surfaces (ANSI 4.32) in a reasonable number' means the following: Total number Number of accessible spaces required Up to 50 2 spaces for wheelchair users adjacent to each other 51-400 4 spaces including 2 adjacent to each other 401 and above An even number of spaces not less than 1 percent of the total number located throughout all price ranges or locations, or both (7) `Renovation' means: (A) If any specific component of an elevator is replaced or moved from its existing location to a different location, then the specific component shall be required to meet the ANSI A117.1 Standard, as specified in Code Section 30-3-2, as it applies to that specific component, including an accessible route as defined in the ANSI A117.1 Standard; (B) Any component of a building, structure or facility, which is replaced, except for the purpose of repair, or moved, shall be required to meet the ANSI A117.1 Standard as specified in Code Section 30-3-2, including an accessible route as defined in the ANSI A117.1 Standard. 30-3-3. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, shall comply with the American National Standards Institute specifications A117.1-1980 for making buildings and facilities accessible to

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and usable by physically handicapped people; provided, further, that the Safety Fire Commissioner or, where applicable, the Board of Regents of the University System or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public building, or facility subject to the requirements of this chapter and after taking all circumstances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is impractical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical and, within 45 days of such determination, a written record shall be made by the Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question, setting forth the reasons why it is impractical for the person subject to the chapter to comply fully with the particular standard or specification and also setting forth the extent to which the government building, public building, or facility shall conform with the standard or specification. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsible for making a final determination as to whether or not an exemption shall be granted. 30-3-4. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, shall comply with the American National Standards Institute specifications A117.1-1980 for making buildings and facilities accessible to and usable by physically handicapped individuals and, without limiting the generality of the foregoing, shall provide the following amenities for handicapped persons, as appropriate: (1) Parking spaces in a reasonable number; (2) Entrances in a reasonable number; (3) Drinking fountains in a reasonable number; (4) Toilet rooms in a reasonable number; (5) Bathrooms, bathing facilities, and shower rooms in a reasonable number; and

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(6) Seats, tables, and work surfaces in a reasonable number. 30-3-5. (a) (1) Except for buildings under the jurisdiction of the Board of Regents of the University System, all buildings subject to the jurisdiction of the Safety Fire Commissioner pursuant to Code Section 25-2-12 and subsection (c) of Code Section 25-2-13 shall be subject to the jurisdiction of the Safety Fire Commissioner for purposes of enforcement of this chapter. (2) With respect to any such building, the Safety Fire Commissioner shall have the following powers and duties: (A) No such building shall be built in this state by any private person or corporation or public entity unless it conforms to the requirements of Code Sections 30-3-3 and 30-3-4 and its plans and specifications have been approved by the Commissioner as provided in this subparagraph. All plans and specifications shall identify the architect or engineer who prepared them in a manner acceptable to the Commissioner. The Commissioner shall approve the plans and specifications only if they conform to the requirements of this chapter. The Commissioner shall not require any additional fee for each submission of plans or specifications other than the standard fee required by Code Section 25-2-14. No local governing authority shall issue any building permit for any building subject to this subsection without proof of the approval required by this subparagraph. (B) In any case where the Commissioner denies approval under subparagraph (2) (A) of this subsection or an exemption under subparagraph (2) (C) of this subsection, the rights and remedies of the person submitting the same shall be those provided by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (C) Upon a showing that full compliance with any particular requirement or requirements is impractical or not necessary to accomplish the purposes of this chapter, the Commissioner may exempt a building from full compliance with the requirement or requirements and approve plans and specifications which do not conform, or which only partially conform, to the requirement or requirements.

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(b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all properties under its jurisdiction. No construction plans shall be approved by the board of regents for any construction within the University System of Georgia unless the architect or engineer responsible for preparation of said plans and specifications certifies on such plans that to the best of his knowledge, information, and belief they have been prepared in conformity with ANSI specifications A117.1-1980. The certificate of compliance must be displayed on said plans immediately below the architect's seal. The builder, developer, or building owner following said plans shall require the certificate of compliance to be displayed on the plans before starting construction. (c) Local governing authorities shall be responsible for the administration and enforcement of this chapter with regard to all other buildings described in paragraph (5) of Code Section 30-3-2 which are under their jurisdiction. No building permit shall be approved by any local governing authority for any private person, corporation, partnership, association, or public entity unless the plans and specifications have been approved as required by subsection (a) of this Code section, and unless the architect or engineer responsible for preparation of said plans and specifications certifies on such plans that to the best of his knowledge, information, and belief they have been prepared in conformity with ANSI specifications A117.1-1980. The builder, developer, or building owner following said plans shall require such a certificate of compliance on the plans before starting construction. All construction plans must display such a certificate of compliance provided by the architect or engineer for all construction in local governing jurisdictions which do not require building permits. In all areas where local governing authority building permits are not required, the builder, developer, or building owner following said plans shall require such a certificate of compliance to be displayed on the plans before starting construction. (d) In the performance of their responsibilities under this chapter, all state rehabilitation agencies and appropriate elective or appointive officials shall be required to cooperate with and assist the Safety Fire Commissioner, the board of regents, and the appropriate local building code officials or local fire department, or both, having jurisdiction over the buildings in question. (e) The Safety Fire Commissioner, the board of regents, and the local building code officials or the local fire department, or both,

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having jurisdiction over the buildings in question shall from time to time inform, in writing, professional organizations and others of this law and its application. (f) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifications thereof and substitutions therefor, including powers to institute and prosecute proceedings in the superior court to compel compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceedings. (g) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question, after consultation with state rehabilitation agencies and other sources as they might determine, are authorized to promulgate such rules, regulations, and procedures as might reasonably be required to implement and enforce their responsibilities under this chapter. (h) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question, after consultation with state rehabilitation agencies, are also authorized to waive any of the standards and specifications presently set forth in this chapter and to substitute in lieu thereof standards or specifications consistent in effect to such standards or specifications heretofore adopted by the American Standards Association, Inc. 30-3-6. Any person, firm, or corporation who violates this chapter, or who causes another person, firm, or corporation to violate this chapter, or who fails or refuses to comply with any regulation promulgated under this chapter shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1984.

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HANDICAPPED PARKING LAW AMENDED. Code Title 40, Chapter 6 Amended. No. 1268 (House Bill No. 949). AN ACT To amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the Handicapped Parking Law, so as to change certain definitions; to change the provisions prohibiting the stopping, standing, or parking of vehicles in handicapped parking places; to authorize ambulances or emergency vehicles to stop in handicapped parking places; to change the provisions relating to penalties and fines; to provide under certain circumstances for towing away of vehicles illegally parked in handicapped parking places; to change the provisions relating to signs; to provide that such laws shall be applicable to both public and private property; to provide for enforcement; 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 . Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the Handicapped Parking Law, is amended by striking Code Section 40-6-221, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 40-6-221 to read as follows: 40-6-221. As used in this part, the term: (1) `Handicapped parking place' means any area on public or private property which has been designated as reserved for use of handicapped persons by any: (A) Pavement marking bearing the word `handicap' or `handicapped,' or a symbol representing a person in a wheelchair; or (B) Sign erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and

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bearing the word `handicap' or `handicapped,' or a symbol representing a person in a wheelchair, and the words `Tow-Away Zone.' (2) `Handicapped person' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or disability has a significant loss or impairment of mobility. (3) `Institution' means an institution for which a permit or conditional permit may be issued under Article 1 of Chapter 7 of Title 31. (4) `Permanently handicapped person' means a handicapped person whose disability or incapacity can be expected to last for more than 180 days. (5) `Temporarily handicapped person' means a handicapped person whose disability or incapacity can be expected to last for not more than 180 days. Section 2 . Said part is further amended by striking Code Section 40-6-225, relating to offenses and penalties, and inserting in lieu thereof a new Code Section 40-6-225 to read as follows: 40-6-225. (a) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place unless there is displayed on the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired handicapped parking permit or unless there is attached to the vehicle a specially designated license plate for disabled persons authorized under subsection (d) of Code Section 40-6-222. (b) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place except for the purpose of allowing a handicapped person to enter or get out of such vehicle while in such parking place. However, nothing in this subsection shall prevent an ambulance or emergency vehicle from stopping in a handicapped parking place. (c) It shall be unlawful for any person to obtain by fraud or counterfeit a handicapped parking permit.

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(d) It shall be unlawful for any person or institution, other than the one to whom a handicapped parking permit or specially designated license plate for the disabled person is issued, to make use of a handicapped parking permit or specially designated license plate for a disabled person. It shall be unlawful for any person to use a handicapped parking permit for any institutional vehicle other than the vehicle for which the permit has been issued. (e) No person shall park a vehicle so as to block any entrance or egress ramp used by handicapped persons on public or private property. (f) (1) Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. (2) Any person violating subsection (a), (b), (d), or (e) of this Code section shall be subject to a fine of not more than $100.00 for a first offense, not less than $100.00 and not more than $200.00 for a second offense, not less than $200.00 and not more than $500.00. for a third or subsequent offense. (g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped parking place which is marked by a sign bearing the words `Tow-Away Zone' as described in subparagraph (B) of paragraph (1) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency at the expense of the owner of the vehicle. Section 3 . Said part is further amended by adding a new Code Section 40-6-226 to read as follows: 40-6-226. The provisions of this part are applicable to both public and private property; and all law enforcement officers of this state and its political subdivisions are expressly authorized to enforce the provisions of this part on private property as well as on public property. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1984.

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EDUCATIONCOMPULSORY SCHOOL ATTENDANCE LAW REVISED. Code Title 20, Chapter 2 Amended. No. 1269 (Senate Bill No. 504). AN ACT To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance, so as to extensively revise said subpart; to recognize the existence of public schools, private schools, and home study programs as educational entities; to define private schools and home study programs; to provide for duties and responsibilities of parents, guardians, and children for the attendance of children in public or private schools or home study programs; to change the provisions relative to exemption from compulsory school attendance; to change the provisions relative to the duty to enforce compulsory school attendance; to change the provisions relating to the duties of visiting teachers and attendance officers; to change the provisions relating to requirements for records of attendance and enrollment; to change the provisions relating to the authority of peace officers to take custody of truants; to change the provisions relating to the report of truants to juvenile courts; to repeal a provision relative to discontinuing the operation of public schools; to provide for penalties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance, is amended by striking Code Section 20-2-690, relating to the responsibilities of parents and children relative to school attendance by children, which reads as follows: 20-2-690. (a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh and sixteenth birthdays shall enroll and send such child or children to a public or private school; and such child shall be responsible for enrolling and attending a public or private

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school under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15 unless his failure to enroll and attend is caused by his parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other absences as may be approved by the State Board of Education or the local board of education shall be excused absences. (b) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $100.00 or imprisonment not to exceed 30 days, or both, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part shall constitute a separate offense. (c) Visiting teachers and attendance officers shall have authority and it shall be their duty to file proceedings in court to enforce this part., in its entirety and substituting in lieu thereof two new Code Sections 20-2-690 and 20-2-690.1 to read as follows: 20-2-690. (a) This subpart recognizes the existence of public schools, private schools, and home study programs as educational entities. (b) As used in this subpart, the term `private school' means an institution meeting the following criteria or requirements: (1) The primary purpose of the institution is to provide education or, if the primary purpose of the institution is religious in nature, the institution shall provide the basic academic educational program specified in paragraph (4) of this subsection; (2) The institution is privately controlled and operates on a continuing basis; (3) The institution provides instruction each 12 months for the equivalent of 180 school days of education with each school day consisting of at least four and one-half school hours;

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(4) The institution provides a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science; (5) Within 30 days after the beginning of each school year, it shall be the duty of the administrator of each private school to provide to the superintendent of schools of each local public school district which has residents enrolled in the private school a list of the name, age, and residence of each resident so enrolled. At the end of each school month, it shall be the duty of the administrator of each private school to notify the superintendent of each local public school district of the name, age, and residence of each student residing in the public school district who enrolls or terminates enrollment at the private school during the immediately preceding school month. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction; and (6) Any building used by the institution for private school purposes meets all health and safety standards established under state law and local ordinances. (c) Parents or guardians may teach their children at home in a home study program which meets the following requirements: (1) The parent, parents, or guardian must submit within 30 days after the establishment of a home study program and by September 1 annually thereafter a declaration of intent to utilize a home study program to the superintendent of schools of the local school district in which the home study program is located; (2) The declaration shall include a list of the names and ages of the students who are enrolled in the home study program, the address where the home study program is located, and a statement of the 12 month period that is to be considered the school year for that home study program. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction;

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(3) Parents or guardians may teach only their own children in the home study program provided the teaching parent or guardian possesses at least a high school diploma or the equivalent GED certificate, but the parents or guardians may employ a tutor who holds at least a baccalaureate college degree to teach such children; (4) The home study program shall provide a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science; (5) The home study program must provide instruction each 12 months to home study students equivalent to 180 school days of education with each school day consisting of at least four and one-half school hours unless the child is physically unable to comply with the above rule; (6) Attendance records for the home study program shall be kept and shall be submitted at the end of each month to the superintendent of schools of the local school district in which the home study program is located. Attendance records and reports shall not be used for any purpose except providing necessary attendance information, except with the permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction; (7) Students in home study programs shall be subject to an appropriate nationally standardized testing program administered in consultation with a person trained in the administration and interpretation of norm reference tests to evaluate their educational progress at least every three years beginning at the end of the third grade and records of such tests and scores shall be retained but shall not be required to be submitted to public educational authorities; and (8) The home study program instructor shall write an annual progress assessment report which shall include the instructor's individualized assessment of the student's academic progress in each of the subject areas specified in paragraph (4) of this subsection, and such progress reports shall be retained by the parent, parents, or guardian of children in the home study program for a period of at least three years.

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(d) Any person who operates a private school without complying with the requirements of subsection (b) of this Code section or any person who operates a home study program without complying with the requirements of subsection (c) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00. (e) The State Board of Education shall devise, adopt, and make available to local superintendents of schools, who shall in turn make available to administrators of private schools and parents or guardians with children in home study programs such printed forms and procedures as may be reasonably necessary to carry out efficiently the reporting provisions of this Code section, but such printed forms and procedures shall not be inconsistent with or exceed the requirements of this Code section. 20-2-690.1 (a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. (b) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $100.00 or imprisonment not to exceed 30 days, or both, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part shall constitute a separate offense. (c) Local school superintendents in the case of private schools or home study programs and visiting teachers and attendance officers in

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the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart. Section 2 . Said subpart is further amended by striking Code Section 20-2-693, relating to exemptions from compulsory school attendance, in its entirety and substituting in lieu thereof a new Code Section 20-2-693 to read as follows: 20-2-693. (a) Children between their seventh and sixteenth birthdays who are excused from attendance in public school by county or independent school system boards in accordance with general policies and regulations promulgated by the State Board of Education shall be exempt from this subpart. The state board, in promulgating its general policies and regulations, shall take into consideration sickness and other emergencies which may arise in any school community. (b) Children between their seventh and sixteenth birthdays who are excused from attendance at private schools or home study programs for sickness or emergencies or for other reasons substantially the same as the reasons for excused absences from attendance at public school authorized by state board policy pursuant to subsection (a) of this Code section shall be exempt from this subpart. Section 3 . Said subpart is further amended by striking Code Section 20-2-694, relating to duties to enforce compulsory school attendance, in its entirety and substituting in lieu thereof a new Code Section 20-2-694 to read as follows: 20-2-694. It shall be the duty of each county and independent school system board of education and each local school superintendent within the state to administer this subpart and to secure its enforcement in cooperation with the other state and county agencies and in cooperation with the administrators of private schools and parents or guardians providing a home study program. Section 4 . Said subpart is further amended by striking Code Section 20-2-696, relating to duties of visiting teachers and attendance officers, in its entirety and substituting in lieu thereof a new Code Section 20-2-696 to read as follows: 20-2-696. In the discharge of the duties of their office, visiting teachers, acting visiting teachers, or attendance officers shall:

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(1) Cooperate fully with the Department of Human Resources, the Department of Labor, and other state agencies; (2) Make monthly and annual reports to their respective local school superintendents on attendance and other problems of child school adjustment in the public schools of their territory; and (3) Comply with the rules and regulations of the county and independent school system boards of education and the State Board of Education. Section 5 . Said subpart is further amended by striking Code Section 20-2-697, relating to requirements for records of attendance and enrollment, in its entirety and substituting in lieu thereof a new Code Section 20-2-697 to read as follows: 20-2-697. (a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the county or independent school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the county or of the independent school system the names, ages, and residences of all pupils in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Such records and reports shall not be used for any purpose except providing necessary attendance information required by the State Board of Education, except with the permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction. (b) Any person failing to carry out the duties required by subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00.

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(c) The provisions of this Code section shall not apply to private schools or home study programs, and enrollment and attendance information required for private schools or home study programs and penalties for failure to comply with such requirements shall be as provided in Code Section 20-2-690. Section 6 . Said subpart is further amended by striking Code Section 20-2-698, relating to the authority of peace officers to take custody of truant children, in its entirety and substituting in lieu thereof a new Code Section 20-2-698 to read as follows: 20-2-698. Any peace officer may assume temporary custody, during school hours, of any child subject to compulsory school attendance who is found away from home and who is absent from a public or private school or a home study program without a valid written excuse from school officials or from the parent or guardian in charge of the home study program. Section 7 . Said subpart is further amended by striking Code Section 20-2-701, relating to the report of truants to juvenile court, in its entirety and substituting in lieu thereof a new Code Section 20-2-701 to read as follows: 20-2-701. Local school superintendents as applied to private schools and home study programs or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child. Section 8 . Said subpart is further amended by repealing Code Section 20-2-703, relating to discontinuing operation of public schools, which reads as follows: 20-2-703. (a) As used in subsection (b) of this Code section, the term `public school district or system' means all public school systems in this state. (b) This subpart shall not apply in any public school district or system in this state, whether county or independent, wherein the

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operation of the public schools by public officers of this state is discontinued., in its entirety and substituting in lieu of said repealed Code section the following: 20-2-703. Reserved. Section 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1984. PUBLIC AND LEGAL HOLIDAYSPROCEDURES FOR DETERMININGHOW OBSERVED, ETC. Code Section 1-4-1 Amended. No. 1270 (Senate Bill No. 372). AN ACT To amend Code Section 1-4-1 of the Official Code of Georgia Annotated, relating to public and legal holidays, so as to provide for the designation of certain days as public and legal holidays; to provide procedures for determining how the state shall treat such days and dates; to provide a procedure for observing other days; to provide for other matters relative to the foregoing; to provide a legislative purpose; 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 1-4-1 of the Official Code of Georgia Annotated, relating to public and legal holidays, is amended by striking in its entirety said Code section, which reads as follows: 1-4-1. (a) The following days are declared to be public and legal holidays in Georgia: (1) January 1, known as New Year's Day; (2) January 19, known as Lee's Birthday; (3) The third Monday in February, known as Washington's Birthday; (4) April 26, known as Confederate Memorial Day; (5) The last Monday in May, known as National Memorial Day; (6) June 3, known as Jefferson Davis's Birthday; (7) July 4, known as Independence Day; (8) The first Monday in September, known as Labor Day; (9) The second Monday in October, known as Columbus Day; (10) November 11, known as Veterans' Day; (11) The fourth Thursday in November, known as Thanksgiving Day; (12) December 25, known as Christmas Day; and (13) Any day proclaimed or designated by the Governor of this state or the President of the United States as a day of fasting and prayer or other religious observance. (b) Whenever a public and legal holiday occurs on a Saturday, the preceding Friday shall be observed as a public and legal holiday. Whenever a public and legal holiday occurs on a Sunday, the following Monday shall be observed as a public and legal holiday.

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(c) Employees of departments and agencies covered by the state merit system shall, upon request to their appointing authority or his designee, at least seven days in advance, be given priority consideration for time away from work for observance of religious holidays not otherwise provided for herein. Any paid leave time for such religious holiday observance shall be charged to accrued compensatory leave or accrued annual leave credits available to the employee at the time of the holiday observance. No employee may claim priority consideration for more than three work days each calendar year. A request by an employee for time away from work to observe a religious holiday shall not be denied unless the employee has inadequate accrued compensatory or annual leave credits to cover such period of absence or the duties performed by the employee are urgently required and the employee is the only person available who can perform the duties as determined by the appointing authority or his designee., and inserting in lieu thereof a new Code Section 1-4-1 to read as follows: 1-4-1. (a) The State of Georgia shall recognize and observe as public and legal holidays: (1) All days which have been designated as of January 1, 1984, as public and legal holidays by the federal government; and (2) All other days designated and proclaimed by the Governor as public and legal holidays or as days of fasting and prayer or other religious observance. In such designation the Governor shall include at least one of the following dates: January 19, April 26, or June 3, or a suitable date in lieu thereof to commemorate the event or events now observed by such dates. (b) The Governor shall close all state offices and facilities a minimum of 12 days throughout the year and not more than 12 days in observance of the public and legal holidays and other days set forth in subsection (a) of this Code section and shall specify the days state offices and facilities shall be closed for such observances. (c) Employees of any state department or agency or of any other department or agency covered by the state merit system shall, upon request to their appointing authority or his designee at least seven days in advance, be given priority consideration for time away from work for observance of religious holy days not otherwise provided for

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in this Code section. Any paid leave time for such religious holy day observance shall be charged to accrued compensatory leave or accrued annual leave credits available to the employee at the time of the holy day observance. No employee may claim priority consideration for more than three work days each calendar year. A request by an employee for time away from work to observe a religious holy day shall not be denied unless the employee has inadequate accrued compensatory or annual leave credits to cover such period of absence or the duties performed by the employee are urgently required and the employee is the only person available who can perform the duties as determined by the appointing authority or his designee. The State Personnel Board shall provide by rule and regulation a procedure to be followed by agencies and departments in the granting of such holy days for employees in the classified service of the state merit system. The employing department or agency shall provide the procedures to be followed for all other employees. Section 2 . This Act shall become effective on December 31, 1984. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1984. 1984 DESIGNATED THE YEAR OF THE DISABLED VOTER IN GEORGIA. No. 86 (Senate Resolution No. 319). A RESOLUTION Designating 1984 as The Year of the Disabled Voter in Georgia; and for other purposes. WHEREAS, there are over 300,000 disabled voters in the State of Georgia; and

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WHEREAS, in 1980, the General Assembly passed SB 434 which requires that polling places have suitable and appropriate access to handicapped persons; and WHEREAS, all voting polls will be physically accessible to disabled voters by July 1, 1984; and WHEREAS, the State of Georgia is one of the first states in the United States to require access to voting polls by disabled citizens; and WHEREAS, Georgia's leadership role in requiring voting poll access for disabled voters has inspired federal legislation to accomplish the same goal nation wide; and WHEREAS, Georgia officials have been applauded by other local, state, and federal officials for their efforts in removing physical barriers at voting polls; and WHEREAS, disabled voters now have the same opportunity to exercise their fundamental right to vote with dignity like other citizens; and WHEREAS, for the first time in the history of our state, all eligible citizens are afforded an equal opportunity to vote. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that disabled citizens are encouraged to register and to vote in the elections held in the State of Georgia. BE IT FURTHER RESOLVED that 1984 shall be designated as The Year of the Disabled Voter in Georgia. Approved April 3, 1984.

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PUBLIC OFFICERS AND EMPLOYEESSUSPENSION OF CERTAIN OFFICIALS UPON BEING INDICTED FOR A FELONY, ETC. Code Sections 45-5-6 and 15-16-26 Amended. No. 1271 (Senate Bill No. 332). AN ACT To amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office, so as to provide for the suspension from office of certain public officials upon being indicted for a felony; to provide a definition; to provide for review and reinstatement of the public official in certain circumstances; to provide for the disposition of the compensation of the public official during the period of suspension; to provide for the appointment of a replacement officer during the period of suspension; to provide when a vacancy shall occur and for the filling of the vacancy; to provide for applicability; to provide for procedures and other matters related thereto; to amend Code Section 15-16-26 of the Official Code of Georgia Annotated, relating to investigations of charges against a sheriff generally, so as to provide when these provisions shall apply to sheriffs who are under investigation; 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 45 of the Official Code of Georgia Annotated, relating to vacation of office, is amended by striking in its entirety Code Section 45-5-6, which reads as follows: 45-5-6. (a) Upon conviction of a felony in any court of this state, of any other state, or of the United States, a county officer so convicted, except a probate judge, shall be suspended from office immediately and without further action, pending the outcome of any direct appeal or application for a writ of certiorari that may be taken from the conviction. During the term of office to which such officer was elected and in which the conviction occurred, if the conviction is overturned as a result of any such direct appeal or application for writ of certiorari, the county officer shall be immediately reinstated to the

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office from which he was suspended. While such county officer is suspended, he shall not receive any income from his office. If the county officer is reinstated, he shall receive all the back income from his office that he would have received had he not been suspended. Upon the final conviction of any such officer, Code Section 45-5-2 shall apply. (b) For the duration of any suspension under this Code section, the Governor shall appoint a replacement officer for any officer suspended. The replacement officer so appointed shall be from the same county as the suspended officer and shall otherwise be qualified to serve during the period of suspension. If the conviction of the suspended county officer becomes final, the Governor is authorized to continue the appointment of the replacement officer or to appoint another qualified person from the county to serve until the next general election. (c) Notwithstanding any other law to the contrary, when a county commissioner is suspended under this Code section, he or she shall be replaced by the remaining county commissioner or commissioners; provided, however, that when there is only one commissioner in a county and he or she is suspended, subsection (b) of this Code section shall apply., and inserting in lieu thereof a new Code Section 45-5-6 to read as follows: 45-5-6. (a) As used in this Code section, the term `public official' means any elected county officer; any elected member of a county governing authority; any elected member of a city-county consolidated government; any member of a county, area, or independent board of education; any school superintendent of a county, area, or independent school system; any solicitor of a state court; any elected member of any municipal governing authority; any member of the Public Service Commission; and any district attorney. (b) Upon indictment for a felony by a grand jury of this state, which felony indictment relates to the performance or activities of the office of any public official, and in the case of a sheriff, any such indictment by this state or any such indictment by the United States, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Governor who shall, subject to subsection (e) of this Code section, appoint a review commission. Except as

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provided in this subsection, the commission shall be composed of the Attorney General and two public officials who hold the same office as the individual indicted. The members of the commission shall receive no compensation for their services but shall be reimbursed for any expenses incurred in connection with the investigation. The funds necessary to conduct the investigation shall come from funds appropriated to the executive branch of government. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. (c) Unless a longer period of time is granted by the Governor, the commission shall make a written report to the Governor within 14 days. If the commission determines that the indictment relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the commission shall recommend that the public official be suspended from office. If, and only if, the commission recommends suspension, then the Governor shall review the findings and recommendations of the commission and may suspend the public officer from office immediately and without further action pending the final disposition of the case or until the expiration of his term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he was suspended. While a public official is suspended under this Code section and until final conviction, the public official shall continue to receive the compensation from his office. (d) (1) For the duration of any suspension of any elected member of any municipal or consolidated city-county governing authority under this Code section, a replacement officer for the public officer suspended shall be appointed as provided for in any general law, local law, ordinance, or resolution governing the filling of a temporary vacancy in the public office affected. For the duration of any suspension of any other public official under this Code section, a replacement officer for the public official shall be appointed as provided for in any applicable general or local law governing the filling of a temporary vacancy in the public office

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affected. If no such general law, local law, ordinance, or resolution governing the filling of a temporary vacancy is applicable, then the Governor shall appoint a replacement officer for the public official suspended. (2) Upon the final conviction, the office of the public official shall be vacated immediately without further action. Said vacancy shall be filled in the manner provided by law for filling vacancies in such office. (e) No commission shall be appointed for a period of 14 days from the day the Governor receives the indictment. This period may be extended by the Governor. During this period of time, the indicted public official may, in writing, authorize the Governor to suspend him from office. Any such voluntary suspension shall be subject to the same conditions for review, reinstatement, or declaration of vacancy as are provided in this Code section for nonvoluntary suspensions. (f) After any suspension under this Code section, the suspended public official may petition the Governor for a review. The Governor may reappoint the commission to review the suspension. The commission shall make a written report in 14 days. If the commission recommends that the public official be reinstated, he shall immediately be reinstated to office. (g) The report and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose. The report and records of the commission shall not be open to the public. (h) The provisions of this Code section shall not apply to any indictment handed down prior to January 1, 1985. (i) If a public official who is suspended from office under the provisions of this Code section is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the public official shall be reinstated to office. The public official shall not be reinstated under this subsection if he is not so tried based on a continuance granted upon a motion made only by the defendant. Section 2 . Code Section 15-16-26, relating to investigations of charges against a sheriff, generally, is amended by striking in their entirety subsection (d) and subsection (e), which read as follows:

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(d) The chief judge of the superior court of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriffs pursuant to Code Section 15-16-1 to assume the duties and responsibilities of the office of sheriff during any period of suspension. (e) Upon a sheriff being convicted of a felony in any court of this state or convicted of a crime under the laws of the United States or any other state in any court, which crime would be considered a felony if committed within the State of Georgia, the district attorney of the county of the sheriff's residence shall be required to bring a removal petition against such sheriff immediately. If the sheriff fails to appeal such conviction, a vacancy shall be declared in such office immediately upon the removal of the sheriff. If the sheriff appeals such conviction, the chief judge of the superior court of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriffs pursuant to Code Section 15-16-1 to assume the duties and responsibilities of the office of sheriff on a temporary basis until all appeals of such conviction are exhausted by the sheriff or until the expiration of the sheriff's term of office, whichever event occurs first. After all appeals have been exhausted, if the conviction of the sheriff has been upheld, the probate court shall declare a vacancy in such office to be filled as provided by law. Any sheriff removed from office as provided in this subsection who has his conviction nullified, reversed, or set aside on appeal and who has time remaining in his term of office to which elected shall be automatically reinstated in office for the remainder of his unexpired term., and inserting in lieu thereof a new subsection (d) and subsection (e) to read as follows: (d) Except as provided in subsection (e) of this Code section, the chief judge of the superior court of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriffs pursuant to Code Section 15-16-1 to assume the duties and responsibilities of the office of sheriff during any period of suspension. (e) Upon indictment for a felony, the provisions of Code Section 45-5-6 shall apply. 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 4, 1984. INSURANCEFEES AND TAXESCOUNTY AND MUNICIPAL TAXATION AUTHORIZEDBASIS. Code Title 33, Chapter 8 Amended. No. 1272 (House Bill No. 1139). 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 penalties and interest on insurance fees and taxes; to authorize municipal corporations to impose annual license fees on all types of insurance companies; to provide that county and municipal taxation of life insurance companies shall be based on premiums received during the preceding calendar year; to provide that county and municipal taxation of insurance companies other than life insurance companies shall be based on premiums received during the preceding calendar year; to change the time and method of distribution of local insurance taxes collected by the Commissioner of Insurance; to change the date of payment of such taxes; to provide for county taxation within inactive municipal corporations; to provide for waivers of penalties and interest on insurance fees and taxes; to provide for 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

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striking Code Section 33-8-6, relating to payment of insurance taxes, and inserting in its place a new Code section to read as follows: 33-8-6. (a) The annual premium taxes required in this chapter shall be paid to the Commissioner annually on or before March 1 following the close of the preceding calendar year upon all the premiums received during that calendar year. At the same time each such insurance company shall file with the Commissioner an annual return on a form prescribed by the Commissioner showing, by quarters, the gross direct premiums received during the preceding calendar year and the installment payments made during that year. (b) Installments of the annual premium taxes shall be due and payable for each calendar quarter on the twentieth day of March, June, September, and December in each year based upon the estimated amount of gross direct premiums received during that calendar quarter. A final payment of tax due for the year shall be made at the time each such insurance company files its annual return for such year. (c) Any insurance company which fails to report and pay any installment of tax or which estimates any installment of tax to be less than 80 percent of the amount finally shown to be due in any quarter shall be subject to penalty and interest as provided in subsection (d) of this Code section for any underpayment of taxes due and payable for that quarter. Any insurance company paying, for each installment required in this chapter, 25 percent of the amount of the annual premium taxes reported on its annual return for the preceding year shall not be subject to any penalty or interest for such underpayment. (d) A penalty of 10 percent of the amount owed, together with interest on the principal amount at the rate of 1 percent per month, or any part of a month, from the date due until the date paid shall be imposed for late payment, underpayment, or nonpayment of any taxes or amounts imposed under this chapter. (e) When the date prescribed by or imposed pursuant to law for the making of any return, the filing of any paper or document, or the payment of any tax or license fee pursuant to this chapter falls on a Saturday, Sunday, or legal holiday, the making of the return, the filing of the paper or document, or the payment of the tax or license fee shall be postponed until the first day following which is not a Saturday, Sunday, or legal holiday.

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(f) Subsections (b) and (c) of this Code section shall not apply to any such insurance company whose annual premium taxes for the immediately preceding calendar year was less than $500.00 Section 2 . Said chapter is further amended by striking Code Sections 33-8-88, 33-8-8.1, and 33-8-8.2, relating to local insurance fees and taxes, and inserting in their place new Code Sections 33-8-8, 33-8-8.1, and 33-8-8.2 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 insurance companies for the privilege of engaging in the business of insurance within said municipal corporation: (1) An annual license fee on each 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

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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 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 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) 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 an 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 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. (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). 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).

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(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 during the preceding calendar year 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 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 during the preceding calendar year 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. (c) (1) On March 1, 1984, and on that date in each subsequent year, each life insurance company shall file a certified return on a form prescribed by the Commissioner showing gross direct premiums received during the preceding calendar year that will appear in the company's certified annual statement. (2) On or before June 15, 1984, and on the same date in each subsequent year, the Commissioner shall provide to each county and municipal corporation which is imposing a tax in accordance with this Code section a statement of the estimated amount of money the affected county or municipal corporation is expected to receive based on the reports filed pursuant to paragraph (1) of this subsection.

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(3) On or before October 15, 1984, and on the same date in each subsequent year, the Commissioner shall collect taxes imposed pursuant to subsection (b) of this Code section on behalf of counties and municipal corporations whose ordinances have been filed with the Commissioner. The tax collected for each year shall be based upon gross direct premiums written during the preceding calendar year. Penalty and interest as prescribed in subsection (d) of Code Section 33-8-6 shall be imposed for late payment, underpayment, or nonpayment of such taxes. (d) Taxes imposed by subsection (b) of this Code section 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

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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 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) On or before December 15, 1984, and on the same date in each subsequent year, the Commissioner shall distribute the taxes imposed by counties and municipal corporations which are actually remitted to and collected by the Commissioner. On or before December 15, 1985, and on the same date in each subsequent year, the Commissioner shall distribute any delinquent taxes actually collected by the Commissioner for a previous year, exclusive of any interest or penalty on such delinquent taxes, which delinquent taxes have not previously been distributed. (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. 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 during the preceding calendar year. The tax shall be levied upon premiums derived from policies insuring persons, property, or risks in Georgia from January 1 to December 31, both

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inclusive, of each year without regard to business ceded to or assumed from other companies. The tax shall be imposed upon gross premiums received during the preceding calendar year 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) (A) On March 1, 1984, and on the same date in each subsequent year, each insurance company upon which a tax is imposed by subsection (b) of this Code section shall file a certified return on a form prescribed by the Commissioner showing gross direct premiums received during the preceding calendar year that will appear in the company's certified annual statement. (B) On or before June 15, 1984, and on the same date in each subsequent year, the Commissioner shall provide to each county and municipal corporation which is imposing a tax in accordance with this Code section, a statement of the estimated

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amount of money the affected county or municipal corporation is expected to receive based on the reports filed pursuant to subparagraph (b)(3)(A) of this Code section. (C) On or before October 15, 1984, and on the same date in each subsequent year, the Commissioner shall collect taxes imposed pursuant to this Code section on behalf of counties and municipal corporations whose ordinances have been filed with the Commissioner. The premiums tax collected for each year shall be based upon gross direct premiums written during the preceding calendar year. Penalty and interest as prescribed in subsection (d) of Code Section 33-8-6 shall be imposed for late payment, underpayment, or nonpayment of such taxes. (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 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) On or before December 15, 1984, and on the same date in each subsequent year, the Commissioner shall distribute the taxes imposed by counties and municipal corporations which are actually remitted to and collected by the Commissioner. On or before December 15, 1985, and on the same date in each subsequent year, the Commissioner shall distribute any delinquent taxes actually collected by the Commissioner for a previous year, exclusive of any interest or penalty on such delinquent taxes, which delinquent taxes have not previously been distributed. (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.

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(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 3 . Said chapter is further amended by adding a new Code Section 33-8-8.4 to read as follows: 33-8-8.4. For purposes of levying, collecting, distributing, and applying the proceeds of local insurance taxes and for all other purposes of Code Sections 33-8-8.1, 33-8-8.2, and 33-8-8.3, the population of an inactive municipality shall be considered to be population of the unincorporated area of the county or counties within which the municipality is located. Any municipality whose governing authority has neither met nor taken any official action during a calendar year shall be considered to be an inactive municipality during the next calendar year. Section 4 . Said chapter is further amended by striking Code Section 33-8-12, relating to waiver of penalties, and inserting in its place a new Code section to read as follows: 33-8-12. The Commissioner is authorized to waive the collection of any amount due the state as a penalty under provisions of this title providing for fees, premium taxes, or other miscellaneous charges collected by the Commissioner, whenever or to the extent that he may determine that the default giving rise to the penalty was due to reasonable cause and not due to gross or willful neglect or disregard of the law, regulations, or instructions pertaining thereto. The Commissioner may waive the collection of any interest, in whole or in part, due the state on any unpaid taxes whenever or to the extent that he reasonably determines that the delay in payment of the taxes was attributable to the action or inaction of the department. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 1294

Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. INSURANCEFEES AND TAXESDISTRIBUTION OF ILLEGALLY COLLECTED LOCAL PREMIUM TAXES WHEN REFUNDED. Code Title 33, Chapter 8 Amended. No. 1273 (House Bill No. 1206). 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 that for the purposes of levying, collecting, distributing, and applying the proceeds of local insurance taxes the population of certain inactive municipal corporations shall be treated as population of the unincorporated area of the county or counties in which the municipal corporation is located; to provide for the distribution of any reimbursement received by an insurance company, other than a life insurance company, as a result of the payment of insurance premium taxes levied by a county or municipality which was illegally assessed and collected; to make provisions with respect to voluntary payments of local premium taxes; to provide for severability; to provide for effective dates and applicability; 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 adding a new Code Section 33-8-8.4 to read as follows:

Page 1295

33-8-8.4. For purposes of levying, collecting, distributing, and applying the proceeds of local insurance taxes and for all other purposes of Code Sections 33-8-8.1, 33-8-8.2, and 33-8-8.3, the population of an inactive municipality shall be considered to be population of the unincorporated area of the county or counties within which the municipality is located. Any municipality whose governing authority has neither met nor taken any official action during a calendar year shall be considered to be an inactive municipality during the next calendar year. Section 2 . Said chapter is further amended by adding a new Code section, to be designated Code Section 33-8-8.5, to read as follows: 33-8-8.5. Any insurance company, other than a life insurance company, which receives reimbursement for the payment of an insurance premium tax levied by a county or municipality which was illegally assessed and collected shall distribute on a pro rata basis the proceeds of such reimbursement to its policyholders of record for the year the tax was levied. The distribution of the reimbursement shall be made as soon as practicable and in no event later than 90 days after such reimbursement is received by the insurance company. Section 3 . Said chapter is further amended by adding a new Code section, to be designated Code Section 33-8-8.6, to read as follows: 33-8-8.6. Notwithstanding any other provision of law, any payment by an insurance company, other than a life insurance company, of premium taxes levied by a county or municipality heretofore made which when made was not accompanied by a written protest of the legality or amount of such tax shall be deemed to have been a voluntary payment and shall not be recoverable from such county or municipality. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 1 of this Act shall apply to taxes collected during 1984 and all future years. Section 2 of this Act shall apply to taxes collected prior to January 1, 1984. Section 5 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional,

Page 1296

such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAKINDS OF INVOLUNTARY SEPARATION DISTINGUISHED, ETC. Code Title 47, Chapter 2 Amended. No. 1274 (Senate Bill No. 354). AN ACT To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relative to the definition of involuntary seperation from employment without prejudice and involuntary separation from employment with prejudice; to provide for certain definitions; to provide the grounds and procedures for the discharge of employees from employment and that employees so discharged shall not be entitled to and shall not receive a retirement benefit based on involuntary separation from employment without prejudice; to provide for judicial review; to prohibit releases or separations from state service of any public official or employee who is entitled to involuntary seperation benefits under the Employees' Retirement

Page 1297

System of Georgia except under certain limited circumstances; to provide procedures for the continued employment of certain employees proposed for involuntary separation from employment and to define terms in connection therewith; to provide for other matters relative to the foregoing; to repeal a provision relative to discretionary termination of employees; to provide that this Act shall become effective on a certain date only if a certain amendment to the Constitution is ratified; to provide that this Act is exempt from the provisions of a certain Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by striking paragraphs (20) and (21) of Code Section 47-2-1, relating to definitions, in their entirety and substituting in lieu thereof new paragraphs (20) and (21) to read as follows: (20) `Involuntary separation from employment without prejudice' means separation or release from service other than by the willing choice of a member, provided that such member has not been convicted in a court of competent jurisdiction of any crime involving moral turpitude or malfeasance in office or has not been forced to make restitution for any funds or property wrongfully taken by the member. Involuntary separation shall not include the defeat in an election of an elected official who becomes a member of this retirement system for the first time on or after July 1, 1971. (21) `Involuntary separation from employment with prejudice' means separation or release from service other than by the willing choice of a member who has been convicted in a court of competent jurisdiction of a crime involving moral turpitude or malfeasance in office or who has been forced to make restitution for any funds or property wrongfully taken by the member. Section 2 . Said chapter is further amended by adding at the end of Article 1, relating to general provisions, two new Code sections to be designated Code Sections 47-2-2 and 47-2-3 to read as follows: 47-2-2. (a) The provisions of this Code section are supplemental to, and not in lieu of, the provisions of paragraphs (20) and

Page 1298

(21) of Code Section 47-2-1 defining `involuntary separation from employment without prejudice' and `involuntary separation from employment with prejudice.' (b) The word `employee' as defined in paragraph (2) of subsection (c) of this Code section shall include any such employee in the classified or unclassified service of the State Merit System of Personnel Administration provided for by Chapter 20 of Title 45. The provisions of that law or any rules or regulations promulgated pursuant thereto relative to the dismissal of employees from employment shall not be applicable to the discharge of an employee from employment pursuant to the provisions of this Code section. Any such employee who is otherwise subject to that law and rules or regulations promulgated pursuant thereto shall continue to be subject thereto for the purpose of any adverse personnel action other than discharge from employment or suspension pursuant to this Code section, but for the purposes of such discharge from employment or suspension, the provisions of this Code section shall be exclusive. (c) As used in this Code section, the term: (1) `Duties' means duties and responsibilities assigned by an employer to an employee which are reasonably related to the lawful objectives and responsibilities of the employer and which are reasonably related to the position of employment held by the employee for which the employee is compensated. (2) `Employee' means an employee, other than an elected public official, a public official selected by a vote of a board to serve at the pleasure of the board, or a public official appointed pursuant to law for a specific term of office, as defined in paragraph (16) of Code Section 47-2-1 who was a member of the retirement system prior to April 1, 1972, and who, if involuntarily separated from employment without prejudice, has sufficient membership service under the retirement system to qualify for a retirement allowance because of such involuntary separation from employment. (3) `Employer' means any person or group of persons authorized by law or having authority delegated by law to discharge an employee.

Page 1299

(4) `Insubordination' means the refusal by an employee to carry out the employee's duties when instructed to do so by the employer or by the employee's supervisor upon the instructions or under the authority of the employer. (5) `Irresponsible performance of duties' means the performance of any duties by an employee or the use of an employee's position of employment for any one or more of the following purposes (A) To make a financial gain or receive materials or services having financial value, except compensation received as an employee, under circumstances which would lead a reasonable person to believe that the financial gain or the receipt of materials or services was improperly related to the performance of duties of the employee; (B) To purchase or authorize the purchase of materials or services from public funds when the employee knows or reasonably could be expected to know that the amount paid for such materials or services unreasonably exceeds the amount for which substantially equivalent materials or services could be purchased without excessive delay or inconvenience; (C) To use publicly owned real or personal property or publicly supplied services for personal use when the employee knows or reasonably could be expected to know that such personal use of public property or services is unauthorized or improper; or (D) To expend or authorize the expenditure of public funds in a manner which would lead a reasonable person to believe the employee shows a reckless disregard for the obligation to taxpayers to expend public funds in a prudent and efficient manner. (6) `Malingering' means frequent absences from work or the failure to perform duties during working hours because of claims of illness which are unsubstantiated as determined pursuant to subsection (e) of this Code section.

Page 1300

(7) `Neglect of duty' means the repeated failure by an employee to carry out the employee's duties, either because of excessive unexcused absences from work or a failure to perform or the unsatisfactory performance of duties while at work or a combination thereof. (8) `Proof of illness' means a written opinion by one or more physicians designated by the medical board provided for by Code Section 47-2-24 stating that an employee's absences from work or unsatisfactory performance of duties are reasonably related to an illness suffered by the employee and describing the nature of such illness. (9) `Unsatisfactory performance of duties in a willful manner' means the unsatisfactory performance of duties by an employee when the past satisfactory performance of duties by the employee indicates the employee's unsatisfactory performance is willful as determined pursuant to subsection (f) of this Code section. (d) An employee may be discharged from employment pursuant to the requirements of this Code section for insubordination, irresponsible performance of duties, malingering, neglect of duty, or unsatisfactory performance of duties in a willful manner, or for any combination of such reasons. Any employee so discharged from employment shall not be entitled to and shall not receive a retirement benefit based on involuntary separation from employment without prejudice pursuant to Code Section 47-2-123. (e) An employer shall have a reasonable basis for believing an employee is malingering when: (1) The employee has a pattern of absences from work because of illness or unsatisfactory performance of duties because of illness or a pattern of absences from work and unsatisfactory performance of duties because of illness; (2) The employer has requested the employee, in writing, to provide proof of illness and the employee has been given a reasonable opportunity, which shall not be less than 30 days after the date of the request made by the employer, to respond to the employer's request; and

Page 1301

(3) The employee has provided no or unsatisfactory proof of illness to the employer in response to the request made pursuant to paragraph (2) of this subsection. (f) An employer shall have a reasonable basis for believing an employee is engaging in unsatisfactory performance of duties in a willful manner when: (1) The past work history of the employee indicates the employee is capable of satisfactory performance of duties; (2) The unsatisfactory performance of duties became increasingly apparent after the employee qualified for a retirement benefit based on involuntary separation from employment without prejudice; and (3) The employee does not claim illness as a basis for unsatisfactory performance of duties and has offered no proof of illness to the employer. (g) When an employer is considering the discharge from employment of an employee for any one or more reasons specified in subsection (d) of this Code section, the employer shall transmit a written notice to the employee containing the following: (1) An explanation of the conduct or deficiencies of the employee which forms the basis for the employer's considering the discharge of the employee; (2) A statement that such conduct may result in the employee's discharge from employment on a specified date, which shall not be earlier than the tenth day following the date of the notice in the case of insubordination or irresponsible performance of duties and not earlier than the thirtieth day following the date of the notice if the basis for considering the discharge of the employee is for a reason or reasons other than insubordination or irresponsible performance of duties; (3) A statement that the employee's discharge from employment for the reasons specified in the notice shall not constitute involuntary separation from employment without prejudice within the meaning of the applicable provisions of the Employees' Retirement System of Georgia and that if discharged, the

Page 1302

employee shall not be entitled to receive and shall not receive a retirement benefit based on involuntary separation from employment without prejudice; (4) A statement that the employee has a right to a hearing before the employer on a specified date, which shall be at least five days prior to the date specified for the employee's discharge from employment; and (5) A statement that at the hearing before the employer, the employee shall be given an opportunity to offer explanations for the employee's conduct or deficiencies and to present evidence on the employee's behalf. (h) An employee being considered for discharge from employment because of insubordination or irresponsible performance of duties may be suspended without pay, except to the extent the employee has accumulated annual leave, pending the completion of the procedures provided for in subsections (g) and (i) of this Code section. If the employer's final decision is not to discharge the employee or if the employee's discharge is not upheld by the court upon judicial review provided for in Code Section 47-2-3, the compensation denied to the employee during suspension shall be reimbursed to the employee and, if applicable, accumulated leave used during the suspension shall be reinstated. (i) If an employee subject to the provisions of subsection (g) of this Code section fails to respond to the notice sent to the employee pursuant to said Code section or if the employer is not satisfied with the explanation made by the employee for the conduct or deficiencies specified in said notice and is not satisfied with the evidence presented in the employee's behalf, the employee may be discharged from employment on the date specified in said notice or on such later date as shall be specified in writing by the employer to the employee. The employee shall be notified, in writing, of the final decision of the employer and such notice shall provide an explanation for the employer's decision. (j) An employer discharging an employee pursuant to this Code section shall prepare a written report to the board of trustees on the discharge of the employee. Any notices or other written communications to the employee which relate to the employer's decision to discharge the employee shall be attached to and made a part of the employer's report to the board of trustees.

Page 1303

(k) It shall be the duty of any employer considering the discharge of an employee for any reason or combination of reasons specified in subsection (d) of this Code section to follow the procedures specified in this Code section as a condition precedent to the discharge of such employee. 47-2-3. (a) As used in this Code section, the term: (1) `Employee' means an employee subject to the provisions of Code Section 47-2-2 who is discharged from employment pursuant to that Code section and who is aggrieved by such discharge from employment. (2) `Employer' shall have the same meaning as the definition of that word provided in paragraph (3) of subsection (c) of Code Section 47-2-2. (b) An employee shall have the right to judicial review of the employee's discharge from employment pursuant to the provisions of Code Section 47-2-2. Proceedings for judicial review may be instituted by filing a petition within 30 days after the date the employee's discharge from employment becomes final as specified in the notice sent to the employee pursuant to subsection (i) of Code Section 47-2-2. The petition may be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the employee. The petition shall state the nature of the employee's interest and the grounds as specified in subsection (f) of this Code section upon which the employee contends that the employee's discharge from employment should be reversed or modified. The petition may be amended by leave of the court. The filing of the petition does not itself stay the enforcement of the employer's decision to discharge the employee, but the reviewing court may order a stay upon appropriate terms for good cause shown. (c) Within 30 days after service of the petition or within further time allowed by the court, the employer shall transmit to the reviewing court the original or a certified copy of the entire record, which shall include the report prepared by the employer pursuant to subsection (j) of Code Section 47-2-2, of the proceedings under review. The court may require or permit subsequent corrections or additions to the record.

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(d) If, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the hearing before the employer, the court may order that the additional evidence be taken before the employer upon conditions determined by the court. The employer may modify the employer's findings and decision to discharge the employee by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (e) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the employer, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs. (f) The court shall not substitute its judgment for that of the employer as to the weight of the evidence on questions of fact. The court may affirm the decision of the employer or remand the case for further proceedings. The court may reverse or modify the decision of the employer to discharge the employee if substantial rights of the employee have been prejudiced because the administrative findings, inferences, conclusions, or decision of the employer were: (1) In violation of constitutional or statutory provisions; (2) In excess of statutory authority of the employer; (3) Affected by other error of law; (4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (5) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (g) If the employee or the employer is aggrieved by a final judgment of the superior court under this Code section, either such party may obtain review of such final judgment pursuant to the provisions of Code Section 5-6-35.

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Section 3 . Said chapter is further amended by adding at the end of Code Section 47-2-123, relating to allowances payable upon death, disability, or involuntary separation from employment, two new subsections (g) and (h) to read as follows: (g) From and after January 1, 1985, no employing unit within the government of the State of Georgia, including every department, commission, board, bureau, agency, branch of government, or any other employing unit by whatever name called, which has the authority and power to appoint, employ, release, separate, or fail to reappoint public officials or employees shall release or separate from state service, or fail to reappoint to continued state service, any public official or employee who is entitled to coverage under the involuntary separation retirement benefits provisions of this Code section. A release, separation, or failure to reappoint in violation of the provisions of this subsection shall be illegal, unlawful, and void. However, such releases or separations from state service or failures to reappoint to continued state service shall not be subject to the provisions of this subsection if such releases or separations from service or failures to reappoint occur under any of the following circumstances: (1) Separation or release from service of an official or employee pursuant to Code Section 47-2-2 or separation or release from service of an official or the failure to reappoint an official by a board when such official serves at the pleasure of the board; (2) Separation or release from service of an official or employee for any reason which would constitute cause as defined in the rules and regulations of the State Personnel Board if such separation or release from service is not pursuant to Code Section 47-2-2; (3) Separation or release from service of an official or employee for criminal conduct under the laws of this state, any other state, or the United States; or (4) A `discretionary termination' which means any one of the following: (A) Separation or release from service of an official or employee under circumstances in which an official or employee is released or separated or any official's or employee's position or job is abolished through a valid reduction-in-force

Page 1306

plan approved by the State Merit System of Personnel Administration; (B) Separation or release from service of any official or employee by reason of a bona fide reorganization of any employing unit, with respect to which reorganization any such separations or releases have been approved in advance by the Governor; or (C) Separation or release from service of an official or employee, or failure of reappointment of an official or employee, who holds a confidential position to an appointed or elected public official, or a group of appointed or elected public officials, incurred as a result of a change of administration in the office of such appointed or elected public official, or group of appointed or elected public officials. (h) (1) Except where termination is required by a sudden and unexpected loss of federal or state funds, an employer intending the discretionary termination of an official or employee shall notify the commissioner of personnel administration at least 60 but not more than 120 days prior to the effective date of the discretionary termination of such official or employee. If termination is required by a sudden and unexpected loss of federal or state funds, the employer shall notify the commissioner of personnel administration as soon as the employer becomes aware of the loss of funds and the termination shall be delayed until the completion of the procedures required by this subsection. Pending the completion of such procedures, the employee or official proposed for termination because of a sudden and unexpected loss of federal or state funds shall be compensated from any funds appropriated or available to the employer which may be used for such purpose. The notice shall be in writing and a copy thereof shall be forwarded to the board of trustees at the same time it is forwarded to the commissioner of personnel administration. The notice shall include the following information: (A) The name and current annual compensation of the official or employee proposed for discretionary termination; (B) The age, length of service, current job description, and summary of the work experience of the official or employee proposed for discretionary termination;

Page 1307

(C) The educational qualifications of the official or employee proposed for discretionary termination; and (D) An explanation of the reasons for the proposed discretionary termination of the official or employee. (2) After receipt of the notice provided for in paragraph (1) of this subsection, the commissioner of personnel administration shall schedule an interview with the official or employee proposed for discretionary termination. The interview shall be held within 15 days after receipt of the notice. Based on the interview with the official or employee proposed for discretionary termination and the information provided by the notice received by the commissioner pursuant to paragraph (1) of this subsection, the commissioner of personnel administration shall contact appropriate state departments, boards, bureaus, and other agencies of the state government for the purpose of seeking continued employment for the official or employee proposed for discretionary termination. Any position for continued employment of the official or employee proposed for discretionary termination which is obtained by the commissioner of personnel administration shall meet the following requirements: (A) The annual compensation for such position shall be the same or greater than the current annual compensation of the official or employee proposed for discretionary termination; (B) The duties for such position shall be reasonably compatible with the previous work experience and educational qualifications of the official or employee proposed for discretionary termination; (C) The position shall be one which includes the holder thereof as a member of the retirement system provided for by this chapter; and (D) The position must be available for acceptance by the official or employee proposed for discretionary termination at least one day prior to the effective date of such termination and an offer of the position to the official or employee must be made, in writing, by not later than the day immediately preceding the effective date of the discretionary termination.

Page 1308

(3) Any official or employee proposed for discretionary termination who is offered a position of continued employment in conformity with the requirements of paragraph (2) of this subsection shall be deemed to have resigned from service at his or her own choice upon the failure of such official or employee to accept the position of continued employment, and no such official or employee so resigning from service shall qualify for retirement benefits based upon involuntary separation from employment without prejudice as authorized by this Code section. (4) If the commissioner of personnel administration fails to obtain a position of continued employment in conformity with the requirements of paragraph (2) of this subsection for an official or employee proposed for discretionary termination, then, on the effective date of the discretionary termination, the official or employee may be considered involuntarily separated from employment without prejudice for the purposes of this Code section. (5) The commissioner of personnel administration shall notify the board of trustees in writing of the action taken by the commissioner pursuant to this subsection and of any position of continued employment which is offered to and accepted or refused by an official or employee proposed for discretionary termination. (6) It is the intention of this subsection to provide procedures to secure the continued employment of officials and employees who may become subject to discretionary termination, and the provisions of this subsection shall not be construed to create any right to continue in a position of employment when that right does not exist independently of this subsection. Section 4 . Subject to the requirements of Section 5 of this Act, effective January 1, 1985, Code Section 47-2-123.1, relating to procedures and requirements applicable to the discretionary termination of certain employee members of the Employees' Retirement System of Georgia, shall stand repealed in its entirety. Section 5 . This Act shall become effective on January 1, 1985, only if a proposed amendment to the Constitution authorizing the General Assembly to revise provisions of public retirement or pension systems relating to involuntary separation from employment is ratified at the 1984 general election. In the event such proposed

Page 1309

constitutional amendment is not so ratified this Act shall be null, void, and of no force and effect and shall stand repealed in its entirety on January 1, 1985. Section 6 . Pursuant to the authority of the proposed constitutional amendment described in Section 5 of this Act and being contingent for its effectiveness on January 1, 1985, upon the ratification of such proposed constitutional amendment, this Act is exempt from the provisions of Chapter 20 of Title 47 of the Official Code of Georgia Annotated known as the Public Retirement Systems Standards Law. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. RETIREMENT AND PENSIONSCONTINUED EMPLOYMENT OF CERTAIN EMPLOYEES PROPOSED FOR INVOLUNTARY SEPARATION. Code Section 47-2-123.1 Enacted. No. 1275 (Senate Bill No. 355). AN ACT To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, providing for the Employees' Retirement System of Georgia, so as to provide procedures for the continued employment of certain employees proposed for involuntary separation from employment; to define terms in connection therewith; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

Page 1310

Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 2 of Title 47 of the Official Code of Georgia Annotated, providing for the Employees' Retirement System of Georgia, is amended by adding immediately following Code Section 47-2-123 a new Code Section 47-2-123.1 to read as follows: 47-2-123.1. (a) As used in this Code section, the term: (1) `Discretionary termination' means the termination from employment of an employee resulting from the reorganization or redesignation of positions or titles of employment by an employer, reduction of forces by an employer, or the replacement by an employer of an employee by another employee in the exercise of the employer's discretion in appointing members of the employer's staff, but the term does not mean or include termination from employment because of disability or for cause such as inefficiency, incompetency, neglect of duty, insubordination, immorality, or for other good and sufficient cause. (2) `Employee' means an employee as defined by paragraph (16) of Code Section 47-2-1 who, if involuntarily separated from employment without prejudice, would qualify to receive a retirement benefit because of such involuntary separation pursuant to the provisions of Code Section 47-2-123. (b) The word `employee' as defined in paragraph (2) of subsection (a) of this Code section shall include any such employee in the classified or unclassified service of the State Merit System of Personnel Administration provided by Chapter 20 of Title 45. The provisions of this Code section shall supersede that law and any rules or regulations promulgated pursuant thereto to the extent that such law and rules and regulations are in conflict or inconsistent with the provisions of this Code section. (c) At least 60 but not more than 120 days prior to the effective date of the discretionary termination of an employee, the employer intending the discretionary termination shall notify the commissioner of personnel administration. The notice shall be in writing and a copy thereof shall be forwarded to the board of trustees at the same time it is forwarded to the commissioner of personnel administration. The notice shall include the following information:

Page 1311

(1) The name and current annual compensation of the employee proposed for discretionary termination; (2) The age, length of service, current job description, and summary of the work experience of the employee proposed for discretionary termination; (3) The educational qualifications of the employee proposed for discretionary termination; and (4) An explanation of the reasons for the proposed discretionary termination of the employee. (d) After receipt of the notice provided for in subsection (c) of this Code section, the commissioner of personnel administration shall schedule an interview with the employee proposed for discretionary termination. The interview shall be held within 15 days after receipt of the notice. Based on the interview with the employee proposed for discretionary termination and the information provided by the notice received by the commissioner pursuant to subsection (c) of this Code section, the commissioner of personnel administration shall contact appropriate state departments, boards, bureaus, and other agencies of the state government for the purpose of seeking continued employment for the employee proposed for discretionary termination. Any position for continued employment of the employee proposed for discretionary termination which is obtained by the commissioner of personnel administration shall meet the following requirements: (1) The annual compensation for such position shall be the same or greater than the current annual compensation of the employee proposed for discretionary termination; (2) The duties for such position shall be reasonably compatible with the previous work experience and educational qualifications of the employee proposed for discretionary termination; (3) The position shall be one which includes the holder thereof as a member of the retirement system provided for by this chapter; and (4) The position must be available for acceptance by the employee proposed for discretionary termination at least one day prior to the effective date of such termination and an offer of the

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position to the employee must be made, in writing, by not later than the day immediately preceding the effective date of the discretionary termination. (e) Any employee proposed for discretionary termination who is offered a position of continued employment in conformity with the requirements of subsection (d) of this Code section shall be deemed to have resigned from service at his or her own choice upon the failure of such employee to accept the position of continued employment, and no such employee so resigning from service shall qualify for retirement benefits based upon involuntary separation from employment without prejudice as authorized by Code Section 47-2-123. (f) If the commissioner of personnel administration fails to obtain a position of continued employment in conformity with the requirements of subsection (d) of this Code section for an employee proposed for discretionary termination, then, on the effective date of the discretionary termination, the employee may be considered involuntarily separated from employment without prejudice for the purposes of Code Section 47-2-123. (g) The commissioner of personnel administration shall notify the board of trustees in writing of the action taken by the commissioner pursuant to subsection (d) of this Code section and of any position of continued employment which is offered to and accepted or refused by an employee proposed for discretionary termination. (h) It is the intention of this Code section to provide procedures to secure the continued employment of employees who may become subject to discretionary termination, and the provisions of this Code section shall not be construed to create any right to continue in a position of employment when that right does not exist independently of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984.

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JOINT PART-TIME STATE EMPLOYMENT STUDY COMMITTEE CREATED. No. 89 (House Resolution No. 644). A RESOLUTION Creating the Joint Part-time State Employment Study Committee; and for other purposes. WHEREAS, most agencies and departments of state government require part-time employees in order to provide greater flexibility in scheduling of work and in order to meet fluctuating workloads so as to adequately serve the citizens of the state; and WHEREAS, each agency or department may have a need to establish differing criteria for permanent part-time positions; and WHEREAS, part-time employment is particularly necessary in the case of certain occupations and professions in which those having specialized skills are not available for employment by the state on a full-time basis; and WHEREAS, the state should in fairness offer to part-time employees retirement benefits which are reasonably related to the services they perform for the state; and WHEREAS, the problem of equity to part-time employees and full-time employees is often complicated by transfer of part-time employees to full-time status; and WHEREAS, the state currently has no uniform policy concerning these matters and no mechanism for uniformly determining retirement benefits which will be equitable to part-time and full-time employees of the state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Part-time State Employment Study Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House, five members of the Senate to be appointed by the Lieutenant Governor, and five members appointed by the Governor. The chairman

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and the vice chairman of the committee shall be elected by the committee at its first meeting which shall be called by the Governor. BE IT FURTHER RESOLVED that the committee shall undertake a study of the matters discussed in the preamble to this resolution and shall seek to determine the best possible method of meeting the state's need for part-time employees and providing equitable retirement benefits to such part-time employees while maintaining the fiscal integrity of the state's retirement systems and treating full-time employees fairly in comparison with part-time employees. 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 1, 1985, at which time the committee shall stand abolished. Approved April 4, 1984. TEACHERS RETIREMENT SYSTEM OF GEORGIADEFINITION OF TEACHER CHANGED. Code Title 47, Chapter 3 Amended. No. 1276 (House Bill No. 143). 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 change the provisions relative to definitions; to prohibit membership in the retirement system of certain categories of persons after a certain date; to change the provisions relative to allowance on service retirement and the calculation of average 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 . 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 47-3-1, relating to definitions, a new paragraph to read as follows: Notwithstanding the provisions of subparagraphs (N) and (P) of paragraph (28) of this Code section, no person becoming an employee of the Georgia Association of Educators, the Georgia High School Association, or the Georgia School Boards Association or becoming the executive secretary of the Georgia Vocational Association after June 30, 1984, shall be a `teacher' within the meaning of paragraph (28) of this Code section or shall be eligible for membership in the retirement system provided for by this chapter unless the person holding any such position is also a `teacher' within the meaning of a subparagraph of paragraph (28) of this Code section other than subparagraph (N) or (P). Subparagraphs (N) and (P) of paragraph (28) of this Code section shall remain effective after June 30, 1984, only for the purpose of allowing any person who was a member of the retirement system on June 30, 1984, because the person held a position specified by said subparagraph (N) or (P) to continue such membership as long as the person continues to hold such position. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 47-3-120, relating to allowance on service retirement, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Upon service retirement, a member shall receive an allowance which shall consist of: (1) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and

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(2) An annual pension which, together with the annuity set forth in paragraph (1) of this subsection, shall provide a total allowance equal to 2 percent of the member's average compensation over the two consecutive years of creditable service producing the highest such average, multiplied by the number of the member's years of creditable service, not to exceed 40. The computation of average compensation for the purposes of this paragraph shall be subject to the requirements of subsection (d) of this Code section. The minimum allowance to be received by any member upon retirement shall not be less than $12.00 per month for each year of creditable service, not to exceed 40 years of creditable service. Section 3 . Said chapter is further amended by adding at the end of Code Section 47-3-120, relating to allowance on service retirement, a new subsection (d) to read as follows: (d) (1) No more than two increases in compensation granted during the two consecutive years on which average compensation is based under paragraph (2) of subsection (a) of this Code section shall be considered in the computation of such average compensation. For those members who are not employees of the Board of Regents of the University System of Georgia, that part of any such increase in compensation which exceeds a percentage equal to the average annual increase in compensation granted to classroom teachers by appropriations of the General Assembly, plus 2 1/2 percent of compensation received at the time the annual increase granted by appropriations becomes effective, shall not be considered in the computation of average compensation. For those members who are employees of the Board of Regents of the University System of Georgia, that part of any such increase in compensation which exceeds a percentage equal to the average annual increase in compensation granted to academic personnel employed by said board of regents by appropriations of the General Assembly, plus 2 1/2 percent of compensation received at the time the annual increase granted by appropriations becomes effective, shall not be considered in the computation of average compensation. (2) That part of any decrease in compensation made during the two consecutive years on which average compensation is based under paragraph (2) of subsection (a) of this Code section which

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exceeds two 5 percent decreases shall not be considered in computing average compensation. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. PENAL INSTITUTIONSPROBATIONDUTY OF PROBATIONER TO REPORT TO PROBATION SUPERVISOR, ETC. Code Section 42-8-36 Amended. No. 1277 (House Bill No. 536). AN ACT To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to change the provisions relating to the duty of probationers to inform their probation supervisors of their residences; to provide for any unpaid fines, restitution, or any other moneys owed as a condition of probation after a probationer fails to report to his probation supervisor; 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 striking in its entirety Code Section 42-8-36, relating to the duty of a probationer to inform his probation supervisor of his residence, and inserting in lieu thereof a new Code Section 42-8-36 to read as follows: 42-8-36. (a) Any other provision of this article to the contrary notwithstanding, it shall be the duty of a probationer, as a condition

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of probation, to keep his probation supervisor informed as to his residence. Upon the recommendation of the probation supervisor, the court may also require, as a condition of probation and under such terms as the court deems advisable, that the probationer keep the probation supervisor informed as to his whereabouts. The failure of a probationer to report to his probation supervisor as directed or a return of non est inventus or other return to a warrant, for the violation of the terms and conditions of probation, that the probationer cannot be found in the county that appears from the records of the probation supervisor to be the probationer's county of residence shall automatically suspend the running of the probated sentence until the probationer shall personally report to the probation supervisor or to report as otherwise directed; and such period of time shall not be included in computing creditable time served on probation nor as any part of the time that the probationer was sentenced to serve. The effective date of the tolling of the sentence shall be the date that the judge signs the order tolling the sentence. Upon such facts being made known to the court by the probation supervisor, the court is authorized to revoke the probation without notice to the probationer. (b) Any unpaid fines, restitution, or any other moneys owed as a condition of probation shall be due when the probationer is arrested; but, if the entire balance of his probation is revoked, all the conditions of probation, including moneys owed, shall be negated by his imprisonment. If only part of the balance of the probation is revoked, the probationer shall still be responsible for the full amount of the unpaid fines, restitution, and other moneys upon his return to probation after release from imprisonment. Section 2 . This Act shall become effective upon its approval by 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 4, 1984.

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BUSINESS CORPORATIONSVENUE IN GARNISHMENT PROCEEDINGSSERVICE OF SUMMONS. Code Sections 14-2-63 and 18-4-23 Amended. No. 1278 (House Bill No. 542). AN ACT To amend Article 4 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to registered offices and agents, service of process, and venue with regard to corporations, so as to provide for venue in garnishment proceedings; to amend Article 2 of Chapter 4 of Title 18, relating to property and persons subject to garnishment, so as to change the provisions relative to service of a summons of garnishment on a corporation; to provide for applicability; 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 14 of the Official Code of Georgia Annotated, relating to registered offices and agents, service of process, and venue with regard to corporations, is amended by striking Code Section 14-2-63, relating to venue in proceedings against a corporation, in its entirety and inserting in lieu thereof a new Code Section 14-2-63 to read as follows: 14-2-63. (a) Venue in proceedings against a corporation shall be determined in accordance with the pertinent constitution and statutory provisions of this state in effect as of April 1, 1969, or thereafter. (b) For the purpose of determining venue, each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside in the county where its registered office is maintained. If any such corporation fails to maintain a registered office, it shall be deemed to reside in the county in this state where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained. The residence established by this subsection shall be in addition to, and not in limitation of, any other residences that any domestic or foreign corporation may have by reason of other laws.

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(c) For the purpose of determining venue, each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside and may be sued on contracts in that county in which the contract sought to be enforced was made or is to be performed, if it has an office and transacts business in that county. The residence established by this subsection shall be in addition to, and not in limitation of, any other residences that any domestic or foreign corporation may have by reason of other laws. (d) For the purpose of determining venue, each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside and may be sued for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if the corporation has an office and transacts business in that county. The residence established by this subsection shall be in addition to, and not in limitation of, any other residences that any domestic or foreign corporation may have by reason of other laws. (e) For the purpose of determining venue in a garnishment proceeding, each domestic and foreign corporation authorized to transact business in this state shall be deemed to reside in the county in which is located the corporate office or place of business where the employee who is the defendant in the main action is employed. The residence established by this subsection shall be in addition to, and not in limitation of, any other residences that any domestic or foreign corporation may have by reason of other laws. (f) No domestic corporation in existence on April 1, 1969, and no foreign corporation authorized to transact business in this state on April 1, 1969, shall be considered as failing to maintain a registered office until the time has expired for the filing of the first annual report of such corporation pursuant to this chapter. (g) Whenever this chapter either requires or permits an action or proceedings against a corporation to be brought in the county where the registered office of the corporation is maintained, if the action or proceeding is against a corporation having a principal office as required under the prior general corporation law, such action or proceeding may be brought in the county where such principal office is located.

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Section 2 . Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment, is amended by striking Code Section 18-4-23, relating to the manner of service of a summons of garnishment on corporations, in its entirety and inserting in lieu thereof a new Code Section 18-4-23 to read as follows: 18-4-23. Service of a summons of garnishment shall be made by serving the agent in charge of the office or other place of business where the defendant is employed. In the event that such service cannot be made, then service of a summons of garnishment upon the agent in charge of either the registered office or the principal place of business of a corporation shall be suficient. Section 3 . This Act shall apply to all garnishment proceedings commenced on or after July 1, 1984. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. GUARDIAN AND WARDALTERNATIVE PROCEDURES FOR OBTAINING LETTERS OF DISMISSION. Code Section 29-2-84 Amended. No. 1279 (House Bill No. 984). AN ACT To amend Code Section 29-2-84 of the Official Code of Georgia Annotated, relating to procedures for obtaining letters of dismission, so as to provide for alternative procedures for guardians of minor wards; to repeal conflicting laws; and for other purposes.

Page 1322

Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 29-2-84 of the Official Code of Georgia Annotated, relating to procedures for obtaining letters of dismission, is amended by designating the existing paragraph thereof as subsection (a) and inserting immediately thereafter a new subsection (b) to read as follows: (b) In all cases in which the estate does not exceed $2,500.00, a guardian may be granted letters of dismission without compliance with subsection (a) of this Code section if: (1) That guardian was appointed for a minor ward who would not otherwise require a guardian but for that minority; (2) That ward has reached the age of majority; (3) That guardian has filed verified application for letters of dismission setting forth the guardian's full discharge of the duties of that trust; and (4) That guardian has made a satisfactory final accounting to the judge of the probate court. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984.

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INCOME TAXATIONMANNER OF COMPUTING NET INCOME OF CORPORATIONS CHANGED. Code Title 48, Chapters 1 and 7 Amended. No. 1280 (House Bill No. 1016). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, so as to change the manner of computing Georgia taxable net income of corporations for purposes of income taxation; 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 paragraph (14) of Code Section 48-1-2, relating to definitions, and inserting in its place a new paragraph to read as follows: (14) `Internal Revenue Code' or `Internal Revenue Code of 1954' means the United States Internal Revenue Code of 1954 as it existed on January 1, 1981. In the event a reference is made in this title to the Internal Revenue Code as it existed on a specific date prior to or later than January 1, 1981, the term means the Internal Revenue Code as it existed on the prior or later date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954 in force and effect on January 1, 1981. Section 2 . Said title is further amended by adding a new Code Section 48-7-38 to read as follows: 48-7-38. For purposes of determining the Georgia taxable net income of small business corporations and their shareholders, the provisions of Subchapter S of Chapter 1 of Subtitle A of the Internal Revenue Code of 1954, as such provisions existed on January 1, 1983, shall apply for all Georgia taxable years beginning on or after January 1, 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. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. LABOR AND INDUSTRIAL RELATIONSAMOUNT OF MINIMUM WAGE CHANGED. Code Section 34-4-3 Amended. No. 1281 (House Bill No. 1207). AN ACT To amend Code Section 34-4-3 of the Official Code of Georgia Annotated, relating to the amount of minimum wage to be paid by employers, so as to change the amount of the minimum wage; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 34-4-3 of the Official Code of Georgia Annotated, relating to the amount of minimum wage to be paid by employers, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as otherwise provided in this Code section, every employer, whether a person, firm, or corporation, shall pay to all covered employees a minimum wage which shall be not less than $3.25 per hour for each hour worked in the employment of such employer.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. COUNTY BOARDS OF HEALTHMEMBERSHIP, TERMS, MANNER OF FILLING VACANCIES, ETC. Code Title 31, Chapter 3 Amended. No. 1282 (House Bill No. 1068). AN ACT To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to change the membership, terms, and method of filling vacancies in county boards of health; to authorize county boards of health to provide environmental health services and to charge and collect environmental health service fees under certain conditions; to provide that such fees may be charged to premises for inspecting said premises; to provide for the use of said fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 3 of Title 31 of Official Code of Georgia Annotated, relating to county boards of health, is amended by designating subsection (c) of Code Section 31-3-2, relating to composition of county boards of health, as subsection (e) and by striking subsections (a) and (b) thereof and inserting in their place new subsections (a), (b), (c), and (d), to read as follows: (a) Each county board of health shall be composed of seven members as follows:

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(1) One member shall be the chief executive officer of the governing authority of the county, by whatever name called, or some member designated by said officer; in counties where the governing authority is the judge of the probate court of the county, he shall be the member so appointed; (2) One member shall be the county superintendent of schools; (3) One member to be appointed by the governing authority of the county, shall be a physician actively practicing medicine in the county and licensed under Chapter 34 of Title 43, unless there is no physician actively practicing in the county who is willing and able to serve, in which case a person licensed as a nurse or dentist under Chapter 26 or 11, respectively, of Title 43, and actively practicing such profession in the county shall be appointed; (4) One member to be appointed by the governing authority of the county who shall be a consumer, a representative of a consumer, or a person from an advocacy agency or group, which member will represent on the board the county's consumers of mental health, mental retardation, and substance abuse services; (5) One member to be appointed by the governing authority of the largest municipality in the county who shall be a person interested in promoting public health who is a consumer or a nurse licensed under Chapter 26 of Title 43; (6) One member to be appointed by the governing authority of the county who shall be a consumer member who will represent on the board the county's needy, underprivileged, or elderly community; and (7) One member shall be the chief executive officer of the governing authority of the largest municipality of the county, by whatever name called, or some member designated by said officer. (b) No member appointed to the county board of health shall be an employee of the county board of health or of the department. (c) The terms of the members of county boards of health serving as such on June 30, 1985, and who are serving in membership positions required to be filled by grand jury appointment, shall expire

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at the end of June 30, 1985, and upon the appointment and qualification of their successors. (d) The initial term of the member first appointed pursuant to paragraph (3) of subsection (a) of this Code section shall begin July 1, 1985, and shall expire December 31, 1987; the initial term of the member first appointed pursuant to paragraph (4) of subsection (a) of this Code section shall begin July 1, 1985, and shall expire December 31, 1986; the initial term of the member first appointed pursuant to paragraph (6) of subsection (a) of this Code section shall begin July 1, 1984, and expire December 31, 1985; and the initial term of the member first appointed pursuant to paragraph (5) of subsection (a) of this Code section shall begin July 1, 1984, and shall expire December 31, 1986. After these initial terms, members appointed pursuant to paragraphs (3), (4), (5), and (6) of subsection (a) of this Code section shall take office the first day of January immediately following the expiration of the immediately preceding term of that office and serve terms of six years and until their successors are appointed and qualified. Vacancies in any such membership shall be filled, for the unexpired term and until a successor is appointed and qualified, in the same manner as the original appointment. (e) Persons holding office as members pursuant to paragraph (1), (2), or (7) of subsection (a) of this Code section shall serve as members while holding their offices as chief executive officer of the governing authority of the county, county superintendent of schools, or chief executive officer of the largest municipality of the county, respectively. Section 2 . Said chapter is further amended by striking Code Section 31-3-4, relating to powers of county boards of health, in its entirety and substituting in lieu thereof a new Code Section 31-3-4 to read as follows: 31-3-4. (a) The county board of health is empowered to: (1) Establish and adopt bylaws for its own governance. Meetings shall be held no less frequently than quarterly; (2) Exercise responsibility and authority in all matters within the county pertaining to health unless the responsibility for enforcement of such is by law that of another agency;

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(3) Take such steps as may be necessary to prevent and suppress disease and conditions deleterious to health and to determine compliance with health laws and rules, regulations, and standards adopted thereunder; (4) Adopt and enforce rules and regulations appropriate to its functions and powers, provided such rules and regulations are not in conflict with the rules and regulations of the department. Such rules and regulations must be reasonably adapted to the purposes intended and must be within the purview of the powers and duties imposed upon the county board of health by this chapter; (5) Receive and administer all grants, gifts, moneys, and donations for purposes pertaining to health pursuant to this chapter; (6) Make contracts and establish fees for the provision of mental health and other public health services provided by county boards of health, including but not limited to environmental health services, which fees may be charged to persons or to establishments and premises within the county for inspection of such establishments, premises, structures and appurtenances thereto, or for other county board of health services. All such fees may be used to defray costs of providing such local services and shall supplement but not replace state or federal funding. No person shall be denied services on the basis of his inability to pay. The scope of services, operating details, contracts, and fees approved by the county board of health shall also be approved by the district director of health. No fees for environmental health services may be charged unless the schedule of fees for such services has been approved by the county governing authority; and (7) Contract with the Department of Human Resources or other agencies for assistance in the performance of its functions and the exercise of its powers and for supplying services which are within its purview to perform, provided that such contracts and amendments thereto shall have first been approved by the department. In entering into any contracts to perform its functions and to exercise its powers, and for supplying services which are within its purview to perform, any county board of health or any health district created under the authority of Code Section 31-3-15 shall

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be considered an agency and such agency shall have the authority to contract with any other county board of health; combination of county boards of health; any other health district; public or private hospitals; hospital authorities; medical schools; training and educational institutions; departments and agencies of the state; county or municipal governments; persons, partnerships, corporations, and associations, public or private; the United States government or the government of any other state; or any other legal entity. (b) The provisions of paragraph (6) of subsection (a) of this Code section shall not apply to any consolidated city-county government. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. MOTOR VEHICLES AND TRAFFICLICENSING AND EQUIPMENT REQUIREMENTS APPLICABLE TO CERTAIN VEHICLES USED FOR AGRICULTURAL PURPOSES. Code Title 40 Amended. No. 1283 (House Bill No. 1209). AN ACT To amend Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to required registration and licensing of motor vehicles, so as to provide an exemption from those requirements for three-wheeled motorcycles used only for agricultural purposes; to amend Code Section 40-5-23 of the Official Code of Georgia Annotated, relating to classes of drivers' licenses, so as to provide that operators of three-wheeled motorcycles used only for agricultural

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purposes shall be required to have a Class 2 driver's license; to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to required headgear and eye-protective devices for motorcycle riders, so as to provide an exception for persons operating three-wheeled motorcycles used only for agricultural purposes; to amend Code Section 40-8-1 of the Official Code of Georgia Annotated, relating to application of laws relating to equipment and inspection of motor vehicles, so as to provide an exemption for three-wheeled motorcycles used only for agricultural purposes; to amend Code Section 40-8-4 of the Official Code of Georgia Annotated, relating to required emblems for slow-moving vehicles, so as to require such emblems for three-wheeled motorcycles used only for agricultural purposes; to amend Code Section 40-8-33 of the Official Code of Georgia Annotated, relating to required use of lights on farm tractors equipped with lights, so as to require use of lights on three-wheeled motorcycles used only for agricultural purposes which are equipped with lights; to provide for 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 40-2-20 of the Official Code of Georgia Annotated, relating to required registration and licensing of motor vehicles, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-34 or 40-2-35, whichever is applicable; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm;

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(5) To any motorized cart; or (6) To any moped. Section 1 A . Code Section 40-5-23 of the Official Code of Georgia Annotated, relating to classes of drivers' licenses, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The classes of motor vehicles for which operators may be licensed shall be as follows: Class 1All vehicles and combinations not included within Classes 2, 3, 4, and 5; Class 2Motorcycles, motor-driven cycles, and three-wheeled motorcycles used only for agricultural purposes; Class 3Vehicles 80 inches or wider, designed to carry more than ten passengers, and all vehicles included within Class 1; Class 4Trucks licensed and registered for a gross weight of 24,000 pounds or more, and all vehicles included within Classes 1 and 3; Class 5Truck-tractor-semitrailer combinations and any vehicle-trailer combination in which the trailer exceeds 29 feet in length, or exceeds 4,500 pounds gross weight, or exceeds eight feet in width, and all vehicles included within Classes 1, 3, and 4. Any applicant for a Class 3, 4, or 5 license must possess a valid Georgia driver's license for Class 1 vehicles. Section 2 . Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to required headgear and eye-protective devices for motorcycle riders, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes.

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Section 3 . Code Section 40-8-1 of the Official Code of Georgia Annotated, relating to application of laws relating to equipment and inspection of motor vehicles, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) This article shall not apply to implements of husbandry, road machinery, road rollers, farm tractors, or three-wheeled motor-cycles used only for agricultural purposes, except when expressly made applicable. This article shall not apply to motorized carts. Section 4 . Code Section 40-8-4 of the Official Code of Georgia Annotated, relating to required emblems for slow-moving vehicles, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) It shall be unlawful for any person to operate upon the public roads of this state any slow-moving vehicle or equipment, any animal drawn vehicle, or any machinery designed for use and generally operated at speeds less than 25 miles per hour, including all road construction or maintenance equipment and machinery except when engaged in actual construction or maintenance procedures and all other construction equipment and machinery, unless there is displayed on the rear thereof an emblem which shall comply with subsection (b) of this Code section. It shall also be unlawful to operate upon the public roads of this state without such an emblem any three-wheeled motorcycle used only for agricultural purposes unless such three-wheeled motorcycle is licensed as required by Chapter 2 of this title and is in compliance with all other requirements of this chapter. Section 5 . Code Section 40-8-33 of the Official Code of Georgia Annotated, relating to required use of lights on farm tractors equipped with lights, is amended by striking the entire Code section and inserting in its place the following new Code section: 40-8-33. Every farm tractor and every three-wheeled motorcycle used only for agricultural purposes equipped with an electric lighting system shall at all times mentioned in Code Section 40-8-20 display a red tail light and either multiple-beam or single-beam road lighting equipment meeting the requirements of Code Sections 40-8-23 and 40-8-30, respectively. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. MOTOR VEHICLE ACCIDENT INSURANCEPROOF OF FINANCIAL RESPONSIBILITY REQUIRED TO BE FILED IN CERTAIN CASES. Code Title 33, Chapter 34 Amended. No. 1284 (House Bill No. 1220). AN ACT To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, so as to require a person convicted of certain violations to file and maintain proof of financial responsibility for a period of three years; to require the insurer of the vehicle of such person to send notice of the cancellation of a policy of insurance provided as such proof; 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, known as the Georgia Motor Vehicle Accident Reparations Act, is amended by adding after subparagraph (a)(2)(B) of Code Section 33-34-10, relating to requirements of proof of insurance for motor vehicles, a new subparagraph (C) to read as follows: (C) Any person convicted of a violation under this subsection shall additionally comply with the requirements of subsection (a) of Code Section 33-34-10.1.

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Section 2 . Said chapter is further amended by adding after paragraph (3) of subsection (c) of Code Section 33-34-10, relating to requirements of proof of insurance for motor vehicles, a new paragraph (4) to read as follows: (4) Any person convicted of a violation under this subsection shall additionally comply with the requirements of subsection (a) of Code Section 33-34-10.1. Section 3 . Said chapter is further amended by inserting between Code Sections 33-34-10 and 33-34-11 a new Code Section 33-34-10.1 to read as follows: 33-34-10.1. (a) Any person convicted of a violation of subsection (a) or subsection (c) of Code Section 33-34-10 shall be required to file with the department and maintain for a period of three years from the date of conviction proof of financial responsibility, as such term is defined in paragraph (5) of Code Section 40-9-2. (b) If the proof of financial responsibility filed in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the department is given at least 30 days' prior written notice of such cancellation. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984.

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PROPERTYEFFECT OF RECORDED LIFETIME TRANSFER BY ALL JOINT TENANTS, ETC. Code Title 44, Chapters 2 and 6 Amended. No. 1285 (House Bill No. 1265). AN ACT To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide that a recorded lifetime transfer by all the joint tenants of a joint tenancy shall not result in a severance of any tenant's interest; to provide that purchasers from a surviving joint tenant shall be protected against unrecorded liens or conveyances executed or created by a deceased joint tenant; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by striking Code Section 44-2-4, relating to protection against unrecorded conveyances or liens, in its entirety and inserting in lieu thereof a new Code Section 44-2-4 to read as follows: 44-2-4. (a) All innocent persons, firms, or corporations acting in good faith and without actual notice which purchase real or personal property for value or obtain contractual liens on the property from distributees, devisees, legatees, or heirs at law holding or apparently holding real or personal property by will or inheritance from a deceased person shall be protected in the purchase of the property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by the deceased person upon or to the property in like manner and to the same extent as if the property had been purchased or the lien acquired from the deceased person. (b) All innocent persons, firms, or corporations which purchase real or personal property for value or obtain contractual liens on the property from a surviving joint tenant, or surviving joint tenants, holding or apparently holding real or personal property as a surviving

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joint tenant, or surviving joint tenants, shall be protected in the purchase of the property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by a deceased joint tenant upon or to the property, and as against other unrecorded instruments resulting in a severance of any joint tenant's interest, in like manner and to the same extent as if the property had been purchased or the lien acquired from the deceased joint tenant and surviving joint tenant, or surviving joint tenants. Section 2 . Said title is further amended by striking subsection (a) of Code Section 44-6-190, relating to how a joint tenancy with survivorship is created and severance of a joint tenancy, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Deeds and other instruments of title, including any instrument in which one person conveys to himself and one or more other persons, any instrument in which two or more persons convey to themselves or to themselves and another or others, and wills taking effect after January 1, 1977, may create a joint interest with survivorship in two or more persons. Any instrument of title in favor of two or more persons shall be construed to create interests in common without survivorship between or among the owners unless the instrument expressly refers to the takers as `joint tenants,' `joint tenants and not as tenants in common,' or `joint tenants with survivorship' or as taking `jointly with survivorship.' Any instrument using one of the forms of expression referred to in the preceding sentence or language essentially the same as one of these forms of expression shall create a joint tenancy estate or interest that may be severed as to the interest of any owner by the recording of an instrument which results in his lifetime transfer of all or a part of his interest; provided, however, that, if all persons owning joint tenant interests in a property join in the same recorded lifetime transfer, no severance shall occur. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984.

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LOCAL GOVERNMENTACTIONS PURSUANT TO GRANTED POWERS DECLARED TO BE IN EXERCISE OF STATE POLICY. Code Title 36, Chapter 19 Enacted. No. 1286 (House Bill No. 1317). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a declaration by the General Assembly of Georgia that in the exercise of the powers granted to them, local governing authorities of cities and counties are acting pursuant to state policy; to articulate clearly and express affirmatively the policy of the State of Georgia that such local governing authorities in the exercise of such powers shall be immune from antitrust liability to the same degree and extent as enjoyed by the State of Georgia; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding immediately following Chapter 18, a new Chapter 19, to read as follows: CHAPTER 19 36-19-1. It is declared by the General Assembly of Georgia that in the exercise of powers specifically granted to them by law, local governing authorities of cities and counties are acting pursuant to state policy. 36-19-2. This chapter is intended to articulate clearly and express affirmatively the policy of the State of Georgia that in the exercise of such powers, such local governing authorities shall be immune from antitrust liability to the same degree and extent as enjoyed by the State of Georgia.

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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 4, 1984. GEORGIA PRIVATE DETECTIVE AND SECURITY AGENCIES ACT AMENDED. Code Title 43, Chapter 38 Amended. No. 1287 (House Bill No. 1337). AN ACT To amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to change certain provisions relating to bonds of licensees; to change certain provisions relating to net worth affidavits; to change the provisions relating to disposition of applicants' fingerprints; to change the provisions relating to the denial or revocation of licenses and discipline of licensees and persons registered under such chapter; to provide for fines; to restrict the authority of municipalities and counties to license persons required to be licensed under this chapter; to change and clarify the provisions relating to the penalty for a violation of Chapter 38 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 . Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, is amended by striking in its entirety

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subsection (d) of Code Section 43-38-6, relating to licensing requirements under the Georgia Private Detective and Security Agencies Act, and inserting in lieu thereof a new subsection (d) to read as follows: (d) (1) In addition to the requirements enumerated in this Code section, each applicant for a license under this chapter shall provide satisfactory evidence to the board that the prospective licensee has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $25,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this chapter and would be grounds for denial, suspension, or revocation of a license under Code Section 43-38-11. Immediately upon the granting of a license, such bond shall be filed with the joint-secretary by the licensee and shall be approved by the joint-secretary as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the joint-secretary prior to the granting of a license for the joint-secretary's approval as heretofore mentioned. No licensee shall cancel or cause to be canceled a bond issued pursuant to this Code section unless the board is so informed in writing by certified mail at least 30 days prior to the proposed cancellation. In lieu of the required bond, the prospective licensee may submit a net worth affidavit, prepared using standard accounting procedures, which affidavit indicates that the prospective licensee has a net worth of more than $50,000.00. The board, in its discretion, may accept a financial affidavit in lieu of the bond required by this subsection. The board, in its discretion, may require licensees under this Code section to submit periodic financial updates to ensure continued financial responsibility. If the surety or licensee fails to submit, within ten days of the effective date of cancellation, a new bond or a net worth statement as outlined in this subsection, the board shall have the authority to revoke any license issued under this chapter. (2) If the surety or licensee cancels the bond and the licensee fails to submit either, within ten days of the effective date of the cancellation, a new bond or a net worth statement showing that the licensee has a net worth of $50,000.00, calculated according to standard accounting procedures, the board may revoke his license.

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Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-38-9, relating to disposition of applicants' fingerprints, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board shall forward the necessary fingerprints received from each prospective licensee and registrant to the Georgia Crime Information Center or the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by such bureau and the fingerprint system of investigation established by the Federal Bureau of Investigation. Section 3 . Said chapter is further amended by striking in its entirety Code Section 43-38-11, relating to grounds for denial or sanction of licenses and registrations, and inserting in lieu thereof a new Code Section 43-38-11 to read as follows: 43-38-11. (a) The board shall have the authority to refuse to grant a license or registration to an applicant therefor or to revoke the license or registration of a person licensed or registered by the board or to discipline a person licensed or registered by the board upon a finding by a majority of the entire board that the licensee, registrant, or applicant has: (1) Failed to demonstrate the qualifications or standards for a license or registration contained in this chapter or the rules or regulations under which licensure is sought or held; 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 or registration and, if the board is not satisfied as to the applicant's qualifications, it may deny a license or registration without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires; (2) Made any false statement or given any false information in connection with an application for license or registration, including an application for renewal or reinstatement thereof; (3) Knowingly violated this chapter or violated any rule or regulation promulgated by the board pursuant to the authority contained in this chapter;

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(4) Been convicted, in the courts of this state or of the United States, or in the courts of 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 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. For purposes of this subsection, a `conviction' shall be deemed to include a finding or verdict of guilty or plea of guilty, regardless of whether an appeal of the conviction has been sought; (5) 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, where: (A) A plea of nolo contendere was entered to the charge; (B) First offender treatment was granted without adjudication of guilt pursuant to the charge; 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 Article 3 of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (6) Become unable to engage in the private detective or private security business with reasonable skill and safety to the public by reason of illness; use of alcohol, drugs, narcotics, chemicals, or any other type of material; or any other mental or physical condition. The board may, however, after investigation of the circumstances surrounding each application, approve for licensure and registration those individuals who produce certified medical evidence of having been successfully treated and cured of alcoholism, drug addiction, or mental illness; (7) Committed any act in the practice of the private detective or private security business constituting dishonesty or fraud;

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(8) Impersonated, or permitted or aided and abetted any other person to impersonate, a law enforcement officer or employee of the United States or of this state or of any political subdivision thereof in the practice of the private detective or private security business; (9) Engaged in, or permitted any employee to engage in, the private detective or private security business without a valid license or registration issued under this chapter; (10) Willfully failed or refused to render a service or to tender a report to a client in connection with the private detective or private security business as agreed between the parties and for which compensation was paid or tendered in accordance with the agreement of the parties; (11) Committed a felony, any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpitude; (12) Knowingly violated, or advised, encouraged, or assisted in the violation of, any court order or injunction in the course of the private detective or private security business or knowingly advised, encouraged, or assisted in the violation of any lawful order issued by the board; (13) Failed to renew a canceled bond in accordance with Code Section 43-38-6 or failed to supply the financial affidavit required in lieu thereof; (14) Undertaken to give legal advice or counsel; misrepresented that he is representing an attorney or is appearing or will appear in any legal proceeding; issued, delivered, or uttered any simulation of process of any nature which might lead a person to believe that such simulation, whether written, printed, or typed, may be a summons, warrant, writ, or other court process or pleading in any court proceeding; or (15) Failed to demonstrate the qualifications or standards for licensure or registration contained in this chapter or in the rules and 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 licensure or registration; and, if the

Page 1343

board is not satisfied as to the applicant's qualifications, it shall have the power to deny such licensure or registration. (b) (1) If the board finds that any applicant for licensure or any prospective registrant is unqualified to be granted such license or to be registered, the board may: (A) Deny the application for licensure or registration; or (B) Limit or restrict any license or registration for a definite period of time. (2) If, after notice and hearing, the board finds that the license or registration of any holder thereof should be revoked or otherwise sanctioned, the board may take any one or more of the following actions: (A) Administer a public reprimand; (B) Suspend any license or registration for a definite period of time; (C) Limit or restrict any license or registration for a definite period of time; (D) Revoke or suspend a license or registration; (E) Fine any licensee or registrant in an amount not to exceed $500.00; or (F) Place a license or registration on probation for a definite period of time and impose such conditions of probation as will adequately protect the public during that period. In its discretion, the board may restore or reinstate a license or registration which has been sanctioned and, in conjunction therewith, may impose any disciplinary or corrective action provided for in this chapter. (c) Initial judicial review of a final decision of the board shall be had solely in the Superior Court of Fulton County.

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Section 4 . Said chapter is further amended by adding between Code Sections 43-38-14 and 43-38-15 a new Code Section 43-38-14.1 to read as follows: 43-38-14.1 (a) No municipality, county, or other political subdivision of this state shall grant a business license to any person required to be licensed under this chapter until such person has made bona fide application to the board to be licensed under this chapter and the board has taken action under the application other than refusal, cancellation, revocation, or failure to renew the applicant's license. (b) As used in this Code section, the term `person' shall mean any individual, firm, association, partnership, or corporation. Section 5 . Said chapter is further amended by striking Code Section 43-38-16 in its entirety and inserting in lieu thereof a new Code Section 43-38-16 to read as follows: 43-38-16. Any person who engages in the private detective business or private security business or offers, pretends, or holds himself out as eligible to engage in the private detective business or private security business and who is not legally licensed or registered under this chapter shall be guilty of a misdemeanor. Each day or fraction of a day that he practices in violation of this chapter shall constitute a separate offense. 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 4, 1984.

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INSURANCEPREMIUM FINANCE COMPANIESNOTICES OF CANCELLATION, ETC. Code Title 33, Chapters 22 and 24 Amended. No. 1288 (House Bill No. 1358). AN ACT To amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, and Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for notices of cancellation; to provide for the content of such notices; to provide for the disposition and return of unearned premiums upon cancellation of an insurance policy or contract; to provide for penalties for the failure to return unearned premiums; to provide for notices of nonrenewal; to require insurers to provide reasons for nonrenewal; to provide for matters relative to the foregoing; to provide for editorial revision; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, is amended by striking Code Section 33-22-12, relating to notification to an insurer of the existence of a premium finance agreement, in its entirety and inserting in lieu thereof a new Code Section 33-22-12 to read as follows: 33-22-12. Any premium finance company which enters into a premium finance agreement under this chapter shall notify the insurer whose premiums are being financed of the existence of the agreement. A draft of the premium finance company made payable directly to the order of the insurer of the premium due such insurer for a policy or policies financed by such premium finance company shall constitute sufficient notice under this Code section. The insurer shall not be required to comply with Code Sections 33-22-13 and 33-22-14 until notification of the existence of the insurance premium finance agreement has been furnished to the insurer in accordance with this Code section.

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Section 2 . Said chapter is further amended by striking subsection (c) of Code Section 33-22-13, relating to the procedure for cancellation of an insurance contract upon default, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) After expiration of such ten-day period, the premium finance company may thereafter in the name of the insured cancel such insurance contract or contracts by mailing to the insurer a notice of cancellation; and the insurance contract shall be canceled as if the notice of cancellation had been submitted by the insured himself, but without requiring the return of the insurance contract or contracts. The premium finance company, when mailing notice to the insurance company to cancel the policy, shall simultaneously mail notice to the insured notifying him of the action taken. Such notice to the insured shall contain the date and time the policy is to be canceled, which date shall not be prior to the date of mailing of such notice, and shall inform the insured that any payment received after the mailing of notice to the insurance company to cancel the policy will not reinstate the policy. The notice may contain information to the effect that the premium finance company will make a request to the insurance company to reinstate the policy. Language sufficiently clear and specific so that a person of average intelligence can understand the action being taken by the premium finance company shall be used. The notice to the insured required by this Code section shall be mailed to the last address of record of the insured and shall be dispatched by at least first-class mail and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. Section 3 . Said chapter is further amended by striking Code Section 33-22-14, relating to the disposition of unearned premiums upon cancellation of the financed insurance contract, in its entirety and inserting in lieu thereof a new Code Section 33-22-14 to read as follows: 33-22-14. (a) Whenever an insurance policy is canceled and the premiums have been paid by an insurance premium finance company on behalf of the insured, if the insurer has been notified of the existence of the insurance premium finance agreement as required in Code Section 33-22-12, the insurer shall return whatever unearned premiums are due to the insurance premium finance company for the account of the insured. Whenever an insurer, after

Page 1347

receiving notification of the existence of the insurance premium finance agreement, returns any unearned premium to anyone other than the insurance premium finance company named in the agreement, the insurer shall be directly responsible to such insurance premium finance company for any and all unearned premiums due as a result of the cancellation. The insurer shall furnish to the agent, agency, or broker placing the insurance a report setting forth an itemization of the unearned premiums under the policy. (b) (1) In the event that the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium finance company shall refund the excess within ten working days of receipt of the return premium or tender of return premium to the insured via the agent, agency, or broker placing the insurance and shall furnish such agent, agency, or broker, upon a written request, a report setting forth an itemization of the unearned finance charge and other charges under the premium finance agreement; provided, however, there shall be no refund required when the excess due the insured is less than $2.00. (2) Any insurance premium finance company failing to tender refunds or to furnish any report requested by the agent, agency, or broker as required in paragraph (1) of this subsection shall pay to the insured via the agent, agency, or broker a penalty equal to 25 percent of the amount of the refund and interest equal to 18 percent per annum until such time as the refund is made; provided, however, the maximum amount of such penalty and interest shall not exceed 50 percent of the amount of the refund due. (3) Upon receipt of the refund from the insurance premium finance company, the agent, agency, or broker shall return any unearned premiums to the insured either in person or by depositing such refund in the mail within ten working days of receipt of the refund. (4) Any agent, agency, or broker failing to tender any unearned premium as prescribed in paragraph (3) of this subsection shall be subject to the penalties prescribed in paragraph (3) of subsection (c) of Code Section 33-24-44.

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(c) Failure to refund any surplus or return any unearned premium or to furnish any reports requested by the agent, agency, or broker under subsection (b) of this Code section shall not invalidate a notice of cancellation given in accordance with this chapter. Section 4 . Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking Code Section 33-24-44, relating to the cancellation of policies generally, in its entirety and inserting in lieu thereof a new Code Section 33-24-44 to read as follows: 33-24-44. (a) Except as otherwise provided in this chapter, cancellation of a policy which by its terms and conditions may be canceled by the insurer or its agent duly authorized by the insurer to effect such cancellation shall be accomplished as prescribed in this Code section. (b) Written notice stating the time when the cancellation will be effective, which shall not be less than 30 days from the date of mailing or delivery in person of such notice of cancellation or such other specific longer period as may be provided in the contract or by statute, shall be delivered in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of the insured and of any lienholder, where applicable, and receiving the receipt provided by the the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. (c) (1) Any unearned premium which has been paid by the insured shall be refunded to the insured on a pro rata basis as provided in this Code section. If the return does not accompany notice of cancellation, then such return shall be made on or before the cancellation date either directly to the named insured or to the insured's agent of record. In the event the insurer elects to return such unearned premium to the insured via the insured's agent of record, such agent shall return the unearned premium to the insured either in person or by depositing such return in the mail within ten working days of receipt of the unearned premium, or within ten working days of notification from the insurer of the amount of return of unearned premium due, or on the effective date of cancellation, whichever is later. If the insured has an open account with the agent, such return of unearned premium may be applied to any outstanding balance and any remaining unearned

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premium shall be returned to the insured either in person or by depositing such return in the mail within ten working days of receipt of the unearned premium, or within ten working days of notification from the insurer of the amount of return of unearned premium due, or on the effective date of cancellation, whichever is later. (2) Paragraph (1) of this subsection shall not apply if an audit or rate investigation is required or if the premiums are financed by a premium finance company. If an audit or rate investigation is required, then the refund of unearned premium shall be made within 30 days after the conclusion of the audit or rate investigation. If the premiums are financed by a premium finance company, any unearned premiums shall be tendered to the premium finance company within ten working days after cancellation. (3) Any insurer or agent failing to return any unearned premium as prescribed in paragraphs (1) and (2) of this subsection shall pay to the insured a penalty equal to 25 percent of the amount of the return of the unearned premium and interest equal to 18 percent per annum until such time that proper return has been made, which penalty and interest must be paid at the time the return is made; provided, however, the maximum amount of such penalty and interest shall not exceed 50 percent of the amount of the refund due. Failure to return any unearned premium shall not invalidate a notice of cancellation given in accordance with subsection (b) of this Code section. (d) When a policy is canceled for failure of the named insured to discharge when due any of his obligations in connection with the payment of premiums for a policy or any installment of premiums due, whether payable directly to the insurer or indirectly to the agent, or when a policy that has been in effect for less than 60 days is canceled for any reason, the notice requirements of this Code section may be satisfied by delivering or mailing written notice to the named insured and any lienholder, where applicable, at least ten days prior to the effective date of cancellation in lieu of the number of days' notice otherwise required by this Code section. (e) Notice to the insured shall not be required by this Code section when a policy is canceled by an insurance premium finance company under a power of attorney contained in an insurance premium

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finance agreement which has been filed with the insurer in accordance with the provisions of Chapter 22 of this title. However, the insurer shall comply with the provisions of subsection (d) of Code Section 33-22-13 pertaining to notice to a governmental agency, mortgagee, or other third party. Such notice shall be delivered in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of such governmental agency, mortgagee, or other third party and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. Section 5 . Said chapter is further amended by striking Code Section 33-24-45, relating to cancellation or nonrenewal of automobile policies generally, in its entirety and inserting in lieu thereof a new Code Section 33-24-45 to read as follows: 33-24-45. (a) This Code section shall apply only to those portions of an automobile policy or a motorcycle policy which relate to bodily injury and property damage liability, personal injury protection, medical payments, physical damage, and uninsured motorists' coverage. (b) As used in this Code section, the term: (1) `Renewal' means issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium; provided, however, that any policy with a policy period or term of less than six months shall, for the purpose of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premium shall be a cancellation subject to this Code section, except in case of termination under any of the circumstances specified in subsection (f) of this Code section; provided, further that for purposes of this Code section, any policy written for a term longer than one year or any policy with no fixed

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expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of the policy shall be deemed a refusal to renew. (2) `Policy' means a policy insuring a natural person as named insured or one or more related individuals resident of the same household and which provides bodily injury coverage and property damage liability coverage, personal injury protection, physical damage coverage, medical payments coverage, or uninsured motorists' protection coverage or any combination of coverages and under which the insured vehicles designated in the policy are of the following types only: (A) Any motor vehicle of the private passenger, station wagon, or jeep type or a motorcycle that is not used as a public or livery conveyance for passengers nor rented to others; or (B) Any other four-wheel motor vehicle with a load capacity of 1,500 pounds or less which is not used in the occupation or professional business of the insured; provided, however, that this Code section shall not apply to policies of automobile liability insurance issued under the Georgia Automobile Insurance Plan nor to any policy insuring an automobile which is one of more than four insured under a single policy nor to any policy covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards. (c) No notice of cancellation of a policy issued for delivery in this state shall be mailed or delivered by an insurer or its agent duly authorized to effect such cancellation, except for one or more of the following reasons: (1) The named insured failed to discharge when due any of his obligations in connection with the payment of premiums on such policy or any installment of premiums or the renewal of premiums, whether payable directly to the insurer or indirectly to the agent; (2) The issuance was obtained through a material misrepresentation;

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(3) Any insured violated any of the terms and conditions of the policy; (4) The named insured failed to disclose fully, if called for in the application, his record for the preceding 36 months of motor vehicle accidents and moving traffic violations; (5) The named insured failed to disclose in his written application or in response to inquiry by his broker or by the insurer or its agent information necessary for the acceptance or proper rating of the risk; (6) The named insured made a false or fraudulent claim or knowingly aided or abetted another in the presentation of such a claim; (7) The named insured or any other operator either resident in the same household or who customarily operates an automobile insured under such policy: (A) Has, within the 36 months prior to the notice of cancellation, had his driver's license under suspension or revocation; (B) Is or becomes subject to epilepsy or heart attacks and the individual does not produce a certificate from a physician testifying to his unqualified ability to operate a motor vehicle; (C) Has an accident record; a conviction record, criminal or traffic; or a physical, mental, or other condition which is such that his operation of an automobile might endanger the public safety; (D) Has within a three-year period prior to the notice of cancellation been addicted to the use of narcotics or other drugs; (E) Has been convicted or forfeited bail during the 36 months immediately preceding the notice of cancellation for: (i) Any felony;

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(ii) Criminal negligence resulting in death, homicide, or assault arising out of the operation of a motor vehicle; (iii) Operating a motor vehicle while in an intoxicated condition or while under the influence of drugs; (iv) Being intoxicated while in or about an automobile or while having custody of an automobile; (v) Leaving the scene of an accident without stopping to report; (vi) Theft or unlawful taking of a motor vehicle; or (vii) Making false statements in an application for a driver's license; or (F) Has been convicted of or forfeited bail for three or more violations, within the 36 months immediately preceding the notice of cancellation, of any law, ordinance, or regulation limiting the speed of motor vehicles or any of the provisions of the motor vehicle laws of any state, violation of which constitutes a misdemeanor, whether or not the violations were repetitions of the same offense or different offenses; (8) The insured automobile: (A) Is so mechanically defective that its operation might endanger public safety; (B) Is used in carrying passengers for hire or compensation; provided, however, that the use of an automobile for a car pool shall not be considered use of an automobile for hire or compensation; (C) Is used in the transportation of flammables or explosives; (D) Is an authorized emergency vehicle; or (E) Has changed in shape or condition during the policy period so as to increase substantially the risk.

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(d) No notice of cancellation of a policy to which this Code section applies shall be effective unless mailed or delivered as prescribed in Code Section 33-24-44. The insurer shall provide the reason or reasons for such cancellation as required by Chapter 39 of this title. (e) (1) No insurer shall refuse to renew a policy to which this Code section applies unless a written notice of nonrenewal is mailed or delivered in person to the named insured. Such notice stating the time when nonrenewal will be effective, which shall not be less than 30 days from the date of mailing or delivery of such notice of nonrenewal or such longer period as may be provided in the contract or by statute, shall be delivered in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of the insured and of the lienholder, where applicable, and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. (2) The insurer shall provide the reason or reasons for such nonrenewal as required by Chapter 39 of this title. (f) Subsection (e) of this Code section shall not apply in case of: (1) Nonpayment of premium for the expiring policy; (2) Failure of the insured to pay the premium as required by the insurer for renewal; or (3) The insurer having manifested its willingness to renew by delivering a renewal policy, renewal certificate, or other evidence of renewal to the named insured or his representative or by offering to issue a renewal policy, certificate, or other evidence of renewal or having manifested such intention by any other means. (g) Notwithstanding the failure of an insurer to comply with this Code section, termination of any coverage under the policy either by cancellation or nonrenewal shall be effective on the effective date of any other policy providing similar coverage on the same motor vehicle or any replacement of coverage.

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(h) Renewal or continuation of a policy shall not constitute a waiver or estoppel with respect to ground for cancellation which existed before the effective date of the renewal or continuance. (i) When a policy is canceled other than for nnpayment of premium or in the event of a refusal to renew or continue a policy, the insurer shall notify the named insured of his possible eligibility for insurance through the Georgia Automobile Insurance Plan. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew or not to continue the policy and shall state that such notice of availability of the Georgia Automobile Insurance Plan is given pursuant to this Code section. (j) There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or his employees or against any insurer, its authorized representatives, its agents, its employees, or any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal for any statement made by any of them in any written notice of cancellation or nonrenewal or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal or providing information pertaining to the reasons for cancellation or nonrenewal or for statements made or evidence submitted at any formal or informal hearing conducted in connection with the reasons for cancellation or nonrenewal of the insured's policy. (k) This Code section shall not apply to any policy which has been in effect less than 60 days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal of a policy. Such policies shall be canceled in accordance with Code Section 33-24-44. (l) Return of unearned premium, if any, due to cancellations as to which this Code section applies shall be processed in accordance with Code Section 33-24-44. (m) Notice to the insured shall not be required by this Code section when a policy is canceled by an insurance premium finance company under a power of attorney contained in an insurance premium finance agreement if notification of the existence of the premium finance agreement has been given to the insurer in accordance with the provisions of Chapter 22 of this title. However, the insurer shall comply with the provisions of subsection (d) of Code Section 33-22-13

Page 1356

pertaining to notice to a governmental agency, mortgagee, or other third party. Such notice shall be delivered in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of such governmental agency, mortgagee, or other third party and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. Section 6 . Said chapter is further amended by striking Code Section 33-24-46, relating to cancellation or nonrenewal of homeowners' policies generally, in its entirety and inserting in lieu thereof a new Code Section 33-24-46 to read as follows: 33-24-46. (a) This Code section shall apply only to policies of insurance against direct loss to residential real property and the contents thereof, as defined and limited in standard fire policies insuring natural persons as the named insured. (b) As used in this Code section, the term: (1) `Renewal' means issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provisions for extending the policy by payment of a continuation premium. Any policy with a policy period or term of less than six months shall, for the purposes of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premiums shall be a cancellation subject to this Code section. Any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of such policy shall be deemed a refusal to renew. (2) `Policies' means a policy insuring a natural person as named insured against direct loss to residential real property and

Page 1357

the contents thereof, as defined and limited in standard fire policies as approved by the Commissioner. (3) `Nonrenewal' or `nonrenewed' means a refusal by an insurer to renew. (c) No notice of cancellation of a policy as to which this Code section applies shall be effective unless mailed or delivered as prescribed in Code Section 33-24-44. The insurer shall provide the reason or reasons for such cancellation as required by Chapter 39 of this title. (d) No insurer shall refuse to renew a policy to which this Code section applies unless a written notice of nonrenewal is mailed or delivered in person to the named insured. Such notice stating the time when nonrenewal will be effective, which shall not be less than 30 days from the date of mailing or delivery of such notice of nonrenewal or such longer period as may be provided in the contract or by statute, shall be delivered in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of the insured and of the lienholder, where applicable, and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. The insurer shall provide the reason or reasons for nonrenewal as required by Chapter 39 of this title. (e) When a policy is canceled other than for nonpayment of premium or in the event of a refusal to renew or continue a policy, the insurer shall notify the named insured of his possible eligibility for insurance through the Georgia Fair Access to Insurance Requirements Plan. The notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew or not to continue the policy and shall state that such notice availability of the Georgia Fair Access to Insurance Requirements Plan is given pursuant to this Code section. Included in the notice shall be the address by which the Georgia Fair Access to Insurance Requirements Plan might be contacted in order to determine eligibility. (f) There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or his employees or against any insurer, its authorized representatives, its agents, its employees, or any firm, person, or corporation furnishing

Page 1358

to the insurer information as to reasons for cancellation or nonrenewal for any statement made by any of them and in written notice of cancellation or nonrenewal or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal or providing information pertaining thereto or for statements made or evidence submitted at any formal or informal hearing conducted in connection therewith. (g) Return of unearned premium, if any, due to cancellations as to which this Code section applies shall be processed in accordance with Code Section 33-24-44. (h) Notice to the insured shall not be required by this Code section when a policy is canceled by an insurance premium finance company under a power of attorney contained in an insurance premium finance agreement if notification of the existence of the premium finance agreement has been given to the insurer in accordance with the provisions of Chapter 22 of this title. However, the insurer shall comply with the provisions of subsection (d) of Code Section 33-22-13 pertaining to notice to a governmental agency, mortgagee, or other third party. Such notice shall be delivered in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of such governmental agency, mortgagee, or other third party and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. Section 7 . Said chapter is further amended by striking Code Section 33-24-47, which reads as follows: 33-24-47. No policy of insurance in which the interests of any lienholders named in the policy are protected by a loss payable clause may be canceled or nonrenewed by an insurer so as to destroy the protection afforded by the policy for the interests possessed by the lienholders unless notice of the cancellation or nonrenewal or a copy thereof is sent to the lienholders in the manner provided for in Code Sections 33-24-44 and 33-24-45., in its entirety.

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Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. PUBLIC OFFICERS AND EMPLOYEESASSISTANT ATTORNEYS GENERALCERTAIN REPRESENTATIONS OF CRIMINAL DEFENDANTS PERMITTED. Code Section 45-15-30 Amended. No. 1289 (House Bill No. 1494). AN ACT To amend Code Section 45-15-30 of the Official Code of Georgia Annotated, relating to assistant attorneys general, so as to provide that certain representations of criminal defendants by assistant attorneys general shall not constitute conflicts of interest under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 45-15-30 of the Official Code of Georgia Annotated, relating to assistant attorneys general, is amended by striking that Code section in its entirety and inserting in its place a new Code section to read as follows: 45-15-30. There is created a Department of Law with the Attorney General at the head thereof and with such numbers of deputy attorneys general, assistant attorneys general, special assistant attorneys general, other attorneys, paraprofessional personnel, and other employees or independent contractors as the Attorney General shall deem necessary to carry out the functions of the Attorney General and the Department of Law. The Attorney General

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is authorized to determine the title and to change the title of any attorney or other employee of the Department of Law or any attorney at law under independent contract to the Department of Law in order to define the duties and responsibilities of any attorney or other employee of the said department and to establish salaries and effect promotions of any such attorney or other employee of the said department, except that those positions in the department which are within the classified service of the state merit system on April 18, 1975, shall be covered by the state merit system according to procedures prescribed by the State Personnel Board. Neither the Attorney General nor any other attorney at law employed full time by the Department of Law shall engage in the private practice of law during his term of appointment. Attorneys at law under independent contract to the Department of Law may engage in the private practice of law even though they may have been appointed or designated either specially or generally as assistant attorneys general or attorneys. Notwithstanding that any attorney at law under independent contract to the Department of Law has been appointed or designated either specially or generally as an assistant attorney general and thus is identified with the State of Georgia as its representative for cases arising within the scope of that appointment or designation, representation of a defendant in criminal proceedings by that assistant attorney general shall not constitute a conflict of interest if that assistant attorney general provides written disclosure of such appointment or designation to the defendant prior to accepting employment by that defendant or, when a court has appointed an assistant attorney general to represent an indigent criminal defendant, disclosures to the defendant and to the court, to be reflected in the record of that court, such appointment or designation as assistant attorney general. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984.

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PENAL INSTITUTIONSCONFIDENTIALITY OF CERTAIN RECORDS. Code Section 42-5-36 Amended. No. 1290 (House Bill No. 1506). 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 the classified nature of department investigation reports, so as to provide that certain inmate files shall be classified as confidential state secrets and shall be privileged under law; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 42-5-36 of the Official Code of Georgia Annotated, relating to confidentiality of information supplied by inmates and the classified nature of department investigation reports, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) All institutional inmate files and central office inmate files of the Department of Offender Rehabilitation shall be classified as confidential state secrets and privileged under law, unless declassified in writing by the commissioner; provided, however, these records shall be subject to subpoena by a court of competent jurisdiction of this state. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984.

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LOCAL GOVERNMENTISSUANCE OF GENERAL OBLIGATION REFUNDING BONDSPROCEDURES, ETC. Code Title 36, Chapter 82 Amended. No. 1291 (Senate Bill No. 427). AN ACT To amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to provide that the governing authority of any county, municipality, or political subdivision of the State of Georgia may provide for the refunding of all or any part of its outstanding bonded indebtedness by the issuance of general obligation refunding bonds pursuant to a resolution or ordinance adopted by the governing authority without the necessity of conducting a referendum; to provide for and regulate the adoption of proceedings for the issuance of general obligation refunding bonds and the terms and provisions of such refunding bonds; to provide that the refunding bonds shall be exempt from taxation; to provide that any such refunding bonds when issued shall be deemed and construed to be issued in lieu of the bonded indebtedness so refunded; to provide that when any county, municipality, or political subdivision of the State of Georgia desires to issue refunding bonds, the officer or officers of the governing body shall give notice thereof to the district attorney of the judicial circuit in which such county, municipality, or political subdivision shall be located in writing, together with a certified copy of the resolution or ordinance of the governing body of such county, municipality, or political subdivision authorizing the issuance of such refunding bonds; to provide for the commencement of the validation proceedings in the superior court of the county in which the county, municipality, or political subdivision is located after service of the notice on the district attorney by the proper officer or officers of the county, municipality, or political subdivision authorizing the issuance of the refunding bonds and specifying the information which the validation petition must set forth; to provide for the liberal construction of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, is amended by striking subsection (e) of Code Section 36-82-1, relating to the procedure for authorization of bonded debt, in its entirety and substituting in lieu thereof new subsections (e) and (f) to read as follows: (e) (1) It is expressly provided that any county, municipality, or other political subdivision of this state may provide for the refunding of all or any part of the outstanding bonded indebtedness of such county, municipality, or political subdivision without the necessity of a referendum therefor if the governing authority of such county, municipality, or political subdivision adopts a resolution or ordinance authorizing the issuance of general obligation refunding bonds for such purpose, provided the following conditions are met: (A) The term of the refunding bonds shall not extend beyond the final maturity date of the bonds being refunded; (B) The rate of interest borne by the refunding bonds shall not exceed the rate of interest borne by the bonds being refunded; (C) The principal amount of the refunding bonds may only exceed the principal amount of the bonds being refunded to the extent necessary to effectuate a refund and to allow the reduction of the total principal and interest requirements over the remaining term of the bonds being refunded; and (D) The proceeds derived from the sale of the refunding bonds, together with the earnings and increments derived therefrom, if any, will be sufficient to provide for the payment of the principal of, interest, and premium, if any, on the bonds being refunded and shall be deposited in an irrevocable trust fund created for that purpose. (2) Such refunding bonds so authorized to be issued in compliance with the conditions set forth above, when issued, shall be construed and deemed to be issued in lieu of such original debt being so refunded, and the original debt upon the creation of the irrevocable trust fund and the deposit of the requisite proceeds shall not constitute a debt within the meaning of Article IX, Section V, Paragraph I of the Constitution of Georgia, but the

Page 1364

refunding bonds shall constitute a debt within the meaning of Article IX, Section V, Paragraph I of the Constitution of Georgia and shall count against the limitation on debt measured by the 10 percent of assessed value of taxable property as expressed therein. (f) Any person who violates this Code section shall be guilty of a misdemeanor; provided, however, nothing contained in this Code section shall be construed so that a violation thereof shall affect the validity of any bonds issued under this Code section. Section 2 . Said chapter is further amended by striking Code Section 36-82-3, relating to the authorization of issuance of bonds, in its entirety and substituting in lieu thereof a new Code Section 36-82-3 to read as follows: 36-82-3. (a) When notice has been given and the election has been held, in accordance with Code Section 36-82-2, if the requisite majority of those qualified voters of the county, municipality, or political subdivision voting at the election vote for bonds, then the authority to issue the bonds in accordance with Article IX, Section V, Paragraph I or II of the Constitution of Georgia is given to the proper officers of the county, municipality, or political subdivision. (b) The ordinance or resolution of the governing body of the county, municipality, or other political subdivision of this state authorizing the issuance of general obligation refunding bonds in accordance with the terms and conditions of subsection (f) of Code Section 36-82-1 may be adopted at a regular or special meeting by a majority of the members of the governing body and, unless otherwise provided therein, such resolution or ordinance shall take effect immediately and need not be laid over or published or posted. (c) General obligation refunding bonds may be issued in one or more series; may bear such date or dates; may mature at such time or times, and bear interest at such rate or rates per annum, payable at such time or times, subject to the limitations contained in subsection (f) of Code Section 36-82-1, pertaining to the final maturity date and maximum interest rate for such refunding bonds; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered; may carry such registration, conversion, and exchangeability privileges; may be subject to such terms of redemption, with or without a premium; may be executed in such manner; and may

Page 1365

contain such terms, covenants, and conditions as the ordinance or resolution authorizing the issuance of such refunding bonds may provide. All general obligation refunding bonds issued under this article bearing the signature of officers in office on the date of the signing thereof shall be valid and binding, notwithstanding that before delivery thereof and payment therefor such officers whose signatures appear thereon shall have ceased to be officers whose signatures appear thereon shall have ceased to be officers of the governmental body issuing the bonds. Pending the preparation of the definitive bonds, interim receipts, in such form and with such provisions as the governing body may determine, may be issued to the purchaser or purchasers of bonds to be issued under this article. Such refunding bonds and interim receipts shall be negotiable for all purposes. Such refunding bonds shall be and are declared to be nontaxable for any and all purposes. Section 3 . Said chapter is further amended by striking Code Section 36-82-5, relating to authorization for the destruction of unsold bonds, in its entirety and substituting in lieu thereof a new Code Section 36-82-5 to read as follows: 36-82-5. When any county, municipality, or political subdivision of this state has issued bonds under the authority of Article IX, Section V, Paragraph I, II, or III of the Constitution of Georgia and laws passed in pursuance thereof and when, after the bond issue is authorized and the bonds are printed, any of the bonds authorized and printed are not sold for any reason, the governing authorities of the county, municipality, or political subdivision may destroy the unsold bonds in the manner and under the conditions set out in Code Section 36-82-6. Section 4 . Said chapter is further amended by adding a new Code Section 36-82-7.1 immediately following Code Section 36-82-7, relating to authorized investments for bond proceeds, to read as follows: 36-82-7.1. Any county, municipality, or other political subdivision of this state shall at or before the issuance and delivery of any general obligation refunding bonds provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest on such refunding bonds as same become due and payable, all as is provided in Article IX, Section V, Paragraph VI of the Constitution of Georgia.

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Section 5 . Said chapter is further amended by striking Code Section 36-82-20, relating to proceedings for validation of bonds of counties, municipalities, or political subdivisions generally, in its entirety and substituting in lieu thereof a new Code Section 36-82-20 to read as follows: 36-82-20. (a) When any county, municipality, or political subdivision desiring to incur any bonded debt, as prescribed in Article IX, Section V, Paragraphs I and II of the Constitution of Georgia, holds an election or passes a resolution in accordance with the provisions of the Constitution and laws of this state controlling and regulating such elections or the passage of such resolutions and the returns of such election or resolution show prima facie that the election or resolution is in favor of the issuance of the bonds, the officer or officers of the county, municipality, or political subdivision charged by law with the duty of declaring the result of the election or resolution, within six months after so declaring the result of the election or of the passage of the resolution, shall notify the district attorney of the judicial circuit in which the county, municipality, or political subdivision is located, in writing, of the fact that an election was held or that a resolution was passed and that the election or resolution was in favor of the issuance of the bonds. The service of the notice shall be personal upon the district attorney; in the event that he is absent from the circuit, the notice shall be served in person upon the Attorney General. (b) It is expressly provided that when the governing body of any county, municipality, or political subdivision desiring to issue refunding bonds as provided by Article IX, Section V, Paragraph III of the Constitution of Georgia shall have adopted a resolution or ordinance authorizing the issuance of refunding bonds, the proper officer or officers of such county, municipality, or political subdivision, within six months after the adoption of such resolution or ordinance authorizing the issuance of such refunding bonds, shall notify the district attorney of the judicial circuit in which such county, municipality, or political subdivision is located, in writing, of the fact that the requirements pertaining to the issuance of general obligation refunding bonds have been met and that the issuance of such refunding bonds has been authorized by a resolution or ordinance duly adopted by the governing body of such county, municipality, or political subdivision and shall furnish the district attorney with a certified copy of such resolution or ordinance authorizing the issuance of such refunding bonds. The service of such notice shall be personal upon the district

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attorney; in the event that he is absent from the circuit, the notice shall be served in person upon the Attorney General. Section 6 . Said chapter is further amended by striking Code Section 36-82-21, relating to the filing of validation petition by the district attorney or attorney general in the superior court of the county in which the election was held or the resolution was passed, in its entirety and substituting in lieu thereof a new Code Section 36-82-21 to read as follows: 36-82-21. (a) Within 20 days from the date of the service upon the district attorney or the Attorney General of notice of the fact that an election was held or a resolution passed and that the election or resolution was in favor of the issuance of the bonds, the district attorney or the Attorney General shall prepare and file a petition in the office of the clerk of the superior court of the county in which the election was held or the resolution was passed, directed to the superior court of the county, in the name of the state, and against the county, municipality, or political subdivision desiring to issue bonds under the election or resolution. The petition shall set forth the service of the notice, the name of the county, municipality, or political subdivision seeking to issue the bonds, the principal amount of the bonds to be issued, the purpose for which the bonds are issued, the interest rate or rates which the bonds are to bear, and the amount of principal to be paid in each year during the life of the bonds and shall state that the election or resolution is prima facie in favor of the issuance of the bonds. The petition, in lieu of specifying the rate or rates of interest which the bonds are to bear, may set forth the wording which was used with respect to interest in the notice which was published calling the election to authorize the issuance of the bonds. The district attorney or the Attorney General shall obtain, from the judge of the court, an order requiring the county, municipality, or political subdivision, by its proper officers, to appear at such time and place, either in term or at chambers, within 20 days from the filing of the petition, as the judge of the court may direct, and to show cause, if any exists, why the bonds should not be confirmed and validated. The petition and order shall be served in the manner provided by law for the service of petitions upon counties, municipalities, or political subdivisions. The officers of the county, municipality, or political subdivision shall make sworn answers to such petition at or before the date set in the order for the hearing.

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(b) Within 20 days from the date of the service upon the district attorney or the Attorney General of notice of the fact that a resolution or ordinance was adopted by the governing body of the county, municipality, or other political subdivision authorizing the issuance of refunding bonds, the district attorney or the Attorney General shall prepare and file a petition in the office of the clerk of the superior court of the county in which the county, municipality, or other political subdivision desiring to issue refunding bonds is located, directed to the superior court of the county, in the name of the state, and against the county, municipality, or political subdivision desiring to issue refunding bonds under the resolution or ordinance. The petition shall set forth the service of the notice, the name of the county, municipality, or political subdivision seeking to issue the refunding bonds, the maximum principal amount of the refunding bonds to be issued, the interest rate or rates which the bonds are to bear, and also setting forth the principal amount of outstanding bonded indebtedness to be refunded, the amount of principal to be paid in each year over the remaining life of the bonds to be refunded, the interest rate or rates per annum said outstanding bonds which are to be refunded bear and a certified copy of the resolution or ordinance so adopted authorizing the issuance of the refunding bonds shall be attached to the petition and made a part thereof. The petition, in lieu of specifying the rate or rates of interest which the refunding bonds are to bear, may state that the refunding bonds when issued will bear interest at a rate or rates not exceeding a maximum rate per annum. The district attorney or the Attorney General shall obtain, from the judge of the court, an order requiring the county, municipality, or political subdivision, by its proper officers, to appear at such time and place, either in term or at chambers, within 20 days from the filing of the petition, as the judge of the court may direct, and to show cause, if any exists, why the refunding bonds should not be confirmed and validated. The petition and order shall be served in the manner provided by law for the service of petitions upon counties, municipalities, or political subdivisions. The officers of the county, municipality, or political subdivision shall make sworn answers to such petition at or before the date set in the order for the hearing. Section 7 . Said chapter is further amended by striking paragraph (2) of Code Section 36-82-121, relating to definitions pertaining to the regulation of interest rates for municipal and county bonds other than general obligation bonds, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:

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(2) `General obligation bonds' means any bonds, notes, certificates, or obligations of any kind issued by any municipality which, under the Constitution of Georgia, may not be issued without the consent of a majority of the qualified voters of the municipality affected, voting in an election for that purpose, and also shall mean any bonds, notes, certificates, or obligations of any kind issued to refund outstanding general obligation bonds without an election as authorized under Article IX, Section V, Paragraph III of the Constitution of Georgia. Section 8 . The provisions of this Act shall be liberally construed to effect the purposes hereof, and insofar as the provisions of this Act may be inconsistent with the provisions of the Georgia Constitution under circumstances where the General Assembly has been granted the power by law to enlarge or restrict such provisions of the Constitution or the provisions of any law, including any general, local, or special Act of the General Assembly creating or activating any municipality, this Act shall control. Section 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. SHERIFFSELIGIBILITY TO HOLD OFFICE NOT AFFECTED BY CONVICTION OF CERTAIN CRIMES. Code Section 15-16-1 Amended. No. 1292 (House Bill No. 706). AN ACT To amend Code Section 15-16-1, relating to qualifications and

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training requirements of sheriffs, so as to provide that a conviction of certain offenses shall not be considered as a conviction for the purpose of determining eligibility to hold the office of sheriff if the convicted person has received a pardon; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 15-16-1, relating to qualifications and training requirements of sheriffs, is amended by striking in its entirety subparagraph (c)(1)(F) of said Code section and inserting in lieu thereof a new subparagraph (c)(1)(F) to read as follows: (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a conviction of homicide by vehicle which occurred prior to January 1, 1965, and which did not involve the offense of driving a motor vehicle under the influence of alcohol or drugs shall not be considered a conviction under this subparagraph if such convicted person has received a pardon for such offense;. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984.

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AD VALOREM TAXATION OF PROPERTYDATE FOR FILING CERTAIN APPLICATIONS FOR EXEMPTION CHANGED. Code Section 48-5-48.1 Amended. No. 1293 (House Bill No. 1023). AN ACT To amend Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to applications for exemptions from ad valorem tax for inventories of tangible personal property, so as to change the date by which such applications must be filed; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to applications for exemptions from ad valorem tax for inventories of tangible personal property, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Any person, firm, or corporation seeking an exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been authorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia shall file a written application and schedule of property with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation on forms to be furnished by such tax official. Such application shall be filed in the year in which exemption from taxation is sought no later than the date on which the tax receiver or tax commissioner of the county in which the property is located closes his books for the return of taxes. 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 4, 1984. ELECTIONSVOTER REGISTRATIONFORM OF CARDS, ETC. Code Title 21, Chapters 2 and 3 Amended. No. 1294 (House Bill No. 1159). AN ACT To amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, and to amend Code Section 21-3-121 of the Official Code of Georgia Annotated, relating to the registration of voters by municipalities, so as to provide that voters only be required to complete one registration card; to change certain procedures; 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 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, is amended by striking subsection (c) of said Code section in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The registration cards provided for in subsections (a) and (b) of this Code section shall consist of two identical parts connected in such a manner so that completion of the first part shall result in the duplication of all information on the second part. Such registration cards shall be so constructed that the two parts may be separated.,

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and by striking subsection (e) of said Code section in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) In cases where a municipality elects not to use the county registration system, the registrar shall forward the second part of the registration card provided for in subsection (c) of this Code section to the city clerk of the municipality. The city clerk shall transmit such registration card to the registrar of the municipality who shall check the name and identifying information of each applicant against the registration cards on file in the municipality so as to ensure that no voter is registered twice. If the registrar finds the applicant meets the qualifications for registration in the municipality, the registration card shall be placed on file in the registrar's office and the applicant's name shall be added to the electors list. Section 2 . Code Section 21-3-121 of the Official Code of Georgia Annotated, relating to the registration of voters by municipalities, is amended by striking subsection (c) of said Code section in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) In cases where a municipality elects not to use the county registration system, the registrar shall forward the second part of the registration card provided for in subsection (c) of Code Section 21-2-217 to the county registrars. Where a municipality is located in more than one county, the registrar shall forward the second part of the registration card to the county of the applicant's residence. The registrars of the county shall check the name and identifying information of each applicant against the registration cards on file in their office so as to ensure that no voter is registered twice. If the registrar finds the applicant meets the qualifications for registration in the county, the registration card shall be placed on file in the registrar's office and the applicant's name shall be added to the electors list. 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 April 4, 1984.

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GEORGIA RESIDENTIAL FINANCE AUTHORITYCOMPENSATION OF MEMBERSMAXIMUM AMOUNT OF BONDS, ETC. Code Title 8, Chapter 3 Amended. No. 1295 (House Bill No. 1260). AN ACT To amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to change the amount of compensation payable to public members of the Georgia Residential Finance Authority; to change the provisions relating to allocation of single-family residential housing bonds; to increase the maximum principal amount of bonds and notes which the authority may have outstanding for its single-family residential housing program; to permit the authority to sell bonds which are not required to be paid semiannually; to provide that undertakings of the authority authorized by Part 2 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated are not subject to restrictions under Part 1 of that article; 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, relating to residential and family farm mortgages, is amended by striking subsection (f) of Code Section 8-3-174, relating to composition of the Georgia Residential Finance Authority, in its entirety and inserting in its place a new subsection (f) to read as follows: (f) The public members of the authority shall receive the same expense allowance per day as that received by members of the General Assembly, plus actual expenses incurred, for each day's service spent in the performance of the duties of the authority, provided that such compensation shall be limited to 30 days during any one fiscal year unless one of the public members is elected chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be

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reimbursed for actual expenses incurred in the performance of their duties under this part. Section 2 . Said article is further amended by striking paragraph (7) of subsection (g) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, in its entirety and inserting in its place a new paragraph (7) to read as follows: (7) Any unused portion of any allocation not committed for bond sale by September 1 of each calendar year shall be made available after that date to any authority specified in subparagraphs (A), (B), and (C) of paragraph (3) of this subsection, provided that any bond sale approved after September 1 shall be subject to the procedures specified in paragraph (4) of this subsection; provided, further, that the Georgia Residential Finance Authority may reserve the full amount of any remaining allocation after September 1 for its own use notwithstanding the 70 percent limitation in subparagraph (A) of paragraph (3) of this subsection or any other distribution formulas in the Mortgage Subsidy Bond Tax Act of 1980. Section 3 . 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 its place 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 $515 million, excluding bonds and notes issued to refund outstanding bonds and notes. Section 4 . Said article is further amended by striking subsection (b) of Code Section 8-3-180, relating to the issuance and validation of bonds, in its entirety and inserting in its place 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, 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.

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Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. ELECTIONSPOLL OFFICERS ASSIGNED TO CONDUCT COUNTY, STATE OR FEDERAL ELECTIONS AUTHORIZED TO CONDUCT MUNICIPAL ELECTIONS. Code Section 21-3-34 Amended. No. 1297 (Senate Bill No. 325). AN ACT To amend Code Section 21-3-34 of the Official Code of Georgia Annotated, relating to qualifications of poll officers, so as to provide that in certain instances poll officers assigned to conduct county, state, or federal elections may also be authorized to serve as poll officers in 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 . Code Section 21-3-34 of the Official Code of Georgia Annotated, relating to qualifications of poll officers, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 21-3-34 to read as follows: 21-3-34. (a) Poll officers shall be electors of the municipality in which they are appointed and shall be able to read, write, and speak the English language. No poll officer shall be eligible to any nomination

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or public office to be voted for at a primary or election in which he shall serve. (b) Notwithstanding the provisions of subsection (a) of this Code section, in the event that a municipal primary or election is held in conjunction with a regular county, state, or federal election, poll officers assigned by the county election superintendent to conduct such county, state, or federal election shall also be authorized to serve as poll officers to conduct such municipal election or primary and shall not be required to be residents of said municipality. Section 2 . This Act shall become effective upon its approval by 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 4, 1984. PROFESSIONS AND BUSINESSESDIETITIANS LICENSING LAW ENACTED. Code Title 43, Chapter 11A Enacted. No. 1298 (House Bill No. 1133). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing and regulation of certain dietitians and dietetic counselors; to provide for a short title; to provide for definitions; to establish the Georgia Board of Examiners of Licensed Dietitians and provide for its membership, powers, and duties; to provide for reciprocity; to provide for licensing and examination of dietitians; to provide for the qualifications and standards for licensure and regulation of dietitians; to

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provide for exceptions to certain qualifications for a certain period of time; to provide for examinations of applicants for licensure after a certain date; to provide for procedures related thereto; to provide conditions and procedures for license renewal and for license revocation or suspension; to prohibit a person from holding oneself out to be a licensed dietetic counselor unless such person is licensed; to provide penalties; to provide for 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding at the end thereof a new chapter to read as follows: CHAPTER 11A 43-11A-1. This chapter shall be known and may be cited as the `Dietitians Licensing Law.' 43-11A-2. It is declared to be the purpose of the General Assembly that the activities of certain persons who use certain titles relating to professional dietetic counseling be regulated to ensure the protection of the health, safety, and welfare of the people of this state. 43-11A-3. As used in this chapter, the term: (1) `Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory, or announcement on radio or announcement or display on television. (2) `Applicant' means any person seeking a license under this chapter. (3) `Board' means the Georgia Board of Examiners of Licensed Dietitians established by this chapter. (4) `Dietetic counseling' means those services provided by a health care professional who has definite and specialized knowledge and training in the nutritional care of individuals throughout the life cycle and who has responsibility for design and management of nutritional care delivery systems in various settings.

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(5) `Graduate semester hour' means a semester hour or the quarter hour equivalent as defined by regional accrediting educational associations. (6) `Joint-secretary' means the joint-secretary of the state examining boards. The joint-secretary shall serve as secretary to the board. (7) `Licensed dietitian' means a person who represents himself by title or description of services as a licensed dietitian and who renders dietetic counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for compensation and who holds a valid license under this chapter. 43-11A-4. (a) There is created the Georgia Board of Examiners of Licensed Dietitians. The board shall consist of seven members as follows: (1) One member shall be an educator in the field of dietetic counseling; (2) Three members shall be dietetic counselors; and (3) Three members shall represent the public at large. (b) The Governor shall appoint, subject to confirmation by the Senate, all members of the board for initial terms of office beginning July 1, 1985. The Governor shall appoint three initial members of the board to serve for terms of two years and four initial members of the board to serve for terms of four years. After the initial terms specified in this subsection, members of the board shall take office on the first day of July immediately following the expired term of that office and shall serve for a term of four years and until their successors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation of the Senate. (c) All members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

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(d) All members of the board shall take the constitutional oath of office. 43-11A-5. (a) Professional members of the board shall: (1) Be citizens of the United States and residents of this state; (2) Have engaged in the field of dietetic counseling for compensation for at least 2,000 hours; and (3) Be licensed under this chapter, except that initial appointees shall be licensed under this chapter no later than July 1, 1986. (b) Consumer members of the board shall be appointed by the Governor from the public at large, shall be citizens of the United States and residents of this state, and shall have no connection whatsoever with the profession of dietetic counseling. (c) The Governor may remove members of the board, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or committing any act prohibited by this chapter. 43-11A-6. (a) Within 30 days of making appointments to the board, the Governor shall call the first meeting. The board shall elect a chairman and a vice-chairman who shall hold office according to the rules adopted by the board. (b) The board shall hold at least two regular meetings each year as provided by rules adopted by the board. 43-11A-7. The board shall have the power and responsibility to: (1) Determine the qualifications and fitness of applicants for licenses, renewal of licenses, and reciprocal licenses; (2) Adopt and revise rules consistent with the laws of the State of Georgia that are necessary to conduct its business, carry out its duties, and administer this chapter. However, the board shall not adopt rules restricting competitive bidding or advertising

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by licensees except to prohibit false, misleading, or deceptive practices. The board shall not include in its rules to prohibit false, misleading, or deceptive practices by licensees a rule that: (A) Restricts a licensee's use of any medium for advertising; (B) Restricts a licensee's personal appearance or use of his personal voice in an advertisement; (C) Relates to the size or duration of an advertisement by a licensee; or (D) Restricts a licensee's advertisement under a trade name; (3) Adopt and publish a code of ethics; (4) Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of dietetic counselor applicants and licensees under this chapter and conduct hearings in connection with these actions; (5) Conduct hearings on complaints concerning violations of this chapter and the rules adopted under this chapter and cause the prosecution and enjoinder of the violations; (6) Establish examination and licensing fees; (7) Request and receive the assistance of state educational institutions or other state agencies; (8) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the general public and appropriate state agencies; and (9) Establish continuing education requirements. 43-11A-8. The board may grant, upon application and payment of proper fees, a license without examination to a person who at the time of application holds a valid license as a licensed dietitian issued

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by another state or any political territory or jurisdiction acceptable to the board if in the board's opinion the requirements for that license are substantially the same as the requirements of this chapter. 43-11A-9. Each applicant for a license as a licensed dietitian shall meet the following requirements: (1) Is at least 18 years of age; (2) Has submitted a completed application as required by the board; (3) Has submitted any fees required by the board; (4) Has: (A) A baccalaureate degree from an accredited college or university with a major in nutrition, foods and nutrition, dietetics, food systems, or institutional management followed by an internship approved by the board and accredited by the Commission on Accreditation of the American Dietetic Association or its successor organization; (B) A baccalaureate degree from an accredited coordinated undergraduate program in dietetics which combines clinical and didactic learning experiences; (C) A masters degree from an accredited college or university in nutrition, dietetics, food systems, or institutional management followed by six months' participation in an approved program of professionally supervised dietetic counseling; (D) A masters degree from an accredited college or university and a valid school lunch certificate issued by the Georgia Department of Education; or (E) A doctorate degree from an accredited college or university in nutrition, dietetics, or biochemistry and is currently involved in dietetic counseling services through practice, teaching, or research related to nutritional care throughout the life cycle;

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(5) Has successfully passed an examination as required by Code Section 43-11A-13; and (6) Has met such other requirements as may be prescribed by the board. 43-11A-10. Prior to and including December 31, 1986, a person may apply to the board for a license as a licensed dietitian and the board shall issue a license if the applicant meets the requirements specified in paragraph (1) through paragraph (4) of Code Section 43-11A-9, except that any person using subparagraph (A) of paragraph (4) of Code Section 43-11A-9 to meet the requirement of paragraph (4) may, but shall not be required to, have participated in an internship approved by the board and accredited by the Commission of Accreditation of the American Dietetic Association or its successor organization. 43-11A-11. The board may require that all applications be made under oath. 43-11A-12. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection. 43-11A-13. (a) Examinations to determine competence shall be administered to qualified applicants at least twice each calendar year. The examinations may be administered by a national testing service. The board shall prescribe or develop the examinations which may include an examination given by the Commission on Dietetic Registration of the American Dietetic Association or any other examination approved by two-thirds' vote of the board. (b) The board shall notify each examinee of the results of the examination. 43-11A-14. (a) A license issued by the board is the property of the board and must be surrendered on demand. (b) The licensee shall display the license certificate in an appropriate and public manner.

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(c) The licensee shall inform the board of any change of his address. (d) The license shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board. (e) Each person licensed under this chapter is responsible for renewing his license before the expiration date. (f) Under procedures and conditions established by the board, a licensee may request that his license be declared inactive. The licensee may apply for active status at any time and upon meeting the conditions set by the board shall be declared active. 43-11A-15. The board may refuse to grant or renew a license to an applicant; administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; suspend any licensee for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; limit or restrict any licensee as the board deems necessary for the protection of the public; revoke any license; 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; or impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the profession regulated by this chapter, 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 Code section, or under the laws, rules, or regulations under which licensure is sought or held; 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 a business or profession licensed under this title or on any document connected

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therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive 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 country or in the courts of the United States; as used in this paragraph and paragraph (4) of 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 paragraph, 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 (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 of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;

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(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 a business or profession licensed under this title, 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 the licensed business or profession 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 practice of the business or profession licensed under this title; (7) 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 a state examining board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the state examining board regulating the business or profession licensed under this title, 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 a business or profession licensed under this title, 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; (9) 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; or (10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or

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profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material. 43-11A-16. (a) After December 31, 1986, it shall be unlawful for any person who is not licensed under this chapter to use the title of licensed dietitian or the letters `LD' in any words, letters, abbreviations, or insignia or to indicate or imply orally or in writing or in any way that the person is a licensed dietitian. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor. 43-11A-17. Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 43-11A-18. For 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 Dietitians shall be terminated on July 1, 1989, and this chapter and any other laws relating to the board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. 43-11A-19. The requirements of this chapter shall not apply to: (1) The activities and services of a nonresident rendered not more than 30 days during any year if the person is authorized to perform the activities and services under the law of the state or country of his residence; or (2) The activities and services of licensed members of other professions, such as physicians and registered nurses. Section 2 . This Act shall become effective on July 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984.

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CRIMES AND OFFENSESLICENSES TO CARRY PISTOLS OR REVOLVERSEXEMPTION OF CERTAIN RETIRED LAW ENFORCEMENT OFFICERS FROM PAYMENT OF FEE. Code Section 16-11-129 Amended. No. 1299 (House Bill No. 1132). AN ACT To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licensure to carry a pistol or revolver, so as to extend to retired federal law enforcement officers the same exemption from fees which is allowed to state and local law enforcement officers; 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 licensure to carry a pistol or revolver, is amended by striking subsection (h) and inserting in its place a new subsection to read as follows: (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 United States government or 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.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. HEALTHHOSPITAL CARE FOR CERTAIN INDIGENTS. Code Title 31, Chapter 8 Amended. No. 1300 (House Bill No. 1296). AN ACT To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to provide for legislative findings and purpose; to provide for definitions; to require certain hospitals to provide emergency medical services to pregnant women in labor; to provide for transfer of such patients; to provide for determination of indigency; to require counties to pay for emergency care required to be furnished to certain pregnant women; to provide for immunity from liability; to provide for damages and other relief against certain hospitals and health care providers; to provide for actions by the Department of Human Resources; to provide for civil and criminal penalties; to provide for administrative and judicial review; to provide for rules and regulations; to provide for construction; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, is amended by adding immediately following Article 2 thereof a new article to read as follows:

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ARTICLE 2A 31-8-40. The General Assembly finds that Georgia's high rates of infant mortality and morbidity are costly to the state in terms of human suffering and of expenditures for long-term institutionalization, special education, and medical care. It is well documented that appropriate care during pregnancy and delivery can prevent many of the expensive, disabling problems our children experience. The State of Georgia is making progress in improving services and funding. However, the General Assembly is concerned that some women continue to be refused service for financial reasons at hospitals when they request admission after labor has begun. It is the purpose of this article to assure that no hospital denies available, appropriate emergency services to a woman who seeks hospital care for the safe delivery of her child and to assure that counties assume a share of the responsibility in meeting this critical need for their residents who receive care. 31-8-41. As used in this article, the term: (1) `Cost of care' means the cost of services rendered by a hospital for care required to be provided thereby under this article, and for services rendered by a physician in connection therewith, at the reimbursement rate currently in effect for the hospital and physician under the medical assistance program for the needy under Title XIX of the Social Security Act (42 U.S.C.A. Section 1396, et seq.), as amended, but shall not include any portion of such cost which is paid by the indigent patient, by the spouse or a relative of the indigent patient, by insurance, or by any governmental or other public agency pursuant to any federal, state, or local program paying cost of health care for indigent patients, other than the program established by this article. (2) `Hospital' means a hospital which is permitted to operate by the department pursuant to Article 1 of Chapter 7 of this title. (3) `Indigent patient' means a patient who is a resident of this state who has been certified as an indigent pursuant to Code Section 31-8-43. 31-8-42. Any hospital which operates an emergency service shall provide the appropriate, necessary emergency services to any pregnant

Page 1391

woman who presents herself in active labor to the hospital, if those services are usually and customarily provided in that facility, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hospital. If, in the medical judgment of the physician responsible for the emergency service, the hospital must transfer the patient because the hospital is unable to provide appropriate treatment, the hospital where the patient has presented herself shall: (1) Within the capabilities of the hospital provide such emergency services as the circumstances require, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hospital; (2) Contact an appropriate receiving hospital and notify such hospital that the patient is in transit; (3) Arrange suitable transportation for the patient if necessary; and (4) Send to the receiving hospital any available information on the patient's history and condition. The transfer shall not be authorized until the physician considers the patient sufficiently stablized for transport. 31-8-43. (a) The commissioner of human resources shall adopt state-wide standards to determine indigency for the purposes of this article. To the extent practicable, such standards shall be based on similar standards adopted for the purpose of determining the ability to pay of patients receiving services in state hospitals as authorized by state law, as now or hereafter enacted, governing responsibility for payment of cost of care for health care services rendered by state hospitals.

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(b) Within 30 days after receiving the standards provided by the commissioner pursuant to subsection (a) of this Code section, the governing authority of each county, by resolution, shall designate a person, to be known as the health care advisory officer of the county, to make a determination of indigency for the residents of the county in accordance with the standards promulgated pursuant to subsection (a) of this Code section. The health care advisory officer shall carry out such additional duties as may be assigned to him by the governing authority of the county. It shall be the duty of the governing authority of each county to mail a copy of such resolution to the chief administrative officer of each hospital within 15 days after its adoption. The governing authority of any county may change the person designated as the health care advisory officer, but any such change shall be accomplished by resolution of the governing authority, and a copy of the resolution making such change shall be mailed to the chief administrative officer of each hospital within 15 days after its adoption. (c) When a patient receives health care from a hospital or physician, which care that hospital is required to provide the patient under Code Section 31-8-42, and when such patient claims inability to pay cost of care because of indigency, the chief administrative officer of the hospital shall notify, in writing, the health care advisory officer of the county of residence of the patient. Such notification shall request a determination of indigency of the patient. As soon as practicable after receiving such notification but not later than 30 days thereafter, the health care advisory officer of the county shall notify the chief administrative officer of the hospital of his determination. If the health care advisory officer determines that the patient is indigent or if the health care advisory officer of a county fails to respond to a request for a determination of indigency from a hospital providing health care for such patient within the time limitation provided by this subsection, the county of residence of the patient shall be liable for the payment of cost of care of such patient in the hospital or hospitals rendering the emergency services. In such event, the hospital, hospitals, and physicians providing the emergency health care for the patient may bill the county of residence of the patient for the amount of the patient's cost of care, and it shall be the duty of the governing authority of such county to pay the hospital and physician that amount. (d) To the end that the certifications of indigency required by subsection (c) of this Code section may be expedited, it shall be the

Page 1393

duty of each county health care advisory officer to establish and maintain files showing the names of county residents determined to be indigent. (e) It shall be the duty of the commissioner to devise such standard forms as may be necessary or desirable to administer this Code section uniformly. It shall be the duty of counties, health care advisory officers, and hospitals to use the forms promulgated by the commissioner pursuant to this subsection. 31-8-44. No physician, nurse, or other such medical assistant, nor the hospital or any of its agents or employees shall be guilty of malpractice or civilly liable therefor unless the physician, nurse, or other medical assistant, or the hospital, its agent, or employee has been grossly negligent in the provision of such services or has willfully failed to comply with the provisions of this article. No action shall be brought under this article without a specific allegation of gross negligence. 31-8-45. If a hospital fails or refuses to provide treatment or services pursuant to the provisions of Code Section 31-8-42, a person aggrieved by such failure or refusal shall have a cause of action against the hospital for damages and for such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative relief. 31-8-46. (a) If the department receives notice that a violation by a hospital of Code Section 31-8-42 is in progress, the department shall immediately order an investigation to determine whether or not there has been a violation and upon finding that a violation has occurred shall immediately order the hospital to comply with that Code section. (b) If a hospital violates Code Section 31-8-42, the department shall assess a civil penalty of $500.00 for each such violation. Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title. Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title. All civil penalties recovered by the department under this Code section shall be paid into the general fund of the state treasury.

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(c) Any hospital held to be in violation of Code Section 31-8-42 more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Human Resources. (d) The Department of Human Resources is authorized and directed to promulgate appropriate rules and regulations for the enforcement of this article. (e) Nothing in this article shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided by or under any other law. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. PUBLIC UTILITIES AND PUBLIC TRANSPORTATIONPRIVATE CARRIERS REDEFINEDFURTHER REGULATED. Code Title 46, Chapters 1 and 7 Amended. No. 1301 (House Bill No. 1010). AN ACT To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the definition of the term private carrier; to change the provisions relating to the purpose of Article 2 of Chapter 7; to authorize vehicle safety requirements for private carriers; to provide certain exceptions; to provide for injunctions against private carriers under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1395

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 its entirety paragraph (11) of Code Section 46-1-1, relating to definitions, and inserting in lieu thereof a new paragraph (11) 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. The term `private carrier' shall not include: (A) Motor vehicles not for hire engaged solely in the harvesting or transportation of forest products; (B) Motor vehicles not for hire engaged solely in the transportation of road-building materials; (C) Motor vehicles not for hire engaged solely in the transportation of unmanufactured agricultural or dairy products between farm, market, gin, warehouse, or mill whether such vehicle is owned by the owner or producer of such agricultural or dairy products or not so long as the title remains in the producer; or (D) Motor vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or less. Section 2 . Said title is further amended by striking in its entirety Code Section 46-7-50, relating to the short title and purpose of Article 2 of Chapter 7, and inserting in lieu thereof a new Code Section 46-7-50 to read as follows: 46-7-50. This article may be cited as the `Motor Carrier Act of 1931.' This article is intended to state the conditions and regulations under which motor carriers for hire, other than common carriers and private carriers, are permitted to operate over the highways of this state.

Page 1396

Section 3 . Said title is further amended by adding between Code Sections 46-7-68 and 46-7-69 a new Code Section 46-7-68.1 to read as follows: 46-7-68.1. (a) Except as otherwise provided in subsection (b) of this Code section, this article shall not apply to private carriers engaged exclusively in the transportation of goods belonging to the individual, firm, partnership, corporation, or association owning, controlling, operating, or managing the motor vehicle in private transportation over any public highway in this state. (b) The commission shall have the authority to promulgate rules designed to promote safety of private carriers. Every motor vehicle of a private carrier and all parts thereof shall be maintained in a safe condition at all times; and the carrier's equipment shall meet such safety requirements as the commission shall from time to time promulgate. (c) Private carriers are not required to hold certificates of public convenience and necessity and/or registration permits issued by the commission. Section 4 . Said title is further amended by striking in its entirety Code Section 46-7-73, relating to civil actions by the commission, and inserting in lieu thereof a new Code Section 46-7-73 to read as follows: 46-7-73. (a) Any motor contract carrier which operates on the public highways of this state without a certificate of public convenience and necessity, or after such certificate has been canceled, may be enjoined from operating on the public highways of this state upon the bringing of a civil action by the commission, by a competing motor carrier or rail carrier, or by any individual. (b) Any private carrier which is cited by the commission for operating a vehicle in an unsafe condition may be enjoined, pursuant to an action by the commission, from operating on the public highways of this state unless such condition is corrected in accordance with the commission's safety rules and the commission is so notified. 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 April 4, 1984. SOCIAL SERVICESINSTITUTIONS LICENSED TO CARE FOR CHILDRENCRIMINAL RECORDS CHECKS OF PERSONNEL. Code Title 49, Chapter 5 Amended. No. 1302 (House Bill No. 1083). AN ACT To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for criminal records checks and determinations based thereon for directors and employees of certain centers, homes, and institutions which are licensed to care for children; to provide additional standards for licensure; to prohibit the employment of directors or employees determined to have criminal records; to provide for cooperation among certain state agencies, departments, and law enforcement agencies and require the furnishing of certain information thereby and provide for fees therefor; to prohibit certain conduct relating to information obtained pursuant to this article; to provide for immunity from liability; to provide for administrative and other review of certain determinations and actions based thereon; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, is amended by adding at the end thereof a new Article 3 to read as follows:

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ARTICLE 3 49-5-60. As used in this article, the term: (1) `Center' means a day-care center, group day-care home, or child-caring institution which is required to be licensed under Article 1 of this chapter. (2) `Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (3) `Crime' means a violation of Code Section 16-5-70, relating to cruelty to children; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses; a felony violation of Chapter 13 of Title 16, relating to controlled substances; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere. (4) `Criminal record' means: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or an offense which, if it was committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or an

Page 1399

offense which, if it was committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (C) Arrest and being charged for a crime if the charge is pending regardless of how long the charge has been pending. (5) `Director' means the chief administrative or executive officer of a facility. (6) `Employee' means any person, other than a director, employed by a center to perform at any of the center's facilities any duties which involve personal contact between that person and children being cared for at the facility. (7) `Employee records check determination' means a satisfactory or unsatisfactory determination by a director based only upon a records check comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed. (8) `Facility' means a center's real property at which children are received for care. (9) `Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (10) `GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (11) `GCIC information' means criminal history record information as defined in Code Section 35-3-30. (12) `License' means the document issued by the department to authorize the center to which it is issued to operate a facility under this chapter. (13) `Preliminary records check determination' means a satisfactory or unsatisfactory determination by the department based only upon a comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed.

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(14) `Records check application' means two sets of classifiable fingerprints, a fee of not more than $12.00, payable in such form as the department may direct to cover the cost of a fingerprint records check under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state and such additional information as the department may require. (15) `Renewable license' means a license which expires one year from the date of issuance but which may thereafter be renewed for like periods. (16) `Satisfactory determination' means a written determination that a person for whom a records check was performed was found to have no criminal record. (17) `Temporary license' means a license which expires 90 days from the date of issuance, unless extended for good cause by the department for a period not to exceed 30 days from the date it would otherwise expire. (18) `Unsatisfactory determination' means a written determination that a person for whom a records check was performed has a criminal record. 49-5-61. On and after July 1, 1984, an applicant for a new license shall have a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility. 49-5-62. Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director of that facility. The department shall contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each records check application submitted thereto by the department, and the department shall make a written determination based upon that records check.

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49-5-63. Within ten days after being furnished the required records check application under Code Section 49-5-62, the department shall notify in writing the license applicant and the director for whom a records check application was received as to whether the department's determination as to that director's preliminary records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to the director of an applicant's facility, that applicant may be issued a temporary license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the determination was unsatisfactory as to the director of an applicant's facility, the applicant shall designate another director for that facility and may not be issued a temporary license for that facility until the department has determined, under the procedures of Code Section 49-5-62 and this Code section that the newly designated director has a satisfactory preliminary records check. 49-5-64. No later than five days after issuing a temporary license based upon a satisfactory preliminary records check determination of a director under Code Section 49-5-63, the department shall transmit to GCIC both sets of fingerprints, the records search fee, and a copy of the application form from that director's records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within 50 days after receiving the fingerprints, application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the fingerprint records check or if there is no such finding. 49-5-65. Within ten days after receiving a GCIC notification under Code Section 49-5-64, the department shall make a determination based thereon and notify in writing the license applicant and the director for whom the records check application was received as to whether that director's fingerprint records check was satisfactory or unsatisfactory. If the fingerprint records check determination was satisfactory as to the director of an applicant's facility, that applicant may be issued a renewable license for that facility. If the fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, within ten days after receiving notification of that determination, that applicant shall designate another director for such facility, for which director the applicant has not received or

Page 1402

made an unsatisfactory preliminary, fingerprint, or employee records check determination. The applicant may then proceed to obtain a temporary and a renewable license for that facility under the conditions and procedures established in Code Sections 49-5-61 through 49-5-65 but shall not operate any such facility without obtaining a renewable license except pursuant to an unexpired temporary license therefor. 49-5-66. Upon the expiration of any license issued prior to July 1, 1984, the center to which such license was issued shall be required to obtain a separate license for each of the center's existing facilities and shall have a separate director for each such facility. An existing facility whose license so expires may only be issued a temporary license until a renewable license may be issued pursuant to Code Section 49-5-67. Such a temporary license may only be issued if the facility otherwise qualifies for a license pursuant to Article 1 of this chapter. Any new facility in this state first owned or operated on or after July 1, 1984, by a center already licensed in this state shall be required to have a new license issued pursuant to Code Sections 49-5-61 through 49-5-65. 49-5-67. Within ten days after a temporary license is issued pursuant to Code Section 49-5-66, the center to whom the license was issued shall furnish to the department a records check application for the director of each of the center's facilities for which a temporary license was issued. Not later than five days after receiving that application, the department shall proceed to have made a fingerprint records check determination based upon such application and may only issue a renewable license to any such facility under the conditions and procedures provided in Code Sections 49-5-64 and 49-5-65. 49-5-68. A center which has obtained a satisfactory fingerprint records check determination for a director of a center's facility shall not again be required to have made such a determination for that director as long as that director remains uninterruptedly employed by the center, whether or not in the same position or facility for which the satisfactory determination was made. 49-5-69. (a) If the director of a facility which has been issued a renewable license based upon a satisfactory fingerprint records check of that director ceases to be the director of that facility, the licensee shall thereupon designate a new director. Within 15 days after such change, the licensee of that facility shall notify the department of such change and of any additional information the department may

Page 1403

require regarding the newly designated director of that facility. Such information shall include but not be limited to any information the licensee may have regarding preliminary, fingerprint, or employee records check determinations regarding that director. Within ten days after receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether a satisfactory or unsatisfactory preliminary, fingerprint, or employee records check determination has ever been made for the newly designated director. If the department determines that such director meets the requirements of Code Section 49-5-68, or within 12 months prior thereto has had a satisfactory fingerprint or employee records check determination, such determination shall be deemed to be a satisfactory fingerprint records check determination as to that director. The license of that facility shall not be adversely affected by that change in director and the licensee shall be so notified within ten days after the department receives the change of director notification. (b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary, fingerprint, or employee records check determination of the newly designated director, the center and that director shall be notified thereof within 15 days after the department received the change of director notification. The license for that director's facility shall be indefinitely suspended no sooner than ten and no later than 15 days after the date the notification of the determination is sent by the department unless the center designates another director for whom it has not received or made an unsatisfactory preliminary, fingerprint, or employee records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there has been no fingerprint or employee records check determination regarding the newly designated director within the immediately preceding 12 months, unless that director qualifies under Code Section 49-5-68, the department shall so notify the center within 15 days after the department received the change of director notification. The center shall furnish to the department the records check application of the newly designated director no later than 15 days after the date the notification is sent by the department or the license of that facility shall be indefinitely suspended. If that records check application is so received, the department shall perform a fingerprint records check and determination for that director as

Page 1404

provided in Code Sections 49-5-64 and 49-5-65 no later than 90 days after the department receives that application. If that determination is satisfactory, the center and director for whom the determination was made shall be so notified within ten days after the department makes its determination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply. 49-5-70. (a) No center may continue to employ after January 1, 1985, any person who was an employee of that center prior to July 1, 1984, unless the director of that center has obtained from a law enforcement agency, at the written request of the department, an employee's records check for that employee and has made, no later than December 31, 1984, a satisfactory determination based thereon. (b) A center may employ a person on or after July 1, 1984, for whom the center is not required to make an employee records check determination pursuant to subsection (a) of this Code section only if the director of that center has obtained from a law enforcement agency, at the written request of the department, an employee records check for that employee and has made, no later than 90 days after the date the person was first employed by that center, a satisfactory determination based thereon. (c) A director of a facility in which is employed a person whom that director knows or should reasonably know to have a criminal record shall be guilty of a misdemeanor. 49-5-71. (a) GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary, fingerprint, and employee records checks required under this chapter and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor. (b) Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this chapter, or who knowingly communicates or attempts to communicate such information obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose

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other than as authorized by this article shall be fined not more than $5,000.00, imprisoned for not more than two years, or both. 49-5-72. (a) Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. (b) A center or its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon a good faith employee records check or determination required to be made by that center or employee pursuant to this article. 49-5-73. The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter. 49-5-74. A determination by the department regarding preliminary, fingerprint, or employee records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984.

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PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS LICENSING LAW ENACTED. Code Title 43, Chapter 7A Enacted. No. 1303 (Senate Bill No. 93). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regulation of certain practitioners of professional counseling, social work, and marriage and family therapy; to provide a short title; to provide for legislative purpose; to provide for definitions; to provide for the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; to provide for standards committees; to prohibit certain advertisements, use of titles, and representations; to provide for exemptions; to prohibit certain practices; to provide experience, education, training, examination, and other requirements for licensure in the professions regulated; to provide for reciprocity; to authorize the performance of certain activities and services by licensees, subject to certain limitations; to provide for fees; to provide for licenses issued under this chapter; to provide for continuing education; to provide for disciplinary actions and for subpoenas, investigations, hearings, and proceedings related thereto; to provide for immunity from liability; to provide for injunctive; and other relief; to provide for penalties; to provide for construction; to provide for termination of the board and the repeal of laws relating thereto; to provide conditions for effectiveness; 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 adding immediately following Chapter 7 of Title 43 a new Chapter 7A to read as follows:

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CHAPTER 7A 43-7A-1. This chapter shall be known and may be cited as the `Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law.' 43-7A-2. It is declared to be the purpose of the General Assembly that the activities of certain persons who utilize certain titles relating to professional counseling, social work, and marriage and family therapy be regulated to ensure the protection of the health, safety, and welfare of the people of this state. 43-7A-3. As used in this chapter, the term: (1) `Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory, or on radio or television. (2) `Allied profession' means the practice of medicine, psychiatric nursing, applied psychology, or pastoral counseling. (3) `Board' means the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists established by this chapter. (4) `Counseling techniques' means those techniques used to help persons learn how to solve problems and make decisions related to personal growth, vocation, family, social, and other interpersonal concerns. (5) `Direction' means the ongoing administrative overseeing of a specialty practitioner's work for the purpose of assuring the quality of the services rendered by that practitioner. Direction may be provided by any person acceptable to the standards committee for that specialty in which the practitioner is working. (6) `Fee' means money or anything of value, including but not limited to a salary, offered or received as compensation in return for rendering services in any specialty.

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(7) `Joint-secretary' means the joint-secretary of the state examining boards. The joint-secretary shall serve as secretary to the board. (8) `Marriage and family therapy' means that specialty which centers primarily upon family relationships and the relationship between husband and wife and which includes, without being limited to, premarital, marital, sexual, family, predivorce, and postdivorce issues. This therapy also involves an applied understanding of the dynamics of marital and family systems, along with the application of psychotherapeutic and counseling techniques for the purpose of resolving intrapersonal and interpersonal conflict and changing perception, attitudes, and behavior in the area of marriage and family life. (9) `Practice a specialty' means to offer to render for a fee or to render for a fee any service involving the application of principles, methods, or procedures of professional counseling, social work, or marriage and family therapy. (10) `Private practice' means practice of a specialty other than in a public or nonprofit agency or entity. (11) `Professional counseling' means that specialty which utilizes counseling techniques based on principles, methods, and procedures of counseling that assist people in identifying and resolving personal, social, vocational, and interpersonal concerns; utilizes information and community resources for personal, social, or vocational development; utilizes individual and group techniques for facilitating problem solving, decision making, and behavior change; utilizes functional assessment, vocational planning and guidance for persons requesting assistance in adjustment to a disability or handicapping condition; utilizes referral, supervision, or direction for persons who request counseling services; and utilizes methods for designing, conducting, and interpreting research, consultation, or both. (12) `Psychotherapeutic techniques' means those specific counseling techniques involving the in-depth exploration and treatment of interpersonal and intrapersonal dynamics but shall not include the performance of those activities exclusively reserved to any other business or profession by any other chapter of this title.

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(13) `Recognized educational institution' means any educational institution which grants a bachelor's, master's, specialist, or doctoral degree and which is recognized by the Council on Post-secondary Accreditation. (14) `Social work' means that specialty which helps individuals, families, couples, groups, or communities to enhance or restore their capacity for social functioning by assisting in the obtaining or improving of tangible social and health services and by counseling and psychotherapeutic techniques in a variety of settings which include but are not limited to mental and physical health facilities, child and family service agencies, or private practice. (15) `Specialty' means ocial work, marriage and family therapy, or professional counseling, or any combination thereof. (16) `Supervision' means the direct clinical review, for the purpose of training or teaching, by a supervisor of a specialty practitioner's interaction with a client. It may include, without being limited to, the review of case presentations, audio tapes, video tapes, and direct observation in order to promote the development of the practitioner's clinical skills. (17) `Supervisor' means a person who meets the requirements established by the standards committee for that specialty which is being supervised and who is either licensed under this chapter or is a psychiatrist or a psychologist. (18) `The Commission on Accreditation for Marriage and Family Therapy Education' means the national accrediting agency for marriage and family therapy education as recognized by the United States Department of Education. (19) `The Council on Social Work Education' means the national accrediting agency for social work education as recognized by the United States Department of Education and National Commission on Accrediting. 43-7A-4. (a) There is created the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists. The board shall consist of ten members who have been residents of this state for at least 12 months prior to taking office. The ten members shall be constituted as follows:

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(1) Three members licensed in professional counseling, two of whom shall be designated at the time of their appointment to serve an initial term ending December 31, 1988, and one of whom shall be designated to serve an initial term ending December 31, 1987; (2) Three members licensed as social workers, one of whom shall be designated at the time of appointment to serve an initial term ending December 31, 1988, the other two of whom shall be designated to serve an initial term ending December 31, 1987; (3) Three members licensed as marriage and family therapists, two of whom shall be designated at the time of their appointment to serve an initial term ending December 31, 1987, and one of whom shall be designated to serve an initial term ending December 31, 1988; and (4) One member who shall represent the public at large and have no professional connection with any specialty to serve an initial term ending December 31, 1988. (b) All members of the board shall be appointed by the Governor, subject to confirmation by the Senate. Those members first appointed to the board under this chapter shall serve for initial terms of office beginning September 1, 1985. Those members of the board required to be licensed and who are first appointed to the board shall be persons who are practicing in the designated specialty at the time of appointment and who must be licensed therein as required within 12 months following their appointment. (c) After the initial terms specified in subsection (a) of this Code section, members of the board shall take office on the first day of January immediately following the expired term of that office and shall serve for a term of three years and until the appointment and qualification of their respective successors. No member shall serve on the board more than two consecutive terms. (d) Members of the board may be removed by the Governor, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, or conviction of any felony. (e) Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the

Page 1411

original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed and qualified. (f) Any person appointed to the board when the Senate is not in regular session may serve on the board without Senate confirmation until the Senate acts upon that appointment. 43-7A-5. (a) The members of the board shall take an oath to perform faithfully the duties of their office. Within 30 days after taking the oath of office, the first board appointed under this chapter shall meet for an organizational meeting on call by the joint-secretary. At such meeting and at an organizational meeting in January every odd-numbered year thereafter, the board shall elect from its members a chairperson and vice chairperson to serve for terms of two years. (b) The quorum for the transaction of business of the board shall be as provided in subsection (b) of Code Section 43-1-12. (c) Unless specifically delegated to a standards committee pursuant to Code Section 43-7A-6, the board shall have the following powers and duties: (1) To adopt, amend, and repeal such rules and regulations not inconsistent with this chapter necessary for the proper administration and enforcement of this chapter; (2) To issue, renew, and reinstate the licenses of duly qualified applicants for licensure to practice a specialty in this state; (3) To deny, suspend, revoke, or otherwise sanction licenses to practice a specialty in this state; (4) To initiate investigations for the purpose of discovering violations of this chapter; (5) To conduct hearings upon charges calling for the discipline of a licensee or on violations of this chapter; (6) To issue to specialists licensed under this chapter certificates under the seal of the board evidencing such licensure and signed, either by hand or facsimile signature, by the chairperson of the board and the joint-secretary;

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(7) To adopt a seal; and (8) To do all other things necessary to administer and enforce this chapter and all rules and regulations adopted by the board pursuant to this chapter. (d) The board shall adopt a code of ethics to govern the behavior of persons licensed under this chapter, including but not limited to the prohibiting of practice in those areas in which the specialty practitioner has not obtained university level graduate training or substantially equivalent supervised experience. (e) Each member of the board shall be reimbursed as provided in subsection (f) of Code Section 43-1-2. (f) After a person has applied for licensure, no member of the board may supervise or direct such applicant for a fee nor shall any member vote on any applicant previously supervised or directed by that member. (g) The board shall hold at least two regular meetings each year. Additional meetings may be held upon the call of the chairperson of the board or at the written request of any four members of the board. 43-7A-6. (a) Those members of the board from the professional counseling specialty, the social work specialty, and the marriage and family therapy specialty shall constitute a separate standards committee for their respective specialty. Each standards committee by majority vote shall approve or disapprove the granting of all licenses in that specialty, approve the examination required of applicants for licensure in that committee's specialty and provide for the grading of that examination, and provide for other matters relating to licensure in that specialty. (b) No decision of a standards committee shall become effective until approved by the board. The board may initiate or otherwise act regarding any matter in which a standards committee is authorized to act. No decision of the board regarding a particular specialty shall become effective without the approval of at least two of the members of the standards committee for that specialty. (c) Meetings of a standards committee shall be reimbursed on the same basis as board meetings.

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43-7A-7. (a) Except as otherwise provided in this chapter, a person who is not licensed under this chapter shall not advertise that such person is so licensed nor use the title `professional counselor,' `social worker,' or `marriage and family therapist,' nor use any words, letters, titles, or figures indicating or implying that the person is a professional counselor, social worker, or marriage and family therapist or is licensed under this chapter. (b) The prohibition of subsection (a) of this Code section shall not apply to the following persons: (1) Persons engaged in the practice of any specialty prior to July 1, 1985, but the prohibition of subsection (a) of this Code section shall apply to such persons on and after July 1, 1987; (2) Persons licensed to practice medicine or applied psychology under Chapter 34 or 39, respectively, of this title; (3) Persons engaged in the practice of a specialty as an employee of any agency or department of the federal government or any licensed hospital or long-term care facility, but only when engaged in that practice as an employee of such agency, department, hospital, or facility; (4) Persons who, prior to July 1, 1987, engaged in the practice of a specialty as an employee of any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department; (5) Students of a recognized educational institution who are preparing to become practitioners of a specialty, but only if the services they render as such practitioners are under supervision and direction and their student status is clearly designated by the title `trainee' or `intern'; (6) Primary, middle, or secondary school social workers certified as school social workers by the Department of Education but only in the course of such employment and only when designated by the title `school social worker'; (7) Active members of the clergy but only when the practice of their specialty is in the course of their service as clergy;

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(8) Members of religious ministries responsible to their established ecclesiastical authority who possess a master's degree or its equivalent in theological studies; (9) Persons engaged in the practice of a specialty in accordance with Biblical doctrine in public or nonprofit agencies or entities or in private practice; (10) Persons engaged in the practice of a specialty as an employee of the Department of Family and Children Services but only when engaged in such practice as an employee of that department; and (11) Persons who have obtained a bachelor's degree in social work from a school accredited by the Council on Social Work Education may use the title `social worker.' (c) Unless exempt under paragraph (1), (2), (3), (7), (9), or (11) of subsection (b) of this Code section, a person who is not licensed under this chapter shall not practice a specialty for any corporation, partnership, association, or other business entity which uses in its corporate, partnership, association, or business name any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty. 43-7A-8. No person shall be eligible for licensure under this chapter unless such person furnishes satisfactory evidence to the board of all of the following: (1) Having met the education, training, and experience requirements of Code Section 43-7A-11, 43-7A-12, or 43-7A-13 regarding that specialty for which a license is sought; (2) Having successfully passed the examination established for that specialty under Code Section 43-7A-9, except that: (A) Persons practicing a specialty on or before July 1, 1985, who have applied for licensure prior to July 1, 1986, and who meet the requirements of paragraph (1) of this Code section; and (B) Persons meeting the requirements of Code Section 43-7A-10, relating to licensure by reciprocity,

Page 1415

shall not be required to pass such examination; (3) Having paid any required license fee; and (4) Having furnished at least two personal references from supervisors, teachers, or any combination thereof. 43-7A-9. The board shall provide for the conduct of examinations for licensure in each specialty at least twice a year. Examinations may be written, oral, experiential, or any combination thereof and shall deal with such theoretical and applied fields as prescribed by the board. The examinee's name shall not be disclosed to any person grading the examination until that grading is complete. 43-7A-10. The board may issue a license without examination to any applicant licensed in a specialty under the laws of another state or territory having requirements for licensure in that specialty which are substantially equal to the licensure requirements for that specialty in this state if that state or territory accords a similar privilege to holders of licenses under this chapter. 43-7A-11. (a) The education, experience, and training requirements for licensure in professional counseling are as follows: (1) A doctoral degree from a recognized educational institution in a program that is primarily counseling in content and requires at least one year of supervised internship in a work setting acceptable to the board; or (2) A specialist degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and two years of directed experience with at least one year under supervision in setting acceptable to the board; or (3) A master's degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and four years of directed experience with at least one year under supervision in a setting acceptable to the board. Up to one year of such directed experience may have been in an approved practicum placement as part of the degree program.

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(b) For purposes of subsection (a) of this Code section, work settings acceptable to the board may include, but are not limited to, educational, rehabilitation, career development, mental health, community, or industrial organizations. 43-7A-12. (a) The education, experience, and training requirements for licensure in social work are as follows: (1) For licensure as a master's social worker, a master's degree in social work from a school accredited by the Council on Social Work Education and as defined by the board one year's full-time directed experience and as defined by the board one year's full-time supervised experience in the practice of social work following the granting of that degree; and (2) For licensure as clinical social worker: (A) A master's degree in social work from a school accredited by the Council on Social Work Education; and (B) As defined by the board, four years' full-time supervised experience in the practice of social work following granting of the master's degree, except that one year of supervised experience may have been in an approved practicum placement as part of a degree program. A doctoral degree in a specialty, an allied profession, or child and family development may substitute for one year of such supervised experience. At least one year of experience shall have occurred within two years immediately preceding application for licensure as a clinical social worker, or the applicant shall have met the continuing education requirement established by the board for clinical social work during the year immediately preceding application. (b) Licensed master's social workers may render or offer to render to individuals, couples, families, groups, organizations, governmental units, or the general public service which is guided by knowledge of social resources, social systems, and human behavior. They may provide evaluation, prevention, and intervention services which include but are not restricted to community organization, counseling techniques, and supportive services such as administration, direction, consultation, research, or education. The first two years of their practice after licensure as a master's social worker shall

Page 1417

be under direction and may only be in a public or private nonprofit agency or other licensed private agency approved by the board. Thereafter, they may engage in private practice, except that those social workers whose practice includes counseling or psychotherapeutic techniques may only engage in such practice under the supervision of a duly qualified supervisor and only for such period of time as is prescribed for qualification to take the clinical social work licensing examination. The supervision schedule and supervisor must be acceptable to the board and must be approved prior to entering private practice. (c) Licensed clinical social workers may provide supervision, direction, psychosocial evaluations, counseling, and psychotherapeutic services to individuals, couples, families, and groups, may interpret the psychosocial dynamics of a situation to individuals, couples, families, or groups in such settings as private practice, health care facilities, and schools, and may provide direct evaluation, prevention, and intervention services in situations threatened or affected by social and intrapersonal stree or health impairment. 43-7A-13. The education, experience, and training requirements for licensure in marriage and family therapy are as follows: (1) A master's degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution and, after July 1, 1987, shall include a course of study in the principles and practice of marriage and family therapy; four years' full-time post-master's experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the master's degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy; or (2) A doctorate degree in a program, which degree and program shall meet the requirements of paragraph (1) of this Code section; two years' full-time post-master's experience under direction in the practice of marriage and family therapy, one year of

Page 1418

which may have been in an approved internship program; and 100 hours of supervision in the practice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral program. 43-7A-14. Application, examination, license, license renewal, and penalty fees shall be established by the board pursuant to Code Section 43-1-7. 43-7A-15. Expiration, renewal, and penalty dates for licenses issued under this chapter shall be established pursuant to Code Section 43-1-4. No person whose license has expired shall have such license reinstated without complying with the rules and regulations regarding reinstatement set forth by the board. 43-7A-16. The board shall establish continuing education requirements for license renewal. The number of hours of continuing education in each specialty shall not exceed the number of hours available that year in each such specialty in board approved courses within the state. The board may waive these continuing education requirements for not more than 12 months, but such waiver shall only be available upon the licensee's satisfactory showing to the board of undue hardship. 43-7A-17. (a) The board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by the board or to discipline a person licensed by the board, 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 rules or regulations promulgated thereunder; 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 a specialty or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to

Page 1419

practice the specialty; or made a false statement or deceptive 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 country or in the courts of the United States; as used in this paragraph and paragraph (4) of 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 paragraph, 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) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication or sentence was otherwise withheld or not entered on the charge except with respect to a plea of nolo contendere. 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 of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his license to practice a specialty revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing 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 the specialty, 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

Page 1420

directly related to the practice of the specialty 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 practice of the specialty; (7) 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 unlawfully a specialty or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) 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 the specialty, 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; (9) 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; or (10) Displayed an inability to practice the specialty with reasonable skill and safety to the public or has become unable to practice the specialty with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material. (b) The provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' with respect to emergency action by a state examining board and summary suspension of a license are adopted and incorporated by reference into this Code section.

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(c) For purposes of this Code section, the board may obtain, through subpoena by the joint-secretary, 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 or the laws, rules, or regulations relating to a specialty, 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; (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; or (7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the specialty. (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.

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(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 Code section. (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 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. (3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his capacity as licensee 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 person who received those services 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.

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(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 provisions of this chapter 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 proceeding involving the provisions of subsection (a) of this Code section shall be immune from civil and criminal liability for so testifying. (j) Neither 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 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 after reasonable notice fails to appear at any hearing of the board, 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 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 or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of the board. The board may restore and reissue a license to practice a specialty and, as a condition thereof, may impose any disciplinary sanction provided by this Code section.

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(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) Regulation by the board of a specialty shall not exempt licensees under this chapter from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975.' 43-7A-18. Whenever it shall appear to the board that any person is or has been violating any provisions of this chapter or any of the lawful rules, regulations, or orders of the board, the board, the joint-secretary, or the appropriate district attorney may file a petition for injunction in the proper superior court of this state against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy available, including but not limited to any right of criminal prosecution provided by law. 43-7A-19. It shall be unlawful for a person to obtain or attempt to obtain a license under this chapter by fraudulent representation. 43-7A-20. Any person violating Code Section 43-7A-19 or Code Section 43-7A-7 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $1,000.00 for each offense and, in addition, may be imprisoned for a term not to exceed 12 months. 43-7A-21. (a) No corporation, partnership, association, or other business entity may use in its corporate, partnership, association, or business name any term or title restricted under subsection (a) of Code Section 43-7A-7 or the term `professional counseling,' `social work,' or `marriage and family therapy,' or any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty regulated under this Act, unless each person practicing a specialty in that entity, except those persons exempt under paragraph (1), (2), (3), or (9) of subsection (b) of Code Section 43-7A-7, is licensed under this chapter.

Page 1425

(b) Any corporation, partnership, association, or other business entity which violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not less than $500.00 nor more than $1,000.00 for each offense. 43-7A-22. Nothing in this chapter shall be construed to authorize persons licensed under this chapter to practice nursing, occupational therapy, physical therapy, medicine, applied psychology, or recreational therapy, as regulated under Chapters 26, 28, 33, 34, 39, and 41, respectively, of this title nor shall anything in this chapter be construed to limit or regulate the practice of those licensed under said Chapters 26, 28, 33, 34, 39, and 41 of this title, nor shall anything in this chapter be construed to authorize persons licensed under this chapter to perform psychological testing. 43-7A-23. Nothing in this chapter shall be construed to mandate insurance coverage or reimbursement for specialty practitioners licensed under this chapter. 43-7A-24. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists 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 only when the funds necessary to carry out its purposes are appropriated by the General Assembly. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984.

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SOCIAL SERVICESPUBLIC ASSISTANCEDEFINITION OF DEPENDENT CHILD CHANGED. Code Section 49-4-101 Amended. No. 1304 (House Bill No. 152). AN ACT To amend Code Section 49-4-101 of the Official Code of Georgia Annotated, relating to definitions as used in the Aid to Dependent Children Act, so as to change the definition of dependent child; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 49-4-101 of the Official Code of Georgia Annotated, relating to definitions as used in the Aid to Dependent Children Act, is amended by striking paragraph (2) of said Code section in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Dependent child' means a needy child under the age of 18 years: (A) (i) Who is in attendance in a public school, private school, or vocational school or who, due to disability or illness, is unable to attend school; (ii) Who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent and whose relatives are not able to provide adequate care and support of such child without public assistance; and (iii) Who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, guardian, or aunt in a place of residence maintained by one or more of such relatives as his or their own home; provided, however, that in the event a

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child receiving assistance ceases to live with one of the relatives specified in this division due to the death of such relative or other emergency, the child's status as a dependent child shall continue for a temporary period during such emergency. `Dependent child' also includes a child who otherwise meets the criteria of the definition of a dependent child except for his removal from the home of a relative specified in this subparagraph as a result of a judicial determination to the effect that continued living therein would be detrimental to the welfare of the child; for whose placement and care the department is responsible; who has been placed in a foster family home as a result of such determination; and who received aid to dependent children for the month in which court proceedings leading to such determination were initiated; or (B) Who is in attendance in a public school, private school, or vocational school or who, due to disability or illness, is unable to attend school, and who is living with both parents but the parent who is the principal wage earner, as defined in 45 C.F.R. 233.100, is not able to provide adequate care and support of such child without public assistance. In order for a child to meet the criteria of the definition of dependent child as set forth in this subparagraph, the principal wage earner shall have been unemployed for a period of at least 30 days, shall not have refused, within that period, a bona fide offer of employment or training for employment, and shall have a previous history of working or of having received or been qualified to receive unemployment compensation, but shall not then be receiving such unemployment compensation; the principal wage earner shall be deemed to be unemployed if that person is employed less than 100 hours per month or is only intermittently or temporarily employed 100 or more hours per month, but such unemployment shall not be by reason of participation in a labor dispute; the principal wage earner shall be registered with the state employment office; and the principal wage earner shall be certified for participation in a work incentive program not later than 30 days after meeting the requirements of this subparagraph. Nothing in this subparagraph shall be construed to establish requirements for dependent children or principal wage earners which would result in the denial of federal financial participation for payments to dependent children made pursuant to this subparagraph.

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Section 2 . This Act shall become effective when funds become available. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. HEALTHRADIATION CONTROLDEPARTMENT OF HUMAN RESOURCES AUTHORIZED TO COLLECT CIVIL PENALTIES IN CERTAIN CASES. Code Section 31-13-15 Amended. No. 1305 (House Bill No. 457). AN ACT To amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, relating to radiation control, so as to provide the Department of Human Resources with the authority to impose and collect civil penalties for violations of rules and regulations promulgated under Chapter 13 or for violation of any orders issued thereunder; to provide for procedural requirements; 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 13 of Title 31 of the Official Code of Georgia Annotated, relating to radiation control, is amended by striking Code Section 31-13-15, relating to penalties, in its entirety and inserting in lieu thereof a new Code Section 31-13-15 to read as follows: 31-13-15. (a) Any person who violates the provisions of Code Section 31-13-7 or any rule or regulation promulgated thereunder, or who violates the provisions of Code Section 31-13-14, or who hinders,

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obstructs, or otherwise interferes with any representative of the department in the discharge of his official duties in making inspections as provided in Code Section 31-13-5 or in impounding materials as provided in Code Section 31-13-11 shall be guilty of a misdemeanor. (b) (1) Any person who: (A) Violates any licensing or registration provision of this chapter or any rule, regulation, or order issued under this chapter or any term, condition, or limitation of any license or registration certificate under this chapter; or (B) Commits any violation for which a license or registration certificate may be revoked under rules or regulations issued pursuant to this chapter may be subject to a civil penalty, to be imposed by the department, not to exceed $1,000.00. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. (2) Whenever the department proposes to subject a person to the imposition of a civil penalty under this subsection, it shall notify such person in writing: (A) Setting forth the date, facts, and nature of each act or omission with which the person is charged; (B) Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, license, or registration certificate involved in the violation; and (C) Advising of each penalty which the department proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the department to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the department shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise

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such person that, upon failure to pay the civil penalty subsequently determined by the department, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (3) On the request of the department, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this subsection. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him for collection. (4) All moneys collected from civil penalties shall be paid to the state for deposit in the general fund. Section 2 . This Act shall become effective upon its approval by 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 4, 1984. ELECTIONSVOTER REGISTRATION PLACESDUTY OF STATE ELECTION BOARD TO ADOPT RULES. Code Section 21-2-218 Amended. No. 1306 (House Bill No. 1172). AN ACT To amend Code Section 21-2-218 of the Official Code of Georgia Annotated, relating to the main office of the board of registrars and

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other designated locations, so as to provide that the State Election Board shall adopt rules and regulations governing the selection of voter registration places; to provide that boards of registrars may not adopt rules nor utilize procedures inconsistent with such rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 21-2-218 of the Official Code of Georgia Annotated, relating to the main office of the board of registrars and other designated locations, is amended by adding at the end thereof a new subsection (g) to read as follows: (g) The State Election Board shall adopt rules and regulations setting forth criteria governing the selection of voter registration places in conformity with the provisions of subsection (f) of this Code section. Boards of registrars shall not adopt rules nor utilize procedures inconsistent with such rules and regulations adopted by the State Election Board, provided, however, that nothing contained herein shall supersede the ultimate authority of local boards in selecting additional voter registration sites. Section 2 . This Act shall become effective upon its approval by 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 4, 1984.

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LOCAL GOVERNMENTCOPIES OF SUBMISSIONS TO UNITED STATES DEPARTMENT OF JUSTICE TO BE FURNISHED ATTORNEY GENERAL, ETC. Code Section 36-60-11 Enacted. No. 1307 (House Bill No. 1418). AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that a copy of any submission made by a county, municipality, or local board of education to the United States Department of Justice pursuant to Section 5 of the federal Voting Rights Act of 1965 shall be transmitted to the Attorney General; to authorize the Attorney General to review and comment on the adequacy of such submission and to assist the county, municipality, or local board of education in making such submission; 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 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding at the end thereof a new Code Section 36-60-11 to read as follows: 36-60-11. (a) Whenever any county, municipality, or local board of education of this state takes any action which must be submitted for review to the United States Department of Justice pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, 42 U.S.C., Section 1973c., a copy of such submission shall be transmitted to the Attorney General. (b) Whenever any county, municipality, or local board of education is required to submit a local Act of the General Assembly to the United States Department of Justice for review pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, 42 U.S.C., Section 1973c., a copy of such submission shall be submitted to the Attorney General.

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(c) The Attorney General shall be authorized to review and comment to the county, municipality, or local board of education on the adequacy of a submission received by that officer pursuant to subsection (a) or (b) of this Code section. The Attorney General shall be further authorized to assist any county, municipality, or local board of education in the preparation of a submission to the United States Department of Justice. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1984. ADOPTIONACCESS TO RECORDS BY DEPARTMENT OF HUMAN RESOURCES. Code Section 19-8-18 Amended. No. 1308 (House Bill No. 309). AN ACT To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to allow the Department of Human Resources to petition the Superior Court of Fulton County to have access to its records in special 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 . Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking Code Section 19-8-18, relating to records of adoption and the examination or use of such records, in its entirety and inserting in lieu thereof a new Code Section 19-8-18 to read as follows:

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19-8-18. (a) The original petition, all amendments and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report of the investigating agent as provided for in Code Section 19-8-11, shall be recorded in a book kept for that purpose and properly indexed; and the book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All of the records, including the docket book, of the court granting the adoption, of the Department of Human Resources, and of the licensed child-placing agency that relate in any manner to the adoption shall be kept sealed and locked. The records may only be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction with not less than ten days' written notice to the Department of Human Resources and the appropriate licensed child-placing agency, the matter has come on before the court in chambers and the court has entered an order permitting such examination. (b) The Department of Human Resources or the licensed child-placing agency may in its sole discretion make use of any information contained in the records of the respective department or agency relating to the adoptive parents in connection with a subsequent adoption matter involving the same adoptive parents. (c) The Department of Human Resources may, in its sole discretion, petition the Superior Court of Fulton County to obtain a court order to make use of any information contained in its records on a child when an adoption disrupts after finalization and when such records are required for the permanent placement of such child. (d) Upon the request of a party at interest in the adoption or of a provider of medical services to such a party when certain information is necessary because of a medical emergency or for medical diagnosis or treatment, the Department of Human Resources may, in its sole discretion, petition the Superior Court of Fulton County to obtain access to its own records on finalized adoptions for the purpose of adding subsequently obtained medical information or to release nonidentifying medical information contained in its records on such adopted persons. (e) Records relating in any manner to adoption shall not be open to the general public for inspection.

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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 4, 1984. CRIMES AND OFFENSESBAD CHECKSSERVICE CHARGE ALLOWABLE CHANGED. Code Section 16-9-20 Amended. No. 1309 (House Bill No. 1197). 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 change the service charge allowable for bad checks; 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 (2) of subsection (a) thereof and inserting in its place a new paragraph to read as follows: (2) Payment was refused by the drawee for lack of funds upon presentation within 30 days after delivery and the accused or someone for him shall not have paid the holder thereof the amount due thereon, together with a service charge not to exceed $15.00 or 5 percent of the face amount of the instrument, whichever is greater, within ten days after receiving written notice that payment was refused upon such instrument. For purposes of this paragraph:

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(A) Notice mailed by certified or registered mail evidenced by return receipt to the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the person making, drawing, uttering, or delivering the instrument; and (B) The form of notice shall be substantially as follows: `You are hereby notified that a check or instrument numbered, issued by you on(date), drawn upon(name of bank), and payable to, has been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of $15.00 or 5 percent of the face amount of the check, whichever is greater, the total amount due beingdollars andcents. Unless this amount is paid in full within the specified time above, the holder of the check or instrument may turn over the dishonored check or instrument and all other available information relating to this incident to the district attorney or solicitor for criminal prosecution.'; or Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1984.

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AD VALOREM TAXATION OF PROPERTYEXEMPTION FOR EDUCATIONAL PURPOSES OF CERTAIN HOMESTEADS. Code Section 48-5-52 Amended. No. 1310 (House Bill No. 1166). AN ACT To amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to exemption from ad valorem taxation for educational purposes of homesteads of qualified individuals 62 years of age or over, so as to provide that, after the owner of a homestead has filed an affidavit and has been allowed the exemption, it shall not be necessary to make application and file thereafter for any year and the exemption shall continue to be allowed to such owner; to provide that it shall be the duty of any such owner to notify the tax commissioner or tax receiver in the event such owner becomes ineligible for any reason for such exemption; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to exemption from ad valorem taxation for educational purposes of homesteads of qualified individuals 62 years of age or over, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) The exemption provided for in subsection (a) of this Code section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the commissioner for that purpose, is filed with either the tax receiver or tax commissioner, in the case of residents of county school districts, or with the governing authority of the owner's city, in the case of residents of independent school districts. (2) The affidavit shall show the:

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(A) Age of the owner on January 1 immediately preceding the filing of the affidavit; (B) Total amount of income received by the owner from all sources during the immediately preceding calendar year; (C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and (D) Such additional information as may be required by the commissioner. (3) Copies of all affidavits received or extracts of the information contained in the affidavits shall be forwarded to the commissioner by the various taxing authorities with whom the affidavits are filed. The commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the department and to report immediately to the appropriate county or city taxing authority any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the department. (4) After the owner has filed the affidavit and has been allowed the exemption provided for in this Code section, it shall not be necessary to make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner; provided, however, that it shall be the duty of any such owner to notify the tax commissioner or tax receiver in the event the owner becomes ineligible for any reason for the exemption provided for in 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 April 5, 1984.

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UNIFORM PARTNERSHIP ACT ENACTED. Code Title 14, Chapter 8 Amended. No. 1311 (Senate Bill No. 389). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise, modernize, and supersede the laws of Georgia relating to partnerships; to adopt the Uniform Partnership Act; to provide for a short title; to provide for definitions; to provide for interpretation and rules of construction; to provide for the creation, existence, operation, rights, obligations, powers, duties, property, agents, liabilities, books, records, practices, procedures, terms, interests, dissolution, termination, and winding up of partnerships, partners, purported partners, and agents thereof; to provide for actions; to provide for distributions; to provide for other matters relative to partnerships; 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 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking Chapter 8, relating to partnerships generally, in its entirety and inserting in lieu thereof a new Chapter 8 to read as follows: CHAPTER 8 14-8-1. This chapter may be cited as the `Uniform Partnership Act.' 14-8-2. As used in this chapter, the term: (1) `Bankrupt' means a person who is the subject of: (A) The entry of an order for relief under Section 303(h) of the Bankruptcy Code (11 U.S.C. Section 303(h)) or the filing of a petition for voluntary bankruptcy under Section

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301 of the Bankruptcy Code (11 U.S.C. Section 301) as these provisions may be now or hereafter amended; or (B) An equivalent order or petition under any successor statute or code of general application; or (C) An equivalent order or petition under any state insolvency Act. (2) `Business' includes every trade, occupation, or profession. (3) `Conveyance' includes every assignment, deed, transfer, lease (including the creation of a usufruct), mortgage or pledge of tangible, intangible or real property, and also the creation or cancellation of any lien, encumbrance, or security title. (4) `Court' includes every court and judge having jurisdiction in the case. (5) `Interest' means interest at the legal rate which applies where the rate percent is not named in the contract as provided by Code Section 7-4-2 or any successor statute. (6) `Person' includes a natural person, partnership, limited partnership (domestic or foreign), trust, estate, association or corporation. Any person may be a partner unless the person lacks capacity apart from this chapter. (7) `Real property' includes any estate or interest, including usufructory interests, in, over or under land, including minerals, structures, fixtures and other things which by custom, usage, or law pass with a conveyance of land though not described or mentioned in an instrument of conveyance or in a contract to make such a conveyance. 14-8-3. (a) A person has `knowledge' of a fact within the meaning of this chapter not only when such person has actual knowledge thereof, but also when he has knowledge of such other facts as in the circumstances shows bad faith. (b) A person has `notice' of a fact within the meaning of this chapter when the person who claims the benefit of the notice:

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(1) States the fact to such person; or (2) Delivers through the mail, or by other means of communication, a written statement of the fact to such person or to a proper person at his place of business or residence. 14-8-4. (a) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter. (b) The law of estoppel shall apply under this chapter. (c) The law of agency shall apply under this chapter. (d) This chapter shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it. (e) This chapter shall not be construed so as to impair the obligations of any contract existing when this chapter goes into effect, nor to affect any action or proceedings begun or right accrued before this chapter takes effect. (f) This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. (g) The validity of an instrument executed on behalf of the partnership by a partner shall not be affected by the formality with which the partnership contract was executed. 14-8-5. In any case not provided for in this chapter, the other provisions of this Code and the rules of common law and equity shall govern. 14-8-6. (a) A partnership is an association of two or more persons to carry on as co-owners a business for profit. (b) But any association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under this chapter, unless such association would have been a partnership in this state prior to the

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adoption of this chapter; but this chapter shall apply to limited partnerships except insofar as the statutes relating to such partnerships are inconsistent with this chapter. 14-8-7. In determining whether a partnership exists, the following rules shall apply: (1) Except as provided by Code Section 14-8-16 persons who are not partners as to each other are not partners as to third persons; (2) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profits made by the use of the property; (3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived; (4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business; provided, however, that no such inference shall be drawn if profits were received in payment of the following, even though the amount of payment varies with the profits of the business: (A) A debt, whether by installments or otherwise; (B) Wages, salary, or other compensation to an employee or independent contractor; (C) Rent to a landlord; (D) An annuity or other payment to a surviving spouse or representative of a deceased partner; (E) Interest or other payment or charge on a loan; (F) Consideration for the sale of good will of a business or other property, whether by installments or otherwise.

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14-8-8. (a) Subject to subsection (d) of this Code section, property, whether real or personal, is presumed to be partnership property where: (1) It is included as such in the agreement of partnership or described in any recorded statement of partnership under Code Section 14-8-10A; or (2) It is acquired in the partnership name. (b) Subject to subsection (d) of this Code section, property is presumed to be partnership property if it is purchased with partnership funds even though the title or other interest is acquired in the name of an individual partner or partners. (c) Subject to paragraph (1) of subsection (a) and subsection (d) of this Code section, where property is acquired in the name of an individual partner or partners without use of partnership funds the property shall be presumed to be the separate property of that individual partner or partners even though the property was used for partnership purposes. (d) Real property and other property held of public record otherwise than in the partnership name, the ownership of which is customarily publicly recorded, shall not be deemed to be partnership property to the prejudice of a person who is not a partner and who did not have actual knowledge to the contrary. (e) Where property was partnership property under a predecessor partnership, the business of which was continued under a new or reconstituted partnership, the presumption of subsection (c) of this Code section shall not be applicable and whether such property is to be considered partnership property of the new partnership or the separate property of the surviving members of the predecessor partnership shall be determined on the basis of the intention of the parties. (f) Any estate in real property may be acquired in the partnership name and title to any estate so acquired shall vest in the partnership itself rather than in the partners individually. Title may be conveyed in accordance with Code Section 14-8-10.

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(g) A conveyance to a partnership in the partnership name, though without words of inheritance, passes the entire estate of the grantor unless a contrary intent appears. 14-8-9. Subject to the provisions of Code Section 14-8-10A: (1) Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority; (2) An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authorized by the other partners in the partnership agreement, at the time of the transaction or at any other time; (3) Unless authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to: (A) Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership; (B) Dispose of the good-will of the business; (C) Do any other act which would make it impossible to carry on the ordinary business of a partnership; (D) Confess a judgment; (E) Submit a partnership claim or liability to arbitration or reference; (4) No act of a partner in contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction.

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14-8-10. (a) Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property if the partnership proves that the partner's act did not bind the partnership under the provisions of Code Section 14-8-9, unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority. (b) Where title to real property is in the name of one or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partnership proves that the partners' act did not bind the partnership under the provisions of Code Section 14-8-9, unless the purchaser or his assignee is a holder for value without knowledge. (c) Where title to real property is in the name of one or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership unless the partnership proves that the act was not one within the authority of the partner under the provisions of Code Section 14-8-9. (d) Where the title to real property is in the names of all the partners a conveyance executed by all the partners passes all their rights in such property. 14-8-10A. (a) A statement of partnership in the name of the partnership, signed by all of the partners or by any partner who is authorized in the partnership agreement to do so on behalf of the partnership, and witnessed and notarized, may be recorded in the office of the clerk of the superior court of any county and shall be recorded by such clerk in a book to be kept for that purpose and open to public inspection. If the partnership shall desire to file such a statement in more than one county, a transcript of the statement, duly certified by the clerk in whose office it was originally filed, under such clerk's official seal, shall be filed and recorded in like manner in the office of the clerk of the superior court in every such county. As a prerequisite to such filing, the clerk of each such registry may collect a fee in the amount of the fee then allowed for the filing of certificates of limited partnerships.

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(b) A statement of partnership shall state: (1) The name of the partnership; (2) The location of the principal place of business of the partnership, if any; (3) The names and places of residence of all of the partners; (4) The term for which the partnership is to exist, or that it is to exist until terminated by law or according to its provisions; (5) Any limitations on the authority of one or more partners to act on behalf of the other partners or the partnership, beyond that authority defined in this chapter, which the partnership desires to disclose; (6) Any authority beyond that defined in this chapter on the part of one or more partners to act on behalf of the other partners or the partnership which the partnership desires to disclose; (7) Any property (including real property) belonging to the partnership, even if not titled in the name of the partnership, which the partnership desires to disclose; provided that, with respect to real property, the statement shall specifically refer by both book and page to the place wherein the instrument last conveying such real property is recorded and all clerks of the superior courts filing such statement shall make appropriate cross-references in the appropriate indices between such statement and such instrument. Title to all real property so described and cross-referenced shall be deemed to be held in the partnership name from the date of the filing of such statement without the necessity for any separate instrument of conveyance; (8) If the partnership or the partnership business has been continued despite the death or withdrawal of any partner by reason of an agreement provided for in Code Section 14-8-31 or 14-8-38, the statement or any amendment thereto may state the name and date of death or withdrawal of such deceased or withdrawing (whether voluntarily or involuntarily, according to the terms of the agreement) partner and that the partnership or the partnership business was continued despite such death or withdrawal because of the existence of such agreement.

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(c) A statement of partnership may state such other matters as the partnership may desire to disclose. (d) The information referred to in subsections (b) and (c) of this Code section may be provided in whole or in part by recording a partnership agreement as the statement of partnership. (e) A statement of partnership may be amended at any time and for any proper purpose the partners may determine by instrument executed and recorded in the same manner as such statement. Such instrument shall set forth: (1) The name of the partnership; (2) The date or dates of filing of the statement of partnership and any prior amendments thereto; (3) The place or places (by reference to book and page) wherein the statement of partnership and any prior amendments thereto are recorded; and (4) The amendment to the statement of partnership. (f) It shall be conclusively presumed against the partnership that the persons named as partners in a statement of partnership are members of the partnership named, that they are all of the members of the partnership, that the partners have the authority disclosed by this statement, that there are no limitations on this authoirty beyond those contained in this chapter other than those disclosed in this statement, that any partner stated to be dead is deceased, that any partner stated to have withdrawn has withdrawn from the partnership and that the partnership was not dissolved by reason of such death or withdrawal, unless there is recorded by anyone claiming to be a partner, or a personal representative, whether executor, administrator, guardian, or conservator, of such partner, a statement of partnership, verified and acknowledged by the person executing it, which shall set forth the name of the partnership, a statement that such person claims to be a member of such partnership, or a personal representative of such member, or a statement that any of the persons named in a previously recorded statement of partnership are not members of such partnership, or a statement that any of the other facts stated in a previously recorded statement of partnership are not true.

Page 1448

(g) The existence of the facts described in subsection (f) of this Code section shall be conclusively presumed in favor of the partnership and against a grantee from the partnership of partnership real property located in a county in which a statement of partnership or a certified copy thereof has been recorded. It shall also be conclusively presumed in favor of the partnership and against such a grantee that a partner's authority to act for the partnership is limited as provided in a statement of partnership. 14-8-11. An admission or representation made by any partner concerning partnership affairs within the scope of his authority is evidence against the partnership. 14-8-12. Notice to any partner of any matter relating to partnership affairs, and the knowledge of the partner acting in the particular matter, acquired while a partner or then present to his mind, and the knowledge of any other partner who reasonably could and should have communicated it to the acting partner operate as notice to or knowledge of the partnership, except in the case of a fraud on the partnership committed by or with the consent of that partner. 14-8-13. Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act. 14-8-14. The partnership is bound to make good the loss: (1) Where one partner acting within the scope of his apparent authority receives money or property of a third person and misapplies it; and (2) Where the partnership in the course of its business receives money or property of a third person and the money or property so received is misapplied by any partner while it is in the custody of the partnership. 14-8-15. All partners are jointly and severally liable for all debts and obligations of the partnership.

Page 1449

14-8-16. (a) When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to any one, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such person to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such person, whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made. (1) When a partnership liability results, he is liable as though he were an actual member of the partnership. (2) When no partnership liability results, he is liable jointly with the other persons, if any, so consenting to the contract or representation as to incur liability, otherwise separately. (b) When a person has been thus represented to be a partner in an existing partnership, or with one or more persons not actual partners, he is an agent of the persons consenting to such representation to bind them to the same extent and in the same manner as though he were a partner in fact, with respect to persons who rely upon the representation. Where all the members of the existing partnership consent to the representation, a partnership act or obligation results; but in all other cases it is the joint act or obligation of the person acting and the persons consenting to the representation. 14-8-17. A person admitted as a partner into an existing partnership is liable for all the obligations of the partnership arising before his admission as though he had been a partner when such obligations were incurred, except that this liability shall be satisfied only out of partnership property. 14-8-18. The rights and duties of the partners in relation to the partnership shall be determined, subject to any agreement between them, by the following rules: (1) Each partner shall be repaid his contributions, whether by way of capital or advances to the partnership property and share equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied; and must contribute

Page 1450

towards the losses, whether of capital or otherwise, sustained by the partnership according to his share in the profits; (2) The partnership must indemnify every partner in respect of payments made and personal liabilities reasonably incurred by him in the ordinary and proper conduct of its business, or for the preservation of its business or property; (3) A partner, who in aid of the partnership makes any payment or advance beyond the amount of capital which he agreed to contribute, shall be paid interest from the date of the payment or advance; (4) A partner shall receive interest on the capital contributed by him only from the date when repayment should be made; (5) All partners have equal rights in the management and conduct of the partnership business; (6) No partner is entitled to remuneration for acting in the partnership business, except that a surviving partner is entitled to reasonable compensation for his services in winding up the partnership affairs; (7) No person can become a member of a partnership without the consent of all the partners; (8) Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners; but no act in contravention of any agreement between the partners may be done rightfully without the consent of all the partners. 14-8-19. The partnership books shall be kept, subject to any agreement between the partners, at the principal place of business of the partnership, and every partner shall at all times have access to and may inspect and copy any of them. 14-8-20. Partners shall render, to the extent the circumstances render it just and reasonable, true and full information of all things affecting the partners to any partner and to the legal representative of any deceased partner or of any partner under legal disability.

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14-8-21. (a) Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its property. (b) This Code section applies also to the representatives of a deceased partner engaged in the liquidation of the affairs of the partnership as the personal representatives of the last surviving partner. 14-8-22. In addition to the remedies or methods of dispute resolution provided for in the partnership agreement, any partner shall have the right to a formal accounting as to partnership affairs: (1) If he is wrongfully excluded from the partnership business or possession of its property by his copartners; (2) If the right exists under the terms of any agreement; (3) If the right exists under Code Section 14-8-21; or (4) Whenever other circumstances render it just and reasonable. 14-8-23. (a) When a partnership for a fixed term or particular undertaking is continued after the termination of such term or particular undertaking without any express agreement, the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with a partnership at will. (b) A continuation of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is prima facie evidence of a continuation of the partnership. 14-8-24. The property rights of a partner are: (1) His rights in specific partnership property; (2) His interest in the partnership; and

Page 1452

(3) His right to participate in the management. 14-8-25. (a) A partner is co-owner with his partners of specific partnership property holding as a tenant in partnership. (b) The incidents of the tenancy are such that: (1) A partner, subject to the provisions of this chapter and to any agreement between the partners, has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any other purpose without the consent of his partners; (2) A partner's right in specific partnership property is not assignable except in connection with the assignment of rights of all the partners in the same property; (3) A partner's right in specific partnership property is not subject to attachment, judgment lien, execution, or other enforcement of a claim except on a claim against the partnership. When partnership property is attached for a partnership debt the partners, or any of them, or the representatives of a deceased partner, cannot claim any right under the homestead or exemption laws; (4) On the death of a partner his right in specific partnership property vests in the surviving partner or partners, except where the deceased was the last surviving partner, when his right in such property vests in his legal representative. Such surviving partner or partners, or the legal representative of the last surviving partner, has no right to possess the partnership property for any but a partnership purpose; (5) A partner's right in specific partnership property is not subject to the year's support provided for in Code Sections 53-5-1 and 53-5-2. (c) Nothing in Code Section 14-8-24 and this Code section shall modify, affect, or act in derogation of any portion of this chapter concerning the manner of vesting title to property (including, without limitation, real property) in the name of the partnership or the ownership of such property by the partnership.

Page 1453

14-8-26. A partner's interest in the partnership is his share of the profits and surplus, and the same is personal property. 14-8-27. (a) Except as provided in the partnership agreement, a partnership interest is assignable in whole or in part. (b) A conveyance by a partner of his interest in the partnership does not of itself dissolve the partnership, nor, as against the other partners in the absence of agreement, entitle the assignee, during the continuance of the partnership, to interfere in the management or administration of the partnership business or affairs, or to require any information or account of partnership transactions, or to inspect the partnership books; but it merely entitles the assignee to receive in accordance with his contract the profits to which the assigning partner would otherwise be entitled. (c) In case of a dissolution of the partnership, the assignee is entitled to receive his assignor's interest and may require an account pursuant to Code Section 14-8-43 from the date only of the last account agreed to by all the partners. 14-8-28. (a) On due application to a competent court by any judgment creditor of a partner or of any assignee of an interest in the partnership, the court which entered the judgment, order, or decree, or any other court, may charge the interest of the debtor partner or such assignee with payment of the unsatisfied amount of such judgment debt with interest thereon and may then or later appoint a receiver of his share of the profits, and of any other money or other assets due or to fall due to him in respect of the partnership, and, subject to subsection (b) of this Code section, make all other orders, directions, accounts, and inquiries which the debtor partner or such assignee might have made, or which the circumstances of the case may require. (b) An interest charged pursuant to subsection (a) of this Code section is not liable to be seized and sold by the judgment creditor under execution. (c) The interest charged may be redeemed or purchased without thereby causing a dissolution: (1) With separate property, by any one or more of the partners; or

Page 1454

(2) With the partnership property, by any one or more of the partners with the consent of all the partners whose interests are not so charged or sold. (d) Nothing in this chapter shall be held to deprive a partner of his right, if any, under the exemption law, as regards his interest in the partnership. (e) Subject to subsection (b) of this Code section, the remedies conferred by subsection (a) of this Code section shall not be deemed exclusive of others which may exist, including, without limitation, the right of a judgment creditor to reach the interest of a partner in the partnership by process of garnishment served on the partnership. 14-8-29. Upon dissolution of a partnership the partners cease to be associated in the carrying on of the partnership. The partnership shall continue until termination pursuant to Code Section 14-8-30 and until termination the partners shall be associated in the winding up of the partnership. 14-8-30. On dissolution the partnership is not terminated, but continues until the winding up of the partnership affairs is completed. 14-8-31. (a) Dissolution is caused: (1) By the termination of the definite term or particular undertaking specified in the agreement; (2) By the express will or withdrawal of any partner; (3) By the expulsion of any partner from the business in accordance with the terms of the agreement between the partners; (4) By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership; (5) By the death of any partner, unless there is a written agreement between the partners expressly providing otherwise; (6) By decree of court under Code Section 14-8-32;

Page 1455

(7) In other circumstances as provided in the agreement between the partners. (b) Unless otherwise provided in the partnership agreement, dissolution is not caused solely by admission of a new partner. 14-8-32. (a) On application by or for a partner the court shall decree a dissolution whenever: (1) A partner has been declared mentally incapacitated in any judicial proceeding or is shown to be of unsound mind; (2) A partner becomes in any other way incapable of performing his part of the partnership contract; (3) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business; (4) A partner wilfully or persistently commits a breach of the partnership agreement or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him; (5) Other circumstances render a dissolution equitable. (b) On the application of the purchaser of a partner's interest under Code Section 14-8-27, the court shall decree a dissolution: (1) After the termination of the specified term or particular undertaking; (2) At any time if the partnership was a partnership at will when the interest was assigned. 14-8-33. Except so far as may be necessary to wind up partnership affairs or to complete transactions begun but not then finished, dissolution terminates all authority of any partner to act for the partnership: (1) With respect to the partners: (A) When the dissolution is not by the act or death of a [Illegible Text]

Page 1456

(B) When the dissolution is by such act or death of a partner, in cases where Code Section 14-8-34 so requires; (2) With respect to persons not partners, as declared in Code Section 14-8-35. 14-8-34. Subject to contrary agreement of the partners, where the dissolution is caused by the act or death of a partner, each partner is liable to his copartners for his share of any liability created by any partner acting for the partnership as if the partnership had not been dissolved; provided, however, that a partner shall not be liable to the partner acting for the partnership where: (1) The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution; or (2) The dissolution being by the death of a partner, the partner acting for the partnership had knowledge or notice of the death. 14-8-35. (a) After dissolution a partner can bind the partnership except as provided in subsection (c) of this Code section: (1) By any act appropriate for winding up partnership affairs or completing transactions unfinished at dissolution; (2) By any transaction which would bind the partnership if dissolution had not taken place, provided the other party to the transaction: (A) Was a creditor of the partnership at the time of dissolution or had extended credit to the partnership within two years prior to dissolution and, in either case, had no knowledge or notice of such partner's want of authority; (B) Though he had not so extended credit, had nevertheless known of the partnership prior to dissolution, and, having no knowledge or notice of dissolution, the fact of dissolution had not been advertised in a newspaper of general [Illegible Text] in the place (or in each place if more than one) at which the partnership business was regularly carried on.

Page 1457

(b) The liability of a partner under paragraph (2) of subsection (a) of this Code section shall be satisfied out of partnership assets alone when such partner had been prior to dissolution: (1) Unknown as a partner to the person with whom the contract is made; and (2) So far unknown and inactive in partnership affairs that the business reputation of the partnership could not be said to have been in any degree due to his connection with it. (c) The partnership is in no case bound by any act of a partner after dissolution: (1) Where the partnership is dissolved because it is unlawful to carry on the business, unless the act is appropriate for winding up partnership affairs; (2) Where the partner has become bankrupt; or (3) Where the partner has no authority to wind up partnership affairs; except by a transaction with one who: (A) Was a creditor of the partnership at the time of dissolution or had extended credit to the partnership within two years prior to dissolution and, in either case, had no knowledge or notice of such partner's want of authority; (B) Had not extended credit to the partnership prior to dissolution, and, having no knowledge or notice of such partner's want of authority, the fact of such partner's want of authority had not been advertised in the manner provided for advertising the fact of dissolution in subparagraph (a)(2)(B) of this Code section. (d) Nothing in this Code section shall affect the liability under Code Section 14-8-16 of any person who after dissolution represents himself or consents to another representing him as a partner in a partnership engaged in carrying on business. 14-8-36. (a) The dissolution of the partnership does not of itself discharge the existing liability of any partner.

Page 1458

(b) A partner is discharged from any existing liability upon dissolution of the partnership by an agreement to that effect between himself, the partnership creditor, and the person or partnership continuing the business; and such agreement may be inferred from the course of dealing between the creditor having knowledge of the dissolution and the person or partnership continuing the business. (c) Where a person agrees to assume the existing obligations of a dissolved partnership, the partners whose obligations have been assumed shall be discharged from any liability to any creditor of the partnership who knowing of the agreement, and without the consent of the partners whose obligations have been assumed, consents to a material alteration in the nature or time of payment of such obligations. (d) The individual property of a deceased partner shall be liable for all obligations of the partnership incurred while he was a partner but subject to the prior payment of his separate debts. 14-8-37. Unless otherwise agreed, the partners who have not wrongfully dissolved the partnership or the legal representative of the last surviving partner, not bankrupt, has the right to wind up the partnership affairs, including the right to convey any real property of the partnership; provided, however, that any partner, his legal representative, or his assignee, upon cause shown, may obtain winding up by the court. 14-8-38. (a) Unless otherwise agreed by the partners in the partnership agreement, at the time of the transaction, or at any other time, when dissolution is caused in any way, other than wrongfully either in contravention of the partnership agreement or as a result of other wrongful conduct of a partner, any partner, or the legal representative of the estate of a deceased partner, as against his copartners and all persons claiming through them in respect of their interests in the partnership, may have the partnership property applied to discharge its liabilities and the surplus applied to pay in cash the net amount owing to the respective partners. The foregoing provision shall not apply if dissolution is caused by expulsion of a partner in accordance with the terms of a partnership agreement. Unless otherwise agreed by the partners, in the event of such expulsion the expelled partner shall receive in cash the net amount due him from the partnership and the partners who continue the business shall obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities.

Page 1459

(b) When dissolution is caused wrongfully either in contravention of the partnership agreement or as a result of other wrongful conduct of a partner, the rights of the partners shall be as follows: (1) Each partner who has not caused dissolution wrongfully shall have: (A) All the rights specified in subsection (a) of this Code section; and (B) The right, as against each partner who has caused the dissolution wrongfully, to damages for such wrongful dissolution and to any other right or remedy provided for in the partnership agreement; (2) The partners who have not caused the dissolution wrongfully, if they all desire to continue the business in the same name, either by themselves or jointly with others, may do so, and for that purpose may possess the partnership property. If the partners continue the business they shall pay to any partner who has caused the dissolution wrongfully, the value of his interest in the partnership at the dissolution less any damages or other amounts recoverable under subparagraph (b)(1)(B) of this Code section and obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities; (3) A partner who has caused the dissolution wrongfully shall have: (A) If the business is not continued under the provisions of paragraph (2) of subsection (b) of this Code section, all the rights of a partner under subsection (a) of this Code section, subject to subparagraph (b)(1)(B) of this Code section; (B) If the business is continued under paragraph (2) of subsection (b) of this Code section the right, as against his copartners and all claiming through them in respect of their interests in the partnership, to have the value of his interest in the partnership, less any damages or other amounts recoverable under subparagraph (b)(1)(B) of this Code section, ascertained and paid to him and to have the partners who continue the business obtain his discharge or appropriately

Page 1460

hold him harmless from all present or future partnership liabilities; but in ascertaining the value of the partner's interest the value of the goodwill of the business shall not be considered. 14-8-39. Where a partnership agreement is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto the party entitled to rescind is, without prejudice to any other right, entitled: (1) To a lien on, or a right of retention of, the surplus of the partnership property after satisfying the partnership liabilities to third persons for any sum of money paid by him for the purchase of an interest in the partnership and for any capital or advances contributed by him; (2) To stand, after all liabilities to third persons have been satisfied, in the place of the creditors of the partnership for any payments made by him in respect of the partnership liabilities; and (3) To be indemnified by the person guilty of the fraud or making the representation against all debts and liabilities of the partnership. 14-8-40. In settling accounts between the partners after dissolution, the following rules shall be observed, subject to any agreement to the contrary: (1) The assets of the partnership are: (A) The partnership property; (B) The contributions of the partners necessary for the payment of all the liabilities specified in paragraph (2) of this Code section; (2) The liabilities of the partnership shall rank in order of payment, as follows: (A) Those owing to creditors other than partners;

Page 1461

(B) Those owing to partners other than for capital and profits; (C) Those owing to partners in respect of capital; (D) Those owing to partners in respect of profits; (3) The assets shall be applied in the order of their declaration in paragraph (1) of this Code section to the satisfaction of the liabilities; (4) The partners shall contribute, as provided by paragraph (1) of Code Section 14-8-18 the amount necessary to satisfy the liabilities; but if any, but not all, of the partners are insolvent, or, not being subject to process, refuse to contribute, the other partners shall contribute their share of the liabilities, and, in the relative proportions in which they share the profits, the additional amount necessary to pay the liabilities; (5) An assignee for the benefit of creditors or any person appointed by the court shall have the right to enforce the contributions specified in paragraph (4) of this Code section; (6) Any partner or his legal representative shall have the right to enforce the contributions specified in paragraph (4) of this Code section, to the extent of the amount which he has paid in excess of his share of the liability; (7) The individual property of a deceased partner shall be liable for the contributions specified in paragraph (4) of this Code section; (8) When partnership property and the individual properties of the partners are in possession of a court for distribution, partnership creditors shall have priority on partnership property and separate creditors on individual property, subject to the rights of lien or secured creditors; (9) Where a partner has become bankrupt or his estate is insolvent the claims against his separate property shall rank in the following order:

Page 1462

(A) Those owing to separate creditors; (B) Those owing to partnership creditors; (C) Those owing to partners by way of contribution. 14-8-41. (a) When any new partner is admitted into an existing partnership, or when any partner withdraws and assigns (or the representative of the deceased partner assigns) his rights in partnership property to two or more of the partners, or to one or more of the partners and one or more third persons, if the business is continued without liquidation of the partnership affairs, creditors of the first or dissolved partnership are also creditors of the partnership so continuing the business. (b) When all but one partner withdraw and assign (or the representative of a deceased partner assigns) their rights in partnership property to the remaining partner, who continues the business without liquidation of partnership affairs, either alone or with others, creditors of the dissolved partnership are also creditors of the person or partnership so continuing the business. (c) When any partner withdraws or dies and the business of the dissolved partnership is continued as set forth in subsections (a) and (b) of this Code section, with the consent of the withdrawn partners or the representative of the deceased partner, but without any assignment of his right in partnership property, rights of creditors of the dissolved partnership and of the creditors of the person or partnership continuing the business shall be as if such assignment had been made. (d) When all the partners or their representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partnership, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business. (e) When any partner wrongfully causes a dissolution and the remaining partners continue the business under the provisions of paragraph (2) of subsection (b) of Code Section 14-8-38, either alone or with others, and without liquidation of the partnership affairs, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business.

Page 1463

(f) When a partner is expelled and the remaining partners continue the business either alone or with others, without liquidation of the partnership affairs, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business. (g) The liability of a third person becoming a partner in the partnership continuing the business, under this Code section, to the creditors of the dissolved partnership shall be satisfied out of partnership property only. (h) When the business of a partnership after dissolution is continued under any conditions set forth in this Code section the creditors of the dissolved partnership, as against the separate creditors of the withdrawing or decreased partner or the representative of the deceased partner, have a prior right to any claim of the withdrawn partner or the representative of the deceased partner against the person or partnership continuing the business, on account of the withdrawn or deceased partner's interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property. (i) Nothing in this Code section shall be held to modify any right of creditors to set aside any assignment on the ground of fraud. (j) The use by the person or partnership continuing the business of the partnership name, or the name of a deceased partner as part thereof, shall not of itself make the individual property of the deceased partner liable for any debts contracted by such person or partnership. 14-8-42. When any partner withdraws or dies, and the business is continued under any of the conditions set forth in subsections (a), (b), (c), (e), and (f) of Code Section 14-8-41 (regardless of whether the withdrawn partner or the legal representative of the deceased partner's estate consents to such continuation as required under subsection (c) of Code Section 14-8-41) or paragraph (2) of subsection (b) of Code Section 14-8-38, without any settlement of accounts as between the withdrawn partner or the legal representative of the estate of a deceased partner and the persons or partnership continuing the business, unless otherwise agreed: (1) Such persons or partnership shall obtain the discharge of the withdrawn partner or the legal representative of the estate

Page 1464

of the deceased partner, or appropriately hold him harmless from all present or future partnership liabilities, and shall ascertain the value of his interest at the date of dissolution; and (2) The withdrawn partner or legal representative of the estate of the deceased partner shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership; provided that the creditors of the dissolved partnership as against the separate creditors, or the representative of the withdrawn or deceased partner, shall have priority on any claim arising under this Code section, as provided by subsection (h) of Code Section 14-8-41. 14-8-43. The right to an account of his interest shall accrue to any partner, his assignee, or his legal representative, as against the winding up partners or the surviving partners or the person or partnership continuing the business, at the date of dissolution, in the absence of any agreement to the contrary. Section 2 . This Act shall become effective on April 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1984.

Page 1465

COMPOSITE STATE BOARD OF MEDICAL EXAMINERS AUTHORIZED TO DISTRIBUTE INFORMATION BOOKLET ON BREAST CANCER. Code Section 43-34-21 Amended. No. 1312 (House Bill No. 49). AN ACT To amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the creation and functions of the Composite State Board of Medical Examiners, so as to authorize and direct the Composite State Board of Medical Examiners to develop and distribute an informational booklet on breast cancer and the treatment of breast cancer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the creation and functions of the Composite State Board of Medical Examiners, is amended by adding at the end thereof a new subsection (g) to read as follows: (g) When funds are specifically appropriated for such purpose, the board shall publish an informational booklet on breast cancer and the treatment of breast cancer. The booklet shall contain a summary of the latest information on breast cancer and, in brief form, shall discuss the generally accepted and widely prevailing medical and surgical treatments for breast cancer. The booklet shall include a valid assessment of the relative risks and benefits of the accepted and widely prevailing methods of treatment. A copy of the booklet shall be made available by the board to every appropriate physician in the state. A letter by the board shall accompany this booklet stating that the board urges the physician to distribute a copy of the booklet to each and every patient whose disease or course of treatment is covered by the material in the booklet. Copies shall also be available to any person upon request at a fee prescribed by the joint-secretary sufficient to cover the cost of printing and distribution. The booklet shall be updated and redistributed at such times as the board shall deem necessary.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1984. SALES AND USE TAXESEXEMPTION OF PRESCRIPTION DRUGS, ETC. Code Section 48-8-3 Amended. No. 1313 (House Bill No. 901). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the sales and use tax, so as to provide that sales of prescription drugs, prescription eyeglasses, and contact lenses shall be exempt from the imposition of the 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 . Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the sales and use tax, is amended by striking paragraph (45) in its entirety and inserting in lieu thereof a new paragraph (45) to read as follows: (45) The sale, use, storage, or consumption of paper stock which is manufactured in this state into catalogs intended to be delivered outside this state for use outside this state; , and by striking paragraph (46) in its entirety and inserting in lieu thereof a new paragraph (46) to read as follows:

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(46) Sales to blood banks having a nonprofit status pursuant to Section 501(c)(3) of the Internal Revenue Code; or, and by adding at the end thereof a new paragraph (47) to read as follows: (47) Sales of drugs dispensed by prescription and prescription eyeglasses and contact lenses. Section 2 . This Act shall become effective July 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1984. BANKING AND FINANCEINTERSTATE BANKING ON A REGIONAL BASIS PERMITTED, ETC. Code Title 7, Chapter 1 Amended. No. 1314 (House Bill No. 1198). AN ACT To amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide a unified and orderly method of permitting limited interstate banking on a regional basis; to define certain terms; to authorize the commissioner of banking and finance to approve certain acquisitions by a Georgia bank holding company or a Southern Region bank holding company under certain conditions; to authorize a Southern Region bank holding company having a Georgia bank subsidiary to acquire a Southern Region bank holding company under certain conditions; to provide that the commissioner of banking and finance

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shall not approve certain applications unless certain conditions are met; to prohibit certain acquisitions by any Georgia bank holding company or Southern Region bank holding company; to provide that a Southern Region bank, a Southern Region bank holding company, Georgia bank or Georgia bank holding company may acquire or control, and shall not cease to be a Southern Region bank, Southern Region bank holding company, Georgia bank or Georgia bank holding company by virtue of its acquisition or control of certain financial institutions; to provide that a Georgia bank holding company or a Southern Region bank holding company may acquire a bank or bank holding company under certain conditions; to provide that a Georgia bank holding company or Southern Region bank holding company controlling a Georgia bank may acquire certain financial institutions; to authorize the commissioner to enforce certain prohibitions by requiring divestiture of nonconforming banks, bank holding companies, or assets through the imposition of fines and penalties or through the exercise of certain other remedies; to provide that any Georgia bank holding company and any Southern Region bank holding company controlling a Georgia bank shall be subject to the registration, reporting, examinations, control, rules, and regulations of the department applicable to bank holding companies; to provide that any company that controls a Georgia bank that is not otherwise organized under the laws of Georgia or qualified to do business in Georgia shall qualify to do business in Georgia as a foreign corporation and shall advise the department of its initial registered office and the name of its initial registered agent, and shall also advise the department of any changes in its registered office and agent; to authorize the department to enter into cooperative and reciprocal agreements with the bank regulatory authorities in other states; to authorize the department to enter into joint actions with other regulatory authorities having concurrent jurisdiction or to enter into such actions independently to carry out its responsibilities; to provide for legislative intent; to provide for nonseverability; 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 2 of Chapter 1 of Title 7 of the Official Code of Georgia [Illegible Text] relating to banks and trust companies, is amended by adding a new Part 19 immediately following Part 18 to read as follows:

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Part 19 7-1-620. As used in this part, the term: (1) `Acquire', as applied to a bank holding company, means any of the following actions or transactions: (A) The merger or consolidation with another bank holding company; (B) The acquisition of the direct or indirect ownership or control of voting shares of another bank holding company or bank if, after such acquisition, such bank holding company will directly or indirectly own or control more than 5 percent of any class of voting shares of such bank holding company or bank; (C) The direct or indirect acquisition of all or substantially all of the assets of another bank holding company or bank; or (D) The taking of any other action that would result in the direct or indirect control of another bank holding company or bank. (2) `Bank' means any insured institution as such term is defined in Section 3(h) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(h), or any institution eligible to become an insured institution as such term is defined therein, which, in either event: (A) Accepts deposits that the depositor has a legal right to withdraw on demand; and (B) Engages in the business of making commercial loans. (3) `Banking office' means any parent bank, branch bank, or bank office as such terms are defined in Code Section 7-1-600, or any other office at which a bank accepts deposits. The term banking office shall not include, however, the following:

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(A) Unmanned automatic teller machines, point-of-sale terminals, or other similar unmanned electronic banking facilities at which deposits may be accepted; (B) Offices located outside the United States; or (C) Loan production offices, representative offices, or other offices at which deposits are not accepted. (4) `Bank holding company' means any company which is a bank holding company under either Code Section 7-1-605 or Section 2(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841(a). (5) `Control' means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841. (6) `Deposits' means, with respect to a bank, all demand, time, and savings deposits of individuals, partnerships, corporations, the United States government, and states and political subdivisions in the United States. Determinations of deposits shall be made by reference to regulatory reports of condition or similar reports filed by such bank with state or federal regulatory authorities. (7) `Georgia bank' means a bank organized under the laws of this state or of the United States and, in either event, having banking offices located only in this state. (8) `Georgia bank holding company' means a bank holding company that: (A) Has its principal place of business in the State of Georgia; (B) Has total deposits of its Southern Region bank subsidiaries and Georgia bank subsidiaries exceeding 80 percent of the total deposits of all bank subsidiaries of such bank holding company other than those bank subsidiaries held under subsection (a) of Code Section 7-1-622; and

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(C) Is not controlled by a bank holding company other than a Georgia bank holding company. (9) `Principal place of business' of a bank holding company means the state in which the aggregate deposits of the bank subsidiaries of such bank holding company are the largest. (10) `Southern Region states' means the States of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia. (11) `Southern Region bank' means a bank other than a Georgia bank organized under the laws of one of the Southern Region states or of the United States and, in either event, having banking offices only in the Southern Region states. (12) `Southern Region bank holding company' means a bank holding company that: (A) Has its principal place of business in a Southern Region state other than the State of Georgia; (B) Has total deposits of its Southern Region bank subsidiaries and Georgia bank subsidiaries exceeding 80 percent of the total deposits of all bank subsidiaries of such bank holding company other than those bank subsidiaries held under subsection (a) of Code Section 7-1-622; and (C) Is not controlled by a bank holding company other than a Southern Region bank holding company. (13) `Subsidiary' means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841. 7-1-621. (a) Upon compliance with the provisions of Code Section 7-1-606, which provisions shall be expressly applicable to any such acquisition, and subject to the qualifications of subsections (c) and (d) below: (1) A Georgia bank holding company may acquire another Georgia bank holding company or Georgia bank;

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(2) A Georgia bank holding company may acquire a Southern Region bank holding company or a Southern Region bank; (3) A Southern Region bank holding company may acquire a Georgia bank holding company or a Georgia bank; and (4) A Southern Region bank holding company may acquire a Southern Region bank holding company having a Georgia bank subsidiary; provided, however, that the commissioner must rule on any application to him seeking approval to engage in a transaction under this paragraph (4) not later than 90 days following the date of submission of a completed application to him seeking approval of such transaction. If the commissioner fails to rule on the application within the requisite 90 day period, the proposed transaction shall stand approved. (b) A Southern Region bank holding company having a Georgia bank subsidiary may acquire a Southern Region bank holding company that does not have a Georgia bank subsidiary or may acquire a Southern Region bank. Such Southern Region bank holding company shall notify the department at least 30 days prior to the consummation of the proposed transaction. The notification requirements of this subsection shall be satisfied by furnishing the department with a copy of the application or applications filed with the federal bank regulatory authority or authorities seeking approval for the proposed transaction. (c) The commissioner shall not approve any application by a Southern Region bank holding company not having a Georgia bank subsidiary other than a Georgia bank acquired pursuant to Code Section 7-1-622 to acquire either a Georgia bank holding company, a Georgia bank, or a Southern Region bank holding company having a Georgia bank subsidiary unless in the Southern Region state where the Southern Region bank holding company seeking to engage in an acquisition under subsection (a) or (b) of this Code section has its principal place of business, the laws governing the acquisition of banks or bank holding companies in such state by bank holding companies having their principal place of business outside such state, that do not otherwise apply to acquisitions of banks or bank holding companies in such state by bank holding companies in such state, expressly would permit a Georgia bank holding company controlling only a Georgia bank to acquire:

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(1) The Southern Region bank holding company seeking to make the proposed acquisition; and (2) The Georgia bank holding company, Georgia bank, or Georgia bank subsidiary of the Southern Region bank holding company proposed to be acquired if the principal place of business of such Georgia bank holding company or the offices of such Georgia bank were in such state. (d) Notwithstanding anything contained in subsection (a) or (b) of this Code section, no Georgia bank holding company or Southern Region bank holding company may: (1) Utilize the provisions of subsection (e) of Code Section 7-1-606 to operate branches of a single bank both in this state and in any other state; or (2) Directly or indirectly acquire a Georgia bank unless such bank has been in existence and continuously operated 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. Notwithstanding the foregoing, nothing shall prohibit a Southern Region bank holding company from acquiring all or substantially all of the shares of a Georgia bank organized solely for the purpose of facilitating the acquisition of a bank which has been in existence and continuously operated as a bank for the requisite five-year period. 7-1-622. (a) A Southern Region bank, a Southern Region bank holding company, a Georgia bank, or a Georgia bank holding company may acquire or control, and shall not cease to be a Southern Region bank, Southern Region bank holding company, Georgia bank, or Georgia bank holding company, respectively, by virtue of its acquisition or control of the institutions described in paragraphs (1) through (3) below: (1) A bank having offices in a state other than a Southern Region state, if such acquisition has been consummated pursuant to the provisions of Section 116 or 123 of the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. Section 1823(f) or 1730a(m);

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(2) A bank having banking offices in a state other than a Southern Region state, if such acquisition has been consummated in the regular course of securing or collecting a debt previously contracted in good faith, as provided in Section 3(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1842(a), if the bank or bank holding company divests the securities or assets acquired within two years of the date of acquisition. A Georgia bank holding company or Georgia bank, or a Southern Region bank holding company controlling a Georgia bank, may retain such interests for up to three additional periods of one year each if the commissioner determines that the required divestiture would create undue financial difficulties for such bank or bank holding company; or (3) A bank organized under the laws of the United States or of any state and operating under Section 25 or Section 25(a) of the Federal Reserve Act, as amended, 12 U.S.C. Section 601 or Sections 611 through 631, or a bank or bank holding company organized under the laws of a foreign country that is principally engaged in business outside the United States and which either has no banking office in the United States or has banking offices in the United States that are engaged only in business activities permissible for a bank operating under Section 25 or 25(a) of the Federal Reserve Act, as amended, 12 U.S.C. Section 601 or Sections 611 through 631. (b) A Georgia bank holding company or a Southern Region bank holding company having a Georgia bank subsidiary may also acquire a bank or bank holding company other than as expressly permissible under Code Section 7-1-621 or subsection (a) of this Code section for so long as: (1) Immediately following the acquisition, the Georgia bank holding company or Southern Region bank holding company continues to qualify as such under the definitional tests provided in paragraph (8) or (12) of Code Section 7-1-620; and (2) The Georgia bank holding company or Southern Region bank holding company complies with the requirements of subsection (a) or (b) of Code Section 7-1-621, as appropriate, which subsections shall be expressly applicable to any such acquisition.

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7-1-623. (a) Except as specifically permitted under Code Section 7-1-622, no Georgia bank holding company or Southern Region bank holding company having a Georgia bank subsidiary may acquire a bank holding company which is not either a Georgia bank holding company or a Southern Region bank holding company or a bank which is not either a Georgia bank or a Southern Region bank. (b) Except as expressly permitted by federal law, no bank holding company which is not either a Georgia bank holding company or a Southern Region bank holding company may acquire a Georgia bank holding company, a Georgia bank, or a Southern Region bank holding company controlling a Georgia bank. (c) In the event any bank holding company makes an acquisition that is prohibited by this part, the commissioner shall require such bank holding company to divest itself immediately of its direct or indirect ownership or control of any Georgia banks. In addition, the commissioner shall have the power to enforce any other prohibitions in this Part 19 by requiring divestitures of nonconforming banks, bank holding companies, or assets, through the imposition of fines and penalties or through the exercise of such other remedies as are provided in this chapter, including but not limited to judicial actions. 7-1-624. (a) Any Georgia bank holding company and any Southern Region bank holding company controlling a Georgia bank shall be subject to the provisions of Code Section 7-1-607 and the rules and regulations of the department applicable to bank holding companies. (b) Any bank holding company that has a Georgia bank subsidiary that is not otherwise organized under the laws of this state or qualified to do business in this state shall qualify to do business in this state as a foreign corporation and shall advise the department of the location of its initial registered office within this state and the name of its initial registered agent at such location. Such bank holding company shall agree to be bound by all the provisions of Code Sections 7-1-605 through 7-1-608 and by the provisions of this part. Any bank holding company having a Georgia bank subsidiary shall promptly advise the department of any changes in its registered office and agent. (c) The department may enter into cooperative and reciprocal agreements with the bank regulatory authorities of any state for the

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periodic examination of bank holding companies and may accept reports of examination and other records from such authorities in lieu of conducting its own examinations. The department may enter into joint actions with other regulatory bodies having concurrent jurisdiction or may enter into such actions independently to carry out its responsibilities under this title and assure compliance with the laws of this state. 7-1-625. (a) It is the express intention of the Georgia legislature to provide a unified and orderly method of permitting limited interstate banking on a regional basis. Thus if any provision of this part establishing the regional framework within which interstate banking may occur, providing for approval and supervisory powers of the department and the commissioner or limiting expansion into this state to bank holding companies located in states satisfying the requirements of subsection (c) of Code Section 7-1-621 of this part is determined by final, nonappealable order of any Georgia or federal court of competent jurisdiction to be invalid or unconstitutional, this entire part shall be null and void and of no further force and effect from the effective date of such final determination. (b) Nothing contained in this part shall be construed to amend or modify the provisions of any other part of this chapter governing the supervision or regulation of banks and bank holding companies, as defined therein, or the organization and powers of the department and the commissioner with respect thereto as provided in such other parts. Section 2 . This Act shall become effective on July 1, 1985; provided, however, that if any two states contiguous to this state enact legislation which would permit Georgia bank holding companies to acquire banks or bank holding companies in such states that have effective dates prior to July 1, 1985, this Act shall become effective on the later of the effective dates set forth in such legislation, but in no event prior to January 1, 1985. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1984.

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HEALTHFORM AND MANNER OF EXECUTING A LIVING WILLEFFECT OF SAME. Code Title 31, Chapter 32 Enacted. No. 1315 (Senate Bill No. 186). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to authorize any competent adult to execute a living will; to provide for a declaration of findings; to authorize the discontinuance of life-sustaining procedures for certain persons; to define certain terms; t[UNK]o provide procedures for establishing certain conditions; to provide for written living wills and the procedures connected therewith; to provide for witnesses; to provide for revocation of living wills; to provide for immunity from criminal, civil, and other liabilities for certain persons under certain conditions; to provide for the duration of living wills; to provide for the carrying out of living wills; to provide for sanctions; to provide for presumptions; to provide for approval of living wills; to provide that discontinuance of life-sustaining procedures shall not constitute a suicide and shall not impair or invalidate life insurance policies; to provide for the transfer of patients under certain conditions; to prohibit certain health providers and health care service plans from requiring persons to execute living wills; to provide for exceptions; to provide for penalties; to provide for construction; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 31 of the Official Code of Georgia Annotated, relating to public health, is amended by adding at the end thereof a new Chapter 32 to read as follows: CHAPTER 32 31-32-1. (a) The General Assembly finds that modern medical technology has made possible the artificial prolongation of human life.

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(b) The General Assembly further finds that, in the interest of protecting individual autonomy, such prolongation of life for persons with a terminal condition may cause loss of patient dignity and unnecessary pain and suffering, while providing nothing medically necessary or beneficial to the patient. (c) The General Assembly further finds that there exists considerable uncertainty in the medical and legal professions as to the legality of terminating the use of life-sustaining procedures in certain situations. (d) In recognition of the dignity and privacy which patients have a right to expect, the General Assembly declares that the laws of the State of Georgia shall recognize the right of a competent adult person to make a written directive, known as a living will, instructing his physician to withhold or withdraw life-sustaining procedures in the event of a terminal condition. 31-32-2. As used in this chapter, the term: (1) `Attending physician' means the physician who has been selected by or assigned to the patient and who has assumed primary responsibility for the treatment and care of the patient; provided, however, that if the physician selected by or assigned to the patient to provide such treatment and care directs another physician to assume primary responsibility for such care and treatment, the physician who has been so directed shall, upon his or her assumption of such responsibility, be the `attending physician.' (2) `Competent adult' means a person of sound mind who is 18 years of age or older. (3) `Declarant' means a person who has executed a living will authorized by this chapter. (4) `Hospital' means a facility which has a valid permit or provisional permit issued under Chapter 7 of this title and 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.

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(5) `Life-sustaining procedures' means any medical procedures or interventions, which, when applied to a patient in a terminal condition, would serve only to prolong the dying process and where, in the judgment of the attending physician and a second physician, death will occur whether or not such procedures or interventions are utilized. The term `life-sustaining procedures' shall not include the following: (A) Nourishment; or (B) The administration of medication to alleviate pain or the performance of any medical procedure deemed necessary to alleviate pain. (6) `Living will' means a written document voluntarily executed by the declarant in accordance with the requirements of Code Section 31-32-3 or 31-32-4. (7) `Patient' means a person receiving care or treatment from a physician. (8) `Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43. (9) `Skilled nursing facility' means a facility having a valid permit or provisional permit issued under Chapter 7 of this title and which provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. (10) `Terminal condition' means incurable condition caused by disease, illness, or injury which, regardless of the application of life-sustaining procedures, would produce death. The procedure for establishing a `terminal condition' is as follows: Two physicians who, after personally examining the declarant, shall certify in writing, based upon conditions found during the course of their examination: (A) There is no reasonable expectation for improvement in the condition of the declarant; and

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(B) Death of the declarant from these conditions is imminent. 31-32-3. (a) Any competent adult may execute a document directing that, should the declarant have a terminal condition, life-sustaining procedures be withheld or withdrawn. Such living will shall be signed by the declarant in the presence of at least two competent adults who, at the time of the execution of the living will, to the best of their knowledge: (1) Are not related to the declarant by blood or marriage; (2) Would not be entitled to any portion of the estate of the declarant upon the declarant's decease under any testamentary will of the declarant, or codicil thereto, and would not be entitled to any such portion by operation of law under the rules of descent and distribution of this state at the time of the execution of the living will; (3) Are neither the attending physician nor an employee of the attending physician nor an employee of the hospital or skilled nursing facility in which the declarant is a patient; (4) Are not directly financially responsible for the declarant's medical care; and (5) Do not have a claim against any portion of the estate of the declarant. (b) The declaration shall be a document, separate and self-contained, and in the following form: 1. If at any time I should have a terminal condition as defined in and established in accordance with the procedures set forth in paragraph (10) of Code Section 31-32-2 of the Official

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Code of Georgia Annotated, I direct that the application of life-sustaining procedures to my body be withheld or withdrawn and that I be permitted to die; 2. In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal; 3. This will shall have no force or effect seven years from the date I signed this document as stated above; however, I understand that, if at the end of said seven years I am incapable of communicating with the attending physician, this will shall remain in effect until such time as I am able to communicate with the physician; 4. I understand that I may revoke this living will at any time; 5. I understand the full import of this living will, and I am at least 18 years of age and am emotionally and mentally competent to make this living will; and 6. If I have been diagnosed as pregnant, this living will shall have no force and effect during the course of my pregnancy. I hereby witness this living will and attest that: (1) The declarant is personally known to me and I believe the declarant to be at least 18 years of age and of sound mind; (2) I am at least 18 years of age; (3) To the best of my knowledge, at the time of the execution of this living will, I:

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(A) Am not related to the declarant by blood or marriage; (B) Would not be entitled to any portion of the declarant's estate by any will or by operation of law under the rules of descent and distribution of this state; (C) Am not the attending physician of declarant or an employee of the attending physician or an employee of the hospital or skilled nursing facility in which declarant is a patient; (D) Am not directly financially responsible for the declarant's medical care; and (E) Have no present claim against any portion of the estate of the declarant; (4) Declarant has signed this document in my presence as above-instructed, on the date above first shown.

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31-32-4. A living will shall have no force or effect if the declarant is a patient in a hospital or skilled nursing facility at the time the living will is executed unless the living will is signed in the presence of the two witnesses as provided in Code Section 31-32-3 and, additionally, is signed in the presence of either the chief of the hospital medical staff, if witnessed in a hospital, or the medical director, if witnessed in a skilled nursing facility. 31-32-5. (a) A living will may be revoked at any time by the declarant, without regard to his mental state or competency, by any of the following methods: (1) By being canceled, defaced, obliterated, burnt, torn, or otherwise destroyed by the declarant or by some person in his presence and by his direction; (2) By the declarant or a person acting at the direction of the declarant signing and dating a written revocation expressing the intent of the declarant to revoke. Such revocation shall become effective only upon communication to the attending physician by the declarant or by a person acting at the direction of the declarant. The attending physician shall record in the patient's medical record the time and date when he received notification of the written revocation; or (3) By any verbal or nonverbal expression by the declarant of his intent to revoke the living will. Such revocation shall become effective only upon communication to the attending physician by the declarant or by a person acting at the direction of the declarant. The attending physician shall record in the patient's medical record the time, date, and place of the revocation and the time, date, and place, if different, when he received notification of the revocation. (b) Any person who participates in the withholding or withdrawal of life-sustaining procedures pursuant to a living will, as authorized by this chapter, which person has actual knowledge that such living will has been properly revoked, shall not have any civil or criminal immunity otherwise granted under this chapter for such conduct. 31-32-6. A living will shall be effective for a period of seven years from the date of execution thereof unless sooner revoked in a manner

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prescribed in Code Section 31-32-5. If the declarant of an unrevoked living will becomes incapable of communicating with the attending physician, the living will shall remain in effect beyond such seven-year period until such time as the declarant is able to communicate with the attending physician. Nothing in this chapter shall be construed to prevent a declarant from reexecuting a living will at any time in accordance with the formalities of Code Sections 31-32-3 and 31-32-4. If the declarant has executed more than one living will, such seven-year period shall be determined from the date of execution of the last living will known to the attending physician. 31-32-7. (a) No physician nor any person acting under his direction and no hospital, skilled nursing facility, nor any agent or employee thereof who acting in good faith in accordance with the requirements of this chapter causes the withholding or withdrawal of life-sustaining procedures from a patient or who otherwise participates in good faith therein shall be subject to any civil liability therefor. No physician nor any person acting under his direction and no hospital, skilled nursing facility, nor any agent or employee thereof who acting in good faith in accordance with the requirements of this chapter causes the withholding or withdrawal of life-sustaining procedures from a patient or who otherwise participates in good faith therein shall be guilty of any criminal act therefor, nor shall any such person be guilty of unprofessional conduct therefor. (b) No person who witnesses and attests a living will in good faith and in accordance with Code Section 31-32-3 shall be civilly or criminally liable or guilty of unprofessional conduct for such action. 31-32-8. (a) Prior to effecting a withholding or withdrawal of life-sustaining procedures from a patient pursuant to a living will, the attending physician: (1) Shall determine that, to the best of his knowledge, the declarant patient is not pregnant; (2) Shall, without delay after the diagnosis of a terminal condition of the declarant, take the necessary steps to provide for written certification by said physician of the declarant's terminal condition; (3) Shall make a reasonable effort to determine that the living will complies with subsection (b) of Code Section 31-32-3; and

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(4) Shall make the living will and the written certification of the terminal condition a part of the declarant patient's medical records. (b) The living will shall be presumed, unless revoked, to be the directions of the declarant regarding the withholding or withdrawal of life-sustaining procedures. No person shall be civilly liable for failing or refusing in good faith to effectuate the living will of the declarant patient. The attending physician who fails or refuses to comply with the declaration of a patient pursuant to this chapter shall endeavor to advise promptly the next of kin or legal guardian of the declarant that such physician is unwilling to effectuate the living will of the declarant patient. The attending physician shall thereafter at the election of the next of kin or the legal guardian of the declarant: (1) Make a good faith attempt to effect the transfer of the qualified patient to another physician who will effectuate the declaration of the patient; or (2) Permit the next of kin or legal guardian to obtain another physician who will effectuate the declaration of the patient. 31-32-9. (a) The making of a living will pursuant to this chapter shall not, for any purpose, constitute a suicide. (b) The making of a living will pursuant to this chapter shall not restrict, inhibit, or impair in any manner the sale, procurement, issuance, or enforceability of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the making of a living will pursuant to this chapter or by the withholding or withdrawal of life-sustaining procedures from an insured patient, nor shall the making of such a living will or the withholding or withdrawal of such life-sustaining procedures operate to deny any additional insurance benefits for accidental death of the patient in any case in which the terminal condition of the patient is the result of accident, notwithstanding any term of the policy to the contrary. (c) No physician, hospital, skilled nursing facility, or other health provider and no health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or

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nonprofit hospital service plan shall require any person to execute a living will as a condition for being insured for, or receiving, health care services. (d) No hospital, skilled nursing facility, or other medical or health care facility shall prepare, offer to prepare, or otherwise provide forms for living wills. 31-32-10. Any person who willfully conceals, cancels, defaces, obliterates, alters, or damages the living will of another without such declarant's consent or who witnesses a living will knowing at the time he is not eligible to witness such living will under Code Section 31-32-3 or who coerces or attempts to coerce a person into making a living will shall be guilty of a misdemeanor. Any person who falsifies or forges the living will of another or willfully conceals or withholds personal knowledge of a revocation as provided in Code Section 31-32-5 with the intent to cause a withholding or withdrawal of life-sustaining procedures contrary to the wishes of the declarant and, thereby, because of any such act, directly causes life-sustaining procedures to be withheld or withdrawn and death thereby to be hastened shall be subject to prosecution for criminal homicide as provided in Chapter 5 of Title 16. 31-32-11. (a) Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of life-sustaining procedures in any lawful manner. In such respect the provisions of this chapter are cumulative. (b) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the process of dying as provided in this chapter. Furthermore, nothing in this chapter shall be construed to condone, authorize, or approve abortion. (c) This chapter shall create no presumption concerning the intention of an individual who has not executed a declaration to consent to the use or withholding of life-sustaining procedures in the event of a terminal condition. 31-32-12. This chapter is wholly independent of the provisions of Title 53, relating to wills, trusts, and the administration of estates,

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and nothing in this chapter shall be construed to affect in any way the provisions of said Title 53. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1984. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAMANDATORY RETIREMENT AGE CHANGED. Code Section 47-2-110 Amended. No. 1316 (House Bill No. 123). AN ACT To amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages and eligibility for retirement under the Employees' Retirement System of Georgia, so as to change the provisions relative to mandatory retirement on the basis of age; 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 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages and eligibility for retirement under the Employees' Retirement System of Georgia, is amended by striking subsection (b), which reads as follows: (b) Every employee shall be retired on the first day of the calendar month next succeeding that in which he attains the age of 70, provided that nothing in this chapter shall preclude the employment or continued employment of any member, regardless of age, with professional, scientific, or technical skills who is so certified to the board of trustees by his employer.,

Page 1488

in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) (1) Effective July 1, 1983, no member of the retirement system may be required to retire because of age except the following members: (A) Those employed as prison guards by the Department of Offender Rehabilitation; (B) Those employed by the Uniform Division of the Department of Public Safety as officers and troopers; (C) Those employed by the Department of Natural Resources as conservation rangers; (D) Those employed by the Department of Revenue as alcohol and tobacco officers or agents; (E) Those employed as officers or agents of the Georgia Bureau of Investigation; (F) Those employed by the Department of Transportation as enforcement officers; and (G) Those employed by the State Board of Pardons and Paroles as parole officers as well as other employees of said board who possess the power of arrest. (2) Those members specified by paragraph (1) of this subsection who may be required to retire because of age shall be subject to the laws specifying retirement ages for the various classifications of such members or subject to the rules, regulations, or policies specifying retirement ages of the various state departments or agencies employing such members, provided such rules, regulations, or policies are in compliance with other laws of this state. Any state department or agency specified in paragraph (1) of this subsection shall be authorized to employ or continue the employment of any member, regardless of age, with professional, scientific, or technical skills who is so certified to the board of trustees by the state department or agency.

Page 1489

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1984. LITTER CONTROL LAW AMENDEDPRIMA FACIE AND PRESUMPTIVE EVIDENCE OF IDENTITY OF OFFENDER. Code Section 16-7-44 Amended. No. 1317 (House Bill No. 571). AN ACT To amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the Litter Control Law, so as to provide for posting of a cash bond or deposit of driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violation of any litter law; to provide for a rebuttable presumption under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the Litter Control Law, is amended by striking Code Section 16-7-44, relating to primafacie evidence, in its entirety and inserting in lieu thereof a new Code Section 16-7-44 to read as follows: 16-7-44. (a) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of Code Section 16-7-43, it shall be prima-facie evidence that the operator of the conveyance has violated Code Sections 16-7-41 through 16-7-46.

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(b) Except as provided in subsection (a) of this Code section, whenever any litter which is dumped, deposited, thrown, or left on public or private property in violation of Code Section 16-7-43 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated Code Sections 16-7-41 through 16-7-46. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1984. ELECTIONSVOTER REGISTRATION CARDS, ETC. Code Title 21, Chapters 2 and 3 Amended. No. 1318 (House Bill No. 940). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that voters only be required to complete one registration card for municipal and county registration; to change certain procedures; to provide that municipalities not electing to use the county registration list shall be required to use forms provided by the Secretary of State; to provide that the county and municipal registrars shall exchange lists of electors; to provide that those electors not on both lists be notified; to provide that the Secretary of State may provide for independent ballots for nonpartisan primaries for judicial candidates; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1491

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 subsection (c) of Code Section 21-2-217, relating to the form of registration cards, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The registration cards provided for in subsections (a) and (b) of this Code section shall consist of two identical parts connected in such a manner so that completion of the first part shall result in the duplication of all information on the second part. Such registration cards shall be so constructed that the two parts may be separated., and by striking subsection (e) of said Code section in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) In cases where a municipality does not elect to use the county registration system, the registrar shall forward the second part of the registration card provided for in subsection (c) of this Code section to the city clerk of the municipality. The city clerk shall transmit such registration card to the registrar of the municipality who shall check the name and identifying information of each applicant against the registration cards on file in the municipality so as to ensure that no voter is registered twice. If the registrar finds the applicant meets the qualifications for registration in the municipality, the registration card shall be placed on file in the registrar's office and the applicant's name shall be added to the electors list. Section 2 . Said title is further amended by adding a new Code Section 21-2-232.1 to read as follows: 21-2-232.1 County registrars shall provide for the retention for a period of not less than 20 years of the registration cards of all electors whose registration is canceled, purged, rejected, or removed for any reason. Section 3 . Said title is further amended by adding a new Code Section 21-2-232.2 to read as follows: 21-2-232.2 (a) Not later than August 15, 1984, the registrar of each municipality of this state shall provide a list of the electors of the municipality to the registrar of the county or counties in which the

Page 1492

municipality is located and the registrar of each county of this state shall provide a list of the electors of the county to the registrar of each municipality wholly or partially located in the county. (b) Not later than September 9, 1984: (1) The registrar of each county shall identify those persons who appear on the municipality's list and reside in such county and do not appear on the county's list and shall notify such persons by post card that they have until October 9, 1984, to register to vote in the November general election; and (2) The registrar of each municipality shall identify those persons who appear on the county's list and reside in the municipality and do not appear on the municipality's list and shall notify such persons by post card that they have until October 9, 1984, to register to vote in future municipal elections. Section 4 . Said title is further amended by striking subsection (c) of Code Section 21-3-121, relating to registration of voters by municipalities, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) In cases where a municipality does not elect to use the county registration system, the registrar shall forward the first part of the registration card provided for in subsection (c) of Code Section 21-2-217 to the county registrars. Where a municipality is located in more than one county, the registrar shall forward the first part of the registration card to the county of the applicant's residence. The registrars of the county shall check the name and identifying information of each applicant against the registration cards on file in their office so as to ensure that no voter is registered twice. If the registrar finds the applicant meets the qualifications for registration in the county, the registration card shall be placed on file in the registrar's office and the applicant's name shall be added to the electors list. Section 5 . Said title is further amended by striking Code Section 21-3-124, relating to the designation of the form of municipal voter registration, in its entirety and inserting in lieu thereof a new Code Section 21-3-124 to read as follows: 21-3-124. The form of municipal registration shall be specified by the governing authority, except that, if the governing authority

Page 1493

does not elect to use the county registration list, the municipal registrar shall be required to register voters on the uniform registration card printed and distributed by the Secretary of State as required in Code Section 21-2-217. Section 6 . Said title is further amended by adding a new Code Section 21-3-133.1 to read as follows: 21-3-133.1. (a) Not later than August 15, 1984, the registrar of each municipality of this state shall provide a list of the electors of the municipality to the registrar of the county or counties in which the municipality is located and the registrar of each county of this state shall provide a list of the electors of the county to the registrar of each municipality wholly or partially located in the county. (b) Not later than September 9, 1984: (1) The registrar of each county shall identify those persons who appear on the municipality's list and reside in such county and do not appear on the county's list and shall notify such persons by post card that they have until October 9, 1984, to register to vote in the November general election; and (2) The registrar of each municipality shall identify those persons who appear on the county's list and reside in the municipality and do not appear on the municipality's list and shall notify such persons by post card that they have until October 9, 1984, to register to vote in future municipal elections. Section 7 . Said title is further amended by striking Code Section 21-2-138, relating to nonpartisan election for judicial offices, in its entirety and inserting in lieu thereof a new Code Section 21-2-138 to read as follows: 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, or 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

Page 1494

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. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan judicial candidates for those voters not affiliated with a political party. 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 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 April 5, 1984.

Page 1495

CRIMES AND OFFENSESPUNISHMENT FOR CHILD MOLESTATION AND ENTICING CHANGED, ETC. Code Title 16, Chapters 6 and 12 Amended. No. 1319 (House Bill No. 511). AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the punishment for the offenses of child molestation and enticing a child for indecent purposes; to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale and distribution of harmful materials to minors, so as to change certain definitions; to prohibit the display and distribution of certain materials to minors which are harmful to minors; to prohibit false representations with the intent to procure such materials for minors; to provide penalties; to provide exceptions; 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 striking subsection (b) of Code Section 16-6-4, relating to the offense of child molestation, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) A person convicted of the offense of child molestation shall be punished by imprisonment for not less than one nor more than 20 years. Upon a first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment; provided, further, that upon a defendant being incarcerated on a conviction for a first offense, the Department of Offender Rehabilitation shall provide counseling to such defendant. Upon a second or

Page 1496

third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of child molestation, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. Section 2 . Said chapter is further amended by striking Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, in its entirety and inserting in lieu thereof a new Code Section 16-6-5 to read as follows: 16-6-5. (a) A person commits the offense of enticing a child for indecent purposes when he solicits, entices, or takes any child under the age of 14 to any place whatsoever for the purpose of child molestation or indecent acts. (b) A person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than one nor more than 20 years. Upon a first conviction of the offense of enticing a child for indecent purposes, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of enticing a child for indecent purposes, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. Section 3 . Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale and distribution of harmful materials to minors, is amended by striking in their entirety Code Sections 16-12-102 through 16-12-104, which read as follows:

Page 1497

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: (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 under-garments, 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.

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(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 a whole, is harmful to minors; or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated 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., and inserting in lieu thereof new Code Sections 16-12-102 through 16-12-104 to read as follows: 16-12-102. As used in this part, the term: (1) `Harmful to minors' means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:

Page 1499

(A) Taken as a whole, 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) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors. (2) `Knowingly' means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both: (A) The character and content of any material described in this part which is reasonably susceptible to examination by the defendant; and (B) The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability in this part if the defendant made a reasonable, bona fide attempt to ascertain the true age of such minor. (3) `Minor' means a person less than 18 years of age. (4) `Sadomasochistic abuse' means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed or nude. (5) `Sexual conduct' means actual or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such be female, breasts. (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 a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of

Page 1500

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 or uncovered male genitals in a discernibly turgid state. 16-12-103. (a) It shall be unlawful for any person knowingly to sell or loan for monetary consideration or otherwise furnish or disseminate to a minor: (1) Any 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 is harmful to minors; or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, 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. (b) It shall be unlawful for any person knowingly to sell or furnish to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors or exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by minors not admitted to any such premises. (c) It shall be unlawful for any minor falsely to represent to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that such minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) of this Code section or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section. (d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that he is the parent or guardian of any minor or that any minor is 18 years of age or older

Page 1501

with the intent to procure any material set forth in subsection (a) of this Code section or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section. (e) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at newsstands or any other business or commercial establishment or at any other public place frequented by minors or where minors are or may be invited as part of the general public: (1) Any 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 is harmful to minors; or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, 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. The provisions of Code Section 16-12-103 shall not apply to any public library operated by the state or any of its political subdivisions nor to any library operated as a part of any school, college, or university. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1984.

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GENERAL APPROPRIATIONS ACT. No. 1321 (House Bill No. 1045). AN ACT To make and provide appropriations for the State fiscal year beginning July 1, 1984, and ending June 30, 1985; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1984, and ending June 30, 1985, 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 $4,302,000,000 for State fiscal year 1985. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch . Budget Unit: Legislative Branch $ 16,003,408 Operations $ 16,003,408 Total Funds Budgeted $ 16,003,408 State Funds Budgeted $ 16,003,408 Budget Unit Object Classes : Operations $ 16,003,408 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 $ 6,498,828 1. Operations $ 7,732,000 Total Funds Budgeted $ 7,732,000 State Funds Budgeted $ 6,168,828 2. Tax Ratio Study $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Budget Unit Object Classes : Operations $ 7,732,000 Tax Ratio Study $ 350,000 Authorized Motor Vehicles 31 Total Positions Budgeted 175 PART II. JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 3,137,274 Court Operations $ 2,941,874 Appellate Court Reports $ 195,400 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, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts. This appropriation contains funding for a four percent cost-of-living increase for the justices, effective July 1, 1984. Provided, however, that the sum of $43,000 shall be allocated for the development of uniform rules. Section 4. Court of Appeals . Budget Unit: Court of Appeals $ 3,346,132 For the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions of judges and employees of the Court. This appropriation contains funding for a four percent cost-of-living increase for the judges, effective July 1, 1984. Section 5. Superior Courts . Budget Unit: Superior Courts $ 25,981,249 Operation of the Courts $ 24,752,759 Prosecuting Attorneys' Council $ 504,236 Sentence Review Panel $ 112,421 Council of Superior Court Judges $ 40,000 Judicial Administrative Districts $ 551,398 Habeas Corpus Clerk $ 20,435 For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law. For payment of salaries, 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 staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2. For the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council. Provided, however, that the listed appropriation shall be increased by the amount of $33,000 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $23,000 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 $112,500 per annum for each judgeship created by law during the Regular Session of the General Assembly immediately preceding this State Fiscal Year. 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. Section 6. Juvenile Courts . Budget Unit: Juvenile Courts $ 116,930 For the cost of operating and Council of Juvenile Court Judges created by Code Section 15-11-4. Section 7. Institute of Continuing Judicial Education . Budget Unit: Institute of Continuing Judicial Education $ 263,924 Institute's Operations $ 247,659 Georgia Magistrate Courts Training Council $ 16,265 For the cost of staffing and operating the Institute of Continuing Judicial Education, and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 8. Judicial Council . Budget Unit: Judicial Council $ 549,212 Council Operations $ 465,150 Payments to Judicial Administrative Districts for Case Counting $ 65,000 Board of Court Reporting $ 19,062 For the cost of operating the Judicial Council of the State of Georgia and the Administrative Office of the Courts created by Code Sections 15-5-20 and 15-5-22. For the cost of operating the Board of Court Reporting of the Judicial Council created by Code Section 15-14-24. Section 9. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 101,168 For the cost of operating the Judicial Qualifications Commission. PART III EXECUTIVE BRANCH Section 10. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 32,155,158 1. State Properties Commission Budget: Personal Services $ 252,193 Regular Operating Expenses $ 6,551 Travel $ 2,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 105 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 15,593 Telecommunications $ 3,670 Per Diem, Fees and Contracts $ 15,000 Total Funds Budgeted $ 295,712 State Funds Budgeted $ 295,712 Total Positions Budgeted 6 2. Departmental Administration Budget: Personal Services $ 1,359,482 Regular Operating Expenses $ 113,666 Travel $ 14,545 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 1,300 Computer Charges $ 23,600 Real Estate Rentals $ 231,927 Telecommunications $ 23,825 Per Diem, Fees and Contracts $ -0- Direct Payments to Georgia Building Authority for Capital Outlay $ 400,000 Direct Payments to Georgia Building Authority for Operations $ 884,865 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Total Funds Budgeted $ 3,915,210 State Funds Budgeted $ 3,915,210 Total Positions Budgeted 42 3. Treasury and Fiscal Administration Budget: Personal Services $ 1,044,680 Regular Operating Expenses $ 24,480 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,500 Equipment Purchases $ 336 Computer Charges $ 6,029,258 Real Estate Rentals $ 79,050 Telecommunications $ 18,273 Per Diem, Fees and Contracts $ -0- Unemployment Compensation Reserve $ 11,552 State of Georgia General Obligation Debt Sinking Fund $ 1,060,000 Public Safety Officers Indemnification Fund $ 608,800 Total Funds Budgeted $ 8,891,929 State Funds Budgeted $ 5,850,229 Total Positions Budgeted 29 4. Central Supply Administration Budget: Personal Services $ 286,580 Regular Operating Expenses $ 394,814 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,450 Computer Charges $ 4,000 Real Estate Rentals $ 69,324 Telecommunications $ -0- Per Diem, Fees and Contracts $ 800 Materials for Resale $ 6,517,830 Utilities $ -0- Total Funds Budgeted $ 7,274,798 Total Expenditures Authorized $ 7,274,798 State Funds Budgeted $ -0- Total Positions Budgeted 15 5. Procurement Administration Budget: Personal Services $ 1,377,682 Regular Operating Expenses $ 94,447 Travel $ 9,650 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 47,300 Equipment Purchases $ -0- Computer Charges $ 247,700 Real Estate Rentals $ 199,749 Telecommunications $ 36,085 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,012,613 State Funds Budgeted $ 2,012,613 Total Positions Budgeted 50 6. General Services Administration Budget: Personal Services $ 322,493 Regular Operating Expenses $ 5,950 Travel $ 6,550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,300 Equipment Purchases $ 200 Computer Charges $ 25,800 Real Estate Rentals $ 40,734 Telecommunications $ 37,654 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 449,681 Total Expenditures Authorized $ 449,681 State Funds Budgeted $ -0- Total Positions Budgeted 11 7. Space Management Administration Budget: Personal Services $ 298,385 Regular Operating Expenses $ 7,288 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ -0- Computer Charges $ 4,000 Real Estate Rentals $ 25,650 Telecommunications $ 6,119 Per Diem, Fees and Contracts $ -0- Materials for Resale $ -0- Total Funds Budgeted $ 345,842 State Funds Budgeted $ 345,842 Total Positions Budgeted 10 8. Data Processing Services Budget: Personal Services $ 17,518,396 Regular Operating Expenses $ 1,275,200 Travel $ 60,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 51,000 Equipment Purchases $ 160,000 Computer Charges $ 164,400 Rents and Maintenance Expense $ 18,952,636 Real Estate Rentals $ 1,697,677 Telecommunications $ 314,731 Payments to DOAS Fiscal Administration $ 1,981,700 Per Diem, Fees and Contracts $ 132,000 Total Funds Budgeted $ 42,307,740 Total Expenditures Authorized $ 42,307,740 State Funds Budgeted $ 13,669,742 Total Positions Budgeted - July 1, 1984 590 Total Positions Budgeted - June 30, 1985 573 9. Motor Pool Services Budget: Personal Services $ 434,980 Regular Operating Expenses $ 1,433,020 Travel $ -0- Motor Vehicle Equipment Purchases $ 208,000 Publications and Printing $ -0- Equipment Purchases $ 4,500 Computer Charges $ -0- Real Estate Rentals $ 720 Telecommunications $ -0- Per Diem, Fees and Contracts $ 2,500 Total Funds Budgeted $ 2,083,720 Total Expenditures Authorized $ 2,083,720 State Funds Budgeted $ -0- Total Positions Budgeted 23 10. Communication Services Budget: Personal Services $ 2,820,702 Regular Operating Expenses $ 356,011 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 89,000 Publications and Printing $ 59,000 Equipment Purchases $ 60,875 Computer Charges $ 208,800 Real Estate Rentals $ 192,951 Telecommunications $ -0- Per Diem, Fees and Contracts $ 5,000 Telephone Billings $ 29,441,872 Total Funds Budgeted $ 33,245,211 Total Expenditures Authorized $ 33,245,211 State Funds Budgeted $ 6,000,000 Total Positions Budgeted 109 11. Printing Services Budget: Personal Services $ 1,573,021 Regular Operating Expenses $ 1,566,650 Travel $ -0- Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ -0- Equipment Purchases $ 112,000 Computer Charges $ -0- Real Estate Rentals $ 177,312 Telecommunications $ -0- Materials for Resale $ 975,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 4,423,983 Total Expenditures Authorized $ 4,423,983 State Funds Budgeted $ -0- Total Positions Budgeted 70 12. Surplus Property Services Budget: Personal Services $ 809,945 Regular Operating Expenses $ 275,980 Travel $ 24,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,500 Equipment Purchases $ 2,700 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,217 Materials for Resale $ 25,000 Per Diem, Fees and Contracts $ 12,000 Utilities $ 30,263 Total Funds Budgeted $ 1,212,005 State Funds Budgeted $ -0- Total Positions Budgeted 40 13. Mail and Courier Services Budget: Personal Services $ 181,795 Regular Operating Expenses $ 123,539 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 200 Computer Charges $ -0- Real Estate Rentals $ 11,997 Telecommunications $ -0- Materials for Resale $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 317,531 Total Expenditures Authorized $ 317,531 State Funds Budgeted $ -0- Total Positions Budgeted 10 14. Risk Management Services Budget: Personal Services $ 681,016 Regular Operating Expenses $ 45,078 Travel $ 33,500 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 3,800 Equipment Purchases 1,800 Computer Charges $ 87,500 Real Estate Rentals $ 69,378 Telecommunications $ 13,665 Materials for Resale $ -0- Per Diem, Fees and Contracts $ 25,000 Total Funds Budgeted $ 968,737 Total Expenditures Authorized $ 968,737 State Funds Budgeted $ -0- Total Positions Budgeted 25 15. Health Planning Review Board 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 $ 65,810 Capital Outlay $ -0- Total Funds Budgeted $ 65,810 State Funds Budgeted $ 65,810 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 28,961,350 Regular Operating Expenses $ 5,722,674 Travel $ 172,245 Motor Vehicle Equipment Purchases $ 325,000 Publications and Printing $ 210,905 Equipment Purchases $ 345,361 Computer Charges $ 6,795,058 Real Estate Rentals $ 2,812,062 Telecommunications $ 468,239 Per Diem, Fees and Contracts $ 258,110 Rents and Maintenance Expense $ 18,952,636 Utilities $ 30,263 Unemployment Compensation Reserve $ 11,552 State of Georgia General Obligation Debt Sinking Fund $ 1,060,000 Payments to DOAS Fiscal Administration $ 1,981,700 Direct Payments to Georgia Building Authority for Capital Outlay $ 400,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Direct Payments to Georgia Building Authority for Operations $ 884,865 Telephone Billings $ 29,441,872 Materials for Resale $ 7,517,830 Public Safety Officers Indemnity Fund $ 608,800 Total Positions Budgeted - July 1, 1984 1,030 Total Positions Budgeted - June 30, 1985 1,013 Authorized Motor Vehicles 286 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 $ 449,681 Data Processing Service $ 40,137,998 Motor Pool Service $ 2,083,720 Communication Services $ 33,245,211 Printing Services $ 4,423,983 Total $ 80,340,593 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 $ 13,120,865 Regular Operating Expenses $ 3,017,000 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 22,000 Equipment Purchases $ 92,720 Computer Charges $ -0- Real Estate Rentals $ 43,737 Telecommunications $ 70,900 Per Diem, Fees and Contracts $ 113,000 Capital Outlay $ 400,000 Authority Lease Rentals $ 829,600 Utilities $ 6,512,000 Payments to DOAS for General Obligation Debt Sinking Fund $ 1,060,000 Facilities Renovations and Repairs $ -0- Total Funds Budgeted $ 25,293,822 State Funds Budgeted $ -0- Total Positions Budgeted 518 Authorized Motor Vehicles 39 The expenditure object amounts displayed above represent the budget unit object totals. 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 11. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 24,047,493 State Operations Budget: Personal Services $ 21,334,696 Regular Operating Expenses $ 2,114,343 Travel $ 825,850 Motor Vehicle Equipment Purchases $ 385,049 Publications and Printing $ 497,760 Equipment Purchases $ 106,118 Computer Charges $ 157,063 Real Estate Rentals $ 593,257 Telecommunications $ 332,409 Per Diem, Fees and Contracts $ 257,272 Market Bulletin Postage $ 526,000 Payments to Athens and Tifton Veterinary Laboratories $ 1,473,188 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton $ 1,191,357 Veterinary Fees $ 510,000 Indemnities $ 58,000 Bee Indemnities $ 17,000 Advertising Contract $ 95,000 Payments to Georgia Agrirama Development Authority for Operations $ 286,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 275,000 Contract - Federation of Southern Cooperatives $ 60,000 Total Funds Budgeted $ 31,095,362 State Funds Budgeted $ 24,047,493 Total Positions Budgeted 897 Authorized Motor Vehicles 259 The expenditure object amounts displayed above represent the budget unit object totals. Department of Agriculture Functional Budgets Total Funds State Funds Pos. Plant Industry $ 4,427,885 $ 3,877,940 167 Animal Industry $ 4,894,872 $ 4,543,993 54 Marketing $ 1,455,332 $ 1,442,332 40 General Field Forces $ 2,662,115 $ 2,662,115 109 Internal Administration $ 2,940,686 $ 2,870,202 56 Information and Education $ 1,144,011 $ 1,144,001 9 Fuel and Measures $ 1,949,963 1,945,963 71 Consumer Services $ 871,368 $ 871,368 27 Consumer Protection Field Forces $ 3,874,069 $ 3,075,656 128 Meat Inspection $ 3,358,608 $ 1,339,265 122 Major Markets $ 3,264,447 $ 249,393 106 Seed Technology $ 226,751 $ -0- 8 Undistributed $ 25,255 $ 25,255 0 Total $ 31,095,362 $ 24,047,493 897 Provided, that of the above appropriation relative to Regular Operating Expenses, $55,000 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 Renovation, Construction, Repairs and Maintenance Projects at 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 testing fees for export swine and cattle only, which fees shall be reasonable. B. Budget Unit: Georgia Agrirama Development Authority $ -0- Georgia Agrirama Development Authority Budget: Personal Services $ 482,110 Regular Operating Expenses $ 110,093 Travel $ 6,903 Motor Vehicle Equipment Purchases $ 20,030 Publications and Printing $ 7,964 Equipment Purchases $ 4,015 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 6,900 Per Diem, Fees and Contracts $ 28,800 Capital Outlay $ -0- Goods for Resale $ 95,010 Total Funds Budgeted $ 761,825 State Funds Budgeted $ -0- Total Positions Budgeted 27 Provided, the Authority is hereby authorized to budget additional agency income for the purpose of providing a retirement plan for its employees. Section 12. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 3,837,992 Administration and Examination Budget: Personal Services $ 3,153,969 Regular Operating Expenses $ 137,610 Travel $ 275,000 Motor Vehicle Equipment Purchases $ 61,350 Publications and Printing $ 13,830 Equipment Purchases $ 7,100 Computer Charges $ 4,895 Real Estate Rentals $ 143,200 Telecommunications $ 39,038 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 3,837,992 State Funds Budgeted $ 3,837,992 Total Positions Budgeted 102 Authorized Motor Vehicles 21 The expenditure object amounts displayed above represent the budget unit object totals. Section 13. Department of Community Affairs . A. Budget Unit: Department of Community Affairs $ 5,561,394 State Operations Budget: Personal Services $ 3,981,084 Regular Operating Expenses $ 146,310 Travel $ 185,150 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 62,400 Equipment Purchases $ 950 Computer Charges $ 25,000 Real Estate Rentals $ 255,708 Telecommunications $ 99,948 Per Diem, Fees and Contracts $ 53,971,040 Capital Felony Expenses $ 50,000 Contracts with Area Planning and Development Commissions $ 1,282,500 Local Assistance Grants $ 557,480 Appalachian Regional Commission Assessment $ 91,027 Community Development Block Grants (Federal) $ 36,000,000 Juvenile Justice Grants (Federal) $ 1,000,000 Grant - Richmond County $ 100,000 Economic Development Grants $ 155,000 Payment to Georgia Development Authority $ 350,000 Total Funds Budgeted $ 98,313,597 State Funds Budgeted $ 5,561,394 Total Positions Budgeted 118 Authorized Motor Vehicles 7 The expenditure object amounts displayed above represent the budget unit object totals. Department of Community Affairs Functional Budgets Total Funds State Funds Pos. Executive and Administrative $ 8,072,712 $ 2,999,312 18 Technical Assistance $ 2,049,435 $ 964,835 26 Community and Economic Development $ 37,319,242 $ 926,796 30 Intergovernmental Assistance $ 868,778 $ 667,021 17 Job Training Partnership Act $ 55,000,000 $ -0- 27 Undistributed $ 3,430 $ 3,430 0 Total $ 98,313,597 $ 5,561,394 118 It is the intent of this General Assembly, that the Department of Community Affairs is authorized and directed to expend a portion of available Job Training Partnership Act funds for supplementing and expanding existing or new Quick Start programs. Provided, however, that of the above appropriation, $100,000 is designated and committed for Richmond County to contract with Paine College for a study and development of a proposed Center for Performing Arts. B. Budget Unit: Georgia Residential Finance Authority $ -0- 1. Georgia Residential Finance Authority Budget: Personal Services $ 1,802,630 Regular Operating Expenses $ 232,966 Travel $ 69,814 Motor Vehicle Equipment Purchases $ 51,800 Publications and Printing $ 57,724 Equipment Purchases $ 39,925 Computer Charges $ 32,799 Real Estate Rentals $ 139,031 Telecommunications $ 74,652 Per Diem, Fees and Contracts $ 217,774 Rental Assistance Payments $ 11,000,000 Grants to Housing Sponsors $ 500,000 Total Funds Budgeted $ 14,219,115 State Funds Budgeted $ -0- Total Positions Budgeted 82 Authorized Motor Vehicles 29 2. Georgia Development Authority Budget: Personal Services $ 215,000 Regular Operating Expenses $ 5,500 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,500 Equipment Purchases $ -0- Computer Charges $ 20,000 Real Estate Rentals $ 15,000 Telecommunications $ 7,000 Per Diem, Fees and Contracts $ 70,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ -0- Total Positions Budgeted 4 Budget Unit Object Classes : Personal Services $ 2,017,630 Regular Operating Expenses $ 238,466 Travel $ 77,814 Motor Vehicle Equipment Purchases $ 51,800 Publications and Printing $ 67,224 Equipment Purchases $ 39,925 Computer Charges $ 52,799 Real Estate Rentals $ 154,031 Telecommunications $ 81,652 Per Diem, Fees and Contracts $ 287,774 Rental Assistance Payments $ 11,000,000 Grants to Housing Sponsors $ 500,000 Total Funds Budgeted $ 14,569,115 State Funds Budgeted $ -0- Total Positions Budgeted 86 Authorized Motor Vehicles 29

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Section 14. Office of Comptroller General . Budget Unit: Office of Comptroller General $ 7,076,678 Operations Budget: Personal Services $ 6,013,459 Regular Operating Expenses $ 308,957 Travel $ 174,500 Motor Vehicle Equipment Purchases $ 70,000 Publications and Printing $ 125,866 Equipment Purchases $ 30,918 Computer Charges $ 313,020 Real Estate Rentals $ 469,325 Telecommunications $ 114,377 Per Diem, Fees and Contracts $ 12,250 Total Funds Budgeted $ 7,632,672 State Funds Budgeted $ 7,076,678 Total Positions Budgeted 239 Authorized Motor Vehicles 57 The expenditure object amounts displayed above represent the budget unit object totals. Office of Comptroller General Functional Budgets Total Funds State Funds Pos. Internal Administration $ 1,013,853 $ 1,013,853 20 Insurance Regulation $ 1,939,914 $ 1,833,920 56 Industrial Loans Regulation $ 479,296 $ 479,296 13 Information and Enforcement $ 1,331,745 $ 1,331,745 45 Fire Safety and Mobile Home Regulations $ 2,850,971 $ 2,400,971 105 Undistributed $ 16,893 $ 16,893 0 Total $ 7,632,672 $ 7,076,678 239 Section 15. Department of Defense . Budget Unit: Department of Defense $ 3,239,892 1. Office of the Adjutant General Budget: Personal Services $ 818,496 Regular Operating Expenses $ 67,075 Travel $ 6,948 Motor Vehicle Equipment Purchases $ 9,800 Publications and Printing $ 3,450 Equipment Purchases $ 10,600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,059 Per Diem, Fees and Contracts $ 10,000 Military Assistance to Safety and Traffic Grant $ -0- Total Funds Budgeted $ 928,428 State Funds Budgeted $ 799,727 Total Positions Budgeted 21 2. Georgia Emergency Management Agency Budget: Personal Services $ 1,018,713 Regular Operating Expenses $ 114,334 Travel $ 35,453 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,806 Equipment Purchases $ 11,500 Computer Charges $ -0- Real Estate Rentals $ 6,160 Telecommunications $ 41,768 Per Diem, Fees and Contracts $ 80,500 Utilities $ 24,100 Civil Air Patrol Contract $ 40,000 Local Civil Defense Grants - Project Application $ 64,473 Local Civil Defense Grants - Training $ -0- Total Funds Budgeted $ 1,458,807 State Funds Budgeted $ 537,318 Total Positions Budgeted 36 3. Georgia Air National Guard Budget: Personal Services $ 1,276,244 Regular Operating Expenses $ 302,108 Travel $ 300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 600 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ 773,760 Capital Outlay $ -0- Total Funds Budgeted $ 2,353,012 State Funds Budgeted $ 314,551 Total Positions Budgeted 56 4. Georgia Army National Guard Budget: Personal Services $ 1,752,089 Regular Operating Expenses $ 659,110 Travel $ 3,700 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ 14,300 Equipment Purchases $ 17,810 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 23,531 Per Diem, Fees and Contracts 9,000 Utilities $ 629,545 Capital Outlay $ -0- Georgia Military Institute Grant $ 18,000 Grants to National Guard Units $ 435,000 Repairs and Renovations $ 197,000 Total Funds Budgeted $ 3,768,085 State Funds Budgeted $ 1,588,296 Total Positions Budgeted 83 Budget Unit Object Classes : Personal Services $ 4,865,542 Regular Operating Expenses $ 1,142,627 Travel $ 46,401 Motor Vehicle Equipment Purchases $ 18,800 Publications and Printing $ 40,156 Equipment Purchases $ 39,910 Computer Charges $ -0- Real Estate Rentals $ 6,160 Telecommunications $ 67,358 Per Diem, Fees and Contracts $ 99,500 Utilities 1,427,405 Military Assistance to Safety and Traffic Grant $ -0- National Guard Units Grants $ 435,000 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 40,000 Capital Outlay $ -0- Local Civil Defense Grants - Project Application $ 64,473 Local Civil Defense Grants - Training $ -0- Repairs and Renovations $ 197,000 Total Positions Budgeted 196 Authorized Motor Vehicles 20 Section 16. State Board of Education - Department of Education . A. Budget Unit: Department of Education $ 1,638,228,341 Operations Personal Services $ 18,785,785 Regular Operating Expenses $ 1,936,975 Travel $ 863,885 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 567,400 Equipment Purchases $ 196,500 Computer Charges $ 825,300 Real Estate Rentals $ 2,015,760 Telecommunications $ 520,596 Per Diem, Fees and Contracts $ 5,096,765 Utilities $ 53,540 APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a) $ 684,970,695 Salaries of Instructional Personnel Code Section 20-2-152 $ 119,743,026 Salaries of Instructional Personnel Code Section 20-2-153 $ 29,438,121 Salaries of Student Supportive Personnel $ 29,646,771 Salaries of Administrative and Supervisory Personnel $ 78,551,099 Special Education Leadership Personnel $ 3,492,955 Instructional Media $ 20,269,194 Instructional Equipment $ 702,582 Maintenance and Operation $ 96,790,385 Sick and Personal Leave $ 5,630,332 Travel $ 1,030,454 Pupil Transportation - Regular $ 87,894,111 Isolated Schools $ 602,041 Non-APEG Grants: Education of Children of Low-Income Families $ 78,364,380 Teacher Retirement $ 129,521,361 Instructional Services for the Handicapped $ 22,688,125 Preparation of Professional Personnel in Education of Handicapped Children $ -0- Tuition for the Multi-handicapped $ 1,172,000 Severely Emotionally Disturbed $ 17,530,409 Compensatory Education $ 18,093,010 School Lunch (Fed.) $ 94,136,740 School Lunch (State) $ [Illegible Text] Supplemental Education Centers and Services $ -0- Staff Development $ 800,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 3,898,856 Cooperative Educational Service Areas $ 4,233,967 Superintendents Salaries $ 5,394,221 High School Program $ 32,709,144 Area School Program $ 66,679,865 Career Education $ -0- Junior College Program $ 2,493,647 Refugee Children Transition Act $ -0- Quick Start $ 2,800,000 Nutrition Education $ -0- Special Projects $ -0- Job Training and Partnership Act $ 7,000,000 Vocational Research and Curriculum $ 366,540 Adult Education $ 3,238,917 Salaries and Travel of Public Librarians $ 4,780,493 Public Library Materials $ 3,673,134 Talking Book Centers $ 671,240 Public Library M O $ 2,816,840 Public Library Construction $ 2,061,822 Instructional Aides $ 9,770,377 Teacher Health Insurance $ 39,819,623 Health Insurance - Non Certificated Personnel $ 11,300,000 Teacher Health Insurance - Retired Teachers $ 7,807,000 Capital Outlay $ 55,000 Grants to Local School Systems for Educational Purposes $ 78,000,000 Area Vocational-Technical School Construction $ 200,000 Salaries of Extended Pre-School Personnel $ 13,183,895 Child Care Lunch Program (Federal) $ 13,000,000 Chapter II - Block Grant Flow Through $ 8,702,655 Total Funds Budgeted $1,794,520,705 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $1,638,228,341 Total Positions Authorized 638 Authorized Motor Vehicles 6 The expenditure object amounts displayed above represent the budget unit object totals. EDucation Functional Budgets Total Funds State Funds Pos. Instructional Services $ 6,593,565 $ 3,949,134 164 Governor's Honors Program $ 770,177 755,177 2 Vocational Education $ 5,697,910 $ 2,245,403 93 Public Library Services $ 1,762,369 $ 886,999 42 State Administration $ 1,901,082 $ 1,512,857 31 Administrative Services $ 8,413,348 $ 5,501,061 198 Planning and Development $ 5,270,268 4,508,879 97 Professional Standards Commission $ 136,415 $ 136,415 2 Vocational Advisory Council $ 143,886 $ -0- 2 Professional Practices Commission $ 386,402 $ 386,402 7 Local Programs $ 1,763,445,283 $ 1,620,346,014 0 Undistributed $ -0- $ -0- 0 Total $ 1,794,520,705 $ 1,638,228, 341 638 Provided, that of the above appropriation relative to the Quick Start program, $150,000 is specifically appropriated as matching funds for training in Chatham County area. B. Budget Unit: Institutions $ 17,693,524 Institutional Operations: Personal Services $ 15,201,998 Regular Operating Expenses $ 2,462,655 Travel $ 42,165 Motor Vehicle Equipment Purchases $ 66,500 Publications and Printing $ 14,060 Equipment Purchases $ 353,715 Computer Charges $ 19,000 Telecommunications $ 109,501 Per Diem, Fees and Contracts $ 128,700 Utilities $ 1,746,610 Capital Outlay $ -0- Total Funds Budgeted $ 20,144,904 State Funds Budgeted $ 17,693,524 Total Positions Budgeted 683 Authorized Motor Vehicles 80 The expenditure object amounts displayed above represent the budget unit object totals. Institutions Functional Budgets Total Funds State Funds Pos. Georgia Academy for the Blind $ 3,721,487 $ 3,439,319 148 Georgia School for the Deaf $ 6,212,823 $ 5,910,371 246 Atlanta Area School for the Deaf $ 2,681,917 $ 2,498,804 94 North Georgia Vocational-Technical School $ 4,130,987 $ 3,105,633 104 South Georgia Vocational-Technical School $ 3,397,690 $ 2,739,397 91 Undistributed $ -0- $ -0- 0 Total $ 20,144,904 $ 17,693,524 683 C. Budget Unit: Board of Postsecondary Vocational Education $ 214,144 Board of Postsecondary Vocational Education Budget: Personal Services $ 320,458 Regular Operating Expenses $ 12,799 Travel $ 13,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,000 Equipment Purchases $ 1,500 Computer Charges $ 20,000 Real Estate Rentals $ 34,875 Telecommunications $ 9,000 Per Diem, Fees and Contracts $ 55,000 Total Funds Budgeted $ 473,832 State Funds Budgeted $ 214,144 Total Positions Budgeted 9 The expenditure object amounts displayed above represent the budget unit object totals. 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 that 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 fullday program, local systems may elect to use midday transportation allotments to employ aides or certificated instructional personnel on a reimbursable basis to the extent that the $12,568 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, of funds appropriated for Maintenance and Operation, Sick and Personal Leave and Instructional Media, for all Special Education Teachers, payments shall not be made for 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 Code Section 20-2-157 for grades 1 and 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 and 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); Code Section 20-2-160 and Code Section 20-2-159. Provided, that of the above appropriation for $800,000 for Staff Development, $80,000 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, $18,093,010 is designated and committed for a compensatory education program for students in grades three through eleven and shall be used for remedial purposes only. Each 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 or 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. 1985 entitlements were sufficient to cover eligible projects (pursuant to Code Section 20-2-250), based on a total state entitlement of $40 million for S.F.Y. 1985. 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 17. Employees' Retirement System . Budget Unit: Employees' Retirement System $ 10,467,714 Employees' Retirement System Budget: Personal Services $ 683,021 Regular Operating Expenses $ 13,623 Travel $ 8,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ 4,500 Computer Charges $ 146,447 Real Estate Rentals $ 74,046 Telecommunications $ 12,318 Per Diem, Fees and Contracts $ 436,800 Postage $ 50,000 Benefits to Retirees $ 2,125,000 Employer Contribution $ 8,342,714 Total Funds Budgeted $ 11,916,969 State Funds Budgeted $ 10,467,714 Total Positions Budgeted 28 Authorized Motor Vehicles 1 The expenditure object amounts displayed above represent the budget unit object totals. Section 18. Forestry Commission . Budget Unit: Forestry Commission $ 25,122,474 State Operations Budget: Personal Services $ 19,635,241 Regular Operating Expenses $ 4,394,500 Travel $ 110,780 Motor Vehicle Equipment Purchases $ 1,336,392 Publications and Printing $ 85,000 Equipment Purchases $ 1,745,381 Computer Charges $ 186,000 Real Estate Rentals $ 18,256 Telecommunications $ 538,817 Per Diem, Fees and Contracts $ 89,879 Contractual Research $ 230,000 Payments to the University of Georgia, School of Forestry for Forest Research $ 300,000 Ware County Grant $ 60,000 Wood Energy Program $ 147,790 Capital Outlay $ 151,500 Total Funds Budgeted $ 29,029,536 State Funds Budgeted $ 25,122,474 Total Positions Budgeted 857 Authorized Motor Vehicles 751 The expenditure object amounts displayed above represent the budget unit object totals. Forestry Commission Functional Budgets Total Funds State Funds Pos. Reforestation $ 2,104,944 $ 535,944 34 Field Services $ 25,096,566 $ 22,878,430 794 Wood Energy $ 147,790 $ 43,264 4 General Administration and Support $ 1,680,236 $ 1,664,836 25 Undistributed $ -0- $ -0- 0 Total $ 29,029,536 $ 25,122,474 857 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 19. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 20,661,194 Operations Budget: Personal Services $ 14,562,541 Regular Operating Expenses $ 1,560,874 Travel $ 487,625 Motor Vehicle Equipment Purchases $ 715,500 Publications and Printing $ 86,950 Equipment Purchases $ 548,160 Computer Charges $ 1,936,860 Real Estate Rentals $ 662,395 Telecommunications $ 860,944 Per Diem, Fees and Contracts $ 9,225 Evidence Purchased $ 350,000 Utilities $ 95,480 Postage $ 54,640 Capital Outlay $ 130,000 Total Funds Budgeted $ 22,061,194 Indirect DOAS Funding $ 1,400,000 Total State Funds Budgeted $ 20,661,194 Total Positions Budgeted 479 Authorized Motor Vehicles 298 The expenditure object amounts displayed above represent the budget unit object totals. Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Pos. Administration $ 1,549,766 $ 1,549,766 22 Drug Enforcement $ 3,890,730 $ 3,890,730 64 Investigative $ 8,246,549 $ 8,246,549 208 Forensic Sciences $ 3,736,149 $ 3,736,149 89 Georgia Crime Information Center $ 4,638,000 $ 3,238,000 96 Undistributed $ -0- -0- 0 Total $ 22,061,194 $ 20,661,194 479 Section 20. Georgia State Financing and Investment Commission . Budget Unit: Georgia State Financing and Investment Commission $ -0- Departmental Operations Budget: Personal Services $ 945,360 Regular Operating Expenses $ 40,570 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing [Illegible Text] Equipment Purchases [Illegible Text] Computer Charges $ 14,300 Real Estate Rentals $ 86,130 Telecommunications $ 14,000 Per Diem, Fees and Contracts $ 122,000 Total Funds Budgeted $ 1,236,360 Total Expenditures Authorized $ 1,236,360 State Funds Budgeted $ -0- Total Positions Budgeted 25 The expenditure object amounts displayed above represent the budget unit object totals. Section 21. Office of the Governor . A. Budget Unit: Governor's Office $ 5,257,768 1. Governor's Office Budget: Cost of Operations $ 2,080,090 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,500,000 Intern Stipends and Travel $ 122,000 Total Funds Budgeted $ 4,742,090 State Funds Budgeted $ 4,742,090 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 $ 427,974 Regular Operating Expenses $ 9,651 Travel $ 10,815 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,650 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 69,921 Telecommunications $ 9,167 Per Diem, Fees and Contracts $ 18,000 Total Funds Budgeted $ 548,178 State Funds Budgeted $ 515,678 Total Positions Budgeted 15 Budget Unit Object Classes : Cost of Operations $ 2,080,090 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,500,000 Intern Stipends and Travel $ 122,000 Personal Services $ 427,974 Regular Operating Expenses $ 9,651 Travel $ 10,815 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,650 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 69,921 Telecommunications $ 9,167 Per Diem, Fees and Contracts $ 18,000 Total Positions Budgeted 15 Authorized Motor Vehicles 1 B. Budget Unit: Office of Planning and Budget $ 3,621,090 Office of Planning and Budget Budget: Personal Services $ 2,942,852 Regular Operating Expenses $ 87,830 Travel $ 65,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 34,000 Equipment Purchases $ 1,000 Computer Charges $ 219,552 Real Estate Rentals $ 190,840 Telecommunications $ 54,416 Per Diem, Fees and Contracts $ 75,000 Total Funds Budgeted $ 3,671,090 State Funds Budgeted $ 3,621,090 Total Positions Budgeted 77 Authorized Motor Vehicles 0 The expenditure object amounts displayed above represent the budget unit object totals. C. Budget Unit: Units Attached for Administrative Purposes Only $ 4,244,534 1. Council of the Arts Budget: Personal Services $ 176,501 Regular Operating Expenses $ 8,353 Travel $ 3,260 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 39,600 Telecommunications $ 8,108 Per Diem, Fees and Contracts $ 9,900 Art Grants - State Funds $ 1,468,806 Art Grants - Federal Funds $ 474,920 Art Grants - Donations $ 36,100 Total Funds Budgeted $ 2,230,548 State Funds Budgeted $ 1,719,528 Total Positions Budgeted 8 2. Office of Consumer Affairs: Personal Services $ 1,120,029 Regular Operating Expenses $ 30,100 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 5,020 Computer Charges $ 20,684 Real Estate Rentals $ 155,822 Telecommunications $ 98,047 Per Diem, Fees and Contracts [Illegible Text] Total Funds Budgeted $ 1,450,702 State Funds Budgeted $ 1,450,702 Total Positions Budgeted 42 3. State Energy Office Budget: Personal Services $ 331,189 Regular Operating Expenses $ 17,680 Travel $ 17,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,639 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,060 Per Diem, Fees and Contracts $ 4,661,397 Total Funds Budgeted $ 5,063,665 State Funds Budgeted $ 234,002 Total Positions Budgeted 9 4. Governor's Committee on Post-Secondary Education Budget: Personal Services $ 114,882 Regular Operating Expenses $ 9,540 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,700 Equipment Purchases $ -0- Computer Charges $ 5,000 Real Estate Rentals $ 14,802 Telecommunications $ 2,549 Per Diem, Fees and Contracts $ 7,050 Total Funds Budgeted $ 164,023 State Funds Budgeted $ 164,023 Total Positions Budgeted 3 5. Consumer's Utility Counsel Budget: Personal Services $ 331,175 Regular Operating Expenses $ 9,205 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 20,828 Telecommunications $ 5,099 Per Diem, Fees and Contracts $ 35,000 Total Funds Budgeted $ 405,007 State Funds Budgeted $ 405,007 Total Positions Budgeted 10 6. Criminal Justice Coordinating Council Budget: Personal Services $ 198,153 Regular Operating Expenses $ 11,200 Travel $ 8,575 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,635 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 28,768 Telecommunications $ 4,241 Per Diem, Fees and Contracts $ 15,700 Total Funds Budgeted $ 271,272 State Funds Budgeted $ 271,272 Total Positions Budgeted 5 Budget Unit Object Classes : Personal Services $ 2,271,929 Regular Operating Expenses $ 86,078 Travel $ 45,035 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 47,674 Equipment Purchases $ 6,020 Computer Charges $ 25,684 Real Estate Rentals $ 259,820 Telecommunications $ 130,104 Per Diem, Fees and Contracts $ 4,733,047 Art Grants - State Funds $ 1,468,806 Art Grants - Federal Funds $ 474,920 Art Grants - Donations $ 36,100 Total Positions Budgeted 77 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 22. Grants to Counties and Municipalities . Budget Unit: Grants to Counties and Municipalities $ 8,500,000 Grants to Counties $ 3,250,000 Grants to Municipalities $ 5,250,000 Total Funds Budgeted $ 8,500,000 State Funds Budgeted $ 8,500,000 The expenditure object amounts displayed above represent the budget unit object totals. Section 23. Department of Human Resources . A. Budget Unit: Departmental Operations $ 275,520,815 1. General Administration and Support Budget: Personal Services $ 26,297,233 Regular Operating Expenses $ 1,007,564 Travel $ 745,885 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 204,010 Equipment Purchases $ 12,468 Computer Charges $ 1,149,077 Real Estate Rentals $ 3,339,595 Telecommunications $ 598,965 Per Diem, Fees and Contracts $ 9,443,126 Utilities $ 178,150 Postage $ 579,850 Menninger Group Homes $ 376,000 Benefits for Child Care $ 1,066,000 Contract - Georgia Advocacy Office, Inc. $ 215,000 Total Funds Budgeted $ 45,212,923 Indirect DOAS Services Funding $ 638,300 Indirect GBA Funding $ -0- Agency Funds $ 22,813,579 Social Services Block Grant Funds $ 1,655,800 State Funds Budgeted $ 20,105,244 Total Positions Budgeted 957 Authorized Motor Vehicles 7 General Administration and Support Functional Budgets Total Funds State Funds Pos . Commissioner's Office $ 582,421 $ 582,421 13 Administrative Appeals $ 804,156 $ 804,156 24 Administrative Policy, Coordination, and Direction $ 164,436 $ 164,436 4 Personnel $ 5,175,633 $ 5,118,233 48 Support Services $ 2,065,800 $ 1,838,200 54 Systems Planning, Development and Training $ 169,611 $ 169,611 7 EDP-Planning and Coordination $ 285,949 $ 85,949 0 Indirect Cost $ -0- $ (5,342,600) 0 Facilities Managements $ 3,657,012 $ 2,702,312 8 Community/Intergovernmental Affairs $ 751,090 $ 751,090 20 Budget Administration $ 1,465,108 $ 1,465,108 44 Accounting Services $ 3,558,584 $ 3,558,584 152 Auditing Services $ 1,674,501 $ 1,674,501 47 Special Projects $ 281,900 $ 281,900 0 Children and Youth Planning $ 159,190 $ 159,190 4 Troubled Children Benefits $ 1,442,000 $ 1,442,000 0 Developmental Disabilities $ 248,969 $ -0- 6 MH/MR Advisory Council $ 36,036 $ 36,036 1 Council on Maternal and Infant Health $ 103,187 $ 103,187 3 Council on Family Planning $ 6,400 $ 640 0 Community Services $ 8,826,187 $ -0- 9 Regulatory Services - Program Direction and Support $ 343,335 $ 343,335 9 Child Care Licensing $ 1,428,043 $ 1,428,043 50 Laboratory Improvement $ 554,209 $ 448,209 16 Health Care Facilities Regulation $ 1,734,691 $ 598,091 53 Compliance Monitoring $ 252,092 $ 252,092 7 Radiological Health $ 568,527 $ 452,187 20 Fraud and Abuse $ 1,747,932 $ 224,068 53 Child Support Recovery $ 7,137,819 $ 772,065 305 Undistributed $ (11,895) $ (7,800) 0 Total $ 45,212,923 $ 20,105,244 957 2. Public Health Budget: Personal Services $ 27,297,697 Regular Operating Expenses $ 26,658,288 Travel $ 854,500 Motor Vehicle Equipment Purchases $ 9,332 Publications and Printing $ 278,600 Equipment Purchases $ 79,505 Computer Charges $ 347,818 Real Estate Rentals $ 458,108 Telecommunications $ 442,575 Per Diem, Fees and Contracts $ 12,245,009 Utilities $ 4,500 Postage $ 56,150 Crippled Children Clinics $ 517,572 Regional Grants for Prenatal and Postnatal Care Programs $ 3,879,000 Midwifery Program Benefits $ 175,000 Crippled Children Benefits $ 4,354,000 Kidney Disease Benefits $ 605,000 Cancer Control Benefits $ 2,105,400 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,994,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 42,000 Contract with Emory University for Cancer Research $ 115,000 Contract with Auditory Educational Clinic $ 78,000 Grant-In-Aid to Counties $ 36,873,945 Contract with Emory University for Arthritis Research $ 210,000 Contract for Scoliosis Screening $ 115,000 Family Planning Benefits $ 301,530 Grants to Counties for Teenage Pregnancy Prevention $ 250,000 Grant to Counties for Metabolic Disorders Screening and Treatment $ 45,000 Contract - Macon-Bibb County Hospital Authority $ 5,500,000 Total Funds Budgeted $ 127,992,529 Indirect DOAS Services Funding $ 648,716 Agency Funds $ 49,144,841 State Funds Budgeted $ 78,198,972 Total Positions Budgeted 1,027 Authorized Motor Vehicles 6 Public Health Functional Budgets Total Funds State Funds Pos . Director's Office $ 541,753 $ 344,203 7 Employee's Health $ 267,240 $ 232,240 9 Health Program Management $ 728,239 $ 643,239 26 Vital Records $ 1,059,681 $ 1,044,681 59 Health Services Research $ 667,092 $ 345,276 12 Primary Health Care $ 252,699 $ 252,699 7 Stroke and Heart Attack Prevention $ 161,700 $ 161,700 5 Epidemiology $ 1,078,767 $ 897,293 10 Immunization $ 374,683 -0- 10 Sexually Transmitted Diseases $ 228,854 $ 228,854 6 Community Tuberculosis Center $ 1,156,967 $ 1,156,967 23 Family Health Management $ 5,762,421 $ 576,021 22 Infant and Child Health $ 5,447,661 $ 4,684,362 14 Maternal Health-Perinatal $ 277,513 $ -0- 6 Family Planning $ 1,401,801 $ 495,312 14 Malnutrition $ 592,501 $ -0- 15 Dental Health $ 137,243 $ 137,243 3 Crippled Children $ 4,490,005 $ 3,110,511 52 Chronic Disease $ 1,632,630 $ 1,632,630 21 Diabetes $ 389,823 $ 303,334 4 Cancer Control $ 2,860,716 $ 2,860,716 6 Coordination, Education and Prevention $ 345,075 $ -0- 8 Occupational and Radiological Health $ 804,829 $ 266,057 6 Laboratory Services $ 3,921,269 $ 3,241,821 119 Emergency Health $ 667,368 $ 606,868 12 Minimum Foundation $ 7,418,963 $ 7,289,613 191 Newborn Follow Up Care $ 507,012 $ 324,062 22 District Dental $ 1,167,443 $ 957,268 17 District Stroke and Heart Attack Prevention $ 1,386,785 $ 856,785 18 Sickle Cell $ 300,000 $ 300,000 0 Vision and Hearing $ 420,114 $ 420,114 15 High Risk Pregnant Women and Infants $ 4,510,808 $ 4,510,808 19 District Sexually Transmitted Diseases $ 1,117,799 $ 105,696 27 District Family Planning $ 6,316,572 $ 2,603,856 177 Malnutrition $ 27,669,057 $ -0- 10 Grant in Aid to Counties $ 37,419,685 $ 34,808,689 0 Teenage Pregnancy Prevention $ 250,000 $ 250,000 0 District Crippled Children $ 2,572,987 $ 1,843,280 36 Emergency Health - Local Services $ 1,340,683 $ 340,683 9 Primary Health Care - Local Services $ 354,866 $ 354,866 10 Undistributed $ (8,775) $ (8,775) 0 Total $ 127,992,529 $ 78,198,972 1,027 3. Mental Health - Program Direction and Support Budget: Personal Services $ 4,235,471 Regular Operating Expenses $ 104,440 Travel $ 122,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 54,200 Equipment Purchases $ 2,669 Computer Charges $ 1,539,657 Real Estate Rentals $ -0- Telecommunications $ 240,223 Per Diem, Fees and Contracts $ 183,000 Utilities $ -0- Postage $ 1,060 Contract with Housing Alternatives $ 70,000 Total Funds Budgeted $ 6,553,220 Social Services Block Grant Funds $ 15,000 Indirect DOAS Services Funding $ 1,000,197 Agency Funds $ 452,773 State Funds Budgeted $ 5,085,250 Total Positions Budgeted 126 Mental Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration $ 3,765,855 $ 2,765,658 57 Special Projects and Contracts $ 52,233 $ -0- 2 Program Coordination $ 2,739,909 $ 2,324,369 67 Undistributed $ (4,777) $ (4,777) 0 Total $ 6,553,220 $ 5,085,250 126 4. 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 $ 20,282,600 Utilities $ -0- Postage $ -0- W.I.N. Benefits $ 479,964 Benefits for Child Care $ 14,998,200 Total Funds Budgeted $ 35,760,764 Agency Funds $ 7,522,648 Social Services Block Grant Funds $ 15,098,300 State Funds Budgeted $ 13,139,816 Total Positions Budgeted 0 Authorized Motor Vehicles 111 Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Work Incentive Benefits $ 479,964 $ 47,996 0 Legal Services $ 475,000 $ 250,000 0 AFDC - Family Foster Care $ 4,079,000 $ 1,328,530 0 AFDC - Institutional Foster Care $ 1,184,800 $ 385,890 0 Specialized Foster Care $ 355,300 $ 76,500 0 Child Welfare - Family Foster Care $ 7,721,000 $ 6,235,000 0 Adoption Supplement $ 683,000 $ 631,200 0 Liability Insurance $ 16,000 $ 16,000 0 Emergency Shelter Care $ 99,400 $ 99,400 0 Day Care $ 18,933,000 $ 3,122,000 0 Psychiatric, Psychological and Speech Therapy $ 130,000 $ 130,000 0 Maternity Care $ 50,000 $ 50,000 0 Return of Runaways - County $ 7,000 $ 7,000 0 Child Welfare Institutional Foster Care $ 575,000 $ 575,000 0 Home Management - Contracts $ 161,500 $ 23,500 0 Outreach - Contracts $ 773,800 $ 124,800 0 Special Projects $ 37,000 $ 37,000 0 Undistributed $ -0- $ -0- 0 Total $ 35,760,764 $ 13,139,816 0 5. Youth Services - Program Direction and Support: Personal Services $ 1,237,255 Regular Operating Expenses $ 27,855 Travel $ 27,965 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,050 Equipment Purchases $ 1,693 Computer Charges $ 60,000 Real Estate Rentals $ -0- Telecommunications $ 29,795 Per Diem, Fees and Contracts $ 3,500 Utilities $ -0- Postage $ -0- Benefits for Child Care $ -0- Total Funds Budgeted $ 1,394,113 Indirect DOAS Services Funding $ -0- Agency Funds $ -0- State Funds Budgeted $ 1,394,113 Total Positions Budgeted 38 Authorized Motor Vehicles 0 6. Services to the Aged Budget: Personal Services $ 2,607,811 Regular Operating Expenses $ 61,417 Travel $ 101,991 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 34,136 Equipment Purchases $ 29,171 Computer Charges $ -0- Real Estate Rentals $ 40,700 Telecommunications $ 64,680 Per Diem, Fees and Contracts $ 21,161,921 Utilities $ -0- Payments to DMA $ 2,846,618 Postage $ 11,271 Total Funds Budgeted $ 26,959,716 Social Services Block Grant Funds $ 3,368,100 Agency Funds $ 17,716,125 State Funds Budgeted $ 5,875,491 Total Positions Budgeted 103 Authorized Motor Vehicles 224 Services to the Aged Functional Budgets Total Funds State Funds Pos. Administration and Planning $ 2,783,971 $ 703,648 41 Aging Services $ 19,189,600 $ 1,452,900 0 Alternative Health Services $ 4,987,413 $ 3,719,821 62 Undistributed $ (1,268) $ (878) 0 Total $ 26,959,716 $ 5,875,491 103 7. Rehabilitation Services Budget: Personal Services $ 21,939,775 Regular Operating Expenses $ 1,076,580 Travel $ 507,900 Motor Vehicle Equipment Purchases $ 14,500 Publications and Printing $ 59,100 Equipment Purchases $ 17,067 Computer Charges $ 750,763 Real Estate Rentals $ 936,029 Telecommunications $ 554,082 Per Diem, Fees and Contracts $ 747,802 Utilities $ 212,300 Postage $ 88,700 Grants for Nephrology Centers $ 230,000 Contract with Vocational Rehabilitation Community Facilities $ 4,010,000 Contract for Epilepsy $ 65,000 Case Services $ 9,202,500 E.S.R.P. Case Services $ 75,000 Contract with the Affirmative Industries $ 110,000 Cerebral Palsy Contract $ 143,000 Total Funds Budgeted $ 40,740,098 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 27,016,103 State Funds Budgeted $ 13,673,995 Total Positions Budgeted 807 Authorized Motor Vehicles 24 Rehabilitation Services Functional Budgets Total Funds State Funds Pos . Program Direction and Support $ 2,525,727 $ 953,738 48 Grants Management $ 528,017 $ 454,214 2 Atlanta Rehabilitation Center $ 1,938,455 $ 431,955 65 Alto Rehabilitation Center $ 290,619 $ 66,227 10 Rehabilitation Center for the Deaf - Cave Spring $ 425,142 $ 94,662 16 Central Rehabilitation Center $ 518,259 $ 118,114 18 Georgia Vocational Adjustment Center - Gracewood $ 388,767 $ 88,445 17 Ireland Rehabilitation Center $ 356,567 $ 79,565 18 M. S. McDonald Evaluation Center $ 168,124 $ 38,020 6 J. F. Kennedy Center $ 418,600 $ 95,757 16 Production Workshop $ 869,950 $ -0- 0 District Field Services $ 27,175,100 $ 6,625,747 573 Independent Living $ 232,069 $ 232,069 8 Sheltered Employment $ 905,720 $ 396,500 15 Community Facilities $ 3,685,000 $ 3,685,000 0 Bobby Dodd Workshop $ 325,000 $ 325,000 0 Undistributed $ (11,018) $ (11,018) 0 Total $ 40,740,098 $ 13,673,995 807 8. Roosevelt Warm Springs Rehabilitation Institute: Personal Services $ 9,035,190 Regular Operating Expenses $ 1,573,400 Travel $ 46,000 Motor Vehicle Equipment Purchases $ 39,400 Publications and Printing $ 15,000 Equipment Purchases $ 128,132 Computer Charges $ 61,000 Real Estate Rentals $ -0- Telecommunications $ 164,485 Per Diem, Fees and Contracts $ 1,109,900 Utilities $ 475,000 Postage $ 13,000 Case Services $ 25,000 Capital Outlay $ -0- Operations $ -0- Total Funds Budgeted $ 12,685,507 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 8,759,467 State Funds Budgeted $ 3,876,040 Total Positions Budgeted 427 Authorized Motor Vehicles 24 Roosevelt Warm Springs Rehabilitation Institute Functional Budgets Total Funds State Funds Pos. Administration $ 4,986,457 $ 2,412,893 146 Rehabilitation Services $ 7,702,365 $ 1,466,462 281 Undistributed $ (3,315) $ (3,315) 0 Total $ 12,685,507 $ 3,876,040 427 9. Georgia Factory for the Blind Budget: Personal Services $ 3,688,468 Regular Operating Expenses $ 5,175,048 Travel $ 16,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,300 Equipment Purchases $ 95,000 Computer Charges $ 63,696 Real Estate Rentals $ -0- Telecommunications $ 26,900 Per Diem, Fees and Contracts $ 96,950 Utilities $ 112,200 Postage $ 5,200 Capital Outlay $ -0- Total Funds Budgeted $ 9,286,262 Agency Funds $ 8,846,694 State Funds Budgeted $ 439,568 Total Positions Budgeted 27 Authorized Motor Vehicles 14 Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 8,846,694 $ -0- 9 Supervision $ 439,568 $ 439,568 18 Undistributed $ -0- $ -0- 0 Total $ 9,286,262 $ 439,568 27 10. Rehabilitation Services - Disability Adjudication Budget: Personal Services $ 10,066,192 Regular Operating Expenses $ 207,813 Travel $ 29,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 49,800 Equipment Purchases $ 14,350 Computer Charges $ 427,524 Real Estate Rentals $ 575,681 Telecommunications $ 455,200 Per Diem, Fees and Contracts $ 825,225 Utilities $ -0- Postage $ 203,000 Case Services $ 9,582,679 Total Funds Budgeted $ 22,437,164 Agency Funds $ 22,437,164 State Funds Budgeted $ -0- Total Positions Budgeted 407 11. Family and Children Services Budget: Personal Services $ 10,879,077 Regular Operating Expenses $ 15,670,808 Travel $ 344,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 937,580 Equipment Purchases $ 7,200 Computer Charges $ 8,332,579 Real Estate Rentals $ 196,895 Per Diem, Fees and Contracts $ 6,897,300 Telecommunications $ 1,046,355 Utilities $ 7,200 Postage $ 1,017,800 AFDC Benefits $ 208,591,526 Local Services Benefits Payments Grants $ 66,323,948 Grants to Counties for Social Services $ 49,192,009 SSI - Supplement Benefits $ 3,500 Grants to Fulton County for 24-hour Emergency Social Services $ 200,000 Homemaker Meals $ 102,038 Chatham County Homemaker Project $ 479,200 Douglas County Homemaker Project $ 149,368 Fulton County Homemaker Project $ 317,000 Total Funds Budgeted $ 370,695,783 Agency Funds $ 216,557,083 Indirect DOAS Services Funding $ 2,019,787 Social Services Block Grant Funds $ 18,386,587 State Funds Budgeted $ 133,732,326 Total Positions Budgeted 375 Family and Children Services Functional Budgets Total Funds State Funds Pos. Refugee Benefits $ 1,429,000 $ -0- 0 AFDC Payments $ 208,591,526 $ 67,938,246 0 SSI - Supplement Benefits $ 3,500 $ 3,500 0 Energy Benefits $ 14,500,000 $ -0- 0 Local Services - Benefits Payments Grants $ 66,323,948 $ 33,085,266 0 Grants to Counties for Social Services $ 49,192,009 $ 24,117,733 0 Food Stamp Issuance $ 2,941,000 $ -0- 0 Grants to Fulton County for 24-hour Emergency Services $ 200,000 $ 200,000 0 Homemaker Projects $ 1,047,606 $ 466,206 0 Director's Office $ 579,489 $ 579,489 9 Administration and Management $ 3,924,185 $ 2,574,076 95 District Administration $ 3,885,952 $ 3,885,952 106 Program Planning and Development $ 1,135,265 $ 1,135,265 16 Program Management and Training $ 5,234,295 $ 1,950,295 58 Management Information Systems $ 10,627,398 $ 4,205,510 57 Child Development Administration $ 1,101,280 $ 1,101,280 34 Indirect Cost $ -0- $ (7,500,244) 0 Undistributed $ (20,670) $ 10,248 0 Total $ 370,695,783 $ 133,732,326 375 Budget Unit Object Classes : Personal Services $ 117,284,169 Regular Operating Expenses $ 51,563,213 Travel $ 2,797,341 Motor Vehicle Equipment Purchases $ 63,232 Publications and Printing $ 1,644,776 Equipment Purchases $ 387,255 Computer Charges $ 12,732,114 Real Estate Rentals $ 5,547,008 Telecommunications $ 3,623,260 Per Diem, Fees and Contracts $ 72,996,333 Utilities $ 989,350 Postage $ 1,976,031 Capital Outlay $ -0- Grants for Regional Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 4,354,000 Crippled Children Clinics $ 517,572 Kidney Disease Benefits $ 605,000 Cancer Control Benefits $ 2,105,400 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,994,000 Family Planning Benefits $ 301,530 Benefits for Midwifery Program $ 175,000 Grant-In-Aid to Counties $ 36,873,945 Work Incentive Benefits $ 479,964 Grants to Fulton County for 24-hour Emergency Social Services $ 200,000 Benefits for Child Care $ 16,064,200 Homemaker Meals $ 102,038 Chatham County Homemaker Project $ 479,200 Douglas County Homemaker Project $ 149,368 Fulton County Homemaker Project $ 317,000 Grants for Nephrology Centers $ 230,000 Case Services $ 18,810,179 E.S.R.P. Case Services $ 75,000 SSI-Supplement Benefits $ 3,500 AFDC Benefits $ 208,591,526 Local Services Benefits Payments Grants $ 66,323,948 Grants to Counties for Social Services $ 49,192,009 Contract with Vocational Rehabilitation Community Facilities $ 4,010,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Contract with the Affirmative Industries $ 110,000 Institutional Repairs and Maintenance $ -0- Contract with Emory University for Arthritis Research $ 210,000 Grant for Epilepsy Program $ 65,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 42,000 Contract for Scoliosis Screening $ 115,000 Menninger Group Homes $ 376,000 Contract - Georgia Advocacy Office, Inc $ 215,000 Grant for Teenage Pregnancy Prevention Program $ 250,000 Contract - Cancer Research at Emory $ 115,000 Contract - Macon-Bibb County Hospital Authority $ 5,500,000 Cerebral Palsy Contract $ 143,000 Grants to Counties for Metabolic Disorders Screening and Testing $ 45,000 Payments to DMA $ 2,846,618 Contract with Housing Alternatives $ 70,000 Contract with Auditory Educational Clinic $ 78,000 Total Positions Budgeted 4,294 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 $67,938,246 in State funds for the purpose of making AFDC benefit payments. Provided that for Fiscal 1985, the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 202 $ 115 2 306 174 3 366 208 4 432 245 5 494 280 6 536 304 7 580 329 8 616 350 9 648 368 10 694 394 11 742 421 Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 56.77% of the above standard of needs. Provided, that of the above appropriation, $143,000 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, $42,000 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. It is the intent of the General Assembly that the Department of Human Resources transfer funds from other areas of Budget Unit A to insure that rates in effect for the various Special Program Services of AFDC-Institutional Foster Care and Child Welfare-Institutional Foster Care be not less than the rates paid for such various services on June 30, 1983. For the purposes of this Act, common object classes are defined as: Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Real Estate Rentals, Telecommunications, Per Diem, Fees and Contracts and Utilities. Provided that grants of Maternal and Child Health Block Grant funds above the amounts anticipated in this appropriation shall be used to improve and expand Public Health programs, with priority given to programs which address the problem of high infant mortality and/or morbidity, and not to supplant State funds in this appropriation, provided that such programs not be expanded to levels which such increased funding would not be sufficient to sustain in subsequent years. Provided that of the funds available in the Public Health Budget not less than $125,000 is committed for funding of the Community Cardiovascular Council Stroke-Screening Program. Provided, that, of the above appropriation relative to Troubled Children, funds unexpended for either in-state or out-of-state residential treatment for troubled children shall be allocated to the treatment of youth and adolescents who qualify for Intermediate Level Institutional Foster Care. Provided that of the above appropriation, $40,000 is designated and committed for a program of screening and treatment of diabetes in the Columbus area. B. Budget Unit: State Health Planning and Development $ 475,888 State Health Planning and Development Budget: Personal Services $ 642,347 Regular Operating Expenses $ 45,184 Travel $ 5,000 Publications and Printing $ 2,100 Equipment Purchases $ -0- Computer Charges $ 15,000 Real Estate Rentals $ 80,200 Telecommunications $ 26,373 Per Diem, Fees and Contracts $ 69,939 Postage $ 6,600 Total Funds Budgeted $ 892,743 Indirect DOAS Services Funding $ -0- Agency Funds $ 416,855 State Funds Budgeted $ 475,888 Total Positions Budgeted 21 Authorized Motor Vehicles 0 Budget Unit Object Classes : Personal Services $ 642,347 Regular Operating Expenses $ 45,184 Travel $ 5,000 Publications and Printing $ 2,100 Equipment Purchases $ -0- Computer Charges $ 15,000 Real Estate Rentals $ 80,200 Telecommunications $ 26,373 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 $ 308,323,996 Departmental Operations: Personal Services $ 255,182,865 Regular Operating Expenses $ 27,254,565 Travel $ 576,700 Motor Vehicle Equipment Purchases $ 745,391 Publications and Printing $ 60,450 Equipment Purchases $ 1,773,206 Computer Charges $ 2,063,871 Real Estate Rentals $ 389,146 Telecommunications $ 2,407,468 Per Diem, Fees and Contracts $ 3,051,050 Utilities $ 15,813,801 Postage $ 209,051 Capital Outlay $ 254,000 Authority Lease Rentals $ 2,464,752 Grants to County-Owned Detention Centers $ 2,187,080 Drug Abuse Contracts $ 980,656 Day Care Centers for the Mentally Retarded $ 53,948,205 MR Day Care Center Motor Vehicle Purchases $ 602,160 Supportive Living Staff $ 1,446,213 Supportive Living Benefits $ 6,006,171 Georgia State Foster Grandparent/Senior Companion Program $ 525,000 Community Mental Health Center Services $ 64,519,856 Project Rescue $ 305,752 Project ARC $ 191,794 Project Friendship $ 257,442 Group Homes for Autistic Children $ 282,266 Uniform Alcoholism Projects $ 2,755,047 Child Care Benefits $ 16,000 Community Mental Retardation Staff $ 3,357,418 Community Mental Retardation Residential Services $ 12,628,366 Lumpkin Area Individual Living, Inc. $ 26,800 Total Funds Budgeted $ 462,282,542 Agency Funds $ 124,691,352 Indirect DOAS Services Funding $ 1,625,000 Social Services Block Grant Funds $ 27,642,194 State Funds Budgeted $ 308,323,996 Total Positions Budgeted 12,620/12,540 Authorized Motor Vehicles 1,549 The expenditure object amounts displayed above represent the budget unit object totals. Community Mental Health/Mental Retardation , Youth Services and Institutional Functional Budgets Total Funds State Funds Pos. Georgia Regional Hospital at Augusta $ 12,415,525 $ 10,576,739 502 Georgia Regional Hospital at Atlanta $ 15,954,443 $ 12,595,596 637 Georgia Regional Hospital at Savannah $ 12,815,047 $ 11,284,080 509 West Central Georgia Regional Hospital $ 10,764,268 $ 8,845,667 420 Northwest Regional Hospital at Rome $ 16,814,316 $ 12,554,223 674 Gracewood State School and Hospital $ 35,211,983 $ 21,477,478 1,546/1,533 Southwestern State Hospital $ 24,526,844 $ 16,219,716 1,104/1,075 Georgia Retardation Center $ 23,168,110 $ 13,704,792 882 Georgia Mental Health Institute $ 15,342,501 $ 13,119,932 531 Central State Hospital $ 94,314,445 $ 66,308,404 3,862/3,824 Mental Health Community Assistance $ 6,302,593 $ 6,245,693 221 Outdoor Therapeutic Program $ 1,175,712 $ 1,175,712 40 Mental Retardation Community Assistance $ 1,794,340 $ 1,794,340 62 Central Pharmacy $ 124,451 $ 124,451 3 Metro Drug Abuse Centers $ 1,292,630 $ 649,540 44 Day Care Centers for the Mentally Retarded $ 54,550,365 $ 22,137,642 0 Supportive Living $ 7,452,384 $ 4,294,681 0 Georgia State Foster Grandparent/Senior Companion Program $ 525,000 $ 525,000 0 Community Mental Retardation Staff $ 3,357,418 $ 2,445,183 0 Community Mental Retardation Residential Services $ 12,628,366 $ 7,777,366 0 Group Homes for Autistic Children $ 282,266 $ 282,266 0 Project Rescue $ 305,752 $ 142,752 0 Drug Abuse Contracts $ 980,656 $ 980,656 0 Project ARC $ 191,794 $ 191,794 0 Project Friendship $ 257,442 $ 257,442 0 Community Mental Health Center Services $ 64,519,856 $ 29,273,846 0 Uniform Alcoholism Projects $ 2,755,047 $ 1,881,553 0 Central Laboratory $ 269,075 $ -0- 6 Lumpkin Area Individual Living, Inc. $ 26,800 $ 26,800 0 State Youth Development Centers $ 17,581,028 $ 17,111,535 741 Regional Youth Development Centers $ 11,977,112 $ 11,714,144 414 Group Homes $ 512,626 $ 512,626 19 Community Detention $ 1,111,026 $ 1,111,026 17 Day Centers $ 690,822 $ 690,822 23 Community Treatment Centers $ 1,957,593 $ 1,957,593 77 Court Services $ 6,523,818 $ 6,523,818 258 Runway Investigations $ 401,908 $ 401,908 15 Interstate Compact $ 82,811 $ 82,811 3 Purchase of Services $ 654,000 $ 654,000 0 Assessment and Classification $ 209,000 $ 209,000 10 Undistributed $ 461,369 $ 461,369 0 Total $ 462,282,542 $ 308,323,996 12,620/12,540 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 to $392 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. Uniform Alcoholism Projects $ 2,755,047 $ 1,881,553 0 Central Laboratory $ 269,075 $ -0- 6 Lumpkin Area Individual Living, Inc. $ 26,800 $ 26,800 0 State Youth Development Centers $ 17,581,028 $ 17,111,535 741 Regional Youth Development Centers $ 11,977,112 $ 11,714,144 414 Group Homes $ 512,626 $ 512,626 19 Community Detention $ 1,111,026 $ 1,111,026 17 Day Centers $ 690,822 $ 690,822 23 Community Treatment Centers $ 1,957,593 $ 1,957,593 77 Court Services $ 6,523,818 $ 6,523,818 258 Runaway Investigations $ 401,908 $ 401,908 $ 15 Interstate Compact $ 82,811 $ 82,811 3 Purchase of Services $ 654,000 $ 654,000 0 Assesment and Classification $ 209,000 $ 209,000 10 Undistributed $ 461,369 $ 461,369 0 Total $ 462,282,542 $ 308,323,996 12,620/12,540 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 to $392 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 other 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 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, however, the Department is authorised and directed to utilize $123,500 of available surplus and reserves of the Georgia Building Authority (Hospital) for completion of Phase II of the electrical system upgrading and for repair of an elevator in the Powell Building at Central State Hospital. 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. Provided, that of the above appropriation relating to Georgia State Foster Grandparent/Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program. Provided, however, the Department is authorized to utilize $507,600 of available surplus and reserves of the Georgia Building Authority (Hospital) to fund major maintenance and repairs at Atlanta Regional Hospital ($165,000), Georgia Retardation Center ($64,000), Gracewood State School and Hospital ($220,600) and Georgia Mental Health Institute ($58,000). Provided, however, that Central State Hospital, Southwestern State Hospital, and Gracewood State Hospital are authorized to transfer available surplus funds of no more than $100,000 each to the Department of Offender Rehabilitation to provide appropriate security coverage for inmate labor at these hospitals. Provided, however, that the Department is authorized to use available surplus Medicaid funds at Southwestern State Hospital to fund no more than $150,000 in repair and maintenance costs due to construction interruptions at that hospital.

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Section 24. Department of Industry and Trade . A. Budget Unit: Department of Industry and Trade $ 11,130,293 State Operations Budget: Personal Services $ 4,726,596 Regular Operating Expenses $ 696,763 Travel $ 277,100 Motor Vehicle Equipment Purchases $ 13,000 Publications and Printing $ 295,650 Equipment Purchases $ 23,669 Computer Charges $ 92,325 Real Estate Rentals $ 313,085 Telecommunications $ 157,439 Per Diem, Fees and Contracts $ 156,850 Postage $ 145,000 Local Welcome Center Contracts $ 110,000 Advertising $ 1,243,000 Georgia Ports Authority - Authority Lease Rentals $ 2,735,000 Georgia Ports Authority - General Obligation Bond Payments $ 6,144,392 Historic Chattahoochee Commission Contract $ 50,000 Atlanta Council for International Visitors $ 25,000 Waterway Development in Georgia $ 50,000 Georgia Music Week Promotion $ 20,000 Georgia World Congress Center Operating Expenses $ 600,000 Contract - Georgia Association of Broadcasters $ 51,500 Southern Center for International Studies $ 25,000 Contract - Lanier Regional Committee $ 12,500 Total Funds Budgeted $ 17,963,869 State Funds Budgeted $ 11,130,293 Total Positions Budgeted 193 Authorized Motor Vehicles 21 The expenditure object amounts displayed above represent the budget unit object totals. Department of Industry and Trade Functional Budgets Total Funds State Funds Pos . Industry $ 759,393 $ 759,393 18 Research $ 462,867 $ 462,867 14 Tourism - Promotional $ 1,211,528 $ 1,211,528 27 Tourist - Welcome Centers $ 2,165,478 $ 2,065,478 93 Internal Administration $ 11,147,542 $ 4,413,966 24 International $ 970,359 $ 970,359 17 Advertising $ 1,243,000 $ 1,243,000 0 Undistributed $ 3,702 $ 3,702 0 Total $ 17,963,869 $ 11,130,293 193 Provided, however, that of the above appropriation relative to advertising, $12,000 is designated and committed for brochures promoting Georgia's agriculture, for distribution at Welcome Centers. B. Budget Unit: Authorities $ -0- 1. Georgia World Congress Budget: Personal Services $ 5,083,711 Regular Operating Expenses $ 2,300,136 Travel $ 42,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 50,000 Computer Charges $ 18,000 Real Estate Rentals $ -0- Telecommunications $ 80,160 Per Diem, Fees and Contracts $ 339,600 Atlanta Convention and Visitors Bureau $ 1,416,000 Total Funds Budgeted $ 9,365,607 State Funds Budgeted $ -0- Total Positions Budgeted 215 2. Georgia Ports Authority Budget: Personal Services $ 24,911,178 Regular Operating Expenses $ 8,657,251 Travel $ 478,728 Motor Vehicle Equipment Purchases $ 656,000 Publications and Printing $ 118,919 Equipment Purchases $ 2,604,560 Real Estate Rentals $ 109,343 Telecommunications $ 333,256 G.O. Bonds and Lease Rentals $ 7,233,576 Computer Charges $ 502,856 Per Diem, Fees and Contracts $ 1,332,740 Other Debt-Service Payments $ 820,000 Capital Outlay - Internal Operations $ 1,113,153 Capital Reinvestment $ -0- Total Funds Budgeted $ 48,871,560 State Funds Budgeted $ -0- Total Positions Budgeted 780 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. Budget Unit Object Classes : Personal Services $ 29,994,889 Regular Operating Expenses $ 10,957,387 Travel $ 520,728 Motor Vehicle Equipment Purchases $ 656,000 Publications and Printing $ 154,919 Equipment Purchases $ 2,654,560 Computer Charges $ 520,856 Real Estate Rentals $ 109,343 Telecommunications $ 413,416 Per Diem, Fees and Contracts $ 1,672,340 G.O. Bonds and Lease Rentals $ 7,233,576 Other Debt-Service Payments $ 820,000 Capital Outlay - Internal Operations $ 1,113,153 Atlanta Convention and Visitors Bureau $ 1,416,000 Total Positions Budgeted 995 Authorized Motor Vehicles 36 Section 25. Department of Labor . Budget Unit: Department of Labor $ 4,205,929 State Operations: Personal Services $ 56,956,820 Regular Operating Expenses $ 2,602,196 Travel $ 1,215,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,380 Equipment Purchases $ 564,648 Computer Charges $ 1,723,700 Real Estate Rentals $ 1,615,300 Telecommunications $ 1,192,218 Per Diem, Fees and Contracts (JTPA) $ 50,000 Per Diem, Fees and Contracts $ 950,600 W.I.N. Grants $ 287,600 Total Funds Budgeted $ 67,176,062 State Funds Budgeted $ 4,205,929 Total Positions Budgeted 1,930 Authorized Motor Vehicles 6 The expenditure object amounts displayed above represent the budget unit object totals. Department of Labor Functional Budgets Total Funds State Funds Pos. Inspection $ 826,404 $ 826,404 28 Basic Employment $ 52,414,354 $ 808,000 1,495 Work Incentive $ 2,714,777 $ 271,478 82 Food Stamps $ 1,229,387 $ -0- 47 Job Training Partnership $ 7,691,093 $ -0- 200 Correctional Services $ 2,208,305 $ 2,208,305 78 Undistributed $ 91,742 $ 91,742 0 Total $ 67,176,062 $ 4,205,929 1,930 Section 26. Department of Law . Budget Unit: Department of Law $ 5,283,501 Attorney General's Office Budget: Personal Services $ 4,678,151 Regular Operating Expenses $ 263,808 Travel $ 116,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 33,500 Equipment Purchases $ 10,600 Computer Charges $ 68,392 Real Estate Rentals $ 314,607 Telecommunications $ 98,243 Per Diem, Fees and Contracts $ 36,500 Books for State Library $ 60,000 Capital Outlay $ -0- Total Funds Budgeted $ 5,679,801 State Funds Budgeted $ 5,283,501 Total Positions Budgeted 119 Authorized Motor Vehicles 1 The expenditure object amounts displayed above represent the budget unit object totals. Provided, however, that of the above appropriation relative to regular operating expenses, $30,500 is designated and committed for Court Reporter Fees. Section 27. Department of Medical Assistance . Budget Unit: Medicaid Services $ 230,300,935 Departmental Operations Budget: Personal Services $ 5,818,580 Regular Operating Expenses $ 171,322 Travel $ 117,725 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 94,100 Equipment Purchases $ 13,010 Computer Charges $ 4,589,565 Real Estate Rentals $ 928,900 Telecommunications $ 186,806 Per Diem, Fees and Contracts $ 10,489,540 Postage $ 150,000 Medicaid Benefits $ 743,673,852 Payments to Counties for Mental Health $ 10,385,150 Audits Contracts $ 766,500 Total Funds Budgeted $ 777,385,050 State Funds Budgeted $ 230,300,935 Total Positions Budgeted 225 Authorized Motor Vehicles 3 The expenditure object amounts displayed above represent the budget unit object totals. Medical Assistance Functional Budgets Total Funds State Funds Pos . Commissioner's Office $ 632,820 $ 266,528 11 Program Management $ 11,983,113 $ 1,457,536 41 Administration $ 2,110,507 $ 756,844 36 Operations $ 6,119,541 $ 1,529,884 50 Program Integrity $ 2,480,067 $ 1,061,072 87 Benefits $ 754,059,002 $ 225,229,071 0 Undistributed $ -0- -0- 0 Total $ 777,385,050 $ 230,300,935 225 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 28. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration Agency Assessments $ 5,645,374 Departmental Operations Budget: Personal Services $ 4,277,529 Regular Operating Expenses $ 98,575 Travel $ 46,848 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 149,216 Equipment Purchases $ 6,311 Computer Charges [Illegible Text] Real Estate Rentals $ 573,145 Telecommunications $ 107,145 Per Diem, Fees and Contracts $ 17,011,989 Postage $ 135,860 Health Insurance Claim Payments $ 181,950,000 Total Funds Budgeted $ 205,696,418 Agency Assessments $ 5,645,374 Employee and Employer Contributions $ 200,017,345 Deferred Compensation $ 33,699 Total Positions Budgeted 162 Authorized Motor Vehicles 0 The expenditure object amounts displayed above represent the budget unit object totals. Merit System Functional Budgets Total Funds State Funds Pos . Applicant Services $ 1,707,742 $ -0- 39 Classification and Compensation $ 761,953 $ -0- 19 Program Evaluation and Audit $ 584,548 $ -0- 13 Employee Training and Development $ 904,829 $ -0- 23 Health Insurance Administration $ 5,629,744 $ -0- 27 Health Insurance Claims $ 194,207,939 $ -0- 0 Internal Administration $ 900,588 $ -0- 33 Commissioner's Office $ 995,929 $ -0- 8 Undistributed $ 3,146 $ -0- 0 Total $ 205,696,418 $ -0- 162 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. Provided, however, the Department is authorized to assess no more than $110.90 per merit system budgeted position for the cost of departmental operations. Section 29. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 50,701,141 1. Internal Administration Budget: Personal Services $ 2,472,269 Regular Operating Expenses $ 162,169 Travel $ 19,500 Motor Vehicle Equipment Purchases $ 8,800 Publications and Printing $ 180,500 Equipment Purchases $ 8,000 Computer Charges $ 160,597 Real Estate Rentals $ 165,527 Telecommunications $ 71,869 Per Diem, Fees and Contracts $ 105,005 Postage $ 89,586 Payments to Lake Lanier Islands Development Authority $ 540,000 Capital Outlay - Heritage Trust $ 75,000 Total Funds Budgeted $ 4,058,822 Receipts from Jekyll Island State Park Authority $ 53,750 Receipts from Stone Mountain Memorial Association $ 328,500 State Funds Budgeted $ 3,676,572 Total Positions Budgeted 80 2. Game and Fish Budget: Personal Services $ 13,873,360 Regular Operating Expenses $ 3,078,591 Travel $ 80,000 Motor Vehicle Equipment Purchases $ 713,039 Publications and Printing $ 78,000 Equipment Purchases $ 430,700 Computer Charges $ 45,793 Real Estate Rentals $ 45,394 Telecommunications $ 229,449 Per Diem, Fees and Contracts $ 80,800 Postage $ 62,466 Capital Outlay - Consolidated Maintenance $ 333,713 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 375,000 Total Funds Budgeted $ 19,426,305 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 15,702,038 Total Positions Budgeted 477 3. Parks, Recreation and Historic Sites Budget: Personal Services $ 9,678,786 Regular Operating Expenses $ 3,683,267 Travel $ 77,878 Motor Vehicle Equipment Purchases $ 285,300 Publications and Printing $ 98,355 Equipment Purchases $ 219,000 Computer Charges $ 17,000 Real Estate Rentals $ 130,765 Telecommunications $ 244,720 Per Diem, Fees and Contracts $ 61,202 Postage $ 57,600 Capital Outlay - Repairs and Maintenance $ 829,000 Capital Outlay - Shop Stock $ 300,000 Cost of Material for Resale $ 1,025,000 Authority Lease Rentals $ 1,857,000 Lands and Water Conservation Grants $ 1,400,000 Recreation Grants $ 415,000 Contract - Special Olympics, Inc. $ 186,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - User Fee Enhancements $ 1,457,663 Technical Assistance Contract $ 125,000 Grant - The Hay House $ 40,000 Contract - Corps of Engineers (Cold Water Creek St. Park) $ 126,192 Grant - Tybee Island $ 60,000 Advertising and Promotion $ 100,000 Total Funds Budgeted $ 22,524,728 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 13,349,728 Total Positions Budgeted 374 4. Environmental Protection Budget: Personal Services $ 10,342,186 Regular Operating Expenses $ 641,805 Travel $ 242,400 Motor Vehicle Equipment Purchases $ 67,631 Publications and Printing $ 85,117 Equipment Purchases $ 78,751 Computer Charges $ 134,000 Real Estate Rentals $ 516,905 Telecommunications $ 183,729 Per Diem, Fees and Contracts $ 540,710 Postage $ 96,112 Solid Waste Grants $ 1,000,000 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 $ 20,314,783 State Funds Budgeted $ 16,865,783 Total Positions Budgeted 314 5. Coastal Resources Budget: Personal Services $ 806,576 Regular Operating Expenses $ 173,943 Travel $ 11,950 Motor Vehicle Equipment Purchases $ 24,000 Publications and Printing $ 20,208 Equipment Purchases $ 23,241 Computer Charges $ 15,477 Real Estate Rentals $ -0- Telecommunications $ 20,236 Per Diem, Fees and Contracts $ 8,500 Postage $ 9,639 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Repairs and Maintenance $ 33,250 Total Funds Budgeted $ 1,167,020 State Funds Budgeted $ 1,107,020 Total Positions Budgeted 26 Budget Unit Object Classes : Personal Services $ 37,173,177 Regular Operating Expenses $ 7,739,775 Travel $ 431,728 Motor Vehicle Equipment Purchases $ 1,098,770 Publications and Printing $ 462,180 Equipment Purchases $ 759,692 Computer Charges $ 372,867 Real Estate Rentals $ 858,591 Telecommunications $ 750,003 Per Diem, Fees and Contracts $ 796,217 Postage $ 315,403 Land and Water Conservation Grants $ 1,400,000 Recreation Grants $ 415,000 Water and Sewer Grants $ 6,000,000 Solid Waste Grants $ 1,000,000 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 - Repairs and Maintenance $ 862,250 Capital Outlay - Shop Stock $ 300,000 Capital Outlay - Heritage Trust $ 75,000 Authority Lease Rentals $ 1,857,000 Cost of Material for Resale $ 1,025,000 Payments to Lake Lanier Islands Development Authority $ 540,000 Contract - Special Olympics, Inc. $ 186,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 375,000 Capital Outlay - User Fee Enhancements $ 1,457,663 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance $ 333,713 Technical Assistance Contract $ 125,000 Contract - Georgia Rural Water Association $ 10,000 Grant - The Hay House $ 40,000 Contract - Corps of Engineers (Cold Water Creek St. Park) $ 126,192 Grant - Tybee Island $ 60,000 Advertising and Promotion $ 100,000 Total Positions Budgeted 1,271 Authorized Motor Vehicles 1,021 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 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 $ 1,672,614 Regular Operating Expenses $ 716,279 Travel $ 3,700 Motor Vehicle Equipment Purchases $ 22,000 Publications and Printing $ 46,320 Equipment Purchases $ 80,738 Computer Charges $ 4,000 Real Estate Rentals $ -0- Telecommunications $ 44,733 Per Diem, Fees and Contracts $ 20,620 Capital Outlay $ -0- Campground Sinking Fund $ -0- Promotion Expenses $ -0- Total Funds Budgeted $ 2,611,004 State Funds Budgeted $ -0- Total Positions Budgeted 64 2. Jekyll Island State Park Authority Budget: Personal Services $ 2,834,785 Regular Operating Expenses $ 1,865,000 Travel $ 32,000 Motor Vehicle Equipment Purchases $ 60,000 Publications and Printing $ 35,000 Equipment Purchases $ 75,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 42,000 Per Diem, Fees and Contracts $ 80,000 Mortgage Payments $ -0- Capital Outlay $ -0- Promotion Expenses $ -0- Payments to the Department of Natural Resources $ 53,750 Total Funds Budgeted $ 5,077,535 State Funds Budgeted $ -0- Total Positions Budgeted 165 Budget Unit Object Classes : Personal Services $ 4,507,399 Regular Operating Expenses $ 2,581,279 Travel $ 35,700 Motor Vehicle Equipment Purchases $ 82,000 Publications and Printing $ 81,320 Equipment $ 155,738 Computer Charges $ 4,000 Real Estate Rentals $ -0- Telecommunications $ 86,733 Per Diem, Fees and Contracts $ 100,620 Capital Outlay $ -0- Promotion Expense $ -0- Campground Sinking Fund $ -0- Payments to the Department of Natural Resources $ 53,750 Mortgage Payments $ -0- Total Positions Budgeted 229 Authorized Motor Vehicles 100

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Section 30. Department of Offender Rehabilitation . A. Budget Unit: Departmental Operations $ 22,223,717 Departmental Operations Budget: Personal Services $ 8,905,823 Regular Operating Expenses $ 605,600 Travel $ 340,680 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 53,600 Equipment Purchases $ 43,290 Computer Charges $ 650,578 Real Estate Rentals $ 989,593 Telecommunications $ 311,398 Per Diem, Fees and Contracts $ 913,655 Utilities $ 44,000 County Subsidy $ 7,117,500 County Subsidy for Jails $ 753,000 Court Costs $ 300,000 Central Repair Fund $ 550,000 Grants for County Workcamp Construction $ 840,000 Local Jail Equipment Grants $ 50,000 Grants for Local Jails $ 400,000 Total Funds Budgeted $ 22,868,717 State Funds Budgeted $ 22,223,717 Total Positions Budgeted 336 Authorized Motor Vehicles 70 The expenditure object amounts displayed above represent the budget unit object totals. Departmental Operations Functional Budgets Total Funds State Funds Pos. General Administration and Support $ 6,472,753 $ 6,022,753 139 Audit Facilities and Programs $ 15,134,047 $ 14,939,047 165 Training and Staff Development $ 1,261,917 $ 1,261,917 32 Undistributed $ -0- $ -0- 0 Total $ 22,868,717 $ 22,223,717 336 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 $ 136,857,926 Institutional Operations Budget: Personal Services $ 93,370,988 Regular Operating Expenses $ 17,715,549 Travel $ 72,765 Motor Vehicle Equipment Purchases $ 441,000 Publications and Printing $ 80,000 Equipment Purchases $ 1,624,887 Computer Charges $ -0- Real Estate Rentals $ 236,530 Telecommunications $ 866,106 Per Diem, Fees and Contracts $ 347,000 Utilities $ 6,618,650 Payments to Central State Hospital for Meals $ 2,296,600 Payments to Central State Hospital for Utilities $ 951,700 Inmate Release Funds $ 916,000 Health Service Purchases $ 11,878,464 Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification $ 40,480 Authority Lease Rentals $ 440,000 Capital Outlay $ 805,000 Total Funds Budgeted $ 138,701,719 State Funds Budgeted $ 136,857,926 Total Positions Budgeted 4,603 Authorized Motor Vehicles 379 The expenditure object amounts displayed above represent the budget unit object totals. Correctional Institutions, Transitional Centers , and Support Functional Budgets Total Funds State Funds Pos. Georgia Training and Development Center $ 1,763,627 $ 1,763,627 66 Georgia Industrial Institute $ 7,230,386 $ 7,230,386 298 Alto Education and Evaluation Center $ 1,614,172 $ 1,334,571 48 Georgia Diagnostic and Classification Center $ 7,688,468 $ 7,688,468 321 Georgia State Prison $ 19,584,653 $ 19,584,653 884 Consolidated Branches $ 12,418,536 $ 12,292,496 515 Middle Georgia Correctional Institute $ 19,051,480 $ 19,051,480 804 Jack T. Rutledge Correctional Institution $ 3,710,882 $ 3,710,882 155 Central Correctional Institution $ 3,119,515 $ 3,119,515 135 Metro Correctional Institution $ 4,158,657 $ 4,158,657 183 Coastal Correctional Institution $ 4,028,470 $ 3,976,630 176 Central Funds $ 7,948,589 $ 7,948,589 3 D.O.T. Work Details $ 640,848 $ -0- 32 Food Processing and Distribution $ 10,902,504 $ 10,201,040 192 Farm Operations $ 4,767,561 $ 4,723,561 37 Dodge Correctional Institution $ 3,328,339 $ 3,328,339 144 Transitional Centers $ 3,289,942 $ 3,289,942 119 Augusta Correctional and Medical Institution $ 5,543,410 $ 5,543,410 254 Health Care $ 17,911,680 $ 17,911,680 237 Undistributed $ -0- $ -0- 0 Total $ 138,701,719 $ 136,857,926 4,603 It is the intent of this General Assembly that, with respect to the Legal Services Program for inmates, lawyers, law students and/or employees be prohibited from soliciting for filing of writs. It is the intent of this General Assembly that the department not start any new community center programs with Federal funds without the prior approval of the General Assembly of Georgia. Provided, that the above total funds appropriated for Health Services Purchases includes payments to jails for State prisoner's medical costs. C. Budget Unit: Board of Pardons and Paroles $ 11,377,154 Board of Pardons and Paroles Budget: Personal Services $ 9,472,499 Regular Operating Expenses $ 262,688 Travel $ 394,118 Motor Vehicle Equipment Purchases $ 40,000 Publications and Printing $ 34,880 Equipment Purchases $ 83,352 Computer Charges $ 68,371 Real Estate Rentals $ 605,403 Telecommunications $ 258,752 Per Diem, Fees and Contracts $ 22,091 County Jail Subsidy $ 135,000 Total Funds Budgeted $ 11,377,154 State Funds Budgeted $ 11,377,154 Total Positions Budgeted 424 Authorized Motor Vehicles 27 The expenditure object amounts displayed above represent the budget unit object totals. D. Budget Unit: Georgia Correctional Industries $ -0- Georgia Correctional Industries Budget: Personal Services $ 2,075,121 Regular Operating Expenses $ 635,225 Travel $ 50,000 Motor Vehicle Equipment Purchases $ 45,000 Publications and Printing $ 9,100 Equipment Purchases $ 107,000 Computer Charges $ 5,863 Real Estate Rentals $ 32,450 Telecommunications $ 62,750 Per Diem, Fees and Contracts $ 320,900 Cost of Sales $ 6,060,000 Repayment of Prior Year's Appropriations $ 84,000 Capital Outlay $ -0- Total Funds Budgeted $ 9,487,409 State Funds Budgeted $ -0- Total Positions Budgeted 80 Authorized Motor Vehicles 16 The expenditure object amounts displayed above represent the budget unit object totals. E. Budget Unit: Probation Field Operations $ 26,134,562 1. Probation Operations Budget: Personal Services $ 21,657,063 Regular Operating Expenses $ 444,354 Travel $ 447,675 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 45,200 Equipment Purchases $ 87,066 Computer Charges $ -0- Real Estate Rentals $ 396,084 Telecommunications $ 303,530 Utilities $ 6,272 Per Diem, Fees and Contracts $ 7,000 Total Funds Budgeted $ 23,394,244 State Funds Budgeted $ 21,436,118 Total Positions Budgeted 933 2. Diversion Centers Budget: Personal Services $ 4,066,118 Regular Operating Expenses $ 301,720 Travel $ 21,910 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 35,400 Computer Charges $ -0- Real Estate Rentals $ 291,156 Telecommunications $ 54,220 Utilities $ 257,500 Per Diem, Fees and Contracts $ -0- Capital Outlay $ 360,000 Total Funds Budgeted $ 5,388,024 State Funds Budgeted $ 4,698,444 Total Positions Budgeted 196 Budget Unit Object Classes : Personal Services $ 25,723,181 Regular Operating Expenses $ 746,074 Travel $ 469,585 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 45,200 Equipment Purchases $ 122,466 Computer Charges $ -0- Real Estate Rentals $ 687,240 Telecommunications $ 357,750 Utilities $ 263,772 Per Diem, Fees and Contracts $ 7,000 Capital Outlay $ 360,000 Total Positions Budgeted 1,129 Authorized Motor Vehicles 93 Section 31. Department of Public Safety . Budget Unit: Department of Public Safety $ 58,698,034 1. Office of Highway Safety Budget: Personal Services $ 312,699 Regular Operating Expenses $ 21,311 Travel $ 9,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ -0- Computer Charges $ 11,900 Real Estate Rentals $ -0- Telecommunications $ 11,800 Per Diem, Fees and Contracts $ -0- Postage $ 3,500 Total Funds Budgeted $ 372,910 State Funds Budgeted $ 186,455 Total Positions Budgeted 8 2. Administration Budget: Personal Services $ 4,650,880 Regular Operating Expenses $ 1,032,208 Travel $ 66,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 35,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 118,425 Per Diem, Fees and Contracts $ 30,303 Postage $ 22,000 Total Funds Budgeted $ 5,990,816 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 5,957,649 Total Positions Budgeted 170 3. Driver Services Budget: Personal Services $ 6,213,356 Regular Operating Expenses $ 789,025 Travel $ 855 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 182,475 Equipment Purchases $ 100,000 Computer Charges $ 2,241,515 Real Estate Rentals $ 4,800 Telecommunications $ 70,900 Per Diem, Fees and Contracts $ 2,275 Postage $ 583,000 Conviction Reports $ 185,000 Capital Outlay $ -0- Driver License Processing $ 816,000 Total Funds Budgeted $ 11,189,201 Indirect DOAS Services Funding $ 1,500,000 State Funds Budgeted $ 9,689,201 Total Positions Budgeted 310 4. Field Operations Budget: Personal Services $ 28,441,011 Regular Operating Expenses $ 4,707,084 Travel $ 47,945 Motor Vehicle Equipment Purchases $ 4,100,000 Publications and Printing $ 232,525 Equipment Purchases $ 207,500 Computer Charges $ -0- Real Estate Rentals $ 2,207 Telecommunications $ 386,400 Per Diem, Fees and Contracts $ 60,647 Postage $ 36,000 Capital Outlay $ -0- Total Funds Budgeted $ 38,221,319 Indirect DOAS Services Funding $ 150,000 State Funds Budgeted $ 38,071,319 Total Positions Budgeted 992 5. Georgia Peace Officer Standards and Training Budget: Personal Services $ 753,100 Regular Operating Expenses $ 77,800 Travel $ 30,000 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ 17,900 Equipment Purchases $ 702 Computer Charges $ 70,000 Real Estate Rentals $ 48,500 Telecommunications $ 18,800 Per Diem, Fees and Contracts $ 13,500 Postage $ 5,550 Peace Officers Training Grants $ 1,743,363 Total Funds Budgeted $ 2,788,215 State Funds Budgeted $ 2,788,215 Total Positions Budgeted 25 6. Police Academy: Personal Services $ 574,427 Regular Operating Expenses $ 163,000 Travel $ 12,850 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,500 Equipment Purchases $ 7,400 Computer Charges $ 16,000 Real Estate Rentals $ -0- Telecommunications $ 17,930 Per Diem, Fees and Contracts $ 146,200 Postage $ 3,400 Total Funds Budgeted $ 950,707 State Funds Budgeted $ 905,707 Total Positions Budgeted 17 7. Fire Academy: Personal Services $ 353,957 Regular Operating Expenses $ 47,100 Travel $ 14,000 Motor Vehicle Equipment Purchases $ 30,000 Publications and Printing $ 3,000 Equipment Purchases $ 14,000 Computer Charges $ 30,558 Real Estate Rentals $ 15,182 Telecommunications $ 10,925 Per Diem, Fees and Contracts $ 110,000 Postage $ 5,700 Total Funds Budgeted $ 634,422 State Funds Budgeted $ 569,422 Total Positions Budgeted 13 8. Georgia Firefighter Standards and Training Council Budget: Personal Services $ 133,251 Regular Operating Expenses $ 12,540 Travel $ 9,200 Motor Vehicle Equipment Purchases $ 8,800 Publications and Printing $ 2,100 Equipment Purchases $ 2,000 Computer Charges $ 5,100 Real Estate Rentals $ 3,500 Telecommunications $ 4,450 Per Diem, Fees and Contracts $ 15,000 Postage $ 2,600 Total Funds Budgeted $ 198,541 State Funds Budgeted $ 198,541 Total Positions Budgeted 4 9. Organized Crime Prevention Council Budget: Personal Services $ 134,325 Regular Operating Expenses $ 16,337 Travel $ 9,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,950 Per Diem, Fees and Contracts $ 29,082 Postage $ 700 Total Funds Budgeted $ 194,894 State Funds Budgeted $ 194,894 Total Positions Budgeted 3 10. Georgia Public Safety Training Facility Budget: Personal Services $ 106,770 Regular Operating Expenses $ 4,961 Travel $ 4,500 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ 250 Equipment Purchases $ 1,000 Computer Charges $ 800 Real Estate Rentals $ 3,500 Telecommunications $ 2,950 Per Diem, Fees and Contracts $ 2,500 Postage $ 400 Capital Outlay $ -0- Total Funds Budgeted $ 136,631 State Funds Budgeted $ 136,631 Total Positions Budgeted 3 Budget Unit Object Classes : Personal Services $ 41,673,776 Regular Operating Expenses $ 6,871,366 Travel $ 204,050 Motor Vehicle Equipment Purchases $ 4,156,800 Publications and Printing $ 488,250 Equipment Purchases $ 367,602 Computer Charges $ 2,375,873 Real Estate Rentals $ 77,689 Telecommunications $ 645,530 Per Diem, Fees and Contracts $ 409,507 Postage $ 662,850 Conviction Reports $ 185,000 Peace Officers Training Grant $ 1,743,363 Driver License Processing $ 816,000 Capital Outlay $ -0- Total Positions Budgeted 1,545 Authorized Motor Vehicles 1,099 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 32. Public School Employees' Retirement System . Budget Unit: Public School Employees' Retirement System $ 12,562,455 Departmental Operations Budget: Payments to Employees' Retirement System $ 176,455 Employer Contributions $ 12,386,000 Total Funds Budgeted $ 12,562,455 State Funds Budgeted $ 12,562,455 The expenditure object amounts displayed above represent the budget unit object totals. Section 33. Public Service Commission . Budget Unit: Public Service Commission $ 4,487,569 Departmental Operations Budget: Personal Services $ 3,586,944 Regular Operating Expenses $ 194,018 Travel $ 101,873 Motor Vehicle Equipment Purchases $ 68,000 Publications and Printing $ 10,000 Equipment Purchases $ 6,500 Computer Charges $ 125,019 Real Estate Rentals $ 213,700 Telecommunications $ 94,085 Per Diem, Fees and Contracts $ 165,000 Total Funds Budgeted $ 4,565,139 State Funds Budgeted $ 4,487,569 Total Positions Budgeted 119 Authorized Motor Vehicles 26 The expenditure object amounts displayed above represent the budget unit object totals. Public Service Commission Functional Budgets Total Funds State Funds Pos. Administration $ 1,017,446 $ 1,016,446 22 Transportation $ 1,624,214 $ 1,624,214 47 Utilities $ 1,923,479 $ 1,846,909 50 Total $ 4,565,139 $ 4,487,569 119

Page 1604

Section 34. Regents, University System of Georgia . A. Budget Unit: Resident Instruction and University System Institutions $ 600,810,801 1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 520,374,189 Sponsored Operations $ 62,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 139,596,084 Sponsored Operations $ 68,000,000 Office of Minority Business Enterprise $ 316,341 Special Desegregation Programs $ 301,331 Authority Lease Rentals $ 15,538,000 Total Funds Budgeted $ 806,125,945 Less Agency Funds : Departmental Income $ 17,500,000 Sponsored Income $ 130,000,000 Other Funds $ 152,574,906 Auxiliary Income $ -0- Indirect Communication Charges $ 3,027,300 State Funds Budgeted $ 503,023,739 Total Positions Budgeted 17,086 Provided, that from appropriated funds in this budget unit, the amount of $15,538,000 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. $ 750,107 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 272,900 Sponsored Operations $ -0- Total Funds Budgeted $ 1,023,007 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 134,111 Indirect DOAS Services Funding $ 9,800 State Funds Budgeted $ 879,096 Total Positions Budgeted 27 3. Skidaway Institute of Oceanography Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 964,397 Sponsored Operations $ 800,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 590,695 Sponsored Operations $ 943,750 Total Funds Budgeted $ 3,298,842 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 1,743,750 Other Funds $ 407,788 State Funds Budgeted $ 1,147,304 Total Positions Budgeted 35 4. Marine Institute Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 437,213 Sponsored Operations $ 162,487 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 227,628 Sponsored Operations $ 137,513 Total Funds Budgeted $ 964,841 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 300,000 Other Funds $ -0- State Funds Budgeted $ 664,841 Total Positions Budgeted 20 5. Engineering Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 11,612,032 Sponsored Operations $ 27,655,087 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 7,370,696 Sponsored Operations $ 20,998,365 Agricultural Research $ 569,269 Total Funds Budgeted $ 68,205,449 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 48,653,452 Other Funds $ 12,316,627 Indirect DOAS Services Funding $ 117,600 State Funds Budgeted $ 7,117,770 Total Positions Budgeted 361 6. Engineering Extension Division Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 1,301,077 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 722,706 Sponsored Operations $ -0- Advanced Technology Development Center $ 811,864 Total Funds Budgeted $ 2,835,647 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 1,345,825 Indirect DOAS Services Funding $ 12,200 State Funds Budgeted $ 1,477,622 Total Positions Budgeted 52 7. Agricultural Experiment Station Budget: Personal Services: Educ. Gen., Dept. Svcs. 23,132,114 Sponsored Operations $ 4,300,000 Operating Expenses: Educ., Gen., and Dept. Svcs. 8,127,643 Sponsored Operations $ 3,200,000 Fire Ant Research $ 50,000 Total Funds Budgeted $ 38,809,757 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 7,500,000 Other Funds $ 6,854,745 Indirect DOAS Services Funding $ 95,900 State Funds Budgeted $ 24,359,112 Total Positions Budgeted 869 8. Cooperative Extension Service Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 26,343,804 Sponsored Operations $ 4,250,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 3,565,830 Sponsored Operations $ 1,750,000 Total Funds Budgeted $ 35,909,634 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 6,000,000 Other Funds $ 5,640,000 Indirect DOAS Services Funding $ 126,700 State Funds Budgeted $ 24,142,934 Total Positions Budgeted 970 9. Eugene Talmadge Memorial Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 58,912,096 Sponsored Operations $ 2,819,815 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 24,784,283 Sponsored Operations $ 670,000 Capital Outlay - ETMH Renovations $ 1,500,000 Total Funds Budgeted $ 88,686,194 Less Agency Funds : Departmental Income $ 1,364,700 Sponsored Income $ 3,489,815 Other Funds $ 51,620,625 Board of Corrections $ 1,800,000 Indirect DOAS Services Funding $ 193,500 State Funds Budgeted $ 30,217,554 Total Positions Budgeted 3,091 10. Veterinary Medicine Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 1,101,513 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs $ 454,157 Sponsored Operations $ -0- Agricultural Research $ 470,027 Fire Ant Research $ 192,398 Total Funds Budgeted $ 2,218,095 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ -0- State Funds Budgeted $ 2,218,095 Total Positions Budgeted 63 11. Veterinary Medicine Teaching Hospital Budget: Personal Service: Educ., Gen., and Dept. Svcs $ 824,889 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs $ 1,044,740 Sponsored Operations $ -0- Total Funds Budgeted $ 1,869,629 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 1,408,225 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 461,404 Total Positions Budgeted 55 12. Family Practice Residency Program Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 139,915 Operating Expenses: Educ., Gen., and Dept. Svcs $ 98,893 Capitation Contracts for Family Practice Residency $ 2,060,000 Residency Capitation Grants $ 1,785,000 New Program Development Contracts for Family Practice Residency $ 150,000 Student Preceptorships $ 185,000 Total Funds Budgeted $ 4,418,808 State Funds Budgeted $ 4,418,808 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 or otherwise designated 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. $ 714,167 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 320,858 Sponsored Operations $ -0- Capital Outlay - GRTC Planning Funds $ 150,000 Total Funds Budgeted $ 1,185,025 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 780,206 State Funds Budgeted $ 404,819 Total Positions Budgeted 32 14. Athens and Tifton Veterinary Laboratories Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 277,703 Sponsored Operations $ 940,213 Operating Expenses: Educ., Gen., and Dept. Svcs. $ -0- Sponsored Operations $ 532,975 Total Funds Budgeted $ 1,750,891 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ 1,473,188 Other Funds $ -0- State Funds Budgeted $ 277,703 Total Positions Budgeted 48 Budget Unit Object Classes : Personal Services: Educ., Gen., and Dept. Svcs. $ 646,885,216 Sponsored Operations $ 102,927,602 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 187,177,113 Sponsored Operations $ 96,232,603 Office of Minority Business Enterprise $ 316,341 Special Desegregation Programs $ 301,331 Fire Ant Research $ 242,398 Agricultural Research $ 1,039,296 Advanced Technology Development Center $ 811,864 Capitation Contracts for Family Practice Residency $ 2,060,000 New Program Development Contracts for Family Practice Residency $ 150,000 Residency Capitation Grants $ 1,785,000 Student Preceptorships $ 185,000 Authority Lease Rentals $ 15,538,000 Capital Outlay - ETMH Renovations $ 1,500,000 Capital Outlay - GRTC Planning Funds $ 150,000 Total Positions Budgeted 22,713 The object class Teachers Retirement has been included in the object class Personal Services in this budget unit. B. Budget Unit: Regents Central Office $ 22,928,775 Regents Central Office Budget: Personal Services $ 3,364,625 Operating Expenses $ 636,550 SREB Payments $ 7,137,350 Medical Scholarships $ 526,250 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 6,766,000 Rental Payments to Georgia Military College $ 198,000 Research Consortium $ 3,500,000 Total Funds Budgeted $ 22,928,775 State Funds Budgeted $ 22,928,775 Total Positions Budgeted 100 Authorized Motor Vehicles 0 The expenditure object amounts displayed above represent the budget unit object totals. 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. The object class Teachers Retirement has been included in the object class Personal Services in this budget unit. C. Budget Unit: Georgia Public Telecommunications Commission $ 4,617,721 Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 3,353,763 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 3,705,555 Sponsored Operations $ -0- Total Funds Budgeted $ 7,059,318 Less Agency Funds : Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 2,441,597 State Funds Budgeted $ 4,617,721 Total Positions Budgeted 139 Authorized Motor Vehicles 14 The expenditure object amounts displayed above represent the budget unit object totals.

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Section 35. Department of Revenue . Budget Unit: Department of Revenue $ 44,186,038 Operations Budget: Personal Services $ 27,365,611 Regular Operating Expenses $ 846,751 Travel $ 1,173,794 Motor Vehicle Equipment Purchases $ 149,715 Publications and Printing $ 1,575,068 Equipment Purchases $ 464,247 Computer Charges $ 8,254,424 Real Estate Rentals $ 1,391,149 Telecommunications $ 534,305 Per Diem, Fees and Contracts $ 150,000 County Tax Officials/Retirement and FICA $ 1,162,500 Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tag Purchases $ 1,100,000 Motor Vehicle Decal Purchases $ 338,600 Postage $ 2,094,874 Total Funds Budgeted $ 48,031,038 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 44,186,038 Total Positions Budgeted 1,136 Authorized Motor Vehicles 65 The expenditure object amounts displayed above represent the budget unit object totals. Department of Revenue Functional Budgets Total Funds State Funds Pos. Departmental Administration $ 2,711,198 $ 2,711,198 32 Internal Administration $ 5,330,193 $ 5,330,193 77 Field Services $ 10,604,988 $ 10,514,988 366 Income Tax $ 6,978,451 $ 5,263,219 142 Motor Vehicle $ 11,252,988 $ 9,563,820 248 Motor Fuel Tax $ 1,096,211 $ 1,096,211 36 Central Audit $ 3,924,769 $ 3,924,769 95 Property Tax $ 3,657,393 $ 3,657,393 57 Sales and Use Tax $ 2,421,771 $ 2,071,171 83 Undistributed $ 53,076 $ 53,076 0 Total $ 48,031,038 $ 44,186,038 1,136 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,100,000 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. Section 36. Secretary of State . A. Budget Unit: Secretary of State $ 14,363,861 Personal Services $ 8,992,511 Regular Operating Expenses $ 1,274,142 Travel $ 169,611 Motor Vehicle Equipment Purchases $ 172,952 Publications and Printing $ 312,200 Equipment Purchases $ 86,068 Computer Charges $ 407,360 Real Estate Rentals $ 1,736,969 Telecommunications $ 278,864 Per Diem, Fees and Contracts $ 403,245 Election Expenses $ 400,000 Postage $ 267,439 Total Funds Budgeted $ 14,501,361 State Funds Budgeted $ 14,363,861 Total Positions Budgeted 362 Authorized Motor Vehicles 72 The expenditure object amounts displayed above represent the budget unit object totals. Secretary of State Functional Budgets Total Funds State Funds Pos. Internal Administration $ 1,523,865 $ 1,521,765 41 Archives and Records $ 3,737,344 $ 3,637,344 91 Corporations Regulation $ 1,294,973 $ 1,292,973 47 Elections and Campaign Disclosure $ 968,083 $ 967,683 15 Securities Regulation $ 906,386 $ 900,386 21 Drugs and Narcotics $ 628,652 $ 628,652 15 State Campaign and Financial Disclosure $ 131,369 $ 131,369 3 Occupational Certification $ 5,292,528 $ 5,265,528 129 Undistributed $ 18,161 $ 18,161 0 Total $ 14,501,361 $ 14,363,861 362 Occupational Certification Functional Budgets Board Costs Cost of Operations Accounting $ 103,573 $ 325,753 Architect $ 33,548 $ 106,750 Athletic Trainers $ 738 $ 7,033 Auctioneers $ 1,630 $ 51,735 Barbers $ 7,924 $ 227,321 Chiropractic $ 8,967 $ 69,165 Construction Industry $ 41,780 $ 272,150 Cosmetology $ 21,082 $ 398,827 Dentistry $ 30,131 $ 175,018 Engineers $ 28,719 $ 235,367 Forestry $ 3,380 $ 25,262 Funeral Service $ 12,828 $ 120,531 Geology $ 3,084 $ 18,925 Hearing Aid $ 3,707 $ 32,295 Landscape Architect $ 7,802 $ 22,753 Librarians $ 3,083 $ 16,926 Medical Examiners $ 134,782 $ 837,714 Nursing Home Administrators $ 9,840 $ 26,482 Board of Nursing $ 65,820 $ 589,010 Dispensing Opticians $ 6,460 $ 21,794 Optomerty $ 11,680 $ 35,354 Occupational Therapy $ 1,032 $ 7,159 Pharmacy $ 60,090 $ 347,318 Physical Therapy $ 9,321 $ 29,034 Podiatry $ 3,430 $ 14,887 Polygraph Examiners $ 1,830 $ 22,088 Practical Nursing $ 64,496 $ 418,501 Private Detective $ 26,200 $ 215,737 Psychologists $ 14,686 $ 61,606 Recreation $ 2,080 $ 13,860 Sanitarian $ 4,375 $ 19,803 Speech Pathology $ 2,243 $ 16,465 Used Car Dealers $ 11,240 $ 173,417 Used Car Parts $ 3,770 $ 49,718 Veterinary $ 21,255 $ 78,549 Wastewater $ 5,525 $ 62,219 Well Water $ 4,360 $ 20,684 Total $ 776,491 $ 5,167,210 B. Budget Unit: Real Estate Commission $ 996,839 Real Estate Commission Budget: Personal Services $ 616,273 Regular Operating Expenses $ 108,380 Travel $ 12,500 Motor Vehicle Equipment Purchases $ 27,000 Publications and Printing $ 26,000 Equipment Purchases $ 5,150 Computer Charges $ 71,288 Real Estate Rentals $ 33,248 Telecommunications $ 18,000 Per Diem, Fees and Contracts $ 80,000 Total Funds Budgeted $ 997,839 State Funds Budgeted $ 996,839 Total Positions Budgeted 28 Authorized Motor Vehicles 12 The expenditure object amounts displayed above represent the budget unit object totals. Real Estate Commission Functional Budget State Funds Cost of Operations Pos. Real Estate Commission $ 996,839 $ 1,037,789 28 Section 37. Georgia Student Finance Commission . Budget Unit: Georgia Student Finance Commission $ 16,375,250 Administration Budget: Personal Services $ 2,416,303 Regular Operating Expenses $ 186,031 Travel $ 52,000 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ 60,000 Equipment Purchases $ 29,500 Computer Charges $ 335,069 Telecommunications $ 79,265 Per Diem, Fees and Contracts $ 37,500 Payment of Interest and Fees $ 525,000 Guaranteed Educational Loans $ 3,113,550 Tuition Equalization Grants $ 10,567,380 Student Incentive Grants $ 4,215,900 Law Enforcement Personnel Dependents' Grants $ 38,000 North Georgia College ROTC Grants $ 142,500 Osteopathic Medical Loans $ 120,000 Georgia Military Scholarship Grants $ 118,600 Academic Scholarships $ 50,000 Total Funds Budgeted $ 22,095,598 State Funds Budgeted $ 16,375,250 Total Positions Budgeted 97 Authorized Motor Vehicles 1 The expenditure object amounts displayed above represent the budget unit object totals. Georgia Student Finance Commission Functional Budgets Total Funds State Funds Pos. Internal Administration $ 3,204,668 $ -0- 97 Higher Education Assistance Corporation $ 525,000 $ 350,000 0 Georgia Student Finance Authority $ 18,365,930 $ 16,025,250 0 Total $ 22,095,598 $ 16,375,250 97 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. Designated Totals for Guaranteed Educational Loans: (Cancellable loans) A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000

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B) Eligible members of the Georgia National Guard: Not to exceed $100,000 C) Teachers seeking special education training: Not to exceed $225,000 D) Students who are to become agricultural teachers: Not to exceed $30,000 E) Students who are to become mathematics or science teachers: Not to exceed $300,000 Provided, that the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $725 per academic year, and for payment of grants for the summer school quarter or semester, to undergraduate students attending colleges as provided for in Code Sections 20-3-410 through 20-3-416. Provided, that with the above appropriated amount relative to academic scholarships, the Georgia Student Finance Authority is authorized to establish a new scholarship program during F.Y. 1985 which provides for recognition of academically outstanding junior and senior level students in high schools located in Georgia, and further, to the extent that funds are appropriated herein for academic scholarships, to award scholarships of $500 each per academic year of study to graduating seniors selected in accordance with procedures and criteria established by the Authority for attendance at institutions of higher education located in Georgia. Section 38. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 813,078 Soil and Water Conservation Central Office Budget: Personal Services $ 516,415 Regular Operating Expenses $ 50,780 Travel $ 47,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,425 Equipment Purchases $ 4,226 Computer Charges $ 700 Real Estate Rentals $ 31,423 Telecommunications $ 13,973 Per Diem, Fees and Contracts $ 133,336 Total Funds Budgeted $ 813,078 State Funds Budgeted $ 813,078 Total Positions Budgeted 13 Authorized Motor Vehicles 1 The expenditure object amounts displayed above represent the budget unit object totals. Section 39. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 9,638,000 Departmental Operations Budget: Personal Services $ 1,757,080 Regular Operating Expenses $ 68,794 Travel $ 22,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,000 Equipment Purchases $ 10,420 Computer Charges $ 502,184 Real Estate Rentals $ 185,115 Telecommunications $ 57,160 Per Diem, Fees and Contracts $ 208,500 Postage $ 80,000 Post-Retirement Benefit Adjustment $ 7,100,000 Cost-of-Living Increases for Local Retirement System Members $ 1,320,000 Floor Fund for Local Retirement Systems $ 1,218,000 Total Funds Budgeted $ 12,579,503 State Funds Budgeted $ 9,638,000 Total Positions Budgeted 67 Authorized Motor Vehicles 1 The expenditure object amounts displayed above represent the budget unit object totals. Section 40. Department of Transportation . Budget Unit: Department of Transportation $ 412,217,504 1. Planning and Construction Budget: Personal Services $ 71,742,911 Regular Operating Expenses $ 4,784,460 Travel $ 1,083,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 204,254 Equipment Purchases $ 55,300 Computer Charges $ -0- Real Estate Rentals $ 28,295 Telecommunications $ 1,050,044 Per Diem, Fees and Contracts $ 5,432,215 Capital Outlay $ 432,200,965 Geodetic Control $ 329,196 Total Funds Budgeted $ 516,911,440 State Funds Budgeted $ 197,447,222 Total Positions Budgeted 3,006 2. Maintenance and Betterments Budget: Personal Services $ 63,215,609 Regular Operating Expenses $ 38,806,433 Travel $ 369,580 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 810 Telecommunications $ 180,000 Per Diem, Fees and Contracts $ 1,039,175 Capital Outlay $ 50,150,000 As authorized in the amended General Appropriations Act for State Fiscal Year 1981, $208,500,000 in principal amount of General Obligation bonds were sold for advance construction of the Interstate System. Debt service on these bonds is being provided from General Fund Appropriations or Federal Interstate payback funds and $187,650,000 (90%) is to be repaid to the State from Federal Interstate Funds. $24,748,573 has been repaid leaving a balance due of $162,901,427. A $38,000,000 payment shall be applied during the State Fiscal year 1985 to the $162,901,427 balance due leaving a principal balance due of $124,901,427 to be repaid to the State on bonds that have been issued for advance construction of the Interstate System. Debt Service on the new $38 million bond issue for advance construction of the Interstate System shall also be provided from the General Fund or Federal Interstate payback funds. Federal Interstate Funds amounting to 90% of the total bond issue shall be repaid to the State from future Federal Interstate apportionments. This repayment shall be in addition to the balance due on bonds that have already been issued for advance construction of the Interstate System. It is understood by the General Assembly that the amount to be repaid to the State by the Department of Transportation in any form shall be limited to the amount received from the Federal Government arising from Federal participation on the Interstate Advance Construction Projects. 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 $ 329,196 Capital Outlay - Paving State and Local Schools and State Institutions $ 750,000 Capital Outlay - 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 $ 6,317,000 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 $ 539,180 Regular Operating Expenses $ 510,924 Travel $ 11,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ 388,000 Computer Charges $ -0- Real Estate Rentals $ 1 Telecommunications $ 6,373 Per Diem, Fees and Contracts $ 400 Capital Outlay $ -0- Total Funds Budgeted $ 1,456,978 State Funds Budgeted $ 1,031,978 Total Positions Budgeted 16 8. Inter-Modal Transfer Facilities Budget: Personal Services $ 728,360 Regular Operating Expenses $ 44,537 Travel $ 13,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,100 Equipment Purchases $ 1,389 Computer Charges $ -0- Real Estate Rentals $ 1 Telecommunications $ 21,276 Per Diem, Fees and Contracts $ 611,800 Capital Outlay - Airport Development $ 700,000 Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 150,000 Mass Transit Grants $ 4,748,688 Total Funds Budgeted $ 8,042,651 State Funds Budgeted $ 3,489,330 Total Positions Budgeted 22 9. Harbor Maintenance Budget: Harbor Maintenance Payments $ 400,000 Spoilage Area Acquisition Clearing and Preparation $ -0- Total Funds Budgeted $ 400,000 State Funds Budgeted $ 400,000 Budget Unit Object Classes : Personal Services $ 146,134,411 Regular Operating Expenses $ 45,106,354 Travel $ 1,588,280 Motor Vehicle Equipment Purchases $ 1,000,000 Publications and Printing $ 808,054 Equipment Purchases $ 2,684,676 Computer Charges $ 460,800 Real Estate Rentals $ 1,085,316 Telecommunications $ 1,557,925 Per Diem, Fees and Contracts $ 7,318,487 Captial Outlay $ 482,404,480 Mass Transit Grants $ 4,748,688 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 400,000 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 24,452,289 Capital Outlay - Airport Development $ 700,000 State of Georgia General Obligation Debt Sinking Fund $ 36,645,856 Captial Outlay - Airport Operational Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 150,000 Geodetic Control $ 329,196 Spoilage Area Acquisition Clearing and Preparation $ -0- Toral 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 $400,000 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 41. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 13,141,349 Departmental Operations Budget: Personal Services $ 3,488,891 Regular Operating Expenses $ 47,027 Travel $ 84,000 Motor Vehicle Equipment Purchases $ 14,000 Publications and Printing $ 20,000 Equipment Purchases $ 63,149 Computer Charges $ -0- Real Estate Rentals $ 191,204 Telecommunications $ 54,906 Per Diem, Fees and Contracts $ 7,140 Capital Outlay $ -0- Postage $ 31,900 Operating Expense/Payments to Central State Hospital $ 8,398,283 Operating Expense/Payments to Medical College of Georgia $ 3,804,576 Regular Operating Expenses for Projects and Insurance $ 29,092 Total Funds Budgeted $ 16,234,168 State Funds Budgeted $ 13,141,349 Total Positions Budgeted 142 Authorized Motor Vehicles 1 The expenditure object amounts displayed above represent the budget unit object totals. Veterans Service Functional Budgets Total Funds State Funds Pos. Veterans Assitance $ 3,950,873 $ 3,700,369 142 Veterans Home and Nursing Facility - Milledgeville $ 8,443,130 $ 6,706,422 0 Veterans Nursing Home - Augusta $ 3,838,110 $ 2,732,503 0 Undistributed $ 2,055 $ 2,055 0 Total $ 16,234,168 $ 13,141,349 142 Section 42. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 4,840,610 Operations Budget: Personal Services $ 3,873,162 Regular Operating Expenses $ 87,709 Travel $ 53,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 39,600 Equipment Purchases $ 7,250 Computer Charges $ 171,688 Real Estate Rentals $ 433,539 Telecommunications $ 87,262 Per Diem, Fees and Contracts $ 50,400 Postage $ 61,500 Total Funds Budgeted $ 4,865,610 State Funds Budgeted $ 4,840,610 Total Positions Budgeted 144 Authorized Motor Vehicles 1 The expenditure object amounts displayed above represent the budget unit object totals. Workers' Compensation Board Functional Budgets Total Funds State Funds Pos. Administration $ 4,444,088 $ 4,419,088 129 Vocational Rehabilitation $ 412,647 $ 412,647 15 Undistributed $ 8,875 $ 8,875 0 Total $ 4,865,610 $ 4,840,610 144 Section 43. State of Georgia General Obligation Debt Sinking Fund . A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 89,113,666 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 32,720,975 Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $625,000 is specifically appropriated for the purpose of financing the construction and equipping of the Georgia Public Safety Training Academy in Monroe County, Georgia through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,942,400 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 $24,520,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $9,622,275 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia, which will consist of the construction, reconstruction and equipping of school buildings and facilities, including vocational education comprehensive high schools, through the issuance of not more than $80,190,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $820,300 is specifically appropriated for the purpose of financing the acquisition, diking and clearing of land for the deposit of spoilage in connection with harbor maintenance by the Department of Transportation through the issuance of not more than $3,155,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,300,000 is specifically appropriated for the purpose of financing the renovation of an Office Building in Fulton County, Georgia through the issuance of not more than $9,200,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,200,000 is specifically appropriated for the purpose of financing improvements consisting of resurfacing and rehabilitation of roads 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, $7,500,000 is specifically appropriated for the purpose of financing the construction of water and sewer projects through the issuance of not more than $30,000,000 in General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,751,000 is specifically appropriated for the purpose of financing the renovation, construction, reconstruction and equipping of buildings and facilities under the control of the State Board of Regents of the University System through the issuance of not more than $22,925,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,560,000 is specifically appropriated for the purpose of financing the advance construction of the Interstate Highway System through the issuance of not more than $38,000,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $400,000 is specifically appropriated for the purpose of financing renovations at Central State Hospital in Baldwin County, Georgia through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt. Section 44 . Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds in the amount of $157,389,336 for the purpose of providing for an increase of 4% with a minimum of $360 per annum for full-time employees of the executive, judicial and legislative branches of government effective July 1, 1984; for 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, except that no cost of living increases are provided for officials and employees provided for in H.B. 1150 and H.B. 1038 of the 1984 Regular Session of the Georgia General Assembly, effective July 1, 1984; for an increase of 3% 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 after completion of one year of experience and permanent certification effective the following month, effective September 1, 1984; for an increase of an additional 7% for those individuals who are working and certificated in the teaching areas for the major portion of the day, media specialists and counsellors for a total salary increase of 10%, effective September 1, 1984; for certificated personnel having 18 or more years of creditable service, the addition of an 18th 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, 1984; for an increase of 3% for school bus drivers and lunchroom workers effective, July 1, 1984; for an increase of 1.5% in benefits for retired members of the Employees Retirement System on each of the following dates: July 1, 1984 and January 1, 1985; for an increase of 3% for University System employees, effective September 1, 1984, for academic contracted personnel and for an increase of 3% effective July 1, 1984 for non-academic personnel, 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 Station; for the addition of an L-4 step to the State Merit System Compensation schedule; effective July 1, 1984. Section 45 . In addition to all other appropriations for the State fiscal year ending June 30, 1985 there is hereby appropriated $3,000,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $8,024,103 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 ($7,849,103 - 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 46 . 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 47 . 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 48 . It is the intent of this General Assembly that each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost-effective motor vehicles suitable for the purpose and 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 State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner. The State auditor shall make the utilization of State motor vehicles a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly. Section 49 . 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 50 . It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act. Section 51 . In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 52 . No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds. Section 53. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services 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 54 . In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the 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 55 . All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1984 regular session, as amended by the Governor's Amended Budget Report, 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 56 . Wherever in this Act the term Budget Unit Object Classes is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report. Section 57 . 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 58. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 59 . The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 60. It is the intent of this General Assembly that cost-of-living increases effective July 1, 1984 and January 1, 1985 for retirees in the Employees Retirement System and for retirees in the Teachers Retirement System be limited to a maximum of $25.00 per month per retiree. In the event the Governor determines that the cost-of-living increases for retirees in either system cannot legally be so limited, this $25.00 per month limitation shall not apply to either system. Section 61 . TOTAL STATE FUND APPROPRIATIONS State F.Y. 1985 $4,302,000,000. Section 62 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 63 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1984. INCOME TAXESCERTAIN PORTION OF PAYMENTS TO MINORITY SUBCONTRACTORS EXCLUDED FROM NET INCOME. Code Title 48, Chapter 7 Amended. No. 1322 (House Bill No. 635). AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that Georgia taxable net income of corporations, partnerships, and individuals shall not include a certain portion of payments made to certain minority subcontractors by taxpayers who are parties to state contracts; to provide for all related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by adding at the end of subsection (b) of Code Section 48-7-21, relating to Georgia taxable net income of corporations, a new paragraph (12) to read as follows: (12) There shall be subtracted from taxable income a portion of qualified payments to minority subcontractors, as provided in Code Section 48-7-38.

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Section 2 . Said article is further amended by replacing the period at the end of paragraph (5) of subsection (a) of Code Section 48-7-27, relating to Georgia taxable net income of individuals, with a semicolon and by adding thereafter a new paragraph (6) of subsection (a) to read as follows: (6) A portion of the qualified payments to minority subcontractors, as provided in Code Section 48-7-38. Section 3 . Said article is further amended by adding a new Code Section 48-7-38 to read as follows: 48-7-38. (a) As used in this Code section, the term: (1) `Member of a minority' means an individual who is a member of a race which comprises less than 50 percent of the total population of the state. (2) `Minority subcontractor' means any business which is owned by: (A) An individual who is a member of a minority who reports as his personal income for Georgia income tax purposes the income of such business; (B) A partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the income of the partnership; or (C) A corporation organized under the laws of this state in which a majority of the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the distributed earnings of the corporation. (3) `State contract' means a contract for the purchase by the state of good, property, or services or for the construction of any building or structure for the state, which contract is executed by any department, board, bureau, commission, or agency of state government, by any state authority, or by any officer, official, employee, or agent of any of the foregoing.

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(b) In computing Georgia taxable net income of a corporation, partnership, or individual, there shall be subtracted from federal taxable income or federal adjusted gross income 10 percent of the amount of qualified payments to minority subcontractors. A payment to a minority subcontractor shall be a qualified payment if: (1) The payment is for goods, personal property, or services furnished by the minority subcontractor to the taxpayer and delivered by the taxpayer to the state in furtherance of a state contract to which the taxpayer is a party; and the payment does not exceed the value of the goods, property, or services to the taxpayer; (2) The payment is made during the taxable year for which the subtraction from federal taxable income or federal adjusted gross income is claimed; and (3) The payment is made to a subcontractor who at the time of the payment is certified as a minority contractor pursuant to subsection (d) of this Code section. (c) The total amount which may be subtracted under this Code section from federal taxable income or federal adjusted gross income of any taxpayer shall be limited to $100,000.00 per taxable year. (d) The commissioner of administrative services shall certify individuals, partnerships, and corporations which are within the definition of the term `minority subcontractor' specified in subsection (a) of this Code section. The department may disclose to the commissioner of administrative services the income tax returns of taxpayers applying for certification as minority subcontractors. The commissioner of administrative services shall maintain and periodically revise a list of certified minority subcontractors and shall make such list available to the department and to the general public. Section 4 . This Act shall become effective January 1, 1985, and shall apply to taxable years beginning on or after January 1, 1985. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1984.

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PUBLIC ASSISTANCESUPPLEMENTATION FOR PRIVATE ROOMS IN NURSING HOMES ALLOWED. Code Section 49-4-142 Amended. No. 1323 (House Bill No. 1235). AN ACT To amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the Department of Medical Assistance and the state plan for medical assistance, so as to direct the Department of Medical Assistance and the Department of Human Resources to modify the state plan and any relevant rules and regulations so as to allow supplementation for private rooms and private sitters for recipients in nursing homes; to provide for all matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the Department of Medical Assistance and the state plan for medical assistance, is amended by designating the existing text of the Code section as subsection (a) and by adding thereafter a new subsection (b) to read as follows: (b) The department shall, not later than January 1, 1985, implement a modification of the state plan for medical assistance and any affected rules or regulations of the department, which modification will allow supplementation by relatives or other persons for a private room or private sitter or both for a recipient of medical assistance in a nursing home. The Department of Human Resources shall likewise modify any affected rules and regulations of the Department of Human Resources. Such modification of the state plan for medical assistance and rules and regulations: (1) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a nursing home shall not be considered as income when determining the amount of patient liability toward vendor payments, provided,

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however, that the department's entitlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan; (2) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not constitute discrimination against other recipients; (3) Shall provide that no recipient who is transferred to or admitted to a private room because of a shortage of beds in semiprivate rooms shall be discharged because the recipient does not have a relative or other person who is willing and able to provide supplementation; and (4) May provide that no provider of medical assistance shall charge for private rooms in excess of rates which are charged to private paid patients. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1984. STATE GOVERNMENTMANAGERIAL CONTROL OVER ACQUISITION OF CERTAIN PROFESSIONAL SERVICES. Code Title 50, Chapter 22 Enacted. No. 1324 (House Bill No. 1326). AN ACT To amend Title 50 of the Official Code of Georgia Annotated,

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relating to state government, so as to provide managerial control by the state over the acquisition of professional services provided by architects, professional engineers, landscape architects, and land surveyors; to provide for purpose; to define certain terms; to provide for professional services listings; to provide procedures for the selection of a person to perform professional services; to provide for negotiation of professional services contracts under certain circumstances; to provide a prohibition against contingent fees; to provide for termination of contracts; to provide public notice for projects which require professional services; to provide for prior existing design plans; to provide certain exemptions; to provide for applicability with respect to other laws; to provide for rules and regulations; to provide for the waiver of certain requirements under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end thereof a new Chapter 22 to read as follows: CHAPTER 22 50-22-1. The purpose of this chapter is to provide managerial control by the state over the acquisition of the professional services provided by architects, professional engineers, landscape architects, and land surveyors. It is declared to be the policy of this state to announce publicly requirements for such professional services, to encourage all qualified persons to put themselves in a position to be considered for a contract, and to enter into contracts for such professional services on the basis of demonstrated competence and qualification for the types of professional services required at fair and reasonable fees. 50-22-2. As used in this chapter, the term: (1) `Agency' means every state department, agency, board, bureau, commission, and authority, unless otherwise exempted under the provisions of subsection (b) of Code Section 50-22-7.

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(2) `Person' means an individual, a corporation, a partnership, a business trust, an association, a firm, or any other legal entity. (3) `Principal representative' means the governing board of a state agency or the executive head of a state agency who is authorized to contract for the agency for professional services. (4) `Professional services' means those services within the scope of the following: (A) The practice of architecture, as defined in paragraph (3) of Code Section 43-4-1; (B) The practice of professional engineering, as defined in paragraph (11) of Code Section 43-15-2; (C) The practice of land surveying, as defined in paragraph (6) of Code Section 43-15-2; or (D) The practice of landscape architecture, as defined in paragraph (3) of Code Section 43-23-1. (5) `Project' means any activity requiring professional services estimated by the state agency to have a cost in excess of $250,000.00 or to have a fee for professional services in excess of $15,000.00. 50-22-3. Public notice shall be required for each proposed project which requires professional services. Such public notice shall be given at least 21 days prior to the selection of the three or more most highly qualified persons by the principal representative or his designee pursuant to subsection (b) of Code Section 50-22-4. Such public notice shall be given by publication two times in one or more daily newspapers of general circulation in this state, shall contain a general description of the proposed project, and shall indicate what selection method shall be used and the procedure by which interested persons may apply for consideration for the contract. 50-22-4. (a) Any person desiring to provide professional services to a state agency shall submit to the agency a statement of qualifications and performance date and such other information as may be required by the agency. The agency may request such person

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to update such statement periodically in order to reflect changed conditions in the status of such person. (b) For each proposed project for which professional services are required, the principal representative or his designee of the state agency for which the project is to be done shall evaluate statements of qualifications and performance data as required in the public notice provided for in Code Section 50-22-3 and shall conduct discussions with not less than three persons regarding their qualifications, approaches to the project, abilities to furnish the required professional services, anticipated design concepts, and use of alternative methods of approach for furnishing the required professional services. The principal representative or his designee shall then select not less than three nor more than eight persons deemed to be most highly qualified to perform the required professional services after considering, and based upon, such factors as the ability of professional personnel, past performance, willingness to meet time requirements, project location, office location, the professional's current and projected workloads, the professional's approach, quality control procedures, the volume of work previously awarded to the person by the state agency, and the extent to which said persons have and will involve minority subcontractors, with the object of effecting an equitable distribution of contracts among qualified persons as long as such distribution does not violate the principle of selection of the most highly qualified person. In selection, as mentioned in this Code section, persons who maintain an office in Georgia shall be given preference when qualifications appear to be equal. 50-22-5. (a) After selecting not less than three nor more than eight persons deemed to be the most highly qualified to perform the required professional services, the principal representative or his designee shall then send a notice in writing to each person so selected defining the scope of the required professional services and then shall select a person to provide the professional services based upon additional factors such as the cost of providing the professional services and other factors as the agency deems appropriate or as required by law; provided, however, that, if the agency selects the person to provide professional services through contract negotiations, the provisions of Code Section 50-22-6 shall apply. (b) In cases where Code Section 50-22-6 is not applicable, such additional factors to be considered shall be available to interested persons at the time of the public notice provided for in Code Section

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50-22-3 and shall be presented in writing to any person selected for consideration of the project pursuant to Code Section 50-22-4. 50-22-6. (a) In cases where the agency shall select the person to provide the professional services through contract negotiations, the principal representative or his designee shall rank in order not less than three nor more than eight persons deemed most qualified to perform such professional services. The principal representative or his designee shall then negotiate a contract with the highest qualified person providing professional services for such services at compensation which the principal representative or his designee determines in writing to be fair and reasonable. In making such decision, the principal representative or his designee shall take into account the estimated value of the services to be rendered and the scope, complexity, and professional nature thereof. (b) If the principal representative or his designee is unable to negotiate a satisfactory contract with the person considered to be the most qualified at a price the principal representative determines to be fair and reasonable, negotiations with that person shall be formally terminated. The principal representative or his designee shall then undertake negotiations with the second most qualified person. If the principal representative or his designee fails to negotiate a contract with the second most qualified person, the principal representative or his designee shall formally terminate such negotiations. The principal representative or his designee shall then undertake negotiations with the third most qualified person. (c) If the principal representative or his designee is unable to negotiate a satisfactory contract with any of the selected persons, the principal representative or his designee shall either select additional persons in order of their competence and qualifications and continue negotiations in accordance with this Code section until a contract is reached or review the contract under negotiation to determine the possible cause for failure to achieve a negotiated contract. (d) Each contract for professional services entered into by the principal representative shall contain a prohibition against contingent fees as follows: the architect, registered land surveyor, professional engineer, or landscape architect, as applicable, warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this contract and that he has not paid or agreed to pay any person,

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company, corporation, individual, or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or the making of this contract. (e) Upon any violation of this Code section, the principal representative shall have the right to terminate the contract without liability and, at his discretion, to deduct from the contract price or recover otherwise the full amount of such fee, commission, percentage, or consideration. 50-22-7. (a) Notwithstanding any other provisions of this chapter, there shall be no public notice requirement or utilization of the selection process as provided for in this chapter for projects in which the state agency is able to reuse existing drawings, specifications, designs, or other documents from a prior project by retention of the person who provided the professional services and who prepared the original documents. (b) Notwithstanding any other provisions of this chapter, the Board of Regents and University System of Georgia shall be exempt from the provisions of this chapter. (c) The provisions of Code Section 50-6-25, relating to the eligibility of architectural and engineering firms to do business with the state, shall not be affected or superseded by the provisions of this chapter. 50-22-8. A state agency shall be authorized to promulgate rules and regulations to carry out the provisions of this chapter. 50-22-9. In an emergency situation, agencies may waive all the requirements of this chapter and select by the most expeditious means possible the person to provide the professional services. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1984.

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HEALTHHOSPITAL EQUIPMENT FINANCING AUTHORITY ACT. Code Title 31, Chapter 7 Amended. No. 1325 (Senate Bill No. 395). 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 facilities, so as to create the Hospital Equipment Financing Authority; to provide for definitions; to provide for members of the authority and their appointment by the governor; to provide for qualifications and terms of office of members of the authority; to provide for filling vacancies; to provide for officers; to provide for a quorum; to provide for meetings; to authorize the authority to contract with any entity to provide administrative staff or clerical services including the functions of the executive director; to provide for the duties of the executive director; to authorize the members of the authority to delegate certain administrative duties to such administrative entity; to provide that members of the authority may abstain from participating in certain discussions, deliberations, actions, and voting without violating any civil or criminal law under certain conditions; to provide for disclosure of certain transactions; to prohibit participation by members of the authority in certain actions; to provide that certain contracts or transactions may not be considered void voidable; to provide that officers or employees of the state may not be required to vacate their office or employment under certain conditions; to provide that the executive director shall execute a surety bond unless he is already bonded; to authorize the chairman of the authority to execute a blanket surety bond covering each member, the executive director, and the employees or other officers of the authority; to provide for the powers of the authority; to provide that no part of the revenue or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons; to provide that net earnings of the authority shall inure to the benefit of the state; to provide for the disposition of all rights and properties of the authority upon termination or dissolution; to provide for competitive bidding; to provide for additional powers; to provide for the issuance, sale, and delivery of bonds by the authority and the procedures connected therewith; to provide that

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bonds issued by the authority shall not be deemed to constitute a debt or pledge of the faith and credit of the state or any political subdivision thereof; to declare that the creation of the authority and the carrying out of its corporate purposes is a public purpose; to provide that the state shall covenant with the holders of the bonds and any interest coupons appertaining thereto that the authority shall not be required to pay taxes; to provide for certain rights for bondholders; to provide for the expenditure of funds received by the authority; to authorize the authority to hold title in any project financed by the authority; to provide for the legal situs or residence of the authority; to provide for the submission of annual reports by the authority; to provide for construction; to provide for rules and regulations; to provide for 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 . 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 a new Article 10 at the end thereof to read as follows: ARTICLE 10 31-7-190. This article may be cited as the `Hospital Equipment Financing Authority Act.' 31-7-191. The purpose of this article shall be to provide a mechanism through which hospitals may finance health equipment at lower than prevailing costs and to make this mechanism available to the largest number of hospitals feasible, including, but not limited to, those hospitals which serve disproportionately high numbers of indigent patients. 31-7-192. As used in this article, the term: (1) `Authority' means the Hospital Equipment Financing 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.

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(2) `Bond,' `bonds,' or `revenue bonds' means revenue bonds, refunding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this article, notwithstanding that such bonds may be secured by a mortgage or the full faith and credit of a participating health facility or any other lawfully pledged security of a health facility. (3) `Cost' as applied to a project or any portion thereof financed under this article includes: (A) The cost and the incidental and related costs of the acquisition, repair, restoration, reconditioning, refinancing, or installation of health equipment; (B) The cost of any property interest in health equipment, including an option to purchase a leasehold interest; (C) The cost of architectural, engineering, legal, trustee, underwriting, and related services; the cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and of revenue; and all other expenses necessary or incident to planning, providing, or determining the need for or the feasibility and practicability of health equipment; (D) The cost of financing charges, including premiums or prepayment penalties and interest accrued before the acquisition and installation or refinancing of such health equipment for up to three years after such acquisition and installation or refinancing and costs related to health equipment for up to three years after such acquisition and installation or refinancing; (E) The costs paid or incurred in connection with the financing of health equipment, including out-of-pocket expenses, the cost of any policy of insurance, the cost of printing, engraving, and reproduction services, and the cost of the initial or acceptance fee of any trustee or paying agent; (F) The costs of the authority incurred in connection with providing health equipment, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing health equipment; and

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(G) The costs paid or incurred for the administration of any program for the purchase or lease of or the making of loans for health equipment by the authority and any program for the sale or lease of or making of loans for health equipment to any participating provider. (4) `Health equipment' means any fixture or personal property which is determined by the authority to be necessary or helpful for medical care, research, training, or teaching in Georgia, regardless of whether such property is in existence at the time of, or is to be provided after the making of, such finding. (5) `Health facility' means any health care facility licensed by the department under Article 1 of this chapter as a hospital which is owned or operated by a participating provider and which is utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel. (6) `Participating provider' means a person, corporation, municipal corporation, political subdivision, or other entity, public or private, which owns or operates a health facility and which contracts under this chapter with the authority for the financing or refinancing of, or the lease or other acquisition of, health equipment. 31-7-193. (a) There is created, with such duties and powers as are set forth in this chpater, a public body corporate and politic, not a state agency but an instrumentality of purely public charity performing an essential governmental function, to be known as the Hospital Equipment Financing Authority. (b) The authority shall be governed by five members appointed by the Governor, including: (1) At least one trustee, director, officer, or employee of a health facility or an association of health facilities; (2) At least one person who has experience in the field of state and municipal finance either as a partner, officer, or employee of an investment banking firm which originates and purchases state and municipal securities or as an officer or employee of an insurance company or bank whose duties relate to the purchase of state and municipal securities as an investment

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and to the management and control of a state and municipal securities portfolio; and (3) At least one person who has experience in the hospital building construction field or the hospital equipment field. (c) All members must be Georgia residents. (d) Two of the members appointed in 1984 shall be appointed for a term expiring January 1, 1986; two shall be appointed for a term expiring January 1, 1988; and one shall be appointed for a term expiring January 1, 1990. Thereafter, each member shall be appointed for a six-year term. Vacancies in the membership of the authority shall be filled for the unexpired term by appointed by the Governor. Each member shall hold office for the term of his appointment and until his successor shall have been appointed and qualified. Members may be reappointed. Any member may be removed from office by the Governor for incompetency, neglect of duty, or malfeasance in office. (e) The members shall elect a chairman, a vice chairman, and other officers. The members may not be compensated for their services but they shall be reimbursed for their actual and necessary expenses as determined by the authority. (f) A majority of the members of the authority constitutes a quorum for the transaction of business. The vote of at least a majority of the members present at any meeting at which a quorum is present and who are not disqualified from voting under subsection (k) of this Code section is necessary for any action to be taken by the authority. No vacancy in the membership of the authority impairs the right of a quorum to exercise all rights and perform all duties of the authority. (g) Meetings of the members of the authority shall be held at the call of the chairman or whenever any two members so request. The members shall meet at least once every year. (h) The authority shall contract with an entity to provide an administrative staff and clerical services and to manage the routine affairs of the authority, including the originating and processing of any applications from participating providers for the lease or purchase from the authority, or financing, reimbursing, or refinancing by

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the authority, of health equipment and to service the leases, installment purchase contracts, and loan agreements between the authority and the participating providers. The administrative staff shall include an executive director who shall serve as the ex officio secretary of the authority. The executive director may be an employee of such entity. The executive director shall approve all accounts for salaries, allowable expenses of the authority or of any employee of the entity or consultant of the authority, and expenses incidental to the operation of the authority. (i) The executive director shall attend the meetings of the members of the authority, shall keep a record of the proceedings of the authority, and shall maintain all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. He may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates. If the executive director is unable to attend a meeting of the members of the authority, the members of the authority shall designate a member of the authority or an employee of the entity referred to in subsection (i) of this Code section as the person responsible for carrying out the duties set out in subsections (h) and (i) of this Code section. (1) Notwithstanding any other law or judicial decision to the contrary, a member of the authority does not violate any law, civil or criminal, if: (A) He is qualified under paragraph (1) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting of the authority with respect to any undertaking under this article in which the participating provider with which that person is affiliated has a pecuniary interest at the time of such discussion, deliberation, action, or vote; (B) He is qualified under paragraph (2) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting with the authority with respect to any sale, purchase, or ownership of bonds of the authority in which the investment banking firm, or insurance company, or bank of which the member is a partner, shareholder, officer, or employee has a pecuniary interest at the time of such discussion, action, or vote;

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(C) He is qualified under paragraph (3) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting with the authority with respect to the installation or acquisition of any health equipment of the authority in which any partnership, firm, joint venture, sole proprietorship, or corporation of which such person is an owner, venturer, participant, partner, shareholder, officer, or employee has a pecuniary interest at the time of such discussion, deliberation, action, or vote; or (D) Any member or employee of the authority: (i) Who has, or to his knowledge, may have, or later may acquire a direct or indirect pecuniary interest in any transaction with the authority; or (ii) Who is an officer, member, director, or employee of or has an ownership interest in any firm or corporation interested directly or indirectly in any transaction with the authority immediately discloses the nature and extent of the interest in writing to the authority as soon as he has knowledge of the interest. This disclosure shall be entered upon the minutes of the authority. Upon this disclosure, the member or employee may not participate in any action by the authority authorizing such transaction. (2) Notwithstanding any provisions of this Code section or any other law, a contract or transaction may not be considered void or voidable because of the presence of an interest described in this Code section if the provisions of this Code section have been satisfied. (k) Notwithstanding the provisions of any other law, an officer or employee of the state may not be required to vacate his office or employment solely because he is a member of the authority or has provided services to the authority. (l) Before the issuance of any bonds under this article, the executive director of the authority shall execute a surety bond in the penal sum of $50,000.00. If the executive director of the authority is already covered by a bond required by state law, the executive

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director need not obtain another bond if the bond required by state law is in at least the penal sum specified in this Code section and covers the executive director's activities for the authority. In lieu of this bond, the chairman of the authority may execute a blanket surety bond covering each member, the executive director, and the employees, agents, or other officers of the authority. At all time after the issuance of any surety bonds, these surety bonds shall be maintained in full force and effect. All costs of the surety bonds shall be borne by the authority. 31-7-194. (a) The authority has all powers necessary to carry out and effectuate its public and corporate purposes, including but not limited to the following: (1) To have perpetual succession as a public body corporate and politic and an independent public instrumentality exercising essential public functions; (2) To adopt, amend, and repeal bylaws and rules consistent with this article to regulate its affairs, to carry into effect the powers and purposes of the authority and conduct its business; (3) To sue and be sued in its own name; (4) To have an official seal; (5) To maintain an office in Georgia; (6) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this article; (7) To employ architects, engineers, independent legal counsel, inspectors, accountants, and health care and financial experts and such other advisers, consultants, and agents as may be necessary in its judgment without the approval of or consent by any other state official and to fix their compensation; (8) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as it considers advisable, including the power to pay premiums on any such insurance;

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(9) To procure insurance or gurantees from any public or private entities, including any department, agency, or instrumentality of the United States, to secure payment: (A) On a loan, lease, or purchase payment owed by a participating provider to the authority; and (B) Of any bonds issued by the authority, including the power to pay premiums on any such insurance or guarantee; (10) To procure letters of credit or other credit facilities or agreements from any national or state banking association or other entity authorized to issue a letter of credit or other credit facilities or agreements to secure the payment of any bonds issued by the authority or to secure the payment of any loan, lease, or purchase payment owed by a participating provider to the authority, including the power to pay the cost of obtaining such letter of credit or other credit facilities or agreements; (11) To receive and accept from any source any money, property, or thing of value to be held, used, and applied to carry out the purpose of this article, subject to the conditions upon which the grants or contributions are made, including gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with this article; (12) To provide, or cause to be provided by a participating provider, by acquisition, lease, fabrication, repair, restoration, reconditioning, refinancing, or installation of health equipment to be located within a health facility in Georgia; (13) To lease as lessor any item of health equipment for such rentals and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (14) To sell by installment or otherwise to sell by option or contract for sale and to convey all or any part of any item of health equipment for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (15) To make contracts and incur liabilities, borrow money at such rates of interest as the authority determines, issue its bonds

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in accordance with this article, and secure any of its bonds or obligations by a mortgage or pledge of all or any of its property, franchises, and income or as otherwise provided in this article; (16) To make secured or unsecured loans for the purpose of providing temporary or permanent financing or refinancing for the cost of any item of health equipment, including the retiring of any outstanding obligations issued by a participating provider, and the reimbursement to a participating provider for the cost of any health equipment purchased within one year prior to the effective date of this article or in anticipation of procuring such financing or refinancing from the authority or other sources, and to charge and collect interest on such loans for such loan payments and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (17) To invest and reinvest its funds and to take and hold property as security for the investment of such funds as provided in this article; (18) To purchase, receive, lease (as lessee or lessor), or otherwise acquire, own, hold, improve, use, or otherwise deal in and with health equipment, or any interest therein, wherever situated; (19) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets; (20) To the extent permitted under its contract with the holders of bonds of the authority, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest or any other terms of any contract, loan, loan note, loan note commitment, lease, or agreement of any kind to which the authority is a party; (21) To charge to and apportion among participating providers its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this article; (22) Except as otherwise provided in a trust agreement or bond resolution securing bonds of the authority, to invest any funds held in reserve, in such indebtedness or obligations designed by the authority for investments of its funds held under this article;

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(23) To collect fees and charges, as the authority determines to be reasonable, in connection with its loans, leases, sales, advances, insurance, commitments, and servicing; (24) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; and (25) To sell, at public or private sale, with or without public bidding, any loan or other obligation held by the authority. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or to implement the public purposes of this article inure to the benefit of the state. Upon termination or dissolution, all rights and properties of the authority pass to and are vested in the state, subject to the rights of lienholders and other creditors. 31-7-195. Health equipment financed under this article is not subject to any statutory requirement of competitive bidding or other restriction imposed on the procedure for award of contracts or the lease, sale, or other disposition of property with regard to any action taken under authority of this article; however, if the prospective lessee or purchaser requests in writing, the authority shall call for bids in a manner determined by the authority with the approval of such lessee or purchaser. 31-7-196. (a) The authority may initiate a program of providing health equipment to be operated by participating providers in health facilities in Georgia. In furtherance of this objective, the authority may also: (1) Establish eligibility standards for participating providers, provided that such standards shall encourage maximum feasible participation for participating providers serving disproportionately high numbers of indigent patients; (2) Contract with any entity securing the payment of bonds under paragraphs (9) and (10) of subsection (a) of Code Section 31-7-194, authorizing the entity to approve the participating providers that can finance or refinance health equipment with proceeds from the bond issue secured by that entity;

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(3) Lease to a participating provider specific items of health equipment upon terms and conditions that the authority considers proper, charge and collect rents therefor, terminate any such lease upon the failure of the lessee to comply with any of its obligations under the lease or otherwise as the lease provides, include in any such lease provisions that the lessee has the options to renew the term of the lease for such periods and at such rents as may be determined by the authority or to purchase any or all of the health equipment to which the lease applies; (4) Loan to a participating provider under any installment purchase contract or loan agreement money to finance, reimburse, or refinance the cost of specific items of health equipment and take back a secured or unsecured promissory note evidencing such a loan and a security interest in the health equipment financed or refinanced with such loan, upon such terms and conditions as the authority considers proper; (5) Sell or otherwise dispose of any unneeded or obsolete health equipment under terms and conditions as determined by the authority; (6) Maintain, repair, replace, and otherwise improve or cause to be maintained, repaired, replaced, and otherwise improved any health equipment owned by the authority; (7) Obtain or aid in obtaining property insurance on all health equipment owned or financed or accept payment if any health equipment is damaged or destroyed; and (8) Enter into any agreement, contract, or other instrument with respect to any insurance, guarantee, or letter of credit accepting payment in such manner and form as provided therein if a participating provider defaults and assign any such insurance, guarantee, or letter of credit as security for bonds issued by the authority. (b) Before exercising any of the powers conferred by paragraph (a) of this Code section, the authority may: (1) Require that the lease, installment purchase contract, or loan agreement involved be insured by a loan insurer, be guaranteed by a loan guarantor, or be secured by a letter of credit; and

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(2) Require any other type of security from the participating providers that it considers reasonable and necessary. (c) The authority may not finance health equipment for any participating provider unless the Health Planning Agency, or any successor thereof, has issued a certificate of need, or comparable certification of approval, to the participating provider for the health equipment to be financed by the authority if the acquisition of such health equipment by the participating provider would require a certificate of need, or comparable certification of approval, under Chapter 6 of this title. 31-7-197. (a) The authority may issue, sell, and deliver its bonds, in accordance with this article, for the purpose of paying for or making loans to participating providers for the financing, reimbursing, or refinancing of all or any part of the cost of health equipment, to finance the acquisition of health equipment for lease or sale to participating providers, and any other purposes authorized by this article. (b) The bonds may be issued as serial bonds or as term bonds or a combination of each in one or more series and shall bear such date or dates, mature at such time or times, not exceeding ten years from their respective dates of issue, bear interest at such fixed or variable rates without regard to any limitations contained in any other statute or laws of this state, be payable at such time or times, be in such denominations, be in such form, either coupon or fully registered, carry such registration and conversion privileges, have such rank or priority, be payable in lawful money of the United States at such places, within or outside this state, and be subject to such terms of redemption as such bond resolution may provide. (c) All revenue bonds issued by the authority shall be subject to validation in accordance with Article 3 of Chapter 82 of Title 36, known as the `Revenue Bond Law.' All proceedings to validate revenue bonds of the authority shall be held in the Superior Court of Fulton County and judgments of validation obtained in the manner set forth in such chapter shall be forever conclusive upon the validity of such bonds and the security for such bonds as therein provided. The petition and complaint for validation shall also make party defendant to such action any participating provider which has contracted with the authority in connection with the issuance of the bonds or regarding the manner in which such bonds are to be secured;

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and such participating provider shall be required to show cause, if any exists, why such security and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the security adjudicated as a binding obligation of the participating provider for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same, any parties to the validation proceedings, or any persons who might properly have become parties to said proceedings. The certificate of validation, however, may be signed with the facsimile or manually executed official signature of the clerk or deputy clerk of the Superior Court of Fulton County. (d) The authority may sell its bonds in such manner and for such price, at public or private sale, as it may determine to be for the best interest of the authority. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim certificates or receipts or temporary bonds for definitive bonds upon issuance of the latter. The authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. (e) The bonds shall be signed by the chairman of the authority, and the corporate seal of the authority shall be thereunto impressed, imprinted, or otherwise reproduced and attested by the signature of the secretary of the authority. The coupons, if any, shall be signed in such manner as may be directed by the authority. The signatures of the officers of the authority and the seal of the authority upon any bond, note, or other debt security issued by the authority may be by facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds or notes issued under authority of this article bearing signatures or facsimiles of the signatures of officers of the authority in office on the date of the signing thereof shall be valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon shall have ceased to be officers of the authority. (f) Interest shall cease to accrue on any bond on the date that such bond becomes due for payment if such payment is made or duly provided for, but liability for such bond and the accrued interest thereon shall continue until such bond is 20 years overdue for payment. At such time, unless demand for payment has been made, such obligation shall be extinguished and shall be deemed no longer outstanding.

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(g) The authority may provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of such bonds, and, if considered advisable by the authority, for the additional purpose of paying all or any part of the cost of health equipment. (h) The proceeds of any bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority. Subject to the provisions of any trust indenture to the contrary, any such escrowed proceeds, pending such use, may be invested and reinvested in such obligations as are determined by the authority in order to assure the prompt payment of the principal and interest and redemption premium, if any, on the outstanding bonds to be so refunded. The interest, income, and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. Only after the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income, and profits, if any, earned or realized on the investments thereof shall be returned to the authority or the participating providers for use by them in any lawful manner. All such bonds are subject to this Code section in the same manner and to the same extent as other bonds issued under this Code section. (i) The proceeds of the bonds, other than refunding bonds, of each issue shall be used for the payment of all or part of the cost of, or for the making of a loan in the amount of all or part of the cost of, the health equipment for which such bonds have been authorized and, at the option of the authority, for the deposit to a reserve fund or reserve funds for the bonds; however, the authority may be paid, out of money from the proceeds of the sale and delivery of its bonds issued in accordance with this chapter, all of the authority's out-of-pocket expenses and costs in connection with the issuance, sale, and delivery of such bonds, and the costs of obtaining insurance, guarantees, and letters of credit securing payment of the bonds and the lease and the loan and installment purchase payments, plus an amount equal to the

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compensation paid to any employees of the authority for the time those employees have spent on activities relating to the issuance, sale, and delivery of the bonds. Bond proceeds shall be disbursed in the manner and under the restrictions determined by the authority. 31-7-198. (a) The bonds may be secured by a trust indenture by and between the authority and a corporate trustee which may be any bank having the power of a trust company or any trust company. The trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the holders of the bonds as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the exercise of its powers and the custody, investing, safekeeping, and application of all money. The authority may provide by the trust indenture for the payment of the proceeds of the bonds and the revenue to the trustee under the trust indenture or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the authority. If the bonds are secured by a trust indenture, the holders of the bonds have no authority to appoint a separate trustee to represent them. (b) (1) Any bond resolution or related trust indenture, indenture of mortgage, or deed of trust may contain provisions, which must be a part of the contract with the holders of the bonds to be authorized, as to: (A) Pledging or assigning the revenues generated by the health equipment, pledging or assigning the notes and mortgage, lease, or other security given by the participating providers whose health equipment has been financed with the proceeds of such bonds or other specified revenues or property of the authority; (B) The rentals, fees, interest, and other amounts to be charged by the authority, the schedule of principal payments, and the sums to be raised in each year thereby, and the use, investment, and disposition of such sums; (C) Setting aside any reserves or sinking funds and the regulation, investment, and disposition thereof;

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(D) Limitation on the use of the health equipment; (E) Limitations on the purpose to which or the investments in which the proceeds of sale of any issue of bonds then or thereafter may be applied; (F) Limitations on the issuance of additional bonds, terms upon which additional bonds may be issued and secured, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; (G) The refunding of outstanding bonds; (H) The procedure, if any, by which the terms of any contract with holders of the bonds may be amended or abrogated, the amounts of bonds the holders of which must consent thereto, the manner in which such consent may be given, and restrictions on the individual rights of action by holders of the bonds; (I) Acts or omissions that constitute a default in the duties of the authority to holders of its bonds and providing the rights and remedies of such holders in the event of default; and (J) Any other matters relating to the bonds that the authority considers desirable. (2) Bonds of the authority may also be secured by and payable from a pooling of leases or of notes and mortgages or other security instruments whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of health equipment with two or more participating providers, as lessees, or assign its rights as payee or secured party and pledge the revenues under two or more notes and loan agreements from two or more participating providers upon such terms as may be provided for in bond resolutions or other instruments under which such bonds are issued. (c) Every issue of bonds is payable solely out of revenues, assets, or money of the authority as the authority determines, subject only to any agreements with the holders of particular bonds pledging any

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particular money or revenue. The bonds may be additionally secured by a pledge of any grant, contribution, or guarantee from the federal government or any corporation, association, institution, or person or a pledge of any money, income, or revenue of the authority from any source. 31-7-199. Neither the members of the authority nor any person executing bonds or notes on behalf of the authority shall be personally liable thereon by reason of the issuance thereof. 31-7-200. Bonds issued under this article shall not be deemed to constitute a debt or pledge of the faith and credit of this state or any political subdivision thereof within the meaning of any provision of the Constitution or laws of this state. Bonds issued by the authority shall not directly, indirectly, or contingently obligate the state or any of its political subdivisions to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof; and all such bonds or other obligations of the authority shall contain recitals on their face covering substantially the foregoing provisions of this Code section. No state or local public funds shall be appropriated for use of the authority created by this article. 31-7-201. The creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article; the state covenants with the holders of the bonds and any interest coupons appertaining thereto that the authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the health equipment acquired by it or upon any fees, rentals, charges, or purchase price, received in installments or otherwise, pertaining to such health equipment or upon other income received by the authority; that the bonds of the authority, their transfer, and the interest and income therefrom shall at all times be exempt from taxation within this state; and that the recording of any indenture or security agreement by the authority shall be exempt from recording taxes and fees and from intangibles tax. The tax exemption provided in this Code section shall not include any exemption from sales or use tax on property purchased by the authority or for use by the authority,

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except that the authority shall be entitled to such exemption with respect to property for any particular project as is available to the participating provider pursuant to Article 1 of Chapter 8 of Title 48. 31-7-202. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of any of its officers shall not be diminished or impaired in any manner that will affect adversely the interest and right of the holders of such bonds. This article shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of the bonds as provided in this article, such provisions shall constitute a contract with the holders of such bonds. The provisions of any bond resolution, indenture, or trust agreement shall be a contract with every holder of such bonds; and the duties of the authority under any such bond resolution, indenture, or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. 31-7-203. All moneys received by the authority pursuant to this article, whether as grants or other contributions or as revenues, rents, and earnings, shall be held and applied solely as provided for in this article. 31-7-204. The authority may hold title to any project financed by it but shall not be required to do so. 31-7-205. The authority's legal situs or residence for the purpose of this article shall be Fulton County. Any action to protect or enforce any rights under this article, including the validation of obligations issued by the authority as permitted in this article, shall be brought in the Superior Court of Fulton County; and such court shall have exclusive original jurisdiction of all such actions. 31-7-206. Not later than the last day of January of each year, the authority shall submit an annual report of its activities for the preceding fiscal year to the Governor and the General Assembly. Each member of the General Assembly who requests a copy of the report from the chairman of the authority shall be sent a copy. Each report shall contain the name and address of the authority and a complete operating and financial statement for the authority during the fiscal year it covers. Furthermore, each report shall contain a statement with respect to all bonds which the authority issued during the immediately preceding calendar year, and such statement shall contain with respect to each such issue of bonds:

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(1) A copy of the resolution or other action authorizing the bonds; (2) The identity of any public or private entity which will have any actual or potential liability for the payment of any part of the principal of or interest on such bonds; (3) A statement identifying the location and nature of all health equipment which has been financed with any part of the proceeds of such bonds; (4) The identity of each participating provider which will make use of any part of such health equipment; and (5) The amount, term, and interest rate of such bonds. 31-7-207. Nothing in this article may be construed as a restriction or limitation upon any powers which the authority might otherwise have under any other law of this state, and this article is cumulative to such powers. This article shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized and shall be construed as supplemental to powers conferred by any other laws. The adoption by the authority of bylaws and rules and the issuance of bonds by the authority under this article need not comply with the requirements of any other state laws applicable to the adoption of bylaws and rules and the issuance of bonds, notes, and other obligations. No proceedings, notice, or approval is required for the issuance of any bonds or any instrument or the security therefor or for the proper conduct of the authority's business, affairs, or operations, except as provided in this article. 31-7-208. This article, being for the welfare of the state and its inhabitants shall be liberally construed to effect its 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 April 6, 1984.

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IDENTIFICATION CARDSISSUANCE UNDER PASSPORT NUMBER FOR CERTAIN PERSONS. Code Section 40-5-100 Amended. No. 1326 (House Bill No. 1278). AN ACT To amend Code Section 40-5-100 of the Official Code of Georgia Annotated, relating to identification cards, so as to provide that the card may be issued under a passport number for certain persons in lieu of a social security number; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 40-5-100 of the Official Code of Georgia Annotated, relating to identification cards, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows: 40-5-100. (a) The Department of Public Safety shall issue personal identification cards to persons who do not have motor vehicle drivers' licenses and who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 18 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall include the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex;

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(6) Height; (7) Weight; (8) Eye color; (9) Post where the identification card was issued; and (10) Signature of person identified. (b) The identification card shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall be the same as the social security number or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified. Section 2 . This Act shall become effective upon its approval by 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 6, 1984. ENGINEERING EXPERIMENT STATIONNAME CHANGED TO GEORGIA TECH RESEARCH INSTITUTE. Code Section 20-11-7 Enacted. No. 1327 (Senate Bill No. 364). AN ACT To amend Chapter 11 of Title 20 of the Official Code of Georgia Annotated, relating to the Engineering Experiment Station at the

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Georgia Institute of Technology, so as to authorize changing the name of the Engineering Experiment Station to Georgia Tech Research Institute; 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 11 of Title 20 of the Official Code of Georgia Annotated, relating to the Engineering Experiment Station at the Georgia Institute of Technology, is amended by adding at the end thereof a new Code Section 20-11-7 to read as follows: 20-11-7. The President of the Georgia Institute of Technology is authorized at any time not later than January 1, 1985, in his discretion, to change the name of the Engineering Experiment Station to `Georgia Tech Research Institute' by giving written notice of such change and of the effective date thereof to the Board of Regents of the University System of Georgia and the Secretary of State of the State of Georgia. The Engineering Experiment Station shall be known and designated as the `Georgia Tech Research Institute' from and after the effective date specified in such notice. The president and his delegate or delegates are authorized to give such additional notice of the name change and the effective date thereof to such other persons and in such manner as the president may deem necessary or desirable. Section 2 . If the President of the Georgia Institute of Technology exercises the authority provided by quoted Code Section 20-11-7 of Section 1 of this Act, then on the effective date of the change in the name of the Engineering Experiment Station to the Georgia Tech Research Institute, as shown on the notice sent to the Board of Regents of the University System of Georgia and to the Secretary of State as provided by said Code Section 20-11-7, the words Engineering Experiment Station shall be striken wherever the same appear in Code Sections 20-11-1 through 20-11-6 of Chapter 11 of Title 20 of the Official Code of Georgia Annotated and the words Georgia Tech Research Institute shall be inserted in lieu of said striken words. 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 6, 1984. SPECIAL LICENSE PLATES COMMEMORATING GEORGIA INSTITUTE OF TECHNOLOGY CENTENNIAL AUTHORIZED. Code Section 40-2-29.2 Enacted. No. 1328 (House Bill No. 1512). 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 centennial of the founding of the Georgia Institute of Technology; 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 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 40-2-29.2 to read as follows: 40-2-29.2. (a) By an Act approved October 13, 1885 (Ga. L. 1885, p. 69) by Governor Henry McDaniel, a technological school having been established as a department of the State University `for the education and training of students in the industrial and mechanical arts,' there shall be issued in 1985 special license plates to commemorate the centennial of the founding of the Georgia Institute of Technology.

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(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the centennial of the Georgia Institute of Technology. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section. (c) In calendar year 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, 1985, 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 revalidated after December 31, 1989. Section 2 . This Act shall become effective upon its approval by 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 6, 1984.

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AUTOMOTIVE GASOLINE DISTRIBUTORSUNLAWFUL, PREDATORY AND UNFAIR BUSINESS PRACTICES. Code Section 10-1-234 Amended. No. 1329 (Senate Bill No. 344). AN ACT To amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to change Code Section 10-1-234 so as to make said Code section conform to the Act from which it was codified as found in Ga. L. 1978, p. 2249; to provide for the construction of a certain term; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, is amended by striking Code Section 10-1-234 in its entirety and inserting in lieu thereof a new Code Section 10-1-234 to read as follows: 10-1-234. It shall be an unlawful predatory and unfair business practice for an automotive gasoline distributor who controls a product supply, controls the price of that product and has the power to require the purchase of that product by another automotive gasoline distributor or an automotive gasoline dealer doing business in this state to sell said product at prevailing automotive gasoline distributor prices at any time to another automotive gasoline distributor for resale to automotive gasoline dealers with the purpose or intent that said product will be sold at retail by said automotive gasoline distributor and fails to offer its automotive gasoline dealers an opportunity to purchase an equal volume of product upon the same terms and conditions, excepting expenses for advertising, credit cards and other expenses relative to its automotive gasoline dealers, when said automotive gasoline distributor is selling said product at distress prices to other automotive gasoline dealers in the dealer's marketing area. As

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used in this Code section, the term `distress prices' shall not be construed to include or embrace a price established for the purpose of meeting competition. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval; provided, however, that this Act shall not apply to or be deemed to affect any cause of action pending on such effective date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1984. HEALTH CARE PROVIDERS REQUIRED TO FURNISH PATIENT'S HEALTH RECORDS TO PATIENT OR OTHER DESIGNATED RECIPIENT. Code Title 31, Chapter 32 Enacted. No. 1330 (Senate Bill No. 401). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that a patient or any person or entity designated by the patient may be provided with the patient's health records; to provide definitions; to provide conditions and procedures; to provide exceptions; to provide for costs; to provide for other rights; to provide for applicability; to provide that there shall be no liability upon good faith compliance; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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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 32 to read as follows: CHAPTER 32 31-32-1. As used in this chapter, the term: (1) `Patient' means any person who has received health care services from a provider. (2) `Provider' means all hospitals, including public, private, osteopathic, and tuberculosis hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including freestanding hemodialysis units; intermediate care facilities; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies. It shall also mean any person licensed to practice under Chapter 9, 11, 26, 34, 35, or 39 of Title 43. (3) `Record' means a patient's health record, including, but not limited to, evaluations, diagnoses, prognoses, laboratory reports, X-rays, prescriptions, and other technical information used in assessing the patient's condition, or the pertinent portion of the record relating to a specific condition or a summary of the record. 31-32-2. (a) Upon written request from the patient, the provider having custody and control of the patient's record shall furnish a complete and current copy of that record, in accordance with the provisions of this Code section. (b) Any record requested under subsection (a) of this Code section shall be furnished to the patient, any other provider designated by the patient, or any other person designated by the patient. (c) If the provider reasonably determines that disclosure of the record to the patient will be detrimental to the physical or mental health of the patient, the provider may refuse to furnish the record; however, upon such refusal, the patient's record shall, upon written request by the patient, be furnished to any other provider designated by the patient.

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31-32-3. (a) The party requesting the patient's records shall be responsible to the provider for the reasonable costs of copying and mailing the patient's record. Payment of such costs may be required by the provider prior to the records being furnished. This subsection shall not apply to records requested in order to make or complete an application for a disability benefits program. (b) The rights granted to a patient under this chapter are in addition to any other rights a patient may have relating to access to his records; however, nothing in this chapter shall be construed as granting to a patient any right of ownership in the records, as such records are owned by and are the property of the provider. 31-32-4. The provisions of this chapter shall not apply to psychiatric, psychological, or other mental health records of a patient. 31-32-5. Any provider releasing information in good faith pursuant to the provisions of this chapter shall not be civilly or criminally liable to the patient, guardian, parent, or any other person for such release. 31-32-6. Nothing in this chapter shall be construed as destroying or diminishing the privileged or confidential nature of any communication now or hereafter recognized by law. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1984.

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ALCOHOLIC BEVERAGESCERTAIN MUNICIPALITIES AUTHORIZED TO PERMIT SALE FOR CONSUMPTION ON PREMISES AT CERTAIN TIMESREFERENDA. Code Section 3-3-7 Amended. No. 1331 (House Bill No. 828). AN ACT To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sale of alcoholic beverages on Sunday, so as to provide that the governing authority of certain counties and municipalities may authorize the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays if Sunday sales are approved by a referendum; to provide for limitations and conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sale of alcoholic beverages on Sunday, is amended by adding at the end thereof a new subsection (l) to read as follows: (l) (1) In each county having a population of more than 100,000 in any metropolitan statistical area having a population of not less than 250,000 nor more than 1,000,000 according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful in such a county 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 by referendum as provided in paragraph (2) of this subsection:

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(A) At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays; and (B) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this subparagraph, 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. (2) Any governing authority desiring to permit and regulate Sunday sales pursuant to paragraph (1) of this subsection shall so provide by proper resolution or ordinance. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published 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 municipality or county) be authorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?' 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,

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the governing authority may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1984. ALCOHOLIC BEVERAGESSUNDAY SALES FOR ON-PREMISE CONSUMPTION AUTHORIZEDREFERENDA. Code Section 3-3-7 Amended. No. 1332 (Senate Bill No. 390). AN ACT To amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide for local authorization and regulation of sales of alcoholic beverages on Sunday under certain conditions; to validate certain prior authorizations for Sunday sales of alcoholic beverages; 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 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, is 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 (l) to read as follows: (l) (1) Notwithstanding any other provisions of law, in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing authority of the county or municipality may, by resolution or ordinance conditioned on approval in a referendum, authorize the sale of alcoholic beverages 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 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. (2) Any governing authority desiring to permit and regulate Sunday sales pursuant to this subsection, but only after a referendum election, shall so provide by proper resolution or ordinance conditioned on a referendum. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published 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 municipality or county) be authorized to permit and regulate Sunday

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sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?' 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 may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees. Otherwise, such Sunday sales shall not be permitted. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State. (3) Notwithstanding this subsection or any other provision of law, all county or municipal resolutions or ordinances enacted prior to the effective date of this subsection pursuant to the authorizations granted by subsections (a) through (k) of this Code section are declared to be valid and shall remain in full force and effect unless affirmatively repealed by the governing authority of the county or municipality. Section 2 . This Act shall become effective upon its approval by 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 6, 1984.

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ALCOHOLIC BEVERAGESSALE ON CERTAIN DAYS PROHIBITED. Code Section 3-3-20 Amended. No. 1333 (Senate Bill No. 483). AN ACT To amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on certain days, so as to prohibit the sale or offer of sale of alcoholic beverages on Sundays and election days; to authorize certain local governments to authorize the sale or offer of sale of alcoholic beverages on local election days; to provide definitions; to provide exceptions; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to delete certain provisions relating to the sale of alcoholic beverages on election days; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on certain days, is amended by striking in its entirety said Code section which reads as follows: 3-3-20. (a) Except as specifically authorized by law, no person knowingly and intentionally shall sell or offer to sell alcoholic beverages on: (1) Sunday; or (2) An election day. As used in this paragraph, the term `election day' means that period of time beginning with the opening of the polls and ending with the closing of the polls. The prohibition of this Code section relative to election days applies only within the territorial boundaries for which the election is being held and, for the purposes of such prohibition, such territorial boundaries shall not include any property owned or operated by a county, municipality, or other political subdivision of this

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state for airport purposes, if no person resides on such publicly owned or operated property. As used in this paragraph, the term `election' means any state-wide primary election and the state-wide general election and any runoff held for any such election. Except as provided in this paragraph, in all counties of this state having a population of 35,000 or more according to the United States decennial census of 1980 or any future such census the local governing authorities of such counties and the local governing authorities of municipalities located in such counties may determine by local ordinance, resolution, or referendum whether such sales shall be permitted on local election days; provided, however, that this paragraph shall not apply to any governing authority which has not authorized the sale of alcoholic beverages. (b) The governing authority of any county or municipality may, by ordinance or resolution, prohibit the sale of alcoholic beverages on Christmas Day., and inserting in lieu thereof a new Code Section 3-3-20 to read as follows: 3-3-20. (a) Except as specifically authorized by law, no person knowingly and intentionally shall sell or offer to sell alcoholic beverages on Sunday. (b) (1) As used in this subsection, the term: (A) `Day' means that period of time beginning with the opening of the polls and ending with the closing of the polls. (B) `Local election' means any election which is not a state-wide primary or state-wide general election or a runoff held for such primary or general election. (2) (A) Except as provided in subparagraph (B) of this paragraph, no person knowingly and intentionally shall sell or offer to sell alcoholic beverages on any election day. The prohibition of this subsection shall apply only within the territorial boundaries for which the election is held but such territorial boundaries shall not include any property owned or operated by a county, municipality, or other political subdivision of this state for airport purposes if no person resides on such publicly owned or operated property.

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(B) The local governing authority of any county in which the sale of alcoholic beverages is authorized and the local governing authority of any municipality in which the sale of alcoholic beverages is authorized may, by ordinance, resolution, or referendum, authorize the sale of alcoholic beverages on local election days. (c) The governing authority of any county or municipality may, by ordinance or resolution, prohibit the sale of alcoholic beverages on Christmas Day. Section 2 . Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking in its entirety Code Section 21-2-595 which reads as follows: 21-2-595. Any person who shall sell or buy or offer for sale any alcoholic beverages on primary or election days shall be guilty of a misdemeanor., and inserting in lieu thereof a new Code Section 21-2-595 which reads as follows: 21-2-595. Reserved. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1984.

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ALCOHOLIC BEVERAGESSALES ON SUNDAYS IN PUBLIC STADIUMS, ETC.PROVISIONS CHANGED. Code Section 3-3-7 Amended. No. 1334 (Senate Bill No. 469). AN ACT To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to change the provisions relating to the sale of alcoholic beverages on Sunday in public stadiums, coliseums, and auditoriums, in certain counties and municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended by striking paragraph (2) of subsection (b) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) Alcoholic beverages may be sold on Sundays between the hours of 12:30 P.M. and 12:00 Midnight in public stadiums, coliseums, and auditoriums with a seating capacity in excess of 3,500 persons and in eating establishments. 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. 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 6, 1984. EDUCATIONHEALTH INSURANCE PLAN FOR PUBLIC SCHOOL EMPLOYEESPROVISIONS RELATING TO CONTRIBUTIONS CHANGED. Code Title 20, Chapter 2 Amended. No. 1335 (Senate Bill No. 175). AN ACT To amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the health insurance plan for public school employees, so as to change the provisions relating to contributions to the health insurance plan; to change the provisions relative to commencement dates for the health insurance plan and employee participation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the health insurance plan for public school employees, is amended by striking Code Section 20-2-920, relating to contributions to the health insurance plan, in its entirety and substituting in lieu thereof a new Code Section 20-2-920 to read as follows: 20-2-920. (a) During any period in which an employee is covered under the health insurance plan authorized by this subpart prior to the date of the employee's retirement, there shall be withheld

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from each salary payment of such employee, as the employee's share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this subpart as may be established by the board. During any month in which benefits are being paid by a public school employees' retirement system to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the board with the consent of the recipient. (b) The Department of Education and local school systems 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. (c) If a local school system elects not to participate in the health insurance plan, the board may establish regulations by which the employees of such local school system may enroll as a group, provided an adequate participation percentage is maintained to assure a sound policy of shared risk. Section 2 . Said subpart is further amended by striking Code Section 20-2-922, relating to commencement dates and employee contributions, in its entirety and substituting in lieu thereof a new Code Section 20-2-922 to read as follows: 20-2-922. (a) On a date as soon as practicable, as determined by the board, which is defined as the `employer commencement date,' the commissioner shall notify the State School Superintendent and local school superintendents that the employer payments shall commence on such date. The Superintendent shall notify the employees that employee payments will commence on a date following the employer commencement date, which will be determined by the board. The date as established by the board with reference to the employee payments is defined as the `employee commencement date.' (b) Any employee who is otherwise eligible in accordance with rules and regulations of the board shall have an option to elect coverage in this program, and, in the event an employee rejects coverage, such employee shall be authorized to obtain coverage at a later date upon compliance with the rules and regulations promulgated by the board relative thereto.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1984. RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAWGRANTING OF EXCLUSIVE RIGHTS TO CERTAIN PARTIES TO RESOURCE RECOVERY FUNCTIONS, ETC. Code Title 36, Chapter 63 Amended. No. 1336 (Senate Bill No. 513). AN ACT To amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, known as the Resource Recovery Development Authorities Law, so as to authorize the granting of exclusive rights to certain parties with respect to functions relating to resource recovery; to exempt materials separated for recycling; to authorize the establishment of joint authorities by two or more counties and municipal corporations not located in the same 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 . Chapter 63 of Title 36 of the Official Code of Georgia Annotated, known as the Resource Recovery Development Authorities Law, is amended by striking Code Section 36-63-2, relating to purposes, in its entirety and inserting in lieu thereof a new Code Section 36-63-2 to read as follows: 36-63-2. (a) 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

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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. It is likewise 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 intent of this chapter to preserve and do nothing to interfere with the practice of recycling solid waste for use [UNK]again by industry and the public thereby preserving and reusing important natural and other resources, except as specifically provided for in this chapter. (b) It is the clearly articulated and affirmatively expressed policy of the State of Georgia that any resource recovery development authority, other authority, municipal corporation, county, other governmental body or agency, or private party shall be authorized, with respect to any solid waste, sewage sludge, or resources contained therein which the owner or generator thereof makes available to such resource recovery development authority, other authority, municipal corporation, county, or other governmental body or agency or private party to enter into agreements or in the case of a county or municipal corporation to enact ordinances or resolutions in furtherance of a project granting, directing, or providing for an exclusive right or rights in any of the foregoing parties with respect to such solid waste, sewage sludge, or resources contained therein, including, but not limited to, the exclusive right to collect, acquire, receive, transport, store, treat, process, utilize, sell, or dispose of discarded solid waste, sewage sludge, or resources contained therein; provided, however, excluded from such authorization shall be any rights to materials or substances contained in such solid waste, sewage sludge, or resources contained therein as may be separated for recycling at any time prior to pick up by or delivery to such resource recovery development authority, other authority, municipal corporation, county, or other governmental body or agency or private party of such discarded solid waste, sewage sludge, or resources contained therein.

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Section 2 . Said chapter is further amended by striking subsection (b) of Code Section 36-63-5, relating to the creation of resource recovery development authorities, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any number of counties and municipal corporations, whether or not located in the same county or within a county participating in the formation of a joint authority, may jointly form an authority, to be known as the `joint resource recovery development authority' for such counties and municipal corporations. No authority shall transact any business or exercise any powers under this chapter until the governing authorities of the units of local government involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authorities authorize the chief elected official of the unit of local government to enter into an agreement with the other units of local government for the activation of an authority and such agreement is executed. Section 3 . Said chapter is further amended by striking subsection (b) of Code Section 36-63-11, relating to the construction of said chapter generally, and inserting in lieu thereof a new subsection (b) to read as follows: (b) A municipal corporation, a county, or any number of counties and municipal corporations shall have the right to activate an authority under this chapter, notwithstanding the existence of any other development authority within the county or municipal corporation created pursuant to any general law or amendment to the Constitution of this state. However, nothing in this chapter shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence. 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 6, 1984.

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JURIESPROVISONS RELATING TO EXEMPTIONS FROM JURY DUTY AMENDED. Code Title 15, Chapter 12 Amended. No. 1337 (House Bill No. 1230). AN ACT To amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the provisions relating to exemptions from jury duty; to repeal a specific Code section relating to exemptions from jury duty in counties which have established a plan for electronic or mechanical selection of jurors; 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 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended by striking in its entirety Code Section 15-12-1, which reads as follows: 15-12-1. (a) The following persons are exempt from all jury duty, civil or criminal; the name of any such person shall not be included or continued in the jury box unless the person makes a request therefor in writing to the board of jury commissioners or its clerk: (1) Police and other law enforcement officers employed or appointed on a full-time basis but not part-time or honorary peace officers; (2) Officers and personnel of any court employed or appointed on a full-time basis, including attorneys at law who are active members of the State Bar of Georgia and are regularly engaged in the practice of law in this state; (3) Officers, firemen, and other personnel of any fire department who are employed or appointed on a full-tim[UNK]e basis and those members of a volunteer fire department who are certified to the board of jury commissioners by the administrative head thereof as indispensable to the effective operation of such department;

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(4) Physicians, surgeons, medical interns, and medical technicians actively engaged as such and other personnel of a hospital who are certified to the board of jury commissioners by the administrative head thereof as indispensable to the effective operation of such hospital; and (5) Dentists and pharmacists, duly licensed, who are actively engaged in the practice of their profession. (b) Any other person who shows that he will be engaged during his term of required service in work necessary to the public health, safety, or good order or that she is a housewife with children 14 years of age or younger may be excused by the judge of the court to which he or she has been summoned or by some other person who has been duly appointed by order of the chief judge to excuse jurors. Such a person may exercise such authority only after the establishment by court order of guidelines governing excuses. Any order of appointment shall provide that, except for permanently mentally or physically disabled persons, all excuses shall be deferred to a date and time certain within that term or the next succeeding term or shall be deferred as set forth in the court order. (c) The exemption under this Code section shall not apply to attorneys at law or physicians summoned to serve on commissions or juries pursuant to any of the provisions of Title 37. (d) Any teacher or principal of this state who does not desire to serve upon juries shall notify the jury commissioners of the county in which he resides in writing to that effect; thereupon the jury commissioners shall not place the name of the teacher or principal in the jury box for the county. (e) Any person who is 65 years of age or older who desires to serve upon juries shall notify the jury commissioners of the county in which the person resides in writing to that effect, and thereupon the jury commissioners shall place the name of the person in the jury box for the county., and inserting in lieu thereof a new Code Section 15-12-1 to read as follows: 15-12-1. Any person who shows that he will be engaged during his term of jury duty in work necessary to the public health, safety, or

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good order or who shows other good cause why he should be exempt from jury duty may be excused by the judge of the court to which he or she has been summoned or by some other person who has been duly appointed by order of the chief judge to excuse jurors. Such a person may exercise such authority only after the establishment by court order of guidelines governing excuses. Any order of appointment shall provide that, except for permanently mentally or physically disabled persons, all excuses shall be deferred to a date and time certain within that term or the next succeeding term or shall be deferred as set forth in the court order. Section 2 . Said chapter is further amended by striking in its entirety Code Section 15-12-1.1, which reads as follows: 15-12-1.1. (a) In any county for which a plan for the selection of jurors by electronic or mechanical means has been established pursuant to Code Section 15-12-42, the chief judge of the superior court of the county may by rule direct that this Code section shall apply to the county in lieu of subsections (a), (d), and (e) of Code Section 15-12-1. (b) The names of the following persons shall remain on the jury list, provided that they may exempt themselves from all civil or criminal jury duty upon written request to the clerk of the court: (1) Police and other law enforcement officers employed or appointed on a full-time basis, but not part-time or honorary peace officers; (2) Officers and personnel of any court employed or appointed on a full-time basis, including attorneys at law who are active members of the State Bar of Georgia and who are regularly engaged in the practice of law in this state; (3) Officers, firemen, and other personnel of any fire department who are employed or appointed on a full-time basis, except that the exemption under this Code section shall also apply to those members of a volunteer fire department who are certified to the board of jury commissioners by the administrative head of the volunteer fire department as indispensable to the effective operation of the department;

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(4) Physicians, surgeons, medical interns, and medical technicians actively engaged as such, except that the exemption under this Code section shall also apply to other personnel of a hospital who are certified to the board of jury commissioners by the administrative head of the hospital as indispensable to the effective operation of the hospital; (5) Dentists and pharmacists who are duly licensed and who are actively engaged in the practice of their profession; (6) Teachers and principals; and (7) Persons 65 years of age or older. (c) Each summons to jury duty shall contain or be accompanied by a notice setting out the provisions of subsection (b) 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 April 6, 1984.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1984 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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CREATION OF COMMUNITY IMPROVEMENT DISTRICTS. Proposed Amendment to the Constitution. No. 68 (House Resolution No. 733). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the creation of community improvement districts for the purpose of providing governmental services; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article IX of the Constitution is amended by adding at the end thereof a new Section VII to read as follows: SECTION VII COMMUNITY IMPROVEMENT DISTRICTS Paragraph I. Creation . The General Assembly may by local law create one or more community improvement districts for any county or municipality or provide for the creation of one or more community improvement districts by any county or municipality. Paragraph II. Purposes . The purpose of a community improvement district shall be the provision of any one or more of the following governmental services and facilities: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads. (2) Parks and recreational areas and facilities. (3) Storm water and sewage collection and disposal systems. (4) Development, storage, treatment, purification, and distribution of water.

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(5) Public transportation. (6) Terminal and dock facilities and parking facilities. (7) Such other services and facilities as may be provided for by general law. Paragraph III. Administration . (a) Any law creating or providing for the creation of a community improvement district shall designate the governing authority of the municipality or county for which the community improvement district is created as the administrative body or otherwise shall provide for the establishment and membership of an administrative body for the community improvement district. Any such law creating or providing for the creation of an administrative body for the community improvement district other than the municipal or county governing authority shall provide for representation of the governing authority of each county and municipality within which the community improvement district is wholly or partially located on the administrative body of the community improvement district. (b) Any law creating or providing for the creation of a community improvement district shall provide that the creation of the community improvement district shall be conditioned upon: (1) The adoption of a resolution consenting to the creation of the community improvement district by: (A) The governing authority of the county if the community improvement district is located wholly within the unincorporated area of a county; (B) The governing authority of the municipality if the community improvement district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of the county and the municipality if the community improvement district is located partially within the unincorporated area of a county and partially within the incorporated area of a municipality; and

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(2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and (B) The owners of real property within the community improvement district which constitutes at least 75 percent by value of all real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and for this purpose value shall be determined by the most recent approved county ad valorem tax digest. (c) The administrative body of each community improvement district may be authorized to levy taxes, fees, and assessments within the community improvement district only on real property used nonresidentially, specifically excluding all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2 percent of the assessed value of the real property or such lower limit as may be established by law. The law creating or providing for the creation of a community improvement district shall provide that taxes, fees, and assessments levied by the administrative body of the community improvement district shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The law creating or providing for the creation of a community improvement district shall provide that the proceeds of taxes, fees, and assessments levied by the administrative body of the community improvement district shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the community improvement district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the county or municipality for which the community improvement district is created in the same manner as taxes, fees, and assessments levied by such county or municipality. The proceeds of taxes, fees, and assessments so levied, less such fee to

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cover the costs of collection as may be specified by law, shall be transmitted by the collecting county or municipality to the administrative body of the community improvement district and shall be expended by the administrative body of the community improvement district only for the purposes authorized by this Section. Paragraph IV. Debt . The administrative body of a community improvement district may incur debt, as authorized by law, without regard to the requirements of Section V of this Article, which debt shall be backed by the full faith, credit, and taxing power of the community improvement district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the community improvement district. Paragraph V. Cooperation with local governments . The services and facilities provided pursuant to this Section shall be provided for in a cooperation agreement executed jointly by the administrative body and the governing authority of the county or municipality for which the community improvement district is created. The provisions of this section shall in no way limit the authority of any county or municipality to provide services or facilities within any community improvement district; and any county or municipality shall retain full and complete authority and control over any of its facilities located within a community improvement district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this Section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to any community improvement district or the services or facilities provided therein. Paragraph VI. Regulation by general law . The General Assembly by general law may regulate, restrict, and limit the creation of community improvement districts and the exercise of the powers of administrative bodies of community improvement districts. 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:

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() YES () NO Shall the Constitution be amended so as to authorize the creation of community improvement districts for the purpose of providing governmental services? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved March 28, 1984. DISABLED VETERAN'S HOMESTEAD EXEMPTION. Proposed Amendment to the Constitution. No. 71 (House Resolution No. 185). A RESOLUTION Proposing an amendment to the Constitution, so as to change the amount of and eligibility for the homestead exemption granted to disabled veterans and provide a method of changing this amount and eligibility in the future; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article VII, Section II of the Constitution is amended by adding a new Paragraph V to read as follows:

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Paragraph V. Disabled veteran's homestead exemption . Except as otherwise provided in this paragraph, the amount of the homestead exemption granted to disabled veterans shall be the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 802 of Title 38 of the United States Code as hereafter amended. Such exemption shall be granted to: those persons eligible for such exemption on June 30, 1983; to disabled American veterans of any war or armed conflict who are disabled due to loss or loss of use of one lower extremity together with the loss or loss of use of one upper extremity which so affects the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; and to disabled veterans hereafter becoming eligible for assistance in acquiring housing under Section 801 of the United States Code as hereafter amended. The General Assembly may by general law provide for a different amount or a different method of determining the amount of or eligibility for the homestead exemption granted to disabled veterans. Any such law shall be enacted by a simple majority of the votes of all the members to which each house is entitled and may become effective without referendum. Such law may provide that the amount of or eligibility for the exemption shall be determined by reference to laws enacted by the United States Congress. 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 change the amount of and eligibility for the homestead exemption granted to disabled veterans and provide a method of changing this amount and eligibility in the future? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved March 28, 1984. REFERENDUM APPROVING LOCAL LAWS AUTHORIZING EXERCISE OF ADDITIONAL REDEVELOPMENT POWERS. Proposed Amendment to the Constitution. No. 72 (House Resolution No. 444). A RESOLUTION Proposing an amendment to the Constitution so as to require that a local law which authorizes the exercise of additional redevelopment powers by counties and municipalities be approved in a referendum by a majority of the qualified voters voting thereon in the county or municipality affected; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article IX, Section II, Paragraph VII of the Constitution is amended by striking subsection (b) thereof and inserting in its place a new subsection (b) to read as follows: (b) In addition to the authority granted by subparagraph (a) of this Paragraph, the General Assembly is authorized to grant to counties or municipalities for redevelopment purposes and in connection with redevelopment programs, as such purposes and programs are defined by general law, the power to issue tax allocation bonds, as defined by such law, and the power to incur other obligations, without

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either such bonds or obligations constituting debt within the meaning of Section V of this article, and the power to enter into contracts for any period not exceeding 30 years with private persons, firms, corporations, and business entities. Notwithstanding the grant of these powers pursuant to general law, no county or municipality may exercise these powers unless so authorized by local law and unless such powers are exercised in conformity with those terms and conditions for such exercise as established by that local law. The provisions of any such local law shall conform to those requirements established by general law regarding such powers. No such local law, or any amendment thereto, shall become effective unless approved in a referendum by a majority of the qualified voters voting thereon in the county or municipality directly affected by that local 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 require that a local law which authorizes the exercise of additional redevelopment powers by counties and municipalities be approved in a referendum by a majority of the qualified voters voting thereon in the county or municipality affected? 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 28, 1984.

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CLASSES OF PERSONS ENTITLED TO PREFERENTIAL ASSESSMENT OF LAND DEVOTED TO AGRICULTURE. Proposed Amendment to the Constitution. No. 80 (House Resolution No. 589). A RESOLUTION Proposing an amendment to the Constitution so as to provide that property qualifying for preferential assessment which is devoted to bona fide agricultural purposes may be owned by an estate of which the devisees or heirs are one or more natural or naturalized citizens or by a trust of which the beneficiaries are one or more natural or naturalized citizens; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article VII, Section I, Paragraph III of the Constitution is amended by striking (c)(1) of said paragraph and inserting in lieu thereof a new (c)(1) to read as follows: (1) The property must be owned by: (A) (i) One or more natural or naturalized citizens; (ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or (B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, or which is owned by an estate of which the devisee or beirs are one or more natural or naturalized citizens, or which is owned by a trust of which the beneficiaries are one or more natural or naturalized citizens, and such corporation derived 80 percent or more of its gross income from bona fide

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agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought. 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 property qualifying for preferential assessment which is devoted to bona fide agricultural purposes may be owned by an estate of which the devisees or heirs are one or more natural or naturalized citizens or by a trust of which the beneficiaries are one or more natural or naturalized citizens? 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, 1984.

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GENERAL OBLIGATION DEBT FOR LIBRARY FACILITIES, ETC. Proposed Amendment to the Constitution. No. 83 (Senate Resolution No. 300). A RESOLUTION Proposing an amendment to the Constitution to authorize general obligation debt to be incurred to provide public library facilities for county and independent school systems or for counties, municipalities, or boards of trustees of public libraries or public library systems; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article VII, Section IV, Paragraph I of the Constitution is amended by striking subparagraph (d) of said Paragraph I, which reads as follows: (d) General obligation debt to provide educational facilities for county and independent school systems and, when the construction of such educational facilities has been completed, the title to such educational facilities shall be vested in the respective local boards of education for which such facilities were constructed., in its entirety and substituting in lieu thereof a new subparagraph (d) to read as follows: (d) General obligation debt to provide educational facilities for county and independent school systems and to provide public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, and, when the construction of such educational or library facilities has been completed, the title to such facilities shall be vested in the respective local boards of education, counties, municipalities, or public library boards of trustees for which such facilities were constructed.

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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 to authorize general obligation debt to be incurred to provide public library facilities for county and independent school systems or for counties, municipalities, or boards of trustees of public libraries or public library systems? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved March 29, 1984. PAYMENT OF RETIREMENT BENEFITS BASED ON INVOLUNTARY SEPARATION TO ANY GOVERNOR EXCEPT IN CASES OF MEDICAL DISABILITY PROHIBITED. Proposed Amendment to the Constitution. No. 84 (Senate Resolution No. 307). A RESOLUTION Proposing an amendment to the Constitution so as to prohibit the

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payment of retirement benefits based on involuntary separation from employment to any past, present, or future Governor of the State of Georgia as a result of ceasing to hold office as Governor for any reason, except for medical disability; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article III, Section X of the Constitution is amended by adding immediately following Paragraph V a new Paragraph V-A to read as follows: Paragraph V-A. Limitation on involuntary separation benefits for Governor of the State of Georgia. Any other provisions of this Constitution to the contrary notwithstanding, no past, present, or future Governor of the State of Georgia who ceases or ceased to hold office as Governor for any reason, except for medical disability, shall receive a retirement benefit based on involuntary separation from employment as a result of ceasing to hold office as Governor. The provisions of any law in conflict with this Paragraph are null and void effective January 1, 1985. 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 prohibit the payment of retirement benefits based on involuntary separation from employment to any past, present, or future Governor of the State of Georgia as a result of ceasing to hold office as Governor for any reason, except for medical disability?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved March 29, 1984. APPOINTMENT OF THE STATE SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 85 (House Resolution No. 505). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the appointment of the State School Superintendent and to provide for the superintendent in office on January 1, 1985, and for other matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article V, Section II, Paragraph VIII of the Constitution is amended by striking subparagraph (b) in its entirety and inserting in lieu thereof a new subparagraph (b) to read as follows: (b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at the

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same election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified. Section 2 . Article V, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows: Paragraph I. Other executive officers, how elected . The Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor. Section 3 . Article V, Section IV, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows: Paragraph I. `Elected constitutional executive officer,' how defined . As used in this section, the term `elected constitutional executive officer' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. Section 4 . Article VIII, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety which reads as follows: Paragraph I. State School Superintendent . There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such member shall have been appointed.,

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and inserting in lieu thereof a new Paragraph I to read as follows: Paragraph I. State School Superintendent . There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education. The superintendent in office on January 1, 1985, shall continue to serve the remainder of the term to which he was elected. Thereafter, the State School Superintendent shall be appointed by the State Board of Education. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for appointment as State School Superintendent during the time for which such member shall have been appointed. Section 5 . 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 authorize the State Board of Education to appoint the State School Superintendent? 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 April 3, 1984.

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SUSPENSION OF CERTAIN PUBLIC OFFICIALS UPON BEING INDICTED FOR A FELONY. Proposed Amendment to the Constitution. No. 87 (Senate Resolution No. 268). A RESOLUTION Proposing an amendment to the Constitution so as to provide that certain public officials may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for procedures and other matters related thereto; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article II of the Constitution is amended by adding at the end thereof a new Section III to read as follows: SECTION III. SUSPENSION AND REMOVAL OF PUBLIC OFFICIALS Paragraph I. Procedures for and effect of suspending or removing public officials upon felony indictment . (a) As used in this Paragraph, the term `public official' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and any member of the General Assembly. (b) Upon indictment for a felony by a grand jury of this state, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Governor or, if the indicted public official is the Governor, to the Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor,

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the commission shall be composed of the Attorney General, the Secretary of State, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public official is the Attorney General, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assembly, the commission shall be composed of the Attorney General and two other public officials who are not members of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for obtaining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public official, the Lieutenant Governor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he was suspended. While a public official is suspended under this Paragraph and until final conviction, the officer shall continue to receive the compensation from his office. (c) Unless the Governor is the public officer under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement officer except in the case of a member of the General Assembly. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this

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Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. (d) No commission shall be appointed for a period of 14 days from the day the indictment is received. This period of time may be extended by the Governor. During this period of time, the indicted public official may, in writing, authorize the Governor or, if the Governor is the indicted public official, the Lieutenant Governor to suspend him from office. Any such voluntary suspension shall be subject to the same conditions for review, reinstatement, or declaration of vacancy as are provided in this Paragraph for a nonvoluntary suspension. (e) After any suspension is imposed under this Paragraph, the suspended public official may petition the appointing authority for a review. The Governor or, if the indicted public official is the Governor, the Lieutenant Governor may reappoint the commission to review the suspension. The commission shall make a written report within 14 days. If the commission recommends that the public official be reinstated, he shall immediately be reinstated to office. (f) The report and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose. The report and record of the commission shall not be open to the public. (g) The provisions of this Paragraph shall not apply to any indictment handed down prior to January 1, 1985. (h) If a public official who is suspended from office under the provisions of this Paragraph is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the public official shall be reinstated to office. The public official shall not be reinstated under this subparagraph if he is not so tried based on a continuance granted upon a motion made only by the defendant. 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.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that certain public officials may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony by this state and to provide for procedures and other matters relative thereto? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 4, 1984. DISCIPLINE, REMOVAL AND INVOLUNTARY RETIREMENT OF JUDGES. Proposed Amendment to the Constitution. No. 88 (Senate Resolution No. 267). A RESOLUTION Proposing an amendment to the Constitution so as to provide that a judge may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for

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procedures and other matters relative thereto; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article VI, Section VII of the Constitution is amended by striking therefrom Paragraph VII which reads as follows: Paragraph VII. Discipline, removal, and involuntary retirement of judges . Any judge may be removed, suspended, or otherwise disciplined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for conviction of a crime involving moral turpitude, or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation., and inserting in lieu thereof a new Paragraph VII to read as follows: Paragraph VII. Discipline, removal, and involuntary retirement of judges . (a) Any judge may be removed, suspended, or otherwise disciplined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for conviction of a crime involving moral turpitude, or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation. (b) (1) Upon indictment for a felony by a grand jury of this state or by a grand jury of the United States of any judge, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Judicial Qualifications Commission. The commission shall, subject to subparagraph (b)(2) of this Paragraph, review the indictment, and, if it determines that the indictment relates to and adversely affects the administration of the office of the indicted judge and that the rights and interests of the public are adversely affected thereby, the commission shall

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suspend the judge immediately and without further action pending the final disposition of the case or until the expiration of the judge's term of office, whichever occurs first. During the term of office to which such judge was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the judge shall be immediately reinstated to the office from which he was suspended. While a judge is suspended under this subparagraph and until final conviction, the judge shall continue to receive the compensation from his office. For the duration of any suspension under this subparagraph, the Governor shall appoint a replacement judge. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. (2) The commission shall not review the indictment for a period of 14 days from the day the indictment is received. This period of time may be extended by the commission. During this period of time, the indicted judge may, in writing, authorize the commission to suspend him from office. Any such voluntary suspension shall be subject to the same conditions for review, reinstatement, or declaration of vacancy as are provided in this subparagraph for a nonvoluntary suspension. (3) After any suspension is imposed under this subparagraph, the suspended judge may petition the commission for a review. If the commission determines that the judge should no longer be suspended, he shall immediately be reinstated to office. (4) The findings and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose. The findings and records of the commission shall not be open to the public. (5) The provisions of this subparagraph shall not apply to any indictment handed down prior to January 1, 1985. (6) If a judge who is suspended from office under the provisions of this subparagraph is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the judge shall be reinstated to office.

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The judge shall not be reinstated under this provision if he is not so tried based on a continuance granted upon a motion made only by the defendant. 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 a judge may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony by this state or by the United States and to provide for procedures and other matters relative thereto? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 4, 1984.

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GENERAL ASSEMBLY AUTHORIZED TO REVISE PENSION AND RETIREMENT LAWS. Proposed Amendment to the Constitution. No. 90 (Senate Resolution No. 274). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly by law to change previously existing public retirement or pension laws of this state to revise the provisions of said laws relating to retirement or pension benefits based on involuntary separation from employment as applied to present members of public retirement or pension systems; to provide restrictions on retirement or pension benefits based on involuntary separation from employment as applied to public retirement or pension systems created in the future; and to authorize the General Assembly by law to define part-time service, including but not limited to service as a member of the General Assembly, for the purposes of any previously existing public retirement or pension system or for any such system created in the future and to provide limitations on the use of such part-time service as creditable service under any such previously existing or future retirement or pension system; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article III, Section X of the Constitution is amended by adding at the end thereof a new Paragraph VI to read as follows: Paragraph VI. Involuntary separation; part-time service. (a) Any public retirement or pension system provided for by law in existence prior to January 1, 1985, may be changed by the General Assembly for any one or more of the following purposes: (1) To redefine involuntary separation from employment; or

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(2) To provide additional or revise existing limitations or restrictions on the right to qualify for a retirement benefit based on involuntary separation from employment. (b) The General Assembly by law may define or redefine part-time service, including but not limited to service as a member of the General Assembly, for the purposes of any public retirement or pension system presently existing or created in the future and may limit or restrict the use of such part-time service as creditable service under any such retirement or pension system. (c) Any law enacted by the General Assembly pursuant to subparagraph (a) or (b) of this Paragraph may affect persons who are members of public retirement or pension systems on January 1, 1985, and who became members at any time prior to that date. (d) Any law enacted by the General Assembly pursuant to subparagraph (a) or (b) of this Paragraph shall not be subject to any law controlling legislative procedures for the consideration of retirement or pension bills, including, but not limited to, any limitations on the sessions of the General Assembly at which retirement or pension bills may be introduced. (e) No public retirement or pension system created on or after January 1, 1985, shall grant any person whose retirement is based on involuntary separation from employment a retirement or pension benefit more favorable than the retirement or pension benefit granted to a person whose separation from employment is voluntary. 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: (1) Authorize the General Assembly by law to change previously existing public retirement or pension laws of this state to redefine involuntary separation from employment and to provide additional or revise existing limitations

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or restrictions on the right to qualify for a retirement or pension benefit based on involuntary separation from employment and to affect present members of public retirement or pension systems as a result of the revision of such laws; (2) Authorize the General Assembly by law to define or redefine part-time service, including but not limited to service as a member of the General Assembly, for the purposes of any previously existing or future public retirement or pension system and place limitations or restrictions on the use of part-time service as creditable service under any such system and to affect present members of any public retirement or pension system in connection therewith; and (3) Provide restrictions on retirement or pension benefits based on involuntary separation from employment as applied to public retirement or pension systems created in the future? 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 April 4, 1984.

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OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 10, 1984 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 421, 385, 246, 367 and Senate Resolution 431 which were passed by the General Assembly of Georgia at the 1984 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 the 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 10, 1984 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 1442, 1472, 1373, 1205, 358, 1029, 1067, 94, 886, 464, 199 and 1163 which were passed by the General Assembly of Georgia at the 1984 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 the 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. 13House Bill 1442 by Representatives Dover and Irvin This legislation relates to the appointment of judges of courts of municipalities to change the residence requirement for such judges. Because of a technical defect in the bill, the author has requested that this legislation be vetoed. Veto No. 14Senate Bill 421 by Senator Timmons This legislation provided that the Judge of the Probate Court of Calhoun County shall become the Chief Magistrate of the county. Because of a technical defect in the bill, the author has requested that this legislation be vetoed. Veto No. 15House Bill 1472 by Representatives Coleman, Buck and Richardson This legislation relates to the jurisdiction of campus police. The author of this legislation requested that this bill be vetoed since it is very similar to the language of a senate bill. The parties affected by the legislation decided to support the senate bill. Veto No. 16Senate Bill 385 by Senator Kidd This bill required the Board of Commissioners of Baldwin County to run from districts. Because of a technical defect in the legislation, the author of the bill has requested that this legislation be vetoed. Veto No. 17House Bill 1373 by Representatives Rainey, Murphy, Burruss and others This legislation would divest from counties and municipal corporations the ability to regulate the possession, ownership, transportation, carrying, transfer, sale, purchase or licensing of guns, firearms, ammunition or components of firearms and ammunition. However, this bill is flawed in that it contains an exemption for the City of Savannah from the requirements of this law so long as there is no change in its current local ordinance. I do not favor an exemption for one city in Georgia over others. Therefore, I am vetoing this legislation.

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Veto No. 18House Bill 1205 by Representatives Caldwell, Childers and McKelvey This bill reapportions Districts 15, 16, 28 and 34 of the House of Representatives. Originally, this bill affected only the City of Rome, Georgia, and Floyd County, changing legislative Districts 15 and 16. However, an amendment was placed on this bill at the end of the session changing the configuration of House Districts 28 and 34. While the original legislation was approved by the House Reapportionment Committee before passage by the House, the amendment was neither presented to the House Reapportionment Committee nor to the Fulton County Delegation. I have been requested by the House Reapportionment Committee, the Fulton County Delegation, and the author to veto this bill. Veto No. 19House Bill 358 by Representatives Watson, Adams, Edwards and others This legislation would limit the number of retail package liquor store licenses to a maximum of one license per 3,000 people with the exception that each city or county may issue a minimum of two licenses. The legislation grandfathers in all existing licenses issued by cities and counties to further restrict the number of licenses on a population basis. While the expressed intent of the bill, to place a limit on the number of liquor stores in Georgia, is one with which I concur personally, nevertheless I believe the competitive market should make such a determination. Enactment of this legislation could create a monopoly for existing liquor store owners. Local governments in Georgia have long controlled the licensing of liquor stores, and I do not feel that it is appropriate for the state to begin now to erode that authority. Therefore, I am vetoing this legislation. Veto No. 20House Bill 1029 by Representatives Allen, Triplett, Hamilton and others This legislation makes it unlawful for any parent or guardian knowingly to allow or permit a child under the age of 17 to loiter

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or remain in a public place between midnight and 5:00 a.m. unless he is accompanied by an adult or has a legitimate excuse. The bill contains no definition of a legitimate excuse, thus the measure would be completely unenforceable. Therefore, I am vetoing this legislation, but at the same time, I would like to commend the author of this bill for his well-intentioned efforts to encourage parental responsibility and provide protection for children during the hours when they are most likely to encounter harm if allowed to roam unattended. Veto No. 21Senate Bill 246 by Senators Huggins, Bond, Tate and others This legislation creates a state record-keeping system to provide juvenile court judges in each county with information regarding prior convictions of a juvenile. This would supplement the voluntary system presently used by juvenile court judges. During consideration of this measure, an amendment was added which would automatically seal the juvenile's record within six months of his eighteenth birthday, despite any previous record. In contrast, under current law, a record may be sealed two years after the juvenile is released from the system. While it is the aim of the law to seal the record of a minor who corrects his life after a juvenile problem, it is equally apparent that the record of a juvenile who continues his life of crime after the age of majority is relevant and most informative to the legal community. This is true not only in investigating any future crimes, but also in making appropriate decisions regarding the safety and welfare of the person. The automatic sealing of records in no way takes into account the needs of the adult systems when a juvenile continues his life of crime into adulthood. Existing law leaves to a qualified juvenile judge the decision as to whether information can be obtained by law enforcement officers. I support the current law; therefore, I must veto this legislation. Veto No. 22House Bill 1067 by Representatives Barnes, Padgett, Cheeks and others This legislation refers to purchase contracts awarded by the

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Department of Administrative Services. It expands the requirement that they go to the lowest bidder to provide that when comparing bids of a non-resident vendor with a resident vendor, the Department shall reduce the resident vendor's bid by the percentage equal to the percentage reduction, if any, which the non-resident vendor's state applies to give preference to that state's resident vendor. While this legislation is meant to protect Georgia vendors who must compete in other states against preferential treatment given to that state's residents, it is a further restriction of a normal competitive market. Additionally, the measure contains no definition of a resident of this state, a question with which other states with preferential laws have wrestled unsuccessfully until it was decided by the courts. Furthermore, a determination by the Department of Administrative Services as to how to apply to such preferential treatment would prove totally unmanageable. For these many reasons, I am vetoing this legislation. Veto No. 23Senate Bill 367 by Senators McGill, Walker, Kennedy and others This legislation would prohibit refiners, producers or manufacturers of automotive gasoline from opening or operating a retail gasoline station after July 1, 1985, unless they own the stations prior to February 20, 1984. This bill sets a dangerous precedent in that it is an attempt to place limits on the free enterprise system and, in effect, restrict the competitive market. As a businessman myself, I am sympathetic to the needs and concerns of small businessmen who contend that major oil companies undercut the prices dealers can offer at their stations with lower prices at company-owned service stations. However, my experience as a businessman also leads me to reject any effort to set conditions on the marketplace. Signing this bill would send the wrong message to the business community, both in Georgia and across the nation. No matter how helpful such legislation might be in the short run, in the long run, such restrictions would not be conducive to a health economy. In fact, the concept embodied in this measure might easily be expended to include other business products in the future with only a few changes in the wording. Georgia

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is known for its pro-business attitude which plays an important role in the continued investment activity and solid expansion of our economy. With these considerations in mind, I am vetoing this legislation. Veto No. 24House Bill 94 by Representative Selman This bill affecting the Peace Officers' Annuity and Benefit Fund allows the payment of disability benefits to peace officers who were previously members of POAB and who, upon becoming disabled, were denied disability benefits. This bill allows one person, who has now retired, to receive benefits from the retirement fund. Since this bill does not require the person affected to perform any employment duties or make any employee contributions after its effect, the bill is unconstitutional as a gift or gratuity granted by the state. Consequently, I am vetoing this bill. Veto No. 25Senate Resolution 431 by Senator Reddish This resolution requested that the Department of Transportation designate the Owen G. Lee Parkway. At the request of the author, this resolution was vetoed. Veto No. 26House Bill 886 by Representative Dobbs This bill requires all state agencies to pay all properly submitted invoices for the sale or lease of real or personal property or the sale of services within seven to 30 days of their receipt, depending upon the item purchased. Interest in the amount of one percent per month must be paid from agency funding, if payment is delayed. As a businessman, I know the problems caused by delays in payments. We must strive, at the state level, to make prompt payments to our vendors. However, this is a matter that does not need to be addressed by legislation. State agencies, as with private businesses in our state, must be left free to deal on the open market without competitive restrictions. There are advantages and disadvantages to dealing with the state, and these are allowed for in the competitive bids of the vendors. As with bills restricting trade, I must similarly veto this legislation.

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Veto No. 27House Bill 464 by Representatives Ware, Wood and Auten This bill amended certain provisions of the insurance code. Because of a technical defect, the author has requested that I veto this bill. Veto No. 28House Bill 199 by Representatives Greer, Adams, Daugherty and others This legislation would delete the existing requirement that Supreme Court justices and Court of Appeals' judges retire at 70 years of age or else forfeit their retirement benefits. Also included in this measure are Superior Court judges who now must retire at the end of the term of office in which they reach the age of 70 or forfeit retirement benefits. The mandatory retirement age was implemented for good cause several years ago. While many people in our society can and do maintain fruitful careers past the age of 70, age is nevertheless a limiting factor for others. I do not believe eliminating this requirement is in the best interests of the people of Georgia in the long run. I also contend that this bill is flawed in that it contains no limit on the age to which a judge or Justice may continue to serve. Therefore, I must veto this legislation. Veto No. 29House Bill 1163 by Representatives Thomas, Johnson and Bolster This legislation provides for an exemption to local zoning restrictions to allow day care centers with six or fewer children to be located in residential areas. The intention of this bill is to facilitate the establishment of additional day care centers in residential areas to accommodate the multitude of children who need the service. Although the purpose of this bill is laudable, the bill itself is unconstitutional in that it attempts to restrict city and county governmental authorities in their zoning power, authority which is not proper for the General Assembly under our State's Constitution. As a result of this fact, I am vetoing this legislation, but at the same time, I am requesting local governments to consider

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the intention of the General Assembly in making future decisions regarding zoning questions.

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COUNTIES AND SUPERIOR COURT CIRCUITS

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APPELLATE COURTS SUPREME COURT OF GEORGIA As of April 3,1984 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 April 3, 1984 WILLIAM LeROY McMURRAY, JR. Chief Judge BRASWELL D. DEEN, JR. Presiding Judge J. KELLEY QUILLIAN Presiding Judge HAROLD R. BANKE Presiding Judge ANDREW W. BIRDSONG, JR. Judge GEORGE H. CARLEY Judge JOHN W. SOGNIER Judge MARION T. POPE, JR. Judge ROBERT BENHAM Judge ALTON HAWK Clerk GUY M. MASSEY Reporter W. SCOTT HENWOOD Assistant Reporter

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SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS AND CALENDAR As of April 3, 1984 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 AtkinsonFirst Monday in April and October BerrienFirst Monday in February and August ClinchThird Monday in March and September CookSecond Monday in January and July LanierFourth Monday in April and October 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 APPALACHIAN CIRCUIT. HONS. BOBBY C. MILAM, Judge, Fannin County Courthouse GEORGE W. WEAVER, D.A., Pickins County Courthouse FanninSecond Monday in March and November; first Monday in June GilmerSecond Monday in February and October; first Monday in May PickensSecond Monday in January, April and September ATLANTA CIRCUIT. HONS. OSGOOD O. WILLIAMS, Chief Judge, Fulton County Courthouse LUTHER ALVERSON, SAM PHILLIPS McKENZIE, JOHN S. LANGFORD, JOEL J. FRYER, RALPH H. HICKS, FRANK M. ELDRIDGE, WILLIAM W. DANIEL, ISAAC JENRETTE, CLARENCE COOPER, PHILIP F. ETHERIDGE, Judges, Fulton County Courthouse LEWIS R. SLATON, D.A., Fulton County Courthouse FultonFirst Monday in January, March, May, July, September and November

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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 Tattnall: Third Monday in April and October 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 ForsythFourth Monday in March and July; second Monday in November 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 DevisFirst and second Monday in March, fourth Monday in September; first Monday in October WayneThird and fourth Monday in April and November

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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 MarionFourth Monday in April and October MuscogeeFirst Monday in February, April, June, August, October and December TalbotSecond Monday in March and November; third Monday in August TaylorSecond Monday in February, June and October 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., WILLIAM T. BOYETT, Judges, Whitfield County Courthouse STEPHEN A. WILLIAMS, D.A., Whitfield County Courthouse MurraySecond Monday in February and August WhitfieldSecond Monday in January and July

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CORDELE CIRCUIT. HONS. WHITFIELD R. FORRESTER, Chief Judge, Crisp County Courthouse G. MALLON FAIRCLOTH, Judge, Crisp County Courthouse GARY C. CHRISTY, D.A., Dooly County Courthouse Ben HillSecond and third Monday in January; first and second Monday in April; third and fourth Monday in June; and 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 and November; second and third Monday in August. DoolyFourth Monday in January; and Monday following the third and fourth Monday in April, July and October. WilcoxSecond and third Mondays in March; fourth Monday in August and Monday following; first and second Monday in December. 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 February, May and August; first Monday in November 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

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EASTERN CIRCUIT. HONS. GEORGE E. OLIVER, Chief Judge, Chatham County Courthouse FRANK S. CHEATHAM, JR., PERRY BRANNEN, JR., EUGENE H. GADSDEN, Judges, Chatham County Courthouse SPENCER LAWTON, JR., D.A., Chatham County Courthouse ChathamFirst Monday in March, June, September and December FLINT CIRCUIT. HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse 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. REID MERRITT, Chief Judge, Gwinnett County Courthouse HOMER M. STARK, K. DAWSON JACKSON, JAMES ALLEN HENDERSON, 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

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LOOKOUT MOUNTAIN CIRCUIT. HONS. JOSEPH E. LOGGINS, Chief Judge, Chatooga County Courthouse GARY B. ANDREWS, Judge, Walker County Courthouse JOSEPH B TUCKER, Judge, Catoosa 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 MACON CIRCUIT. HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse WALKER P. JOHNSON, JR., TOMMY DAY WILCOX, 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 and August; fourth Monday in April RabunThird Monday in February; fourth Monday in May and 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

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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 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; fourth Monday in July FranklinThird Monday in March and September HartThird Monday in February and August 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, August, and November 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. 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

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OGEECHEE CIRCUIT. HONS. FAYE SANDERS MARTIN, Chief Judge, Bulloch County Courthouse WILLIAM J. NEVILLE, Judge, Bulloch County Courthouse J. LANE JOHNSTON, D.A., Bulloch County Courthouse BullochFirst Monday in February, May, August and November EffinghamFirst Monday in June; and December JenkinsFirst Monday in March and September ScrevenSecond Monday in January; first Monday in April, July and October PATAULA CIRCUIT. HONS. 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

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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 SOUTHERN CIRCUIT. HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County Courthouse ROY MILLER LILLY, Judge, Thomas County Courthouse H. ARTHUR McLANE, Judge, Lowndes 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 first 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, KEEGAN 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 and September; first Monday in December PauldingFirst Monday in February; third Monday in May and October PolkSecond Monday in January; fourth Monday in April and September

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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 Courthouse ClarkeSecond Monday in January, April, July and October OconeeSecond Monday in March and September

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INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Appointment of State School Superintendent 1716 Certain Local Laws Required to be Approved by Referendum 1709 Community Improvement Districts, Creation Authorized 1703 Disabled Veterans Homestead Exemption 1707 Discipline, Removal and Involuntary Retirement of Judges 1722 General Assembly Authorized to Revise Pension and Retirement Laws 1726 General Obligation Debt for Library Facilities 1713 Governors' Retirement Benefits Based on Involuntary Separation Limited 1714 Preferential Assessment of Agricultural Land; Classes of Persons Entitled 1711 Suspension of Certain Public Officials Upon Being Indicted For a Felony 1719 OFFICIAL CODE OF GEORGIA ANNOTATED Code Revision Amendment 22 Code Section 1-4-1; amended 1274 Code Title 2, Chapter 2; amended 1152 Code Section 2-3-5; amended 898 Code Title 2, Chapter 7; amended 1021 Code Section 2-7-102; amended 890 Code Title 3, Chapter 3; amended 790 Code Section 3-3-7; amended 1683 , 1685 , 1691 Code Section 3-3-20; amended 1688 Code Title 3, Chapter 5; amended 790 Code Chapter 3-6; amended 375 Code Title 3, Chapter 6; amended 1142 Code Section 4-4-113; amended 389 Code Section 4-10-7.1; enacted 1216 Code Section 4-10-7.2; enacted 1216 Code Section 5-5-47; amended 415 Code Title 5, Chapter 6; amended 599 Code Section 5-6-45; amended 413 Code Title 7, Chapter 1; amended 949 Code Title 7, Chapter 1; amended 1467 Code Title 7, Chapter 2; amended 952 Code Title 7, Chapter 4; amended 949 Code Title 8, Chapter 2; amended 1244 Code Sections 8-2-70 through 8-2-75; repealed 1227 Code Sections 8-2-200 through 8-2-222; enacted 1160 Code Title 8, Chapter 3; amended 1374 Code Title 9, Chapter 2; amended 597 Code Section 9-3-90; amended 580 Code Section 9-10-34; enacted 1149 Code Section 9-10-72; amended 966 Code Title 9, Chapter 11; amended 597 Code Section 9-12-60; amended 912 Code Title 10, Chapter 1; amended 522 Code Section 10-1-234; amended 1679 Code Section 10-1-393; amended 463

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Code Section 10-1-404; amended 441 Code Section 10-1-451; amended 944 Code Title 10, Chapter 5; amended 529 Code Title 12; amended 404 Code Section 12-3-10; amended 374 Code Section 12-3-193; amended 501 Code Section 12-3-233; amended 430 Code Section 12-3-339; amended 841 Code Chapter 12-4; amended 398 Code Title 12, Chapter 5; amended 454 Code Section 12-5-179; amended 1074 Code Section 12-6-63; amended 445 Code Section 12-8-122; amended 876 Code Title 14, Chapter 2; amended 514 Code Section 14-2-63; amended 1319 Code Title 14, Chapter 8; amended 1439 Code Section 14-17-31; amended 504 Code Section 15-5-50; enacted 1149 Code Section 15-6-2; amended 434 , 451 , 469 , 472 Code Section 15-6-3; amended 331 , 351 , 439 , 440 , 498 Code Section 15-6-28.1; amended 702 Code Section 15-6-77.2; amended 500 Code Section 15-6-77.3; enacted 617 Code Section 15-6-88; amended 589 Code Section 15-6-89; amended 436 Code Section 15-7-24; amended 388 Code Section 15-9-86.1; enacted 970 Code Title 15, Chapter 10; amended 1096 Code Section 15-10-20; amended 442 Code Title 15, Chapter 11; amended 565 , 794 Code Section 15-11-35; amended 894 Code Section 15-11-57; amended 562 Code Title 15, Chapter 12; amended 1697 Code Section 15-12-7; amended 616 Code Title 15, Chapter 16; amended 783 Code Section 15-16-1; amended 579 , 1369 Code Section 15-16-20; amended 519 Code Section 15-16-26; amended 1279 Code Section 15-16-28; enacted 536 Code Title 15, Chapter 18; amended 842 , 1182 Code Title 15, Chapter 21; amended 842 Code Title 16, Chapter 5; amended 900 Code Section 16-5-3; amended 397 Code Title 16, Chapter 6; amended 1495 Code Section 16-6-4; amended 685 Code Section 16-7-44; amended 1489 Code Title 16, Chapter 8; amended 900 Code Section 16-9-20; amended 1435 Code Section 16-11-129; amended 935 , 1388 Code Title 16, Chapter 12; amended 1495 Code Title 16, Chapter 13; amended 1019

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Code Title 17, Chapter 6; amended 760 Code Section 17-6-1(e); enacted 679 Code Title 17, Chapter 10; amended 760 Code Section 17-10-1; amended 894 Code Title 17, Chapter 12; amended, Article 4; enacted 495 Code Chapter 18-4; amended 370 Code Section 18-4-23; amended 1319 Code Section 19-2-4; amended 612 Code Section 19-3-30; amended 1192 Code Section 19-6-19; amended 606 Code Section 19-8-18; amended 1433 Code Section 19-11-8(c); repealed 567 Code Section 19-11-42; amended 613 Code Section 19-11-61; amended 387 Code Section 19-13-3; amended 542 Code Title 20, Chapter 2; amended 908 , 1201 , 1266 , 1692 Code Section 20-2-54.1; enacted 641 Code Section 20-2-151; amended 643 Code Section 20-2-520; amended 373 Code Section 20-2-833; enacted 727 Code Title 20, Chapter 3; amended 721 Code Section 20-3-69; repealed 657 Code Section 20-4-100; enacted 571 Code Title 20, Chapter 5; amended 1005 Code Section 20-8-1; amended 596 Code Section 20-11-7; enacted 1675 Code Title 21; amended 133 Code Section 21-1-2; amended 1177 Code Title 21, Chapter 2; amended 1 , 565 , 637 , 674 , 675 , 677 , 922 , 1038 , 1087 , 1372 , 1490 Code Section 21-2-2; amended 696 Code Section 21-2-5; amended 636 Code Section 21-2-45; enacted 680 Code Section 21-2-132; amended 780 Code Section 21-2-218; amended 635 , 1430 Code Section 21-2-234; amended 694 Code Title 21, Chapter 3; amended 1 , 661 , 674 , 675 , 677 , 922 , 1038 , 1087 , 1372 , 1490 Code Section 21-3-10; amended 826 Code Section 21-3-34; amended 1376 Code Section 21-3-133; amended 860 Code Section 21-3-405; amended 634 Code Title 21, Chapter 5; amended 764 Code Section 21-5-5; amended 1100 Code Title 22, Chapter 2; amended 982 Code Section 24-10-27; amended 964 Code Title 25, Chapter 2; amended 1160 Code Title 25, Chapter 3; amended 1000 Code Title 25, Chapter 11; amended 824 Code Title 27; amended 404 , 537 Code Title 27, Chapters 2 and 3; amended 568

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Code Section 27-2-25.1; enacted 549 Code Title 27, Chapter 3; amended 802 Code Section 27-3-1; amended 546 Code Chapter 27-4; amended 416 Code Section 27-4-112; amended 801 Code Section 28-1-2; amended 602 Code Section 28-2-1; amended 1071 Code Section 28-2-2; amended 394 Code Section 28-3-20; amended 656 Code Chapter 28-4; amended 359 Code Title 28, Chapter 5; amended 608 Code Section 28-8-1; amended 431 Code Section 29-2-4; amended 974 Code Section 29-2-84; amended 937 , 1321 Code Section 30-2-3; amended 1017 Code Title 30, Chapter 3; amended 1255 Code Title 30, Chapter 5; amended 785 Code Title 31, Chapter 3; amended 1325 Code Section 31-1-6; enacted 1034 Code Title 31, Chapter 7; amended 585 , 1654 Code Section 31-7-7; amended 967 Code Section 31-7-11; amended 649 Code Section 31-7-11; enacted 778 Code Section 31-7-74; amended 874 Code Section 31-7-131; amended 699 Code Title 31, Chapter 8; amended 1389 Code Section 31-10-13; amended 1015 Code Section 31-13-15; amended 1428 Code Title 31, Chapter 31; amended 1223 Code Title 31, Chapter 32; enacted 1477 , 1680 Code Title 32, Chapter 6; amended 621 Code Title 33; amended 1080 Code Section 33-7-11; amended 839 Code Title 33, Chapter 8; amended 1284 , 1294 Code Title 33, Chapter 22; amended 1345 Code Title 33, Chapter 24; amended 1345 Code Section 33-24-28.1; amended 777 Code Title 33, Chapter 34; amended 1221 , 1333 Code Section 33-34-3; amended 516 Code Section 33-34-10; amended 697 Code Title 34, Chapter 2; amended 1152 Code Section 34-4-3; amended 1324 Code Title 34, Chapter 8; amended 861 Code Title 34, Chapter 9; amended 816 Code Section 34-9-2.2; enacted 1218 Code Section 34-10-16; amended 393 Code Title 34, Chapter 11; enacted 1227 Code Title 35, Chapter 1; amended 690 Code Section 35-1-4; amended 632 Code Section 35-2-43; amended 895

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Code Title 35, Chapter 3; amended 690 Code Section 35-8-20; enacted 1210 Code Section 36-1-2; amended 131 Code Section 36-1-15; amended 505 Code Section 36-1-20; enacted 1086 Code Title 36, Chapter 19; enacted 1337 Code Section 36-36-22.1; enacted 976 Code Section 36-41-4; amended 337 Code Section 36-42-9; repealed 941 Code Section 36-60-11; enacted 1432 Code Title 36, Chapter 63; amended 1694 Code Title 36, Chapter 81; amended 818 Code Title 36, Chapter 82; amended 1362 Code Section 36-82-160; enacted 941 Code Section 37-3-102; amended 756 Code Section 37-7-166; amended 594 Code Title 37, Chapter 9; amended 968 Code Title 40, Chapter 2; amended 1199 , 1329 Code Section 40-2-20; amended 603 Code Section 40-2-25; amended 609 Code Section 40-2-29.2; enacted 1677 Code Section 40-2-71.1; amended 423 Code Section 40-2-73; amended 433 Code Title 40, Chapter 3; amended 1194 Code Section 40-3-2; amended 781 Code Title 40, Chapter 5; amended 797 , 1329 Code Section 40-5-26; amended 1070 Code Section 40-5-52; amended 614 Code Section 40-5-100; amended 1674 Code Title 40, Chapter 6; amended 1263 , 1329 Code Title 40, Chapter 8; amended 1329 Code Section 40-8-73.1; amended 1211 Code Section 40-8-90; amended 1192 Code Title 40, Chapter 11; amended 548 Code Section 40-13-32; enacted 1144 Code Section 40-14-1; amended 502 Code Title 40, Chapter 15; enacted 646 Code Section 42-2-9; amended 940 Code Title 42, Chapter 5; amended 639 Code Section 42-5-18; amended 593 Code Section 42-5-36; amended 1361 Code Section 42-5-51; amended 604 Code Section 42-5-60; amended 651 Code Chapter 42-8; amended 367 Code Section 42-8-35.1; amended 446 Code Section 42-8-36; amended 1317 Code Section 42-8-71; amended 592 Code Title 42, Chapter 9; amended 689 Code Section 42-9-42; amended 775 Code Title 43, Chapter 1; amended 552 Code Section 43-1-5; amended 704

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Code Chapter 43-4; amended 448 Code Section 43-4-11; amended 595 Code Title 43, Chapter 6; amended 1084 Code Section 43-6-26; amended 438 Code Title 43, Chapter 7A; enacted 1406 Code Title 43, Chapter 9; amended 913 Code Section 43-10-14; amended 581 Code Title 43, Chapter 11A; enacted 1377 Code Title 43, Chapter 14; amended 1129 Code Title 43, Chapter 15; amended 1146 Code Title 43, Chapter 18; amended 511 Code Title 43, Chapter 20; amended 1119 Code Title 43, Chapter 21; amended 924 Code Title 43, Chapter 29; amended 513 Code Title 43, Chapter 34; amended 1067 Code Section 43-34-21; amended 1465 Code Section 43-34-103; amended 611 Code Title 43, Chapter 38; amended 1338 Code Title 43, Chapter 39; amended 503 Code Title 43, Chapter 40; amended 844 Code Section 43-41-20; amended 452 Code Section 43-42-2; amended 425 Code Section 43-42-7; amended 647 Code Section 43-48-3; amended 535 Code Section 43-50-52; amended 544 Code Title 44, Chapter 2; amended 1335 Code Title 44, Chapter 5; amended 1124 Code Section 44-5-142; amended 1036 Code Title 44, Chapter 6; amended 1335 Code Section 44-6-90; enacted 792 Code Title 44, Chapter 7; amended 892 Code Section 44-7-19; enacted 1079 Code Section 44-7-56; amended 859 Code Title 44, Chapter 12; amended 575 Code Section 44-12-199; amended 517 Code Title 44, Chapter 14; amended 572 , 892 Code Section 44-14-65; repealed 132 Code Section 44-14-363; amended 561 Code Title 44, Chapter 15; enacted 831 Code Title 45, Chapter 3; amended 565 Code Section 45-5-6; amended 1279 Code Chapter 45-7; amended 427 Code Section 45-7-4; amended 444 Code Section 45-7-4; amended 717 , 808 Code Section 45-7-72; amended 851 Code Title 45, Chapter 9; amended 762 Code Title 45, Chapter 10; amended 1196 Code Section 45-10-24; amended 1122 Code Section 45-10-25; amended 1204 Code Section 45-10-60; enacted 619 Code Chapter 45-12; amended 359

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Code Section 45-14-10; repealed 1152 Code Section 45-15-30; amended 1359 Code Title 45, Chapter 16; amended 812 Code Title 45, Chapter 17; amended 1105 Code Section 45-18-5.2; enacted 720 Code Section 45-18-7.1; enacted 543 Code Chapter 45-20; amended 427 Code Section 45-20-2; amended 467 Code Section 45-20-15; amended 583 Code Section 45-20-31; enacted 907 Code Title 46, Chapter 1; amended 1394 Code Title 46, Chapter 5; amended 1152 Code Section 46-5-131; enacted 652 Code Title 46, Chapter 7; amended 1394 Code Title 46, Chapter 9; amended 693 Code Title 47; amended 810 Code Section 47-1-8; enacted 758 Code Title 47, Chapter 2; amended 1296 Code Section 47-2-110; amended 1487 Code Section 47-2-123.1; enacted 1309 Code Title 47, Chapter; amended 990 , 998 , 1314 Code Section 47-3-21; amended 1155 Code Section 47-4-22; amended 827 Code Title 47, Chapter 5; amended 1041 Code Title 47, Chapter 7; amended 990 Code Section 47-7-20; amended 828 Code Title 47, Chapter 10; amended 1179 Code Section 47-11-20; amended 932 Code Section 47-14-20; amended 929 Code Section 47-16-21; amended 507 Code Title 47, Chapter 17; amended 996 Code Section 47-17-20; amended 926 Code Title 48; amended 352 Code Title 48, Chapter 1; amended 1323 Code Section 48-3-12; amended 948 Code Section 48-4-2; amended 660 Code Section 48-4-22; enacted 904 Code Section 48-4-42; amended 1016 Code Title 48, Chapter 5; amended 1058 Code Section 48-5-7.1; amended 686 Code Section 48-5-41; amended 520 , 1253 Code Section 48-5-48.1; amended 1371 Code Section 48-5-52; amended 1497 Code Section 48-5-141; amended 962 Code Section 48-5-220; amended 807 Code Section 48-5-350; amended 805 Code Section 48-5-470.1; enacted 788 Code Section 48-6-2; amended 936 Code Title 48, Chapter 7; amended 1323 , 1644 Code Section 48-7-29.2; enacted 715 Code Section 48-7-57.1; enacted 357

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Code Section 48-8-3; amended 1466 Code Section 48-10-2; amended 896 Code Section 48-13-5; amended 591 Code Section 48-14-3; amended 818 Code Section 49-4-101; amended 1426 Code Section 49-4-142; amended 1647 Code Title 49, Chapter 5; amended 1397 Code Section 49-10-2; amended 365 Code Section 50-5-142; amended 903 Code Section 50-6-26; amended 1004 Code Title 50, Chapter 8; amended 653 Code Section 50-8-2; amended 1177 Code Section 50-8-4; amended 378 Code Section 50-10-3; amended 420 Code Chapter 50-12; amended 381 Code Section 50-13-4; amended 1219 Code Section 50-19-1; amended 1077 Code Title 50, Chapter 22; enacted 1648 Code Section 52-7-8; amended 1203 Code Section 52-7-13; amended 422 Code Section 53-1-4; enacted 1036 Code Title 53, Chapter 2; amended 834 Code Title 53, Chapter 3; amended 834 Code Section 53-3-11; amended 681 Code Section 53-3-12; amended 658 Code Title 53, Chapter 6; amended 937 Code Section 53-7-140; amended 937 Code Section 53-8-34; amended 974 Code Section 53-10-2; amended 937 COURTS SUPREME COURT Compensation of Justices 444 COURT OF APPEALS Compensation of Judges 444 SUPERIOR COURTS Atlanta Circuit; additional judge 451 Berrien County; mode of compensating clerk changed 4168 Bleckley County; compensation of clerk 4071 Brooks County; method of compensating clerk changed 3724 Bulloch County; compensation of clerk's employees 4017 Butts County; compensation of clerk 4005 Catoosa County; clerk's office; allowance for clerical help 4494 Chatham County; clerk to serve as clerk of Probate Court 4438 Chattahoochee Circuit; assistant district attorney, maximum compensation 711

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Chattahoochee Circuit; judges' salary supplement by Muscogee County 4157 Chattahoochee Circuit; salary supplement of district attorney by Columbus-Muscogee County 713 Clayton Circuit; number of judges increased 469 Clayton County; compensation of sheriff, clerk and deputy clerk 4210 Clerks; costs in certain counties (450,000 or more) 500 Clerks; fees in certain counties (350,000 or more) 617 Clerks; minimum annual salary 589 Clerks; minimum compensation of certain clerks changed 436 Cobb Circuit; investigators, appointment and compensation 348 Cobb Circuit; number of assistant district attorneys increased 5188 Cobb Circuit; number of judges, compensation and expense allowances 434 District Attorneys; duty to collect fines and forfeitures; law repealed 842 Douglas Circuit terms 498 Flint Circuit; county supplements to salaries of judges, district attorney and chief assistant 705 Floyd County; compensation of clerk, periodic increases 4402 Gilmer Superior Court; terms changed 331 Gwinnett County; supplemental compensation for judges 3868 Houston Circuit; number of judges increased 472 Jones County; clerk, method of compensating changed 3740 Lamar County; mode of compensating clerk changed 3904 Law Clerks authorized in certain circuits 702 Lincoln County; terms changed 351 Macon Circuit; salary supplements of judges and district attorney 343 McDuffie County; clerk, compensation 4527 McIntosh County; grand juries, drawing and length of terms 4054 Muscogee County; compensation of clerk and chief deputy clerk 4314 Muscogee County; salary supplement of judges 4157 Rockdale County; compensation of clerk 4152 Salaries and fees; judges and district attorneys 808 Sheriffs; minimum annual salaries; additional compensation for certain services 783 Southern Circuit; county supplements to judges' salaries 852 South Georgia Circuit; supplemental compensation of judges 983 Southwestern Circuit; Stewart County terms changed 440 Southwestern Circuit; terms of Webster Superior Court changed 439 Tallapoosa Circuit; district attorney's supplemental expense allowance 339 Walker County; maximum compensation of clerk's office personnel 5186 Webster County; terms changed 439 Western Circuit; county supplements to judges' compensation, additional judge 723 White County; clerk, manner of compensating changed 4497 Wilcox County; manner of compensating clerk changed 4141 Wilkinson County; manner of compensating clerk changed 3983 JUVENILE COURTS Cobb County; compensation of judge 4364 Judges, appointment, commissioning by Secretary of State 565 Protective Orders 562

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PROBATE COURTS Bleckley County; compensation of judge 4057 Bulloch County; compensation of clerk 4020 Chatham County; act relating to compensation of clerk repealed 4438 Clayton County; appeals, jury trials, etc. 5268 Clayton County; compensation of judge 4180 Cobb County; additional deputy clerk 4385 Cobb County; compensation of clerk changed 3846 Gilmer County; salary of judge changed 3969 Jones County; compensation of judge and court personnel 4083 Minimum compensation of probate judges serving as chief magistrate 442 Muscogee County; compensation of judge 4316 Orders setting date for response to petitions; granting petitions without hearing 970 Richmond County; certain restrictions on judge emeritus removed 4242 Rockdale County; compensation of judge 4035 Towns County; judge's operating expenses subject to approval of governing authority 4125 Union County; compensation and allowances of judge 4705 Walker County; maximum compensation of personnel changed 5236 Wilkinson County; salaries of judge and employees, periodic increases 5233 STATE COURTS Bacon County; court created, terms, practice, procedure, etc. 5191 Baldwin County; compensation of judge and solicitor 3817 Burke County; expense allowance of solicitor 3755 Chatham County; appointment of clerk provided for 3862 Chatham County; position of sheriff abolished 4175 Chattooga County; act creating amended 4488 Clayton County; authority and duties of clerk and deputy clerks 4177 Clayton County; compensation of judges 4306 Clayton County; solicitor, restrictions on private practice, salary 4182 Cobb County; compensation of judge 4387 Cobb County; second division created 4256 DeKalb County; additional assistant solicitor 4343 Fulton County; office of chief clerk created 4052 Glynn County; compensation of clerk 3542 3542 Gwinnett County; compensation of judges changed 3875 Jeff Davis County; court created, jurisdiction, procedure, etc. 5257 Jefferson County; compensation of judge and solicitor, terms of court 3911 Johnson County; state court abolished 4164 Muscogee County; compensation of judge, solicitor and assistant solicitor 4447 Solicitors, legal experience qualifications changed 388 Spalding County; compensation of judge and solicitor 4201 Tattnall County; compensation of clerical assistant to solicitor 3990 Troup County; compensation of judge and solicitor 3962 Troup County; drawing, summoning and impaneling jurors 4047

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SMALL CLAIMS COURTS Troup County; salary of judge 3960 MAGISTRATE COURTS Bryan County; manner of appointment of magistrates 4162 Butts County; manner of appointing magistrates, compensation 4308 Calhoun County; probate judge designated chief magistrate 3880 Candler County; manner of appointment of magistrates 4199 Chatham County; election of chief magistrate, etc. 4422 Chattooga County; probate judge designated chief magistrate 4198 Clarke County; qualifications, salary of chief magistrate 3649 Clayton County; manner of appointing chief magistrate, etc. 4411 Colquitt County; manner of appointment and term of chief magistrate 4190 Cook County; judge of probate court designated chief magistrate 4090 Dodge County; manner of appointment and term of chief magistrate 4196 Dooly County; manner of selecting chief magistrate 3864 Dougherty County; terms of magistrates 4694 Douglas County; provisions for practice, procedure, etc. 3952 Early County; probate judge designated chief magistrate 4645 Echols County; judge of probate court designated chief magistrate 3727 Evans County; manner of appointment of chief magistrate 3882 Forsyth County; probate judge designated chief magistrate, etc. 4293 Fulton County; appointment of part-time magistrates 4952 Greene County; probate judge designated chief magistrate 4633 Habersham County; costs to include law library fees 4647 Hancock County; appointment of chief magistrate 3805 Houston County; selection and compensation of magistrates 3652 Jasper County; appointment, compensation, etc. of chief magistrate 3785 Jefferson County; appointment of magistrates provided for 3917 Jenkins County; chief magistrate, how appointed 4111 Johnson County; manner of selecting chief magistrate 4006 Lamar County; appointment of magistrates 4561 Laurens County; election of chief magistrate, qualifications, etc. 4638 Law amended 1096 Liberty County; manner of selecting magistrates changed 3770 Long County; manner of appointment of chief magistrate 4696 Lumpkin County; term of office of chief magistrate, election of successor 3777 Marion County; probate judge designated chief magistrate 4605 McDuffie County; appointment of chief magistrate, etc. 4524 Miller County; probate judge designated chief magistrate 4529 Minimum compensation of probate judges serving as chief magistrate 442 Montgomery County; probate judge designated chief magistrate, compensation, etc. 4379 Morgan County; appointment of constables, law library fees 4398 Murray County; selection of magistrates, compensation 4061 Muscogee County; judge of municipal court of Columbus and Muscogee County designated chief magistrate 4109 Newton County; probate judge designated chief magistrate, etc. 5132 Oconee County; judge of probate court designated chief magistrate 4043

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Pulaski County; appointment of chief magistrate, terms of office, etc. 4100 Putnam County; appointment of chief magistrate provided for 3788 Quitman County; probate judge designated chief magistrate 3978 Randolph County; appointment, terms and compensation of magistrates 3638 Richmond County; provisions for court 4467 Seminole County; judge of probate court designated chief magistrate 3834 Spalding County; costs, practice and procedure 4531 Talbot County; probate judge designated chief magistrate 4709 Taliaferro County; judge of probate court designated chief magistrate 4264 Toombs County; chief magistrate, how appointed 4113 Towns County; probate judge designated chief magistrate 4139 Treutlen County; probate judge designated chief magistrate 4114 Union County; probate judge designated chief magistrate 4287 Walton County; judge of probate court designated chief magistrate 3901 Warren County; appointment and compensation of chief magistrate and clerk 4362 Webster County; provisions made for court 4451 Wheeler County; probate judge designated chief magistrate 3992 Whitfield County; election and terms of chief magistrate, etc. 4159 Wilcox County; appointment of chief magistrate 4098 Wilkes County; appointment, compensation and duties of chief magistrate 4559 Wilkinson County; probate judge designated chief magistrate 3980 MUNICIPAL, RECORDERS AND POLICE COURTS Alpharetta, City of; municipal court, salary of judge 4338 Chatham County; recorder's court terms 4087 Chatsworth, City of; recorder's court established 4298 Columbus, Georgia; recorder's court, appointment of clerks and clerks pro tempore 4059 Columbus, Georgia; municipal court, compensation of judge, clerk and marshal 4491 Loganville, City of; maximum fining and forfeiture authority of recorder, qualifications 5253 Milledgeville, City of; police court changed to municipal court, provision for deputy recorder 4250 Rochelle, City of; punishment permitted to be imposed 5135 Savannah, City of; municipal court abolished 4422 Statesboro, City of; residency of recorder 4649 Tallulah Falls, Town of; maximum punishment by municipal court 4690 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Bacon County; board of commissioners, commissioner districts, etc. 4661 Bacon County; state court created, terms, practice, procedure, etc. 5191 Baker County; board of education, compensation of chairman and members 4050 Baldwin County; election of commissioners from districts, terms of office 3675 Baldwin County; state court, compensation of judge and solicitor 3817 Barrow County; board of commissioners, compensation of chairman 4702 Ben Hill County; board of commissioners, election, compensation, etc. of members 3887

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Berrien County; act creating board of commissioners amended, referendum 4823 Berrien County; superior court, mode of compensating clerk changed 4168 Bibb County; civil court jurisdiction changed 3877 Bibb County; land conveyance to board of commissioners 332 Bleckley County; compensation of commissioner changed 3955 Bleckley County; compensation of sheriff 3942 Bleckley County; compensation of tax commissioner 3944 Bleckley County; probate court, compensation of judge 4057 Bleckley County; superior court, compensation of clerk 4071 Brooks County; board of commissioners, membership, election districts, etc. 3680 Brooks County; board of education, election districts, etc. 3717 Brooks County; superior court, method of compensating clerk changed 3724 Bryan County; magistrate court, manner of appointment of magistrates 4162 Bulloch County; compensation of clerks of commissioners 4022 Bulloch County; compensation of tax commissioner's assistants 4015 Bulloch County; constitutional amendment authorizing use of local sales tax by school system continued 4013 Bulloch County; probate court, compensation of clerk 4020 Bulloch County; sheriff's deputies and office clerk, compensation 4150 Bulloch County; superior court, compensation of clerk's employees 4017 Burke County; board of commissioners, compensation of members 4400 Burke County; expense allowance of state court solicitor 3755 Butts County; magistrate court, manner of appointing magistrates, compensation 4308 Butts County; office of treasurer abolished, referendum 3588 Butts County; superior court clerk, compensation 4005 Calhoun County; magistrate court, probate judge designated chief magistrate 3880 Camden County; homestead exemptions for persons 62 and older, referendum 3848 Candler County; magistrate court, manner of appointment of magistrates 4199 Carroll County; compensation of coroner changed 3871 Catoosa County; additional homestead exemption from school taxes (residents 62 and over), referendum 4321 Catoosa County; board of utilities commissioners, jurisdiction and powers 4359 Catoosa County; compensation and allowances of commissioner and certain personnel 4002 Catoosa County; superior court clerk's office, allowance for clerical help 4494 Catoosa County; tax commissioner, compensation and amount payable for help 4371 Charlton County; board of commissioners authorized to fix their compensation, limitation 4393 Chatham County; board of elections created, qualifications of members, etc. 5197 Chatham County; laws relative to governing authority revised 5050 Chatham County; magistrate court, election of chief magistrate, etc. 4422 Chatham County; probate court, act relating to compensation of clerk repealed 4438 Chatham County; recorder's court, terms 4087 Chatham County; state court, appointment of clerk provided for 3862 Chatham County; state court, position of sheriff abolished 4175 Chattooga County; magistrate court, probate judge designated chief magistrate 4198 Chattooga County; state court, act creating amended 4488 Cherokee County; superintendent of schools, appointment by board of education, referendum 3580 Clarke County; board of elections and registration created 3946

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Clarke County; qualifications, salary of chief magistrate 3649 Clayton County; board of commissioners, compensation of chairman 4184 Clayton County; board of education, compensation of members 4413 Clayton County; compensation of tax commissioner and deputy tax commissioner 4516 Clayton County; magistrate court, manner of appointing chief magistrate, etc. 4411 Clayton County; probate court, appeals, jury trials, etc. 5268 Clayton County; probate court, compensation of judge 4180 Clayton County; state court, authority and duties of clerk and deputy clerks 4177 Clayton County; state court, compensation of judges 4306 Clayton County; state court solicitor, restrictions on private practice, salary 4182 Clayton County; superior court, compensation of sheriff, clerk and deputy clerk 4210 Cobb County; cobb county-marietta water authority, composition of members, etc. 4345 Cobb County; cobb county stadium authority act enacted 4727 Cobb County; juvenile court, compensation of judge 4364 Cobb County; probate court, additional deputy clerk 4385 Cobb County; probate court, compensation of clerk changed 3846 Cobb County; school district, compensation of chairman and members of board 3819 Cobb County; state court, compensation of judge 4387 Cobb County; state court, second division created 4256 Cobb County; superior court, number of assistant district attorneys increased 5188 Coffee County; board of education, compensation of members 4483 Colquitt County; magistrate court, manner of appointment and term of chief magistrate 4190 Columbia County; penalties for violation of ordinances authorized 4000 Columbia County; school district, additional homestead exemption for persons over 62, referendum 4609 Columbia County; tax commissioner, compensation changed 4478 Cook County; board of commissioners, composition of election districts 3939 Cook County; magistrate court, judge of probate court designated chief magistrate 4090 Coweta County; board of education, composition, election and terms of members, referendum 3704 Coweta County; road districts changed, election of commissioners 3694 Crisp County; board of commissioners, compensation of members 4067 Crisp County; commissioners, number, election districts, etc., referendum 4352 Dade County; board of commissioners created, referendum 3564 Dade County; board of education, election of members, etc., referendum 3575 Decatur County; board of commissioners, act creating amended 4426 DeKalb County; board of commissioners, effect of member qualifying to run for other elective office 4916 DeKalb County; board of commissioners, resignation of member to run for other elective office 4675 DeKalb County; board of education, non-partisan election of members, procedures 4192 DeKalb County; recorder's court and magistrate court study commission created 5048 DeKalb County; state court, additional assistant solicitor 4343 Dodge County; magistrate court, manner of appointment and term of chief magistrate 4196 Dodge County; provision for appointed school superintendent, referendum 3531

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Dooly County; magistrate court, manner of selecting chief magistrate 3864 Dougherty County; magistrate court, terms of magistrates 4694 Douglas County; board of commissioners, compensation of chairman 4069 Douglas County; board of elections created 5270 Douglas County; coroner, compensation changed 3790 Douglas County; provisions for magistrate court, practice, procedure, etc. 3952 Early County; magistrate court, probate judge designated chief magistrate 4645 Echols County; magistrate court, judge of probate court designated chief magistrate 3727 Emanuel County; board of commissioners, election of members, powers, duties and procedures of board 3822 Emanuel County; board of education, composition of election districts changed 5202 Emanuel County; compensation of tax commissioner 4254 Evans County; magistrate court, manner of appointment of chief magistrate 3882 Fayette County; coroner, compensation 4045 Floyd County; approval of governing authority of salaries of certain officials 4340 Floyd County; board of commissioners, salaries of members 4374 Floyd County; superior court, compensation of clerk, periodic increases 4402 Floyd County; tax commissioner, compensation of commissioner and of chief deputy 4405 Forsyth County; authorized to impose business and occupational license taxes, referendum 4144 Forsyth County; magistrate court, probate judge designated chief magistrate, etc. 4293 Fulton County; authorized to levy and collect business and occupational license taxes 4148 Fulton County; board of education, election of members, education districts, referendum 3591 Fulton County; constitutional amendment relating to tax exemption of certain cabbagetown properties continued 4595 Fulton County; county-wide library system, composition of board of trustees, etc. 4711 Fulton County; magistrate court, appointment of part-time magistrates 4952 Fulton County; pension board of county school employees, method of selecting members, etc. 4455 Fulton County; state court, office of chief clerk created 4052 Gilmer County; compensation of commissioner 5130 Gilmer County; gilmer county water and sewerage authority act enacted 5215 Gilmer County; probate court, salary of judge changed 3969 Gilmer County; terms of superior court changed 331 Glynn County; board of commissioners, erroneous description of election districts corrected 4442 Glynn County; brunswick-glynn county charter commission, time to complete work extended 5205 Glynn County; clerk of state court, compensation 3542 Gordon County; board of education, composition of board posts 3899 Gordon County; composition of commissioner districts 3896 Grady County; board of commissioners, election districts reapportioned, qualifications of members, etc. 4026 Grady County; board of education, compensation of members 4024 Grady County; board of education, single-member election districts 4679

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Greene County; board of commissioners, election of members, terms, etc. 4628 Greene County; compensation of certain personnel changed 4685 Greene County; magistrate court, probate judge designated chief magistrate 4633 Greene County; tax receiver, compensation of clerical help 4303 Gwinnett County; board of education, certain education districts changed 4435 Gwinnett County; state court, compensation of judges changed 3875 Gwinnett County; superior court, supplemental compensation for judges 3868 Habersham County; commissioners, election, terms of office, referendum 3671 Habersham County; constitutional amendment relating to imposition of alcoholic beverage tax continued 4173 Habersham County; constitutional amendment relating to sales and use tax for educational purposes continued 4123 Habersham County; magistrate court costs to include law library fees 4647 Hancock County; appointment of chief magistrate 3805 Hancock County; chairman of board of commissioners as full-time county administrator 3814 Harris County; board of commissioners, election districts, etc. 3534 Harris County; board of education, competitive bidding on purchases over $1500.00 4349 Harris County; board of education, districts, terms, qualifications of members, referendum 3608 Harris County; board of education, election districts, terms, qualifications of members, referendum 3523 Harris County; harris county airport authority act enacted 5239 Harris County; homestead exemptions, referendum 3766 Harris County; license fees, assessment and collection authorized 4323 Heard County; franklin-heard county water authority act enacted 4613 Henry County; board of commissioners, commissioner districts changed 4415 Henry County; compensation for certain officials, provisions for employees 4698 Houston County; houston county water and sewer study commission created, appointment and qualifications of members, functions of commission 5210 Houston County; selection and compensation of magistrates 3652 Jasper County; board of commissioners, election of members, etc. 3807 Jasper County; chief magistrate, appointment, compensation, etc. 3785 Jeff Davis County; composition of commissioner districts, manner of election of commissioners, etc. 3688 Jeff Davis County; state court created, jurisdiction, procedure, etc. 5257 Jefferson County; board of commissioners, powers, duties, qualifications of members, procedures 3627 Jefferson County; magistrate court, appointment of magistrates provided for 3917 Jefferson County; state court, compensation of judge and solicitor, terms of court 3911 Jenkins County; magistrate court, chief magistrate, how appointed 4111 Johnson County; magistrate court, manner of selecting chief magistrate 4006 Johnson County; state court abolished 4164 Jones County; board of commissioners, membership reconstituted, etc. 5177 Jones County; board of education reconstituted, referendum 4459 Jones County; clerk of superior court, method of compensating changed 3740 Jones County; compensation of sheriff and department employees 3743 Jones County; compensation of tax commissioner and personnel 4080 Jones County; homestead exemptions, referendum 3926

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Jones County; probate court, compensation of judge and court personnel 4083 Lamar County; magistrate court, appointment of magistrates 4561 Lamar County; superior court clerk, mode of compensating changed 3904 Laurens County; magistrate court, election of chief magistrate, qualifications, etc. 4638 Liberty County; constitutional amendments relating to industrial authority continued 3873 Liberty County; magistrate court, manner of selecting magistrates changed 3770 Lincoln County; board of commissioners, compensation of members other than chairman 4205 Lincoln County; superior court terms changed 351 Long County; magistrate court, manner of appointment of chief magistrate 4696 Lumpkin County; chief magistrate, term of office, election of successor 3777 Lumpkin County; lumpkin county water and sewerage authority act enacted 4500 Macon County; constitutional amendment regarding popular election of school board continued 3858 Marion County; magistrate court, probate judge designated chief magistrate 4605 Marion County; sherrif, compensation of deputy changed 4440 McDuffie County; board of commissioners, compensation and allowances of members 4521 McDuffie County; compensation of sheriff and employees of sheriff 4519 McDuffie County; magistrate court, appointment of chief magistrate, etc. 4524 McDuffie County; salary of coroner changed 4692 McDuffie County; superior court clerk, compensation 4527 McIntosh County; appointment of school superintendent by board of education, referendum 4106 McIntosh County; board of education, compensation of chairman and members changed 5231 McIntosh County; board of education, terms of office of members, referendum 4103 McIntosh County; superior court, grand juries, drawing and length of terms 4054 Miller County; magistrate court, probate judge designated chief magistrate 4529 Mitchell County; board of education, compensation of chairman and members 4383 Montgomery County; county attorney not required to be a resident of county 4116 Montgomery County; magistrate court, probate judge designated chief magistrate, compensation, etc. 4379 Morgan County; magistrate court, appointment of constables, law library fees 4398 Murray County; board of elections created 4009 Murray County; magistrate court, selection of magistrates, compensation 4061 Muscogee County; magistrate court, judge of municipal court of columbus and muscogee county designated chief magistrate 4109 Muscogee County; probate court, compensation of judge 4316 Muscogee County; salary of sheriff 4607 Muscogee County; state court, compensation of judge, solicitor and assistant solicitor 4447 Muscogee County; superior court, compensation of clerk and chief deputy clerk 4314 Muscogee County; superior court, salary supplement of judges 4157 Muscogee County; tax commissioner, compensation 4154 Newton County; board of commissioners, composition of member districts 3507 Newton County; education districts 3501 Newton County; magistrate court, probate judge designated chief magistrate, etc. 5132

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Oconee County; magistrate court, judge of probate court designated chief magistrate 4043 Oglethorpe County; office of tax commissioner created 4485 Paulding County; board of commissioners, compensation of chairman 4078 Paulding County; board of education, composition of education districts 5146 Peach County; authorized to regulate rates of certain water and sewer companies 4377 Peach County; board of commissioners, compensation of members 4289 Pike County; board of commissioners, new commissioner districts, etc. 4586 Pulaski County; magistrate court, appointment of chief magistrate, terms of office, etc. 4100 Putnam County; additional homestead exemption for persons 65 or older; referendum 4657 Putnam County; magistrate court, appointment of chief magistrate provided for 3788 Quitman County; magistrate court, probate judge designated chief magistrate 3978 Rabun County; compensation of sheriff, etc. 4707 Rabun County; constitutional amendment providing for levy of sales and use tax by board of education continued 3866 Randolph County; appointment, terms and compensation of magistrates 3638 Richmond County; board of education, composition of board, election districts, etc., referendum 5119 Richmond County; compensation of certain officials 4642 Richmond County; magistrate court, provisions made for same 4467 Richmond County; new board of commissioners created 4245 Richmond County; probate court, certain restrictions on judge emeritus removed 4242 Rockdale County; board of commissioners compensation of members 4041 Rockdale County; compensation of public defender 3644 Rockdale County; compensation of sheriff 4037 Rockdale County; compensation of tax commissioner 4033 Rockdale County; coroner, automobile expense allowance 4039 Rockdale County; probate judge, compensation 4035 Rockdale County; sheriff's department, merit board created 3747 Rockdale County; superior court clerk, compensation 4152 Screven County; board of commissioners, compensation of chairman and members 3884 Seminole County; board of commissioners, boundaries of commissioners' districts 4073 Seminole County; magistrate court, judge of probate court designated chief magistrate 3834 Spalding County; compensation of coroner 4534 Spalding County; magistrate court, costs, practice and procedure 4531 Spalding County; state court, compensation of judge and solicitor 4201 Stewart County; board of commissioners created, election, terms of office, compensation, referendum 3513 Stewart County; terms of superior court changed 440 Talbot County; magistrate court, probate judge designated chief magistrate 4709 Taliaferro County; magistrate court, judge of probate court designated chief magistrate 4264 Tattnall County; sheriff's patrol automobiles 4118 Tattnall County; state court, compensation of clerical assistant to solicitor 3990

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Thomas County; office of county manager created 3751 Toombs County; board of education authorized to appoint school superintendent, referendum 4273 Toombs County; board of education, election of members, education districts, etc. 4669 Toombs County; magistrate court, chief magistrate, how appointed 4113 Towns County; constitutional amendment regarding levy of sales and use tax continued 3793 Towns County; magistrate court, probate judge designated chief magistrate 4139 Towns County; office of commissioner as governing authority created 4130 Towns County; office of tax commissioner created 4135 Towns County; probate judge's operating expenses subject to arrival of governing authority 4125 Towns County; sheriff's deputies 4128 Treutlen County; magistrate court, probate judge designated chief magistrate 4114 Troup County; constitutional amendment providing for division of county into school districts, etc., continued 3860 Troup County; salaries of specified officers changed 3965 Troup County; salary of coroner 4882 Troup County; small claims court, salary of judge 3960 Troup County; state court, compensation of judge and solicitor 3962 Troup County; state court, drawing, summoning and impaneling jurors 4047 Turner County; board of commissioners, composition, election of members, etc., referendum 4563 Turner County; board of education, education districts, election of members, etc., referendum 4862 Twiggs County; board of commissioners, method of filling vacancies on board 4120 Twiggs County; board of education, method of filling vacancies 3994 Union County; compensation and allowances of probate judge 4705 Union County; magistrate court, probate judge designated chief magistrate 4287 Union County; office of commissioner created 4281 Union County; office of treasurer abolished 4166 Upson County; appointment of school superintendent by school board 4367 Upson County; board of education, education districts changed, referendum 4576 Upson County; city of thomaston, act creating joint board of tax assessors repealed 3544 Upson County; commissioner election districts etc., referendum 3729 Walker County; compensation of coroner changed 4687 Walker County; probate court, maximum compensation of personnel changed 5236 Walker County; superior court clerk, maximum compensation of office personnel 5186 Walker County; tax commissioner, compensation of office personnel 4950 Walton County; magistrate court, judge of probate court designated chief magistrate 3901 Ware County; board of commissioners, act creating amended 4395 Ware County; constitutional amendment providing for election of board of education, etc., continued 3760 Ware County; office of treasurer abolished 4369 Warren County; magistrate court, appointment and compensation of chief magistrate and clerk 4362 Warren County; office of treasurer abolished 4207 Wayne County; board of education, education districts changed, referendum 3971

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Webster County; compensation of commissioner 3907 Webster County; compensation of treasurer 3909 Webster County; magistrate court, provisions made for same 4451 Webster County; superior court terms changed 439 Wheeler County; board of education, election of members, referendum 3601 Wheeler County; magistrate court, probate judge designated chief magistrate 3992 White County; superior court clerk, manner of compensating changed 4497 White County; tax commissioner, manner of compensating changed 4381 White County; white county water and sewerage authority act 4920 Whitfield County; magistrate court, election and terms of chief magistrate, etc. 4159 Wilcox County; magistrate court, appointment of chief magistrate 4098 Wilcox County; office of tax commissioner created 4094 Wilcox County; superior court, manner of compensating clerk changed 4141 Wilkes County; board of education created, district election of members, etc., referendum 3838 Wilkes County; commissioner districts, election of commissioners 3658 Wilkes County; magistrate court, appointment, compensation and duties of chief magistrate 4559 Wilkinson County; homestead exemptions, referendum 3772 Wilkinson County; magistrate court, probate judge designated chief magistrate 3980 Wilkinson County; probate court, salaries of judge and employees, periodic increases 5233 Wilkinson County; sheriff and employees, compensation, periodic increases 4480 Wilkinson County; superior court, manner of compensating clerk changed 3983 Wilkinson County; tax commissioner, annual salary, salaries of personnel, periodic increases 4635 Worth County; board of commissioners, compensation of chairman and members 3892 COUNTIES AND COUNTY MATTERS BY POPULATION 20,900-21,200; boards of education compensation, repealed 443 350,000 or more; superior court clerks' fees 617 450,000 or more; superior court clerk's costs 500 550,000 or more; act providing for volunteer legal service agencies amended 4092 550,000 or more; appointing public defender 495 COUNTY MATTERSHOME RULE AMENDMENTS Butts County; county treasurer as ex-officio clerk, etc. 5279 Clayton County; death benefits under the system of pensions and retirement pay 5282 Clayton County; funds for advertising and promoting county 5287 DeKalb County; board of zoning appeals 5293 DeKalb County; merit system council, election of chairman 5298 DeKalb County; merit system council, appeals 5303 Fayette County; purchases on competitive bids 5308 Fulton County; judges and solicitors general pension fund 5311 Gordon County; purchase and disposition of property, etc. 5318 Rockdale County; commission meetings 5323

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MUNICIPAL CORPORATIONS NAMED CITIES Adrian; charter enacted 4745 Alpharetta; limit on contracts allowable without bidding 4335 Alpharetta; municipal court, salary of judge 4338 Alpharetta; salaries of mayor and members of city council 4318 Atlanta; constitutional amendment relating to tax exemption of certain cabbagetown properties continued 4595 Atlanta; restrictions on city changing utilization of certain property over western and atlantic railroad 491 Austell; constitutional amendment relative to issuance of revenue anticipation obligations continued 3836 Blairsville; new charter 4967 Brunswick; act of incorporation amended 4475 Brunswick; brunswick-glynn county charter commission, time to complete work extended 5205 Cairo; corporate limits extended 3894 Camilla; mayor and councilmen, vacancies in office, how filled 3758 Cedartown; homestead exemptions, referendum 4261 Chatsworth; recorder's court established 4298 Columbus, Georgia; manner of publication of certain ordinances 3647 Columbus, Georgia; municipal court, compensation of judge, clerk and marshal 4491 Columbus, Georgia; recorder's court, appointment of clerks and clerks pro tempore 4059 Columbus, Georgia; requirements regarding membership of boards and commissions 4064 Concord; new charter 4793 Conyers; homestead exemption for persons 62 and over, referendum 4884 Dallas; corporate limits changed 3988 Decatur; commissioner election districts, etc. 4601 Douglasville; election of mayor and councilmen, wards changed, etc. 5137 East Point; elections for mayor and council 3665 Elberton; wards established and defined, election of councilmen 3634 Forest Park; corporate limits extended 4187 Fort Oglethorpe; corporate limits changed 4998 Fort Oglethorpe; corporate limits changed 5109 Franklin; franklin-heard county water authority act enacted 4613 Gordon; homestead exemptions, referendum 3923 Gray; election of aldermen 3930 Hapeville; date of municipal elections 4599 Hiawassee; terms of mayor and councilmen, resolutions and ordinances, how adopted 3763 Jesup; corporate limits changed 4266 Kennesaw; corporate limits changed 4269 Kennesaw; corporate limits changed 4873 LaGrange; downtown development authority, limits of downtown lagrange district 3919 Lake City; mayor and members of council, terms of office 3957 Lexington; time for holding municipal elections changed 3937 Lincolnton; new charter 4829

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Loganville; recorder, qualifications, maximum fining and forfeiture authority 5253 Louisville; regular municipal elections date changed 3915 Macon; corporate limits changed 3583 Marietta; cobb county-marietta water authority, composition of membership, etc. 4345 Marietta; corporate limits changed 5004 Maxeys; new charter 4887 McIntyre, Town of; corporate limits extended 3624 Milledgeville; mayor and aldermen, election and terms of office 3852 Milledgeville; police court changed to municipal court, provision for deputy recorder 4250 Monticello; mayor and councilmen, election procedures 3779 Moreland; corporate limits changed 4408 Moultrie; charter amendments 4955 Mountain Park; charter amendments relating to mayor's court, etc. 5126 Nelson; election of mayor and councilmen 4877 Newnan; district election of aldermen, etc. 3795 North High Shoals; election of mayor and council provided for 3997 Palmetto; mayor and councilmen, term of office, referendum 4390 Peachtree City; airport authority act 4935 Perry; acts of council, resolutions and ordinances 3668 Perry; composition of council districts, election of councilmen, residency requirements 3654 Pooler; corporate limits defined 4326 Powder Springs; downtown development authority, powers, etc. 3801 Ringgold; corporate limits further defined 4171 Riverdale; corporate limits changed 4653 Rochelle; mayor's or recorder's court, punishment permitted to be imposed 5135 Rossville; certain territory excluded from corporate limits 5114 Santa Claus; charter enacted 5077 Savannah; municipal court abolished 4422 Sky Valley; charter amendments 4310 Snellville; certain territory included in corporate limits 4291 Soperton; new charter 4212 Stapleton; name changed from town of stapleton to city of stapleton 4296 Statesboro; residency of recorder 4649 Talbotton; new charter 4536 Tallulah Falls; municipal court, maximum punishment to be imposed by same 4690 Tallulah Falls; new charter 3547 Thomaston-Upson County; act creating joint board of tax assessors repealed 3544 Whigham; new charter 5152 Woodstock; election of mayor, term of office 3641 Zebulon; election of council members by district, etc. 3829 MUNICIPALITIESHOME RULE AMENDMENTS Albany; improvement of alleys, assessment of costs 5331 Americus; salaries of mayor, mayor pro-tem and aldermen 5334 Atlanta; ceta changed to asset atlanta 5352 Atlanta; head of the office of contract compliance 5363 Atlanta; plan of reorganization of administrative departments 5337

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Atlanta; procedures and requirements for submitting initiatives and referenda to voters 5376 Atlanta; residency provisions for persons serving on boards, commissions and councils 5358 Atlanta; rules and procedures for modifying pension laws 5369 Decatur; maximum amount of ad-valorem tax 5382 Dillard; appointment and qualifications of recorder 5387 Doraville; salary of city councilmen 5392 Doraville; salary of mayor 5389 Elberton; recorder's fining authority 5395 Fitzgerald; formula for calculating annual payments to city by water light and bond commission 5407 Fitzgerald; water and light and bond commission, powers, etc. 5399 Harlem: authority of recorder to impose fines 5415 Macon; encroachment permits, authority to grant 5418 Marietta; provision as to certain educational funds repealed 5422 Morrow; authority of recorder to impose fines and punishment 5426 Newnan; authority of mayor's or recorder's court to impose punishment 5432 Plains; authority of municipal court to impose fines and punishments 5435 Pooler; composition of aldermanic board, etc. 5438 Thomaston; authority of mayor and council to appoint a deputy city clerk, etc. 5444 Thomasville; investments of pension fund 5463 Thomasville; police court changed to municipal court, procedures, etc. 5468 Thomasville; salary of mayor and commissioners 5458 Thomasville; street paving assessments 5450 Toccoa; compensation of mayor, vice mayor and commission members 5480 Toccoa; limitation on purchases without competitive bids 5475 Zebulon; authority of mayor's court to impose fines and punishments 5484 RESOLUTIONS AUTHORIZING COMPENSATION Ahearn, Grace E. 4716 Amerson, J. C. and Lavada 4724 DuVernois, Frances J. 4723 Henggeler, Duane E. 4721 Snow, Peggy J. 4722 Tracy, Phillip 4450 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS American Heart Association, Repealed 494 Bibb County Board of Commissioners 332 Board of Regents of the University System of Georgia 978 Chattanooga, Tennessee, land located in 487 Dalton, City of, land located in 489 Floyd County, land located in 753 Graysville Methodist Church 735 Georgia Trust for Historic Preservation, Inc. 732 Henry County Soil and Water Conservation District or to Henry County 729 Lord Company, The 329

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Meriwether County Board of Commissioners 476 Meriwether County, land located in 492 Millen, City of, resolution (1975 No. 55) amended 483 Millen, City of 746 Oglethorpe Power Corporation 750 Pelham, City of, Lease 479 Sumter County Board of Commissioners 737 Swainsboro, City of 742 Washington County Board of Commissioners 740 Wilcox County Board of Commissioners 744 Woodbury, City of 481 MISCELLANEOUS RESOLUTIONS City of Atlanta, restrictions on city changing utilization of street level plaza over WA Railroad Property 491 DeKalb County Recorders Court and Magistrate Court Study Commission Created 5048 Dillard, Henry E., Memorial Bridge designated 4277 Ebenezer Church Road in Effingham County designated and named 4281 Epps, Hubert Floyd; Memorial Bridge designated 4279 Governor's Judicial Process Review Commission created 980 Hawes, Peyton S., Memorial Bridge designated 5266 James, C. H. (Fat) Sr., Memorial Highway designated 4275 Joint Part-Time State Employment Study Committee created 1313 Lucas, David, Pedestrian Walkway designated 4725 Mableton Parkway designated 4278 Marcus, Sidney J., Auditorium designated 4719 McDonald, Larry; Memorial Highway designated 4597 Metropolitan Atlanta Rapid Transit Overview Committee Extended 336 Morris, Ensign Ashley D., Memorial Bridge designated 4720 Murphy, Thomas B., Ballroom designated 4718 The Year of the Disabled Voter in Georgia, 1984 designated 1277 South Oaks Road in Dooly County designated 4717 State Botanical Garden of Georgia designated 475 West Point; consent for city to annex certain state-owned property 484

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INDEX A ABANDONED MOTOR VEHICLES Removal from public property, time 548 ABANDONED ANIMALS OR PETS Disposition 572 ACCIDENT AND SICKNESS INSURANCE Mental disorders, nature of required coverage changed 777 ACTIONS Recommencement after dismissal for want of prosecution 597 ADMINISTRATIVE PROCEDURES Actions required of state agencies prior to adoption of rules 1219 ADOPTION Access to records by Department of Human Resources 1433 ADRIAN, CITY OF Charter 4745 AD VALOREM TAXATION OF PROPERTY Additional exemption; state-wide referendum 520 Certain exemptions continued 1058 Date for filing certain applications for exemption changed 1371 Exemption for educational purposes of certain homesteads 1497 Exemption of certain motor vehicles, state-wide referendum 788 Non-profit homes for mentally handicapped, exemption, state-wide referendum 1253 AGRICULTURAL LAND Preferential tax assessment of property devoted to agricultural purposes, law amended 686 AGRICULTURAL VEHICLES Licensing and equipment requirements 1329 AGRICULTURE Georgia Agrirama Development Authority, membership changed 898 Interstate Pest Control Compact enacted 1021 Pesticides, contractor's and applicator's licenses, grounds for denial 890

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AHEARN, GRACE E. Compensation 4716 ALBANY, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments ALCOHOLIC BEVERAGES Possession and transportation by individuals of non-tax-paid beverages, quantity permissible 790 Sale for consumption on premises, certain municipalities authorized to permit at certain times, referenda 1683 Sale on certain days prohibited 1688 Sales on Sundays in public stadiums, provisions changed 1691 Shippers required to register labels 375 Sunday sales for on-premises consumption authorized, referenda 1685 Wine, farm wineries, licensing requirements 1142 ALIMONY AND CHILD SUPPORT Modification of orders, time of filing petition 606 ALPHARETTA, CITY OF Limit on contracts allowable without bidding 4335 Municipal court, salary of judge 4338 Salaries of mayor and members of city council 4318 AMATEUR RADIO OPERATORS Additional requirements for special license plates 433 AMERICAN HEART ASSOCIATION Land conveyance (1982 Resolution No. 199 repealed) 494 AMERICUS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments AMERSON, J. C. AND LAVADA Compensation 4724 ANIMALS Equine diseasesbond of dealers, brokers and sales establishments 389 Importation of certain exotic birds into State prohibited 1216 ANNEXATION OF TERRITORY Limitation on annexation by certain municipalities, definitions 976 ANNUAL BUDGET ESTIMATES Provisions relating to legislative branch changed 359

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APPEAL AND ERROR Appealable judgments, application required in certain cases 599 Code section 5-6-45 applicable when motion for new trial filed in criminal case 415 Condition of Supersedeas bondpayment of fine in certain cases 413 APPLIED PSYCHOLOGISTS Examination for licenses 503 APPOINTMENT OF STATE SCHOOL SUPERINTENDENT Proposed Amendment to the Constitution 1716 APPROPRIATIONS General Appropriations Act 1502 Supplementary Appropriations Act 136 ARCHITECTS Examination, additional method for applicants to qualify 595 Examination of applicants for license 448 ATLANTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Constitutional Amendment relating to tax exemption of certain Cabbagetown properties continued 4595 Restrictions on city changing utilization of street-level plaza over Western and Atlantic Railroad 491 ATLANTA JUDICIAL CIRCUIT Additional judge 451 ATTORNEY GENERAL, ASSISTANTS Certain representations of criminal defendants permitted 1359 AUCTIONEERS Georgia Auctioneers Commissiontermination date changed 438 Membership of Commission changed, unlawful practices 1084 AUSTELL, CITY OF Constitutional amendment relative to issuance of revenue anticipation obligations continued 3836 AUTOMOTIVE GASOLINE DISTRIBUTORS Unlawful, predatory and unfair business practices 1679

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B BACON COUNTY Board of Commissioners, commissioner districts, etc. 4661 State Court created, terms, practice, procedure, etc. 5191 BAD CHECKS Service charge allowable changed 1435 BAILIFFS Compensation changed 616 BAKER COUNTY Board of Education, compensation of chairman and members 4050 BALDWIN COUNTY Election of Commissioners from districts, terms of office 3675 State Court, compensation of judge and solicitor 3817 BANKING AND FINANCE Credit Union Deposit Insurance Corporation, eligibility for membership, insurance premiums 952 Interstate banking on a regional basis permitted 1467 Law amended 949 BARROW COUNTY Board of Commissioners, compensation of chairman 4702 BEN HILL COUNTY Board of Commissioners, election, compensation, etc. of members 3887 BERRIEN COUNTY Board of Commissioners, act creating board amended, referendum 4823 Superior Court, mode of compensating clerk changed 4168 BIBB COUNTY Civil Court, jurisdiction changed 3877 BIBB COUNTY BOARD OF COMMISSIONERS Land conveyance 332 BIRTH CERTIFICATES issuance for foreign-born adopted persons 1015 BLAIRSVILLE, CITY OF New charter 4967

Page 1778

BLECKLEY COUNTY Compensation of Commissioner changed 3955 Compensation of sheriff 3942 Compensation of tax commissioner 3944 Probate Court, compensation of judge 4057 Superior Court, compensation of clerk 4071 BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA Land conveyance 978 BOARD OF EDUCATION Compensation in certain counties (20,900-21,200) repealed 443 BOARDS OF EDUCATION, LOCAL Disciplinary hearing officers or panels, procedures 908 Manner of filling vacancies 641 BOARDS OF ELECTIONS Act providing for boards in certain counties repealed 982 BOILER AND PRESSURE VESSEL SAFETY ACT Enacted 1227 BONDS AND RECOGNIZANCES Schedule of Bails by judges of courts of inquiry 679 BROOKS COUNTY Board of Commissioners, membership, election districts, etc. 3680 Board of Education, election districts, etc. 3717 Superior Court, method of compensating clerk changed 3724 BRUNSWICK, CITY OF Act of incorporation amended 4475 BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION Time to complete work extended 5205 BRYAN COUNTY Magistrate Court, manner of appointment of chief and other magistrates 4162 BUILDINGS AND HOUSING Elevators and escalators, safety requirements 1244 Fire safety, Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings 1160 Georgia Residential Finance Authority, compensation of members, maximum amount of bonds 1374

Page 1779

BULLOCH COUNTY Compensation of clerks of commissioners 4022 Compensation of Tax Commissioner's assistants 4015 Constitutional amendment authorizing use of local sales tax by school system continued 4013 Probate Court, compensation of clerk 4020 Sheriff's deputies and office clerk, compensation 4150 Superior Court, compensation of clerk's employees 4017 BURKE COUNTY Board of Commissioners, compensation of members 4400 State Court, expense allowance of solicitor 3755 BUSINESS CORPORATIONS Registration fees, notice of shareholder meetings 514 Venue in garnishment proceedings, service of summons 1319 BUSINESS OPPORTUNITIES Sale, definitions, disclosure requirements 522 BUTTS COUNTY See also Tabular IndexCountiesHome Rule Amendments Magistrate Court, manner of appointing magistrates, compensation 4308 Office of Treasurer abolished, referendum 3588 Superior Court Clerk, compensation 4005 C CAIRO, CITY OF Corporate limits extended 3894 CALHOUN COUNTY Magistrate Court, probate judge designated chief magistrate 3880 CAMDEN COUNTY Homestead exemptions for persons 62 and older, referendum 3848 CAMILLA, CITY OF Mayor and Councilmen, vacancies in offices, how filled 3758 CAMPAIGN FINANCIAL DISCLOSURE Filing reports 1100 CAMPUS POLICEMEN Definition of campus changed 596

Page 1780

CANDLER COUNTY Magistrate Court, manner of appointment of magistrates 4199 CARROLL COUNTY Compensation of Coroner changed 3871 CATOOSA COUNTY Additional homestead exemption from school taxes (residents 62 and over), referendum 4321 Board of Utilities Commissioners, jurisdiction and powers 4359 Compensation and Allowances of Commissioner and certain personnel 4002 Superior Court Clerk's office, allowance for clerical help 4494 Tax commissioner, compensation and amount payable for help 4371 CEDARTOWN, CITY OF Homestead exemptions, referendum 4261 CERTAIN LOCAL LAWS REQUIRED TO BE APPROVED BY REFERENDUM Proposed amendment to the Constitution 1709 CERTIORARI AND APPEALS TO APPELLATE COURTS Condition of supersedeas bond in certain cases 413 CHARLTON COUNTY Board of Commissioners authorized to fix their compensation, limitation 4393 CHATHAM COUNTY Board of Elections created, qualifications of members, etc. 5197 Laws relative to governing authority revised 5050 Magistrate Court, election of chief magistrate, etc. 4422 Probate Court, act relating to compensation of clerk repealed 4438 Recorder's Court Terms 4087 State Court, appointment of clerk provided for 3862 State Court, position of Sheriff abolished 4175 CHATSWORTH, CITY OF Recorder's Court established 4298 CHATTAHOOCHEE JUDICIAL CIRCUIT Assistant district attorney, maximum compensation 711 Salary supplement of district attorney by Columbus-Muscogee County 713 CHATTANOOGA, TENNESSEE Land conveyance of property located in 487

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CHATTOOGA COUNTY Magistrate Court, probate judge designated chief magistrate 4198 State Court, act creating amended 4488 CHEROKEE COUNTY Superintendent of Schools, appointment by Board of Education, referendum 3580 CHILD CARE INSTITUTIONS Criminal records checks of personnel 1397 CHILD MOLESTATION, AGGRAVATED Defined, punishment 685 CHILD MOLESTATION AND ENTICING Punishment changed 1495 CHILD SUPPORT RECOVERY ACT Certain provisions repealed 567 CHIROPRACTORS Qualifications of applicants for licensure changed, authority of board 913 CIVIL PRACTICE Executions, effect of entry or notice of effort to enforce recordation 912 Limitation of Actions, rights as to persons imprisoned changed 580 Recommencement of action after dismissal for want of prosecution 597 Service on defendant by second original outside county where action filed 966 Venue as to third-party defendants 1149 CLARKE COUNTY Board of Elections and Registration created 3946 Magistrate Court, qualifications, salary of chief magistrate 3649 CLAYTON COUNTY See alsoTabular IndexCountiesHome Rule Amendments Board of Commissioners, compensation of chairman 4184 Board of Education, compensation of members 4413 Compensation of tax commissioner and deputy tax commissioner 4516 Magistrate Court, manner of appointing chief magistrate, etc. 4411 Probate Court, appeals, jury trials, etc. 5268 Probate Court, compensation of judge 4180 State Court, authority and duties of clerk and deputy clerks 4177 State Court, compensation of judges 4306 State Court Solicitor, restrictions on private practice, salary 4182 Superior Court, compensation of sheriff, clerk and deputy clerk 4210

Page 1782

CLAYTON JUDICIAL CIRCUIT Number of judges increased 469 COBB COUNTY Juvenile Courtcompensation of judge 4364 Probate Court, additional deputy clerk 4385 Probate Court, compensation of clerk changed 3846 State Court, compensation of judge 4387 State Court, second division created 4256 COBB COUNTYMARIETTA WATER AUTHORITY Composition of membership, etc. 4345 COBB COUNTY SCHOOL DISTRICT Compensation of Chairman and members of board 3819 COBB COUNTY STADIUM AUTHORITY ACT Enacted 4727 COBB JUDICIAL CIRCUIT Investigators, appointment and compensation 348 Number of assistant district attorneys increased 5188 Number of judges, compensation and expense allowances 434 CODES OF ETHICS AND CONFLICTS OF INTEREST Certain transactions excluded as constituting conflicts of interest 1204 Public officers and employees prohibited from transacting business with the state, exceptions 1196 COFFEE COUNTY Board of Education, compensation of members 4483 COLQUIT COUNTY Magistrate Court, manner of appointment and term of chief magistrate 4190 COLUMBIA COUNTY Penalties for violation of ordinances authorized 4000 Tax commissioner, compensation changed 4478 COLUMBIA COUNTY SCHOOL DISTRICT Additional homestead exemption for certain persons over 62, referendum 4609 COLUMBUS, GEORGIA Manner of publication of certain ordinances 3647 Municipal Court, compensation of judge, clerk and marshal 4491 Recorder's Court, appointment of clerks and clerks pro tempore 4059

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Requirements regarding membership of boards and commissions 4064 COMMERCE AND TRADE Administrator of Fair Business Practice Act of 1975additional powers 441 Automotive gasoline distributors, unlawful, predatory and unfair business practices 1679 Business opportunities, sale of, definitions, disclosure requirements 522 Health spas regulated, unlawful actions of operators, penalties 463 Registered trademarks or service marks, penalties for infringement 944 Securities, compatibility with federal securities exemption provided 529 COMMON CARRIERS Limitation of liability of certain common carriers, lien of carriers 693 COMMUNITY AFFAIRS, DEPARTMENT OF Composition of board, terms of members, etc. 378 COMMUNITY IMPROVEMENT DISTRICTS CREATION Proposed amendment to the Constitution 1703 COMPOSITE STATE BOARD OF MEDICAL EXAMINERS Authorized to distribute information on breast cancer 1465 COMPULSORY SCHOOL ATTENDANCE Law revised 1266 CONCORD, CITY OF New charter 4793 CONSENT FOR CITY OF WEST POINT TO ANNEX CERTAIN STATE-OWNED PROPERTY Resolution 484 CONSERVATION AND NATURAL RESOURCES Duties of Environmental Protection DivisionProcedures, Etc. 404 Georgia Safe Dams Act of 1978 Amended 454 Georgia Safe Drinking Water Act of 1977 Amended; bonds for certain water systems 1074 Jekyll Island State Park Authoritymembership changed 430 Lake Lanier Islands development authority; exemption of certain purchases from sales and use taxes 841 Oil and Gas and Deep Drilling Act of 1975 amended 398 Restrictions on kinds and sizes of motors on certain waters 374 Southeast Interstate Low-Level Radioactive Waste Management Compact amended 876 State Board Registration for Foresterstermination date extended 445

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CONTRABAND SUBSTANCES Possession by prison inmate a felony 593 CONTROLLED SUBSTANCES Listing changed 1019 CONYERS, CITY OF Homestead exemption for persons 62 and over; referendum 4884 COOK COUNTY Board of Commissioners; composition of election districts 3939 Magistrate Court; Judge of Probate Court designated Chief Magistrate 4090 CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Business corporations, registration fees, notice of shareholder meetings 514 Business corporations; venue in garnishment proceedings; service of summons 1319 Uniform Partnership Act enacted 1439 COSMETOLOGISTS Persons authorized to instruct in cosmetology and esthetics 581 COUNTIES Authorized to adopt and enforce certain ordinances 1086 Extent of Territorial Jurisdiction 131 COUNTY BOARDS OF HEALTH Membership, terms; manner of filling vacancies, etc. 1325 COUNTY COMMISSIONERS Conflicts of interest; exceptions; sales of real property to counties 619 COUNTY TAXATION Limitation on taxation for support of development authorities removed 807 COURT OF APPEALS Compensation of Judges 444 COURTS Assistant District Attorneys; law revised 1182 Bailiffs, compensation changed 616 Criminal procedure; conditions for probation in certain cases 894 District Attorneys; duty to collect fines and forfeitures; law repealed 842 Juries; exemptions from jury duty; provisions relative thereto amended 1697 Juvenile, judges, appointment, commissioning by Secretary of State 565 Juvenile proceedings; limitations on orders of disposition 794

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Juvenile proceedings; protective orders 562 Magistrate Courts Law amended 1096 Probate courts; orders setting date for response to petitions; granting petitions without hearing 970 Sheriffs, allowance for use of personal vehicle 519 Sheriffs, annual training requirements; exemptions in certain cases 579 Sheriffscounties granted authority to create merit boards, etc. 536 Sheriffs'. eligibility to hold office not affected by conviction of certain crimes 1369 Sheriffs; minimum annual salaries; additional compensation for certain services 783 Sheriffs; procedure upon indictment or conviction of a felony 1279 Superior court clerks, fees in certain counties (350,000 or more) 617 Superior court clerks; minimum annual salary 589 Venue as to third-party defendants 1149 COWETA COUNTY Board of Education; composition; election and terms of members; referendum 3704 Road districts changed; election of commissioners 3694 CREDIT UNION DEPOSIT INSURANCE CORPORATION Eligibility for membership; insurance premiums 952 CRIMES AND OFFENSES Aggravated child molestation defined; punishment 685 Bad checks; service charge allowable changed 1435 Child molestation and enticing; punishment changed 1495 Controlled substances and dangerous drugs; listing changed 1019 Involuntary manslaughter, punishment changed 397 Licenses to carry pistols or revolvers; exemption of certain retired law enforcement officers from payment of fee 1388 Licenses to carry pistols or revolvers; investigation procedures for renewal changed 935 Litter Control Law amended; prima facie and presumptive evidence of identity of offender 1489 Punishment for crimes against persons 65 years of age and older 900 CRIMINAL PROCEDURE Appeal bonds in certain cases; punishment in certain felony cases 760 Bonds and recognizances, schedule of bails by judges of courts of inquiry 679 Code section 5-6-45 applicable to motion for new trial 415 Conditions for probation in certain cases 894 Legal defense of indigentsmethod of appointing public defender in certain counties 495 CRISP COUNTY Board of Commissioners; compensation of members 4067 Commissioners; number, election districts; etc.; referendum 4352

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D DADE COUNTY Board of commissioners created; referendum 3564 Board of Education; election of members etc.; referendum 3575 DALLAS, CITY OF Corporate limits changed 3988 DALTON, CITY OF Land conveyance, located in 489 DANGEROUS DRUGS Listing changed 1019 DEBTOR AND CREDITOR Garnishment ProceedingsLimitation on amount subjectform of postjudgment summons 370 Venue in garnishment proceedings; service of summons 1319 DECATUR, CITY OF See also Tabluar IndexMunicipalitiesHome Rule Amendments Commissioner election districts, etc. 4601 DECATUR COUNTY Board of Commissioners; act creating amended 4426 DEKALB COUNTY See also Tabular IndexCounties Home Rule Amendments Board of Commissioners; effect of member qualifying to run for other elective office 4916 Board of Commissioners; resignation of member to run for other elective office 4675 Board of Education; non-partisan election of members; procedures 4192 State Court; additional assistant solicitor 4343 DEKALB COUNTY RECORDER'S COURT AND MAGISTRATE COURT STUDY COMMISSION Created 5048 DEPARTMENT OF COMMUNITY AFFAIRS Advisory committee created 1177 DEPARTMENT OF OFFENDER REHABILITATION Consent of Board to personnel selection no longer required 940

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DEPARTMENT OF PUBLIC SAFETY Uniform division; restrictions on eligibility for appointment to 895 DEPENDENT CHILD Definition changed with respect to public assistance 1426 DIETITIANS LICENSING LAW Enacted 1377 DILLARD, CITY OF See Tabluar IndexMunicipalitiesHome Rule Amendments DILLARD, HENRY E. Memorial Bridge designated 4277 DISABLED VETERANS HOMESTEAD EXEMPTION Proposed amendment to the Constitution 1707 DISPENSING OPTICIANS License requirements, continuing education 513 DISPOSITION OF UNCLAIMED PROPERTY ACT Amended 575 DISTILLED SPIRITS Georgia Distilled Spirits Distribution Act Enacted 375 DISTRICT ATTORNEYS Assistant District Attorneys; law revised 1182 Duty to collect fines and forfeitures; law repealed 842 Macon Judicial Circuit, Salary Supplement 343 Tallapoosa Judicial CircuitSupplemental Expense Allowance 339 DODGE COUNTY Appointed school superintendent provided for; referendum 3531 Magistrate Court; Manner of appointment and term of Chief Magistrate 4196 DOMESTIC RELATIONS Adoption; access to records by Department of Human Resources 1433 Alimony and child support, time of filing petition for modification of orders 606 Child Support Recovery Act, certain provisions repealed 567 Domicile of minors, how determined 612 Family violence; Ex parte orders, copies to be furnished petitioner in certain cases 542 Marriage licenses; county where same may be issued 1192 Uniform Reciprocal Enforcement of Support Act amended 613

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Definition of State enlarged 613 Uniform Reciprocal Enforcement of Supportduty of court acting as responding state 387 DOMICILE OF MINORS How determined 612 DOOLY COUNTY Magistrate Court; Manner of selecting Chief Magistrate 3864 DORAVILLE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments DOUGHERTY COUNTY Magistrate Court; terms of magistrates 4694 DOUGLAS COUNTY Board of Commissioners; compensation of Chairman 4069 Board of Elections created 5270 Coroner; compensation changed 3790 Magistrate court, provisions for; practice, procedure, etc. 3952 DOUGLAS JUDICIAL CIRCUIT Terms 498 DOUGLASVILLE, CITY OF Election of mayor and councilmen; wards changed, etc. 5137 DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY Limits of downtown LaGrange district 3919 DRIVERS' LICENSES Definition of conviction for purposes of mandatory suspension 1221 Revocation of licenses of habitual violators 797 Suspension for conviction of D.U.I. in another state 614 DuVERNOIS, FRANCES J. Compensation 4723 E EARLY COUNTY Magistrate Court; Probate Judge designated chief magistrate 4645 EAST POINT, CITY OF Elections for mayor and council 3665

Page 1789

EBENEZER CHURCH ROAD IN EFFINGHAM COUNTY Designated and named 4281 ECHOLS COUNTY Magistrate Court; Judge of Probate Court designated Chief Magistrate 3727 EDUCATION Age for beginning school 643 Campus policemen; definition of campus changed 596 Chancellor of University System of Georgia; law authorizing appearance before General Assembly repealed 657 Compulsory school attendance law revised 1266 County Boards of Education authorized to expend funds to acquire or improve property 373 Engineering Experiment Station; name changed to Georgia Tech Research Institute 1675 Local and regional public library law amended 1005 Local boards' disciplinary hearing officers or panels; procedures 908 Local boards; manner of filling vacancies 641 North Georgia College military scholarships, number of recipients 721 Professional Practices Commission and Professional Standards Commission; per diem expense reimbursement 1201 Public school employees; health insurance plan; provisions relating to contributions changed 1692 Supervising teachers; minimum standards; additional compensation 727 Vocational Technical schools; charge of tuition fees by certain schools authorized 571 ELBERTON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Wards established and defined; election of councilmen 3634 ELECTIONS Advertisement of additional voter registration places 635 Audio tapes containing certain information to be distributed to public libraries 1117 Boards of registrars, duty to furnish list of qualified electors 694 Campaign financial disclosure reports; filing 1100 Distribution of certain materials by poll officers not prohibited 671 Georgia Election Code Amended 1 Georgia Election Code Amended 133 Joint county-municipal boards of registration and elections authorized 680 Losing candidate's right to a recount 634 Municipal elections and primaries; conduct of elections by counties in certain cases 826 Municipal elections and primaries; registrars required to purge list of electors 860 Municipal elections, penalties for violation of code 661 Officials required to issue call for special elections 637

Page 1790

Pauper's affidavit; financial statement to accompany filing 1038 Poll officers assigned to conduct county, state or federal elections authorized to conduct municipal elections 1376 Public disclosure by candidates of campaign contributions and expenditures law amended 764 Public office defined; soil and water conservation district supervisors excluded 696 Qualifications of candidates; hearing by Secretary of State regarding same 636 Registrars; authority to change entry of elector's address limited 922 Special elections; beginning date for qualifying 780 Tabulating machines; inspection by Secretary of State 1087 Vote recorders, display prior to elections 675 Voter registration cards; municipal and county lists of electors, etc. 1490 Voter registration; form of cards 1372 Voter registration in high schools and area vocational schools 677 Voter registration places; duty of state Election Board to adopt rules 1430 ELEVATORS AND ESCALATORS Safety requirements 1244 EMANUEL COUNTY Board of Commissioners; election of members; powers, duties and procedures of Board 3822 Board of Education; composition of election districts changed 5202 Compensation of tax commissioner 4254 EMINENT DOMAIN Oath of special master, filing; form of award 982 EMPLOYEES RETIREMENT SYSTEM OF GEORGIA Continued employment of certain employees proposed for involuntary separation 1309 Kinds of involuntary separation distinguished 1296 Mandatory retirement age changed 1487 EMPLOYMENT AGENCIES, PRIVATE Termination date of state advisory council 393 EMPLOYMENT SECURITY LAW Amended 861 ENGINEERING EXPERIMENT STATION Name changed to Georgia Tech Research Institute 1675 ENVIRONMENTAL PROTECTION Duties of Environmental Protection Divisionprocedures, etc. 404

Page 1791

EPPS, HUBERT FLOYD Memorial Bridge designated 4279 ESCHEAT OF ESTATES Law amended 1124 ETOWAH-FORSYTH WATER AUTHORITY ACT Enacted 4779 EVANS COUNTY Magistrate Court; manner of appointment of Chief Magistrate 3882 EVIDENCE Witnesses; fees for campus policemen 964 EXECUTIONS Effect of entry or notice of effort to enforce; recordation 912 EXEMPTIONS FROM TAXATION Certain homesteads exempt for educational purposes 1497 Date for filing certain applications for exemption changed 1371 Prescription drugs, eyeglasses and contact lenses exempt from sales and use taxes 1466 EXOTIC AND PET BIRDS Certain species not to be imported into state 1216 F FAIR BUSINESS PRACTICES ACT OF 1975 Powers of Administrator enlarged 441 FALCONRY PERMITS Classes of permits 568 FAMILY VIOLENCE Petitions for relief from, copy of ex parte order to petioner in certain cases 542 FARM WINERIES Licensing requirements 1142 FAYETTE COUNTY See also Tabular Index-Counties-Home Rule Amendments Coroner, compensation 4045

Page 1792

FERAL HOGS Hunting regulated 568 FIDUCIARIES Advertisements for discharge or dismission from trust; number reduced 937 FIREMEN'S PENSION FUND LAW Amended 990 FIRE PROTECTION AND SAFETY Georgia Fire Sprinkler Act amended 824 Local departments required to meet certain standards; notice to superintendent 1000 Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings 1160 FITZGERALD, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments FLINT JUDICIAL CIRCUIT County supplements to salaries of judges, district attorney and chief assistant 705 FLOYD COUNTY Approval of governing authority of salaries of certain officials 4340 Board of Commissioners; salaries of members 4374 Resolution authorizing conveyance of land located in 753 Superior Court; compensation of clerk; periodic increases 4402 Tax commissioner; compensation of commissioner and of chief deputy 4405 FOREST PARK, CITY OF Corporate limits extended 4187 FORGERY AND FRAUDULENT PRACTICES Bad checks; service charge allowable changed 1435 FORSYTH COUNTY Authorized to impose business and occupational license taxes; referendum 4144 Magistrate Court; Probate Judge designated chief magistrate; etc. 4293 FORT OGLETHORPE, TOWN OF Corporate limits changed 4998 Corporate limits changed 5109 FRANKLIN-HEARD COUNTY WATER AUTHORITY ACT Enacted 4613

Page 1793

FULTON COUNTY See also Tabular IndexCountiesHome Rule Amendments Authorized to levy and collect business and occupational license taxes 4148 Board of Education; election of members; education districts; referendum 3591 Constitutional amendment relating to tax exemption of certain Cabbagetown properties continued 4595 Magistrate Court; appointment of part-time magistrates 4952 Pension Board of county school employees; method of selecting members, etc. 4455 State Court; office of Chief Clerk created 4052 FULTON COUNTY LIBRARY SYSTEM Composition of board of trustees, etc. 4711 FUNERAL DIRECTORS, EMBALMERS, ETC. Qualifications of applicants for licenses 511 G GAME AND FISH Areas where use of certain seines permitted and where prohibited 801 Duties of Environmental Protection Divisionprocedures, etc. 404 Falconry permits; feral hogs-hunting regulated 568 Hunting on private lands without permissionpunishment 546 Laws amended 537 Negligent injury to or death of another while hunting, administrative penalties 549 Oysters and clamsregulation respecting taking of same changed 416 Prohibited trapping activities 802 GARNISHMENT Limitation on amount subjectform of postjudgment summons 370 GARNISHMENT PROCEEDINGS Venue; service of summons 1319 GENERAL ASSEMBLY Authorized to revise pension and retirement laws; proposed amendment to the constitution 1726 Composition of certain representative districts changed 1071 Composition of State Districts 10 and 13 changed 394 Financial affairs; time for filing claims against the state 608 Georgia Criminal Justice Improvement Councilcomposition changed 431 Hour of meeting changed 602 Legislative Services CommitteeProcedures relating to maintenance repair etc. of facilities 359 Limitation on use of service as service credit under other retirement systems 758

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Salaries and allowances of members 717 Vacancies in offices of Secretary of Senate and Clerk of House, provisions for filling 656 GENERAL OBLIGATION DEBT FOR LIBRARY FACILITIES Proposed amendment to the Constitution 1713 GENERAL PROVISIONS Holidays and observances; public and legal holidays; procedures for determining; how observed 1274 GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY Membership changed 898 GEORGIA AUCTIONEERS COMMISSION Termination date changed 438 GEORGIA BOARD OF REGISTERED PROFESSIONAL SANITARIANS Composition changed 425 GEORGIA COMMISSION ON STATE GROWTH POLICY Law creating Commission amended 381 GEORGIA CRIMINAL JUSTICE IMPROVEMENT COUNCIL Composition changed 431 GEORGIA DEVELOPMENT AUTHORITY Assigned to Department of Community Affairs; membership changed 420 GEORGIA DISTILLED SPIRITS DISTRIBUTION ACT Enacted 375 GEORGIA FIREMEN'S PENSION FUND Composition of Board of Trustees changed 828 GEORGIA FIRE SPRINKLER ACT Amended 824 GEORGIA HEARING AID DEALERS AND DISPENSERS ACT Amended 1119 GEORGIA INDEMNIFICATION COMMISSION Created 762 GEORGIA INDUSTRIES FOR THE BLIND Department of Human Resources directed to provide facilities 1017

Page 1795

GEORGIA INSTITUTE OF TECHNOLOGY CENTENIAL Special motor vehicle license plates commemorating same authorized 1677 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended; limitations on right of subrogation 516 GEORGIA POST-MORTEM EXAMINATION ACT Amended 812 GEORGIA PRIVATE DETECTIVE AND SECURITY AGENCIES ACT Amended 1338 GEORGIA RESIDENTIAL FINANCE AUTHORITY Compensation of members; maximum amount of bonds 1374 GEORGIA SAFE DAMS ACT OF 1978 Amended 454 GEORGIA SAFE DRINKING WATER ACT OF 1977 Amended; bonds for certain water systems 1074 GEORGIA TECH RESEARCH INSTITUTE Name changed from Engineering Experiment Station 1675 GEORGIA TRUST FOR HISTORIC PRESERVATION Rental agreement 732 GILMER COUNTY Compensation of commissioner 5130 Probate Court; salary of judge changed 3969 Terms of Superior Court changed 331 GILMER COUNTY WATER AND SEWERAGE AUTHORITY ACT Enacted 5215 GLYNN COUNTY Board of Commissioners; erroneous description of election districts corrected 4442 Clerk of State Court, compensation 3542 GORDON, CITY OF Homestead exemptions; referendum 3923 GORDON COUNTY See also Tabular IndexCountiesHome Rule Amendments

Page 1796

Board of Education; composition of board posts 3899 Composition of commissioner districts 3896 GOVERNOR'S JUDICIAL PROCESS REVIEW COMMISSION Created 980 GOVERNORS' RETIREMENT BENEFITS BASED ON INVOLUNTARY SEPARATION LIMITED Proposed amendment to the Constitution 1714 GRADY COUNTY Board of Commissioners; election districts reapportioned; qualifications of members, etc. 4026 Board of Education; compensation of members 4024 Board of Education; single-member election districts 4679 GRAY, CITY OF Election of aldermen 3930 GRAYSVILLE METHODIST CHURCH Land conveyance 735 GREENE COUNTY Board of Commissioners; election of members; terms, etc. 4628 Compensation of certain personnel changed 4685 Magistrate Court; Probate Judge designated chief magistrate 4633 Tax Receiver; compensation of clerical help 4303 GUARDIAN AND WARD Advertisements for discharge or dismission from trust; number reduced 937 Approval by Probate Court of sales, etc., proposed by other than petitioner 974 Letters of dismission; alternative procedures for obtaining 1321 GWINNETT COUNTY Board of Education; certain education districts changed 4435 State Court; compensation of judges changed 3875 Superior Court judges; supplemental compensation 3868 H HABERSHAM COUNTY Commissions, election, terms of office; referendum 3671 Constitutional amendment relating to imposition of alcoholic beverage tax continued 4173 Constitutional amendment relating to sales and use tax for educational purposes continued 4123 Magistrate Court; costs to include law library fees 4647

Page 1797

HANCOCK COUNTY Appointment of chief magistrate 3805 Chairman of Board of Commissioners as full-time county administrator 3814 HANDICAPPED PARKING LAW Amended 1263 HANDICAPPED PERSONS Access to and use of public buildings; law revised 1255 Georgia Industries for the Blind; Department of Human Resources directed to provide facilities 1017 Protection of disabled adults; reports of abuse, filing; penalties 785 HAPEVILLE, CITY OF Date of municipal elections 4599 HARLEM, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments HARRIS COUNTY Board of Commissioners; election districts, etc. 3534 Board of Education; competitive bidding on purchases over $1500.00 4349 Board of Education; districts, terms, qualifications of members; referendum 3608 Board of Education; election districts, terms, qualifications of members; referendum 3523 Homestead exemptions; referendum 3766 License fees; assessment and collection authorized 4323 HARRIS COUNTY AIRPORT AUTHORITY ACT Enacted 5239 HAWES, PEYTON S. Memorial bridge designated 5266 HEALTH Boxing match licenses; State Boxing Commission; law amended 1223 County boards of health; membership; terms, manner of filling vacancies 1325 Heart pacemakers; authorized receipt and reuse 1034 Hospital authorities, number and composition of members 585 Hospital care for certain indigents 1389 Hospital Equipment Financing Authority Act enacted 1654 Hospitals; additional standards for acting upon applications for staff privileges 967 Hospitals and other health care facilities authorized to transfer property of deceased patients 778 Hospitals and other health care facilities; peer review for certain health professionals 699

Page 1798

Living wills; form and manner of executing same; effect 1477 Local hospital authorities; reimbursement of members for certain expenses 874 Patients' health records; providers of health care required to furnish copies to patient or other designated recipient 1680 Personal care homes, a definition changed 649 Radiation control; Department of Human Resources authorized to collect civil penalties in certain cases 1428 Vital records; birth certificates for foreign-born adopted persons 1015 HEATLH PROFESSIONALS Peer review; certain definitions changed 699 HEALTH SPAS Regulated, unlawful actions of operators, penalties 463 HEARING AID DEALERS AND DISPENSERS Act amended 1119 HEART PACEMAKERS Authorized receipt and reuse 1034 Persons authorized to dispose of pacemaker upon death of one in possession of same 1036 HENGGELER, DUANE E. Compensation 4721 HENRY COUNTY Board of Commissioners; commissioner districts changed 4415 Compensation for certain officials; provisions for employees 4698 HENRY COUNTY SOIL AND WATER CONSERVATION DISTRICT Land lease 729 HIAWASSEE, CITY OF Terms of Mayor and Councilmen; Resolutions and ordinances, how adopted 3763 HIGHWAYS, BRIDGES AND FERRIES Width of vehicles; weight limitations 621 HOLIDAYS AND OBSERVANCES Public and legal holidays; procedures for determining; how observed 1274 HOSPITAL AUTHORITIES Number and composition of members 585 Reimbursement of members of local authorities for certain expenses 874

Page 1799

HOSPITAL EQUIPMENT FINANCING AUTHORITY ACT Enacted 1654 HOSPITALS Additional standards for acting upon applications for staff privileges 967 HOUSE OF REPRESENTATIVES Composition of certain representative districts changed 1071 HOUSTON COUNTY Magistrate Court; selection and compensation of magistrates 3652 HOUSTON COUNTY WATER AND SEWER STUDY COMMISSION Created; appointment and qualifications of members; functions of commission 5210 HOUSTON JUDICIAL CIRCUIT Number of judges increased 472 HUNTING ON PRIVATE LANDS WITHOUT PERMISSION Punishment 546 I INCOME TAXATION Manner of computing net income of corporations changed 1323 Minority subcontractors; certain payments to same excluded from net income 1644 INDIGENTS Hospital care for certain indigents 1389 INNKEEPERS Liability for valuables of guests; law changed 924 INSURANCE Accident and sickness insurance; mental disorders, nature of required coverage changed 777 Fees and taxes; county and municipal taxation of premiums authorized; basis 1284 Fees and taxes; distribution of illegally collected local premium taxes when refunded 1294 Georgia Motor Vehicle Accident Reparations Act amended 1221 Georgia Motor Vehicle Accident Reparations Act amended; limitations on right of subrogation 516

Page 1800

Motor vehicle accident insurance; proof of financial responsibility required in certain cases 1333 Motor vehicle accident insurance; restoration fee for return of licenses after cancellation 697 Motor vehicle liability policies; certain coverages increased 839 Premium finance companies; notices of cancellation 1345 Requirements to qualify to transact business changed 1080 INTERAGENCY MOTOR POOLS Maintenance and repair of vehicles; rules changed 1077 INTERSTATE BANKING Permitted on a regional basis 1467 INTERSTATE PEST CONTROL COMPACT Enacted 1021 INVOLUNTARY MANSLAUGHTER Punishment changed 397 J JAMES, C.H. (FAT) JR. Memorial Highway designated 4275 JASPER COUNTY Board of Commissioners; election of members, etc. 3807 Chief Magistrate; appointment, compensation, etc. 3785 JEFF DAVIS COUNTY Composition of commissioner districts; manner of election of commissioners, etc. 3688 State Court created; jurisdiction, procedure, etc. 5257 JEFFERSON COUNTY Board of Commissioners, powers, duties, qualifications of members, board procedures 3627 Magistrate Court; appointment of magistrates provided for 3917 State Court; Compensation of judge and solicitor; terms of court 3911 JEKYLL ISLAND STATE PARK AUTHORITY Membership changed 430 JENKINS COUNTY Magistrate Court; Chief Magistrate; how appointed 4111

Page 1801

JESUP, CITY OF Corporate limits changed 4266 JOHNSON COUNTY Magistrate Court; manner of selecting chief magistrate 4006 State Court abolished 4164 JOINT BOARD OF FAMILY PRACTICE Membership, terms of office, etc. 365 JOINT MUNICIPAL EMPLOYEES RETIREMENT SYSTEM Law revised 1041 JOINT PART-TIME STATE EMPLOYMENT STUDY COMMITTEE Created 1313 JOINT TENANTS Effect of recorded lifetime transfer by all joint tenants 1335 JONES COUNTY Board of Commissioners; membership reconstituted, etc. 5177 Board of Education reconstituted; referendum 4459 Clerk of Superior Court; method of compensating changed 3740 Compensation of Sheriff and Department employees 3743 Homestead exemptions; referendum 3926 Probate Court; compensation of judge and court personnel 4083 Tax Commissioner; compensation of commissioner and personnel 4080 JUDGES, DISCIPLINE, REMOVAL AND INVOLUNTARY RETIREMENT Proposed amendment to the Constitution 1722 JUDGES OF THE PROBATE COURTS RETIREMENT FUND Composition of Board of Commissioners changed 932 JUDGMENTS APPEALABLE Application required in certain cases 599 JURIES Exemptions from jury duty; provisions relative thereto amended 1697 JUVENILE COURTS Judges, appointment, commissioning by Secretary of State 565 JUVENILE PROCEEDINGS Limitations on orders of disposition 794 Protective orders 562

Page 1802

K KENNESAW, CITY OF Corporate limits changed 4269 Corporate limits changed 4873 L LABOR AND INDUSTRIAL RELATIONS Boiler and Pressure Vessel Safety Act enacted 1227 Employment Security Law amended 861 Minimum wage; amount changed 1324 Private Employment AgenciesTermination date of state advisory council 393 Workers' Compensation; election by sole proprietor to accept coverage 1218 Workers' Compensation; Employee redefined 816 LaGRANGE, CITY OF Downtown Development Authority; Limits of downtown district 3919 LAKE CITY, CITY OF Mayor and members of council, terms of office 3957 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Exemption of certain purchases from sales and use taxes 841 LAMAR COUNTY Magistrate Court; appointment of magistrates 4561 Superior Court Clerk; mode of compensating changed 3904 LANDLORD AND TENANT Affidavits for writs of possession 892 Political subdivisions prohibited from enforcing rent control ordinances 1079 Record on appeals in dispossessory proceedings; supplementation 859 LAURENS COUNTY Magistrate Court; election of chief magistrate; qualifications; etc. 4638 LAW ENFORCEMENT OFFICERS AND AGENCIES Annual training of certain personnel 1210 Department of Public Safety; uniform division; restrictions on eligibility for appointment to 895 Duty to collect, classify and preserve certain information 690 Recovered stolen motor vehicles; liability of owner for storage fees limited 632 LEGAL DEFENSE OF INDIGENTS Public defenderappointing in certain counties 495

Page 1803

LEGAL SERVICE AGENCIES, VOLUNTEER Act providing for same in certain counties (550,000 or more) amended 4092 LEGISLATIVE SERVICES Committee Procedures relating to maintenance repair, etc. of facilities 359 LEXINGTON, CITY OF Time for holding municipal elections changed 3937 LIBERTY COUNTY Constitutional amendments relating to industrial authority continued 3873 Magistrate Court; manner of selecting magistrates changed 3770 LIBRARIES, LOCAL AND REGIONAL PUBLIC Law amended 1005 LICENSES TO CARRY PISTOLS OR REVOLTERS Exemption of certain retired law enforcement officers from payment of fee 1388 Investigative procedures for renewal changed 935 LIENS, MECHANICS' SPECIAL Property subject; filing 561 LIFE ESTATES Closure of contingent remainder interests of certain classes 792 LINCOLN COUNTY Board of Commissioners; compensation of members other than chairman 4205 Superior Court Terms Changed 351 LINCOLNTON, CITY OF New charter 4829 LIMITATION OF ACTIONS Rights as to persons imprisoned changed 580 LITTER CONTROL LAW Amended; prima facie and presumptive evidence of identity of offender 1489 LIVESTOCK DISEASES Prevention and controlEquine diseases 389 LIVING WILLS Form and manner of executing; effect of same 1477

Page 1804

LOCAL FIRE DEPARTMENTS Required to meet certain standards 1000 LOCAL GOVERNMENT Actions pursuant to granted powers in exercise of state policy 1337 Annexation of territory; limitation on annexation by certain municipalities; definitions 976 Budget and audit procedures changed 818 Counties authorized to adopt and enforce certain ordinances 1086 Counties authorized to punish for violations of certain ordinances 505 Filing of certain information with Department of Community Affairs required 941 General obligation refunding bonds; issuance, procedures 1362 Resource Recovery Development Authorities Law amended 1694 Submissions to United States Department of Justice; copies to Attorney General 1432 Urban Residential Finance Authority Law Amended 337 LOGANVILLE, CITY OF Recorder; qualifications; maximum fining and forfeiture authority 5253 LONG COUNTY Magistrate Court; manner of appointment of chief magistrate 4696 LORD COMPANY, THE Land conveyance 329 LOUISVILLE, CITY OF Regular municipal elections, date changed 3915 LOW-VOLTAGE CONTRACTING Licensing 1129 LUCAS, DAVID Pedestrian walkway designated 4725 LUMPKIN COUNTY Chief Magistrate, term of office; election of successor 3777 LUMPKIN COUNTY WATER AND SEWERAGE AUTHORITY ACT Enacted 4500 M MABLETON PARKWAY Designated 4278

Page 1805

MACON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Corporate limits changed 3583 MACON COUNTY Constitutional amendment regarding popular election of school board continued 3858 MACON JUDICIAL CIRCUIT Salary Supplements of Judges and District Attorney 343 MAGISTRATE COURTS Law amended 1096 Minimum compensation of probate judges serving as chief magistrate 442 MARCUS, SIDNEY J. Auditorium designated 4719 MARIETTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Corporate limits changed 5004 MARION COUNTY Magistrate Court; Probate Judge designated chief magistrate 4605 Sheriff; compensation of deputy changed 4440 MARRIAGE LICENSES County where same may be issued 1192 MAXEYS, TOWN OF New charter 4887 McDONALD, LARRY, MEMORIAL HIGHWAY Designated 4597 McDUFFIE COUNTY Board of Commissioners; compensation and allowances of members 4521 Compensation of sheriff and employees of sheriff 4519 Magistrate Court; appointment of chief magistrate, etc. 4524 Salary of coroner changed 4692 Superior Court clerk; compensation 4527 McINTOSH COUNTY Appointment of school superintendent by Board of Education; referendum 4106 Board of Education; compensation of chairman and members changed 5231 Board of Education; terms of office of members; referendum 4103

Page 1806

Superior Court; Grand juries, drawing and length of terms 4054 McINTYRE, TOWN OF Corporate limits extended 3624 MEDICAL EDUCATION State funding for medical education provided by certain hospitals 585 MENTAL HEALTH Clinical records, conditions of release changed 594 Expenses for patients in state institutions; assessment standards 968 Transfer of certain patients to custody of Federal agencies 756 MERIWETHER BOARD OF COMMISSIONERS Land conveyance 476 MERIWETHER COUNTY Conveyance of land located in 492 METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS Composition of membership, terms, etc. 653 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Extended 336 MILLEDGEVILLE, CITY OF Mayor and Aldermen; election and terms of office 3852 Police Court changed to Municipal Court; provision for deputy recorder 4250 MILLEN, CITY OF Land conveyance 746 Land conveyance (Resolution No. 55, 1975 amended) 483 MILLER COUNTY Magistrate Court; Probate Judge designated chief magistrate 4529 MINERAL RESOURCES Oil and Gas and Deep Drilling Act of 1975 amended 398 MINIMUM WAGE Amount changed 1324 MINORS Domicile, how determined 612

Page 1807

MISDEMEANOR OFFENDERS Assignment to place of confinement by Department of Offender Rehabilitation 604 MITCHELL COUNTY Board of Education; compensation of chairman and members 4383 MONTGOMERY COUNTY County Attorney not required to be a resident of county 4116 Magistrate Court; probate judge designated chief magistrate; compensation, etc. 4379 MONTICELLO, CITY OF Mayor and Councilmen; election procedures 3779 MORELAND, TOWN OF Corporate limits changed 4408 MORGAN COUNTY Magistrate Court; appointment of constables; law library fees 4398 MORRIS, ENSIGN ASHLEY D. Memorial bridge designated 4720 MORROW, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments MORTGAGES, CONVEYANCES TO SECURE DEBT AND LIENS Fees for transfer of Property subject to Security Deed 132 MOTORCYCLES Fees for licenses and plates 896 Operator safety training program provided 644 MOTOR VEHICLE ACCIDENT INSURANCE Proof of financial responsibility required in certain cases 1333 Restoration fee for return of licenses after cancellation 697 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Certain definitions changed 781 MOTOR VEHICLE LIABILITY POLICIES Certain coverages increased 839

Page 1808

MOTOR VEHICLES Width and weight limitations 621 MOTOR VEHICLES AND TRAFFIC Abandoned vehicles; removal from public property, time 548 Amateur radio operatorsadditional requirements for special license plates 433 Application of certain material to windshield and front windows of motor vehicles prohibited 1211 Certificates of title; grievance procedures; acts or omissions of Department of Revenue 1194 Definition of speed detection device 502 Distinctive drivers' licenses for minors; amount of restoration fee changed 1070 Drivers' licenses; suspension for conviction of D.U.I. in another state 614 Flashing or revolving blue lights; operation of motor vehicle with same prohibited; exceptions 1192 Georgia Institute of Technology centennial; special license plates commemorating same authorized 1677 Handicapped Parking Law amended 1263 Identification cards; issuance under passport number for certain persons 1674 Motorcycle operator safety training program provided 644 Motor Vehicle Certificate of Title Act; certain definitions changed 781 Offenses; authority of courts to change or modify judgments or sentences limited 1144 Personalized license plates for former prisoners of war 423 Registration; transfer by purchaser, time 603 Revocation of drivers' licenses of habitual violators 797 Unregistered trucks; highway use permits 1199 Vehicle registration; return and payment of certain federal taxes as condition prerequisite 609 Vehicles used for agricultural purposes; licensing and equipment requirements 1329 MOULTRIE, CITY OF Charter amendments 4955 MOUNTAIN PARK, CITY OF Charter amendments; mayor's court name changed, etc. 5126 MUNICIPAL CORPORATIONS Annexation of territory; limitation on annexation by certain municipalities; definitions 976 MUNICIPAL ELECTIONS AND PRIMARIES Conduct of elections by counties in certain cases 826 Losing candidate's right to a recount 634 Penalties for violation of code 661 Poll officers assigned to conduct county, state or federal elections authorized to conduct municipal elections 1376 Registrars required to purge list of electors 860

Page 1809

MUNICIPAL TAXATION Limitation on taxation for municipal development authorities removed 805 MURPHY, THOMAS B. Ballroom designated 4718 MURRAY COUNTY Board of Elections created 4009 Magistrate Court; selection of magistrates; compensation 4061 MUSCOGEE COUNTY Magistrate Court; Judge of Municipal Court of Columbus and Muscogee County designated chief magistrate 4109 Probate Court judge; compensation 4316 Salary of sheriff 4607 State Court; compensation of judge; solicitor and assistant solicitor 4447 Superior Court; compensation of clerk and chief deputy clerk 4314 Superior Court; salary supplement of Judges of Chattahoochee Circuit 4157 Tax Commissioner, compensation 4154 N NELSON, TOWN OF Election of mayor and councilmen 4877 NEWNAN, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments District election of aldermen, etc. 3795 NEWTON COUNTY Board of Commissioners; composition of member districts 3507 Education districts 3501 Magistrate Court; Judge of Probate Court designated chief magistrate, etc. 5132 NONPARTISAN PRIMARIES Independent ballots provided by Secretary of State 1490 NON-PROFIT HOMES FOR MENTALLY HANDICAPPED Exemption from ad valorem taxation; state-wide referendum 1253 NORTH GEORGIA COLLEGE Military scholarships, number of recipients 721 NORTH HIGH SHOALS, TOWN OF Election of Mayor and Council provided for 3997

Page 1810

NOTARIES PUBLIC Law amended 1105 NOTLA WATER AUTHORITY ACT Amended 3618 O OCCUPATION TAXES Limitation on municipal and county taxation of veterinarians 591 OCONEE COUNTY Magistrate Court; Judge of Probate Court designated Chief Magistrate 4043 OFFICIAL CODE OF GEORGIA Amended generally 22 OGLETHORPE COUNTY Office of tax commissioner created 4485 OGLETHORPE POWER CORPORATION Easement 750 OIL AND GAS AND DEEP DRILLING ACT OF 1975 Amended 398 OYSTERS AND CLAMS Regulations respecting taking of same changed 416 P PALMETTO, CITY OF Mayor and Councilmen; term of office; referendum 4390 PARDONS AND PAROLES Imposition of parole supervision fees authorized 775 PARTNERSHIPS Uniform Partnership Act enacted 1439 PATIENT'S HEALTH RECORDS Health care providers required to furnish copies to patient or other designated recipient 1680

Page 1811

PAULDING COUNTY Board of Commissioners; compensation of Chairman 4078 Board of Education; composition of education districts 5146 PEACE OFFICERS ANNUITY AND BENEFIT FUND Composition of Board of Commissioners changed 926 Credit for prior service 996 PEACH COUNTY Authorized to regulate rates of certain water and sewer companies 4377 Board of Commissioners; compensation of members 4289 PEACHTREE CITY AIRPORT AUTHORITY ACT Enacted 4935 PELHAM, CITY OF Lease of real property located in 479 PENAL INSTITUTIONS Certain personnel designated as correctional officers 639 Community service programs, liability of participating officers limited 592 Confidentiality of certain records 1361 Contraband substances, possession by inmate a felony 593 Department of Offender Rehabilitation; selection of personnel; consent of Board no longer required 940 Inmates' work products, sale to private colleges 651 Misdemeanor offenders, assignment to place of confinement 604 Pardons and paroles; imposition of parole supervision fees authorized 775 Probation; duty of probationer to report to supervisor 1317 Probation; pre-trial release and diversion programs 367 Special alternative incarceration as a condition of probation reduced 446 State Board of Pardons and Paroles, organization and procedures changed 689 PERRY, CITY OF Acts of council; resolutions and ordinances 3668 Composition of council districts; election of members; residency requirements 3654 PERRY-FORT VALLEY AIRPORT AUTHORITY Quorum 3662 PERSONAL CARE HOMES A definition changed 649 PERSONAL IDENTIFICATION CARDS Issuance by Department of Public Safety under passport number to certain persons 1674

Page 1812

PESTICIDES Contractor's and applicator's licenses; grounds for denial 890 PHYSICIANS AND OSTEOPATHS Evaluation of medical and osteopathic colleges; licensing of certain graduates 1067 PHYSICIAN'S ASSISTANTS Application for approval of use, contents 611 PIKE COUNTY Board of Commissioners; new commissioner districts, etc. 4586 PLAINS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments POOLER, TOWN OF See also Tabular IndexMunicipalitiesHome Rule Amendments Corporate limits defined 4326 POWDER SPRINGS Downtown Development Authority powers, etc. 3801 PREFERENTIAL ASSESSMENT OF AGRICULTURAL LAND Classes of persons entitled; proposed amendment to the Constitution 1711 PREMIUM FINANCE COMPANIES, INSURANCE Notices of cancellation 1345 PRIVATE CARRIERS Redefined, further regulated 1394 PRIVATE DETECTIVE AND SECURITY AGENCIES Act relating thereto amended 1338 PROBATE COURTS Minimum compensation of Probate Judges serving as Chief Magistrate 442 Orders setting date for response to petitions; granting petitions without hearing 970 PROBATE OF WILL IN COMMON FORM Conclusiveness, time 658 When may be taken 681

Page 1813

PROBATION Conditions for probation in certain cases 894 Duty of probationer to report to supervisor 1317 Pre-trial release and diversion programs 367 Special alternative incarceration; as a condition of probation reduced 446 PROCESS, SERVICE Service on defendant by second original outside county where action filed 966 PROFESSIONAL COUNSELORS, SOCIAL WORKERS AND MARRIAGE AND FAMILY THERAPISTS LICENSING LAW Enacted 1406 PROFESSIONAL ENGINEERS AND LAND SURVEYORS Law relative thereto amended 1146 PROFESSIONAL PRACTICES COMMISSION Per diem expense reimbursement 1201 PROFESSIONAL SERVICE FEES Disclosure statements; certain provisions regarding copies deleted 851 PROFESSIONAL STANDARDS COMMISSION Per diem expense reimbursement 1201 PROFESSIONS AND BUSINESSES Applied psychologistsexamination for licenses 503 Architects; additional method for applicants to qualify for examination 595 Auctioneers; membership of commission changed; unlawful practices 1084 Chiropractors; qualifications of applicants for licensure changed; authority of board 913 Composite State Board of Medical Examiners authorized to distribute information on breast cancer 1465 Cosmetologists; persons authorized to instruct in cosmetology and esthetics 581 Dietitians Licensing Law enacted 1377 Dispensing opticians, license requirements, continuing education 513 Funeral directors, embalmers, etc., qualifications of applicants for licenses 511 Georgia Auctioneers Commissiontermination date changed 438 Georgia Board of Registered Professional Sanitarianscomposition changed 425 Georgia Private Detective and Security Agencies Act amended 1338 Hearing aid dealers and dispensers; act amended 1119 Innkeepers; liability for valuables of guests; law changed 924 Physicians and osteopaths; methods of evaluation of medical and osteopathic colleges; licensing of certain graduates 1067 Physician's Assistants, contents of application for approval of use 611 Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law enacted 1406 Professional engineers and land surveyors; law amended 1146

Page 1814

Real estate brokers and salespersons; licensing requirements changed 844 Registered Professional Sanitarians, continuing education required for license renewal 647 State Board of Architectscomposition 448 State Board of Recreation Examiners, termination date changed 452 State Construction Industry Licensing Board; low voltage contracting; licensing 1129 State examining boards; investigators, powers, duties, etc. 704 State examining boards; powers, procedures, appointment of members 552 Used motor vehicle dismantlers, rebuilders, etc., composition of State Board of Registration changed 535 Veterinarians and registered animal technicians; exemption of certain applicants from examination 544 PROPERTY Abandoned property; animals or pets, disposition 572 Disposition of Unclaimed Property Act amended 575 Effect of recorded lifetime transfer by all joint tenants 1335 Escheat of estates; law amended 1124 Heart pacemakers; persons authorized to dispose of same upon death of person possessing same 1036 Landlord and tenant; affidavits for writs of possession 892 Landlord and tenant; political subdivisions prohibited from enforcing rent control ordinances 1079 Landlord and tenant; record on appeals in dispossessory proceedings, supplementation 859 Life Estates; closure of contingent remainder interests of certain classes 792 Mechanics' special liens; property subject; filing 561 Rights in personalty, presumption of abandonment by persons in custody 517 Transfer of Real Property Subject to Security Deed-Fees 132 Uniform Management of Institutional Funds Act enacted 831 PUBLIC AND LEGAL HOLIDAYS Procedures for determining; how observed 1274 PUBLIC ASSISTANCE Dependent child, definition changed 1426 Supplementation for private rooms in nursing homes allowed 1647 PUBLIC OFFICE Defined; soil and water conservation district supervisors excluded 696 PUBLIC OFFICERS AND EMPLOYEES Annual Budget Estimates for legislative branchprovisions changed 359 Assistant Attorneys General; certain representations of criminal defendants permitted 1359 Certain definitions changed; Georgia Indemnification Commission created 762 Certain officials removed from the classified service 467 Certain State Merit System records to remain confidential 583

Page 1815

Conflicts of interest; certain transactions excluded 1204 Conflicts of interest; county commissioners, exceptions 619 Coroners; Georgia Post-Mortem Examination Act amended 812 Leave of absence with pay; employee donating kidney 907 Notaries Public law amended 1105 Part-time officials; purchase of surplus state property permitted 1122 Persons authorized to administer oaths and take acknowledgments of overseas personnel 504 Professional service fees; disclosure statements; certain provisions regarding copies deleted 851 Salaries and allowances of members of the General Assembly 717 Salaries and fees; compensation of superior court judges and district attorneys 808 State Employees Health Insurance Plan; employees of Georgia development Authority included in plan 543 State Employees Health Insurance Plan certain employees of private employment centers included 720 State Personnel BoardExpense allowance of members 427 Supreme Court Justices and Court of Appeals JudgesCompensation 444 Suspension of certain officials upon being indicted for a felony 1279 Transacting business with the State prohibited; exceptions 1196 Vacancies in certain offices; manner of filling 1152 PUBLIC SCHOOL EMPLOYEES Health insurance plan; provisions relating to contributions changed 1692 PUBLIC SCHOOL EMPLOYEES RETIREMENT FUND Composition of Board of Trustees changed 827 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Liability of political subdivisions arising from use of 911 emergency telephone service 652 Limitation of liability of certain common carriers; liens of carriers 693 Private carriers redefined, further regulated 1394 PULASKI COUNTY Magistrate Court; appointment of Chief Magistrate, terms of office, etc. 4100 PUTNAM COUNTY Additional homestead exemption for persons 65 or older; referendum 4657 Magistrate Court; appointment of Chief Magistrate provided for 3788 Q QUALIFICATIONS OF CANDIDATES FOR PUBLIC OFFICE Hearing by Secretary of State regarding 636

Page 1816

QUITMAN COUNTY Magistrate Court; Probate Judge designated Chief Magistrate 3978 R RABUN COUNTY Compensation of sheriff, etc. 4707 Constitutional amendment providing for levy of sales and use tax by Board of Education continued 3866 RADIATION CONTROL Department of Human Resources authorized to collect civil penalties in certain cases 1428 RANDOLPH COUNTY Magistrate Court; appointment, terms and compensation of magistrates 3638 REAL ESTATE BROKERS AND SALESPERSONS Licensing requirements changed 844 REAL ESTATE TRANSFER TAX Exemptions; division of jointly owned property 936 REDEMPTION OF PROPERTY SOLD FOR TAXES Cost to includes taxes paid by purchaser 1016 REGISTERED PROFESSIONAL SANITARIANS Continuing education required for license renewal 647 REGISTRARS, BOARDS OF Authority to change entry of elector's address limited 922 Duty to furnish list of qualified electors 694 REGISTRATION AND LICENSING OF MOTOR VEHICLES Highway use permits for unregistered trucks 1199 Personalized license plates for former prisoners of war 423 Return and payment of certain federal taxes as condition prerequisite 609 RENTAL AGREEMENT, RESOLUTION Georgia Trust for Historic Preservation, Inc. 732 RENT CONTROL ORDINANCES Political subdivisions of state prohibited from enforcing 1079 RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW Amended 1694

Page 1817

RETIREMENT AND PENSIONS Employees Retirement System of Georgia; continued employment of certain employees proposed for involuntary separation 1309 Employees Retirement System of Georgia; kinds of involuntary separation distinguished 1296 Employees Retirement System of Georgia; mandatory retirement age changed 1487 Firemen's Pension Fund Law amended 990 Georgia Fireman's Pension Fund; composition of board of trustees changed 828 Joint Municipal Employees Retirement System; law revised 1041 Judges of the Probate Courts Retirement Fund; composition of board of commissioners changed 932 Limitation on use of service in General Assembly as service credit under other retirement systems 758 Peace Officers Annuity and Benefit Fund; composition of board of commissioners changed 926 Peace Officers' Annuity and Benefit Fund; credit for prior service 996 Public School Employees Retirement Fund; composition of board of trustees changed 827 Sheriffs' Retirement Fund of Georgia, composition of board of commissioners 507 Superior Court Clerks' Retirement Fund of Georgia; composition of board of commissioners changed 929 Survivor's Benefits; payment to other than spouse 810 Teachers Retirement Law amended 990 Teachers Retirement System of Georgia; board of trustees, composition 1155 Teachers Retirement System of Georgia; credit for service in other school systems 998 Teachers Retirement System of Georgia; definition of teacher changed 1314 Trial Judges and Solicitors Retirement Fund; composition of board of trustees changed 1179 REVENUE AND TAXATION Ad valorem taxation of property; additional exemption, state-wide referendum 520 Ad valorem taxation of property; certain exemptions continued 1058 Ad valorem taxation of property; date for filing certain applications for exemption changed 1371 Ad valorem taxation of property; exemption for educational purposes of certain homesteads 1497 Ad valorem taxation of property; non-profit homes for mentally handicapped, exemption, state-wide referendum 1253 Ad valorem taxation; exemption of certain motor vehicles, state-wide referendum 788 Ad valorem taxation, preferential assessment of agricultural real property law amended 686 Code amended 352 County taxation; limitation on taxation for support of development authorities removed 807 County tax collectors and commissioners; time for remitting taxes collected 962

Page 1818

Income taxation; manner of computing net income of corporations changed 1323 Income taxes; minority subcontractors, certain payments to same excluded from net income 1644 Income Taxes; penalties for filing frivolous returns 357 Limitation on municipal and county occupational taxation of veterinarians 591 Motor vehicle license fees and plates; fees for motorcycles 896 Municipal taxation; limitation on taxation for municipal development authorities removed 805 New State Board of Equalization created 352 Real estate transfer tax; exemptions, division of jointly owned property 936 Sales and use taxes; exemption of prescription drugs, eyeglasses and contact lenses 1466 Solar Energy Tax Credit Act of 1984 715 Tax executions; return to appropriate court 948 Tax sales; cost of redemption to include taxes paid by purchaser 1016 Tax sales; counties authorized to purchase property sold under tax executions 904 Tax sales of unreturned property, time of advertisement 660 RICHARD B. RUSSELL DAM Boating safety zone established 422 RICHMOND COUNTY Board of Education; composition of board, election districts, etc., referendum 5119 Compensation of certain officials 4642 Magistrate Court; provisions for same 4467 New Board of Commissioners created 4245 Probate Court; certain restrictions on judge emeritus removed 4242 RINGGOLD, CITY OF Corporate limits further defined 4171 RIVERDALE, CITY OF Corporate limits changed 4653 ROCHELLE, CITY OF Mayor's or Recorder's Court; punishment permitted to be imposed 5135 ROCKDALE COUNTY See also Tabular IndexCountiesHome Rule Amendments Board of Commissioners; compensation of members 4041 Compensation of public defender 3644 Coroner; automobile expense allowance 4039 Probate Judge; compensation 4035 Sheriff; compensation 4037 Sheriff's Department merit board created 3747 Superior Court Clerk; compensation 4152 Tax commissioner; compensation 4033

Page 1819

ROSSVILLE, CITY OF Certain territory excluded from corporate limits 5114 S SALARIES AND FEES Compensation of superior court judges and district attorneys 808 SALES AND USE TAXES Exemption of prescription drugs, eyeglasses and contact lenses 1466 SANTA CLAUS, CITY OF Charter enacted 5077 SAVANNAH, CITY OF Municipal Court abolished 4422 SCHOOL PROPERTY County Boards of Education authorized to expend funds to acquire or improve 373 SCREVEN COUNTY Board of Commissioners; compensation of chairman and members 3884 SECURITIES Compatibility with federal securities exemptions provided 529 SEMINOLE COUNTY Board of Commissioners; boundaries of commissioners' districts 4073 Magistrate Court; judge of probate court designated chief magistrate 3834 SHERIFFS Allowance for use of personal vehicle 519 Annual training requirements; exemptions in certain cases 579 Counties granted authority to create merit boards to decide appeals from disciplinary actions 536 Eligibility to hold office not affected by conviction of certain crimes 1369 Minimum annual salaries; additional compensation for certain services 783 Procedure upon indictment or conviction of a felony 1279 SHERIFF'S RETIREMENT FUND OF GEORGIA Composition of Board of Commissioners 507 SKY VALLEY, CITY OF Charter amendments 4310

Page 1820

SNELLVILLE, CITY OF Certain territory included in corporate limits 4291 SNOW, PEGGY J. Compensation 4722 SOCIAL SERVICES Institutions licensed to care for children; criminal records checks of personnel 1397 Joint Board of Family Practice, membership, terms of office, etc. 365 Public assistance; definition of dependent child changed 1426 Public assistance; supplementation for private rooms in nursing homes allowed 1647 SOLAR ENERGY TAX CREDIT ACT OF 1984 Enacted 715 SOPERTON, CITY OF New charter 4212 SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT Amended 876 SOUTHERN JUDICIAL CIRCUIT County supplements to judges' salaries 852 SOUTH GEORGIA JUDICIAL CIRCUIT Supplemental compensation of judges 983 SOUTH OAKS ROAD Designated (in Dooly County) 4717 SOUTHWESTERN JUDICIAL CIRCUIT Stewart County terms changed 440 SOUTHWESTERN JUDICIAL CIRCUIT Terms of Webster Superior Court changed 439 SPALDING COUNTY Compensation of Coroner 4534 Magistrate Court; costs, practice and procedure 4531 State Court; compensation of judge and solicitor 4201 SPECIAL ELECTIONS Beginning date for qualifying 780

Page 1821

Officials required to issue call 637 SPECIAL MASTER IN EMINENT DOMAIN Filing of oath; form of award 982 SPEED DETECTION DEVICE Defined 502 STAPLETON, TOWN OF Name changed to City of Stapleton 4296 STATE BOARD OF ARCHITECTS Composition 448 STATE BOARD OF DISPENSING OPTICIANS Termination date changed 513 STATE BOARD OF EQUALIZATION New Board created; procedures 352 STATE BOARD OF FUNERAL SERVICE Termination date changed 511 STATE BOARD OF PARDONS AND PAROLES Organization and procedures changed 689 STATE BOARD OF RECREATION EXAMINERS Termination date changed 452 STATE BOARD OF REGISTRATION FOR FORESTERS Termination date extended 445 STATE BOTANICAL GARDEN OF GEORGIA Designated 475 STATE BOXING COMMISSION Boxing match licenses; law amended 1223 STATE CONSTRUCTION INDUSTRY LICENSING BOARD Low-voltage contracting; licensing 1129 STATE ELECTION BOARD Duty to adopt rules regarding voter registration places 1430

Page 1822

STATE EMPLOYEES HEALTH INSURANCE PLAN Certain employees of private employment centers included 720 STATE EMPLOYEES HEALTH INSURANCE PLAN Georgia Development Authority employees included in plan 543 STATE EXAMINING BOARDS Investigators, powers, duties, etc. 000 Powers, procedures, appointment of members 552 STATE GOVERNMENT Administrative procedures; actions required prior to adoption of rules 1219 Department of Community Affairs; advisory committee created 1177 Department of Community Affairs; composition of board, terms, etc. 378 Disposition of surplus property; procedure changed 903 Georgia Commission on State Growth Policy; law creating amended 381 Georgia Development Authority, membership changed 420 Interagency motor pools; maintenance and repair of vehicles, rules changed 1077 Managerial control over acquisition of certain professional services 1648 Metropolitan area planning and development commissions, composition of membership, terms, etc. 653 Purchase orders and requisitions; use of consecutively numbered mandated 1004 STATE MERIT SYSTEM Certain records to remain confidential 583 STATE PERSONNEL BOARD Expense allowance of members 427 STATESBORO, CITY OF Residency of recorder 4649 STATE SENATE DISTRICTS Composition of districts 10 and 13 changed 394 STATE SCHOOL SUPERINTENDENT APPOINTMENT Proposed amendment to the Constitution 1716 STEWART COUNTY Board of Commissioners created; election, terms of office, compensation, referendum 3513 STONE MOUNTAIN MEMORIAL ASSOCIATION Membership of Board 501

Page 1823

SUMMONS IN GARNISHMENT Service 1319 SUMTER COUNTY BOARD OF COMMISSIONERS Land conveyance 737 SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA Composition of Board of Commissioners changed 929 SUPERIOR COURTS See Tabular IndexSuperior Courts SUPREME COURT Compensation of Justices 444 SUSPENSION OF CERTAIN PUBLIC OFFICIALS UPON BEING INDICTED FOR A FELONY Proposed amendment to the Constitution 1719 SWAINSBORO, CITY OF Land Conveyance 742 T TALBOT COUNTY Magistrate Court; probate judge designated chief magistrate 4709 TALBOTTON, CITY OF New charter 4536 TALIAFERRO COUNTY Magistrate Court; judge of probate court designated chief magistrate 4264 TALLAPOOSA JUDICIAL CIRCUIT Supplemental Expense Allowance of District Attorney 339 TALLULAH FALLS, TOWN OF Municipal Court; maximum punishment authorized to be imposed by same 4690 New charter 3547 TATTNALL COUNTY Sheriff's patrol automobiles 4118 State Court; compensation of clerical assistant to solicitor 3990

Page 1824

TAX COLLECTORS AND COMMISSIONERS, COUNTY Time for remitting taxes collected 962 TAX EXECUTIONS Return to appropriate court 948 TAX SALES Cost of redemption to include taxes paid by purchaser 1016 Counties authorized to purchase property sold under tax executions 904 Time of advertisement as to unreturned property 660 TEACHERS RETIREMENT LAW Amended 990 TEACHERS RETIREMENT SYSTEM OF GEORGIA Board of trustees; composition 1155 Credit for service in other school systems 998 Definition of teacher changed 1314 THE YEAR OF THE DISABLED VOTER IN GEORGIA 1984 designated 1277 THIRD-PARTY DEFENDANTS Venue 1149 THOMAS COUNTY Office of County Manager created 3751 THOMASTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments THOMASTON, CITY OFUPSON COUNTY Joint board of tax assessors, act creating repealed 3544 THOMASVILLE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments TOCCOA, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments TOOMBS COUNTY Board of Education authorized to appoint school superintendent, referendum 4273 Board of Education; election of members, education districts, etc. 4669 Magistrate Court; chief magistrate, how appointed 4113

Page 1825

TOWNS COUNTY Constitutional amendment regarding levy of sales and use tax continued 3793 Magistrate Court; probate judge designated chief magistrate 4139 Office of Commissioner as governing authority created 4130 Office of Tax Commissioner created 4135 Probate Court; judge's operating expenses subject to approval of governing authority 4125 Sheriff's deputies 4128 TRACY, PHILLIP Compensation 4450 TRADEMARKS AND SERVICE MARKS Penalties for infringement 944 TRAFFIC OFFENSES Authority of courts to change or modify judgments or sentences limited 1144 TREUTLEN COUNTY Magistrate Court; probate judge designated chief magistrate 4114 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND Composition of Board of Trustees changed 1179 TROUP COUNTY Constitutional amendment providing for division of county into school districts, etc., continued 3860 Salaries of specified officers changed 3965 Salary of coroner 4882 Small Claims Court, salary of judge 3960 State Court; compensation of judge and solicitor 3962 State Court; drawing, summoning and impaneling jurors 4047 TURNER COUNTY Board of Commissioners; composition, election of members, etc., referendum 4563 Board of Education; education districts, election of members, etc., referendum 4862 TWIGGS COUNTY Board of Commissioners; method of filling vacancies on board 4120 Board of Education; method of filling vacancies 3994 U UNCLAIMED PROPERTY Diposition, act relating thereto amended 575

Page 1826

UNIFORM ACT FOR THE APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS Enacted 1160 UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT Enacted 831 UNIFORM PARTNERSHIP ACT Enacted 1439 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT Duty of court acting as responding state 387 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Amended; definition of state enlarged 613 UNION COUNTY Magistrate Court; probate judge designated chief magistrate 4287 Office of Commissioner created 4281 Office of Treasurer abolished 4166 Probate Judge; compensation and expense allowances 4705 UPSON COUNTY Board of Education; education districts changed, referendum 4576 Commissioner election districts, etc., referendum 3729 School Superintendent; appointment by board of education, referendum 4367 UPSON COUNTYCITY OF THOMASTON Joint Board of tax assessors, act creating repealed 3544 URBAN RESIDENTIAL FINANCE AUTHORITY Law amended 337 USED MOTOR VEHICLE DISMANTLERS REBUILDERS, ETC. Composition of state board of registration changed 535 V VENUE Garnishment proceedings 1319 Third-party defendants 1149 VETERINARIANS Limitation on municipal and county occupational taxation 591

Page 1827

VETERINARIANS AND REGISTERED ANIMAL TECHNICIANS Exemption of certain applicants from examination 544 VITAL RECORDS Birth certificates for foreign-born adopted persons 1015 VOCATIONAL TECHNICAL SCHOOLS Certain schools authorized to charge tuition fees 571 VOLUNTEER LEGAL SERVICE AGENCIES Act providing for same in certain counties (550,000 or more) amended 4092 VOTE RECORDERS Display prior to elections 675 VOTER REGISTRATION Advertisment of additional places for registration 635 In high schools and area vocational schools 677 Cards; municipal and county lists of electors, etc. 1490 Form of cards 1372 VOTER REGISTRATION PLACES Duty of State Election Board to adopt rules 1430 VOTE TABULATING MACHINES AND VOTE RECORDERS Inspection by Secretary of State; fees, etc. 1087 W WALKER COUNTY Compensation of coroner changed 4687 Probate Court; maximum compensation of personnel changed 5236 Superior Court clerk; maximum compensation of office personnel 5186 Tax commissioner; compensation of office personnel 4950 WALTON COUNTY Magistrate Court; judge of probate court designated chief magistrate 3901 WARE COUNTY Board of Commissioners; act creating amended 4395 Constitutional amendment providing for election of Board of Education, etc., continued 3760 Office of treasurer abolished 4369 WARREN COUNTY Magistrate Court, appointment and compensation of chief magistrate and clerk 4362

Page 1828

Office of Treasurer abolished 4207 WASHINGTON COUNTY BOARD OF COMMISSIONERS Land conveyance 740 WATERCRAFT Lifesaving devices required; exceptions 1203 WATERS OF THE STATE, PORTS AND WATERCRAFT Richard B. Russell Dam, boating safety zone established 422 Watercraft; lifesaving devices required, exceptions 1203 WAYNE COUNTY Board of Education; education districts changed, referendum 3971 WEBSTER COUNTY Compensation of commissioner 3907 Compensation of treasurer 3909 Magistrate Court; provisions made for same 4451 WESTERN JUDICIAL CIRCUIT County supplements to judges' compensation, additional judge 723 WEST POINT, CITY OF Consent to annex certain state-owned property 484 WHEELER COUNTY Board of Education; election of members, referendum 3601 Magistrate Court; probate judge designated chief magistrate 3992 WHIGHAM, CITY OF New charter 5152 WHITE COUNTY Superior Court clerk; manner of compensating changed 4497 Tax commissioner; manner of compensating changed 4381 WHITE COUNTY WATER AND SEWERAGE AUTHORITY ACT Enacted 4920 WHITFIELD COUNTY Magistrate Court; election and terms of chief magistrate, etc. 4159 WILCOX COUNTY BOARD OF COMMISSIONERS Land conveyance 744

Page 1829

WILCOX COUNTY Magistrate Court; appointment of chief magistrate, etc. 4098 Office of Tax Commissioner created 4094 Superior Court; manner of compensating clerk changed 4141 WILDLIFE Prohibited trapping activities 802 WILKES COUNTY Board of Education created; district election of members, etc., referendum 3838 Commissioner districts, election of commissioners 3658 Magistrate Court; appointment, compensation and duties of chief magistrate 4559 WILKINSON COUNTY Homestead exemptions; referendum 3772 Magistrate Court; probate judge designated chief magistrate 3980 Probate Court; salaries of judge and employees, periodic increases 5233 Sheriff and employees, compensation, periodic increases 4480 Superior Court; manner of compensating clerk changed 3983 Tax Commissioner; annual salary, salaries of personnel, periodic increases 4635 WILLS Probate in common form, when may be taken 681 WILLS AND CODICILS Self-proved; probate 834 WILLS, TRUSTS AND ADMINISTRATION OF ESTATES Advertisements for discharge or dismission from trust, number reduced 937 Approval by probate court of sales, etc., proposed by other than petitioner 974 Heart pacemakers; persons authorized to dispose of pacemaker upon death of one in possession 1036 Probate of will in common form, conclusiveness, time 658 Wills and codicils; self-proved, probate 834 WINE Farm wineries; licensing requirements 1142 WITNESSES Witness fees for campus policemen 964 WOODBURY, CITY OF Land conveyance 481 WOODSTOCK, CITY OF Election of Mayor; term of office 3641

Page 1830

WORKERS' COMPENSATION Election by sole proprietor to accept coverage 1218 Employee redefined 816 WORTH COUNTY Board of Commissioners; compensation of chairman and members 3892 Z ZEBULON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Election of Council members by district, etc. 3829

Page 1831

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 21,354 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 150,256 143,366 141,249 114,079 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 297,718 196,793 114,174 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 100,710 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 166,808 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 6,716 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 1_,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 26,110 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 32,382 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 21,761 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 65,775 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

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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 6,716 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 21,354 Chattahoochee 21,732 Stephens 21,761 Chattooga 21,856 Toombs 22,592 Habersham 25,020 Jackson 25,343 Decatur 25,495 Upson 25,998 Paulding 26,110 Coffee 26,894 Forsyth 27,958 Fayette 29,043 Sumter 29,360 Gordon 30,070 Walton 31,211 Polk 32,382 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 65,775 Lowndes 67,972 Clarke 74,498 Hall 75,649 Houston 77,605 Floyd 79,800 Dougherty 100,710 Bibb 150,256 Clayton 150,357 Gwinnett 166,808 Muscogee 170,108 Richmond 181,629 Chatham 202,226 Cobb 297,718 DeKalb 483,024 Fulton 589,904 Total 5,464,265

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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 Chattahoochee 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

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SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1983-1984 District Name Address 22 Thomas F. Allgood P.O. Box 1523, August 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 1705 Virginia Ave., College Park 30337 1 J. Tom Coleman P.O. Box 22398, Savannah 31403 40 Paul D. Coverdell 2015 Peachtree Rd., 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 908, 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 7034 W. Broad St., Douglasville 30134 20 Hugh M. Gillis, Sr. 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 500 Fidelity 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 Bankers First Federal Savings Bldg. 985 Broad St., Augusta 30901-1297 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 6 Riley Reddish Cherokee Lake, Jesup 31545 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 70, 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

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1983-84 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 Savannah 31402 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 Riley Reddish Cherokee Lake Jesup 31545 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 Trulock P.O. Box 70 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, Sr. 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 Bnkers First Federal Savings Bldg. 985 Broad St. Augusta 30901-1297 24 Sam P. McGill P.O. Box 520 Washington 30673 25 Culver Kidd P.O. Box 370 Milledgeville 31061 26 Richard L. Greene Suite 517, 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 7034 W. Broad St. Douglasville 30134 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 908 Fairburn 30213 35 Frank E. Coggin 1705 Virginia Ave. College Park 30337 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 Rd., NE Atlanta 30309 41 James W. (Jim) Tysinger 3781 Watkins Place NE Atlanta 30319 42 Pierre Howard 500 Fidelity 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 2319 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 862 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

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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 Dougherty 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 107 109 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 Tattnall 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

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1983-84 District Representative Address 56 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 36 G. D. Adams 3417 Northside Dr. Hapeville 30354 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. Lithonia 30058 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, Sr. 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 SW 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 660 Woodland Ave., SE Atlanta 30316 138 Henry Bostick P.O. Box 94 Tifton 31793 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 30310-0185 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 16 Tom Caldwell 227 E. 11th St. Rome 30161 146 Hanson Carter 808 River Rd. Nashville 31639 133 Tommy Chambless P.O. Box 2008 Albay 31702 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 89 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 4-Post 1 Carlton H. Colwell P.O. Box 850 Blairsville 30512 87 Jack Connell P.O. Box 308 Augusta 30903 20-Post 3 Bill Cooper 2432 Powder Springs Rd. Marietta 30064 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 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 346 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 353 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, Box 26 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 850 Walnut St. Macon 31201 117 Newt Hudson Route 1, Box 29-A Rochelle 31079 11-Post 2 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 31414 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 277 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 Cricle Douglasville 30135 66 E. Roy Lambert P.O. Box 169 Madison 30650 111 Bob Lane 205 Aldred Ave. 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 3333 Peachtree NE Atlanta 30326 7 J. C. Maddox Route 1 Calhoun 30701 57-Post 2 William C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 60 Charles C. Martin 470 Hill St. Buford 30518 26 Jim Martin Suite 615, 161 Spring St. Atlanta 30303 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 3580 Coldwater Canyon Ct. Tucker 30084 75 John L. Mostiler 150 Meadovista Dr. Griffin 30223 126 Anne Mueller 13013 Hermitage Rd. Savannah 31419 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 1-Post 1 Donald F. Oliver P.O. Box 386 16 Euclid Ave. Chickamauga 30707 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. P.O. Box 4872 Macon 31208 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 83 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 144 A. Richard Royal 311 Boulevard St. Camilla 31730 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. P.O. Box 836 Newnan 30264 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 8 E. Lake Dr. NE Atlanta 30317 6-Post 1 Roger Williams 132 Huntington Rd. Dalton 30720 20-Post 1 Joe Mack Wilson 77 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

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1983-84 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Donald F. Oliver P.O. Box 386 16 Euclid Ave. Chickamauga 30707 1-Post 2 Forest Hays, Jr. Route 2 Flinstone 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 Tom Caldwell 227 E. 11th St. 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 77 Church St. Marietta 30060 20-Post 2 A. L. (Al) Burruss P.O. Box 6338 Marietta 30065 20-Post 3 Bill Cooper 2432 Powder Springs Rd. Marietta 30064 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 3333 Peachtree NE Atlanta 30326 26 Jim Martin Suite 615, 161 Spring St. Atlanta 30303 27 Dick Lane 2704 Humphries St. East Point 30344 28 Bob Holmes 2929 Landrum Dr. SW #D-25 Atlanta 30311 29 Douglas C. Dean 346 Arthur St. SW Atlanta 30310 30 Paul Bolster 660 Woodland 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 30310-0185 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 SW 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 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. Lithonia 30058 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. Lawrencevile 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. P.O. Box 836 Newnan 30264 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 353 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 277 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 Don Cheeks 714 Westminster Court Augusta 30909 90 Travis Stanley Barnes, Sr. 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 Sandford 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. P.O. Box 4872 Macon 31208 101 William C. (Billy) Randall 2770 Hillcrest Ave. Macon 31204 102 David E. Lucas 448 Woolfolk St. Macon 31201 103 Frank Horne 850 Walnut St. Macon 31201 104 Kenneth (Ken) W. 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 205 Aldred Ave. 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 29-A 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 31414 124 DeWayne Hamilton P.O. Box 14562 Savannah 31406 125 Bobby Phillips 9219 Melody Dr. Savannah 31406 126 Anne Mueller 13013 Hermitage Rd. Savannah 31419 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, Box 26 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 31750 138 Henry Bostick P.O. Box 94 Tifton 31793 139 James C. Moore Route 2 West Green 31567 140 Ralph J. Blackcon 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 A. Richard Royal 311 Boulevard St. Camilla 31730 145 Hugh D. Matthews Route 1, Box 913 Moultrie 31768 146 Hanson Carter 898 River Rd. Nashville 31639 147 Henry L. Reaves Route 2, Box 83 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

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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 1983 18 3 15 TOTALS 943 42 49 852

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RESULTS OF REFERENDUM ELECTIONS 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 Security 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

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Georgia Laws 1953, November-December session : County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 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 [Illegible Text] 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

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Georgia Laws, 1956 : County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin (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 of 2) 2040 City of Forest Park Election Results Not Known Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton 2518 City of Mountain View 3-24-56 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] City vote : 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 DeKalb 2932 City Court of Decatur 5-16-56 For12,520 Agn5,846 DeKalb 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For: (a)4,743 For: (b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For292 Agn37 Glascock 3507 Sheriffcompensation 3-14-56 For498 Agn227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 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 Clarke 2036 City of Athens 2-27-57 For714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For73 Agn181 Coffee 2833 City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote : For50; Agn53 Affected area : For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote : For78; Agn12 Outside city vote : For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 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 7-2-58 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 [Illegible Text] Agn37 Clayton 3022 City of Moutain 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 Parce #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 Chattooga 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 McDuffia 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 8001 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 1882

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 RockmartFor: 669; Agn: 174 Ward 1For: 22; Agn: 36 Ward 2For: 0; Agn: 17 Ward 3For: 0; Agn: 0 Ward 4For: 6; Agn: 69 Ward 5For: 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 1885

Georgia Laws, 1962 : County Page No . SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For153 Agn119 Chatham 2707 Town of Pooler 4-26-62 For110 Agn114 Clarke 2677 City of Athens 5-23-62 For643 Agn521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For32 Agn37 Clayton Fulton 2599 City of College Park 6-1-62 For214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4 Agn160 Columbia 2713 City of Martinez 9-12-62 For85 Agn573 Emanuel 2359 Board of County Commissioners 11-6-62 For450 Agn484 Fulton 2473 City of East Point 5-9-62 For1 Agn3 Fulton 2854 City of East Point 5-9-62 For1 Agn6 Fulton 2861 City of East Point 5-9-62 For6 Agn31 Fulton 3130 City of East Point 5-9-62 For25 Agn22 Gwinnett 2364 Pinball machines 11-6-62 For1737 Agn638 Henry 2403 Town of Locust Grove 4-25-62 For20 Agn27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City : For385; Agn108 Outside City : For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For29 Agn4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For234 Agn66 Meriwether 2396 City of Manchester 3-28-62 For251 Agn47 Meriwether 2422 City of Manchester 3-28-62 For224 Agn67 Meriwether 2603 City of Manchester 3-28-62 For231 Agn76 Meriwether 2613 City of Manchester 3-28-62 For227 Agn57 Mitchell 2158 City of Camilla 4-24-62 For15 Agn0 Murray 2576 City of Chatsworth 6-23-62 For143 Agn183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County : For6612; Agn9103 City of Columbus : For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For550 Agn167 Oglethorpe 3202 City Court of Lexington 11-6-62 For392 Agn180 Putnam 2440 Certain County Officerscompensation 11-6-62 For626 Agn129 Putnam 3048 Tax Commissioner 11-6-62 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 1888

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 Museegee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn669 [Illegible Text] 3436 Tax Commissioner 6-18-63 For354 Agn321 [Illegible Text] 2835 City of Sylvania 6-4-63 For160 Agn79 [Illegible Text] 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 Agn180

Page 1891

Georgia Laws 1964, January-February session : County Page No. SUBJECT Election Date of Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For124 Agn61 Cherokee 2351 City of Woodstock Not held [Illegible Text] 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 [Illegible Text] 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 1894

Georgia Laws 1972, January/February session : County Page No . SUBJECT Date of Election Result Brantley 3145 Salary of deputy sheriffs 8-8-72 * * Ga. L. 1973, p. 2268 changed date of election. 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 For564 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 * For654 Agn608 Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

Page 1899

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 1901

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 Lownden 2311 Town of Dasher 6-1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12-4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 City Vote (3 elections held on same date) Yes: 4833 No: 2928 County Vote Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty. Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4-9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6-5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4-9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11-5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11-5-74 # Yes: 434,559 No: 363,947 ***Common Day of Rest Act results tabulated infra.

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GENERAL ELECTION Date 11-5-74 Common Day of Rest Act of 1974 Ga. L. 1974, p. 186 COUNTY Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1,901 1,989 Banks 566 709 Barrow 1,501 1,830 Bartow 1,704 2,407 Ben Hill 578 1,127 Berrien 442 1,142 Bibb 8,536 12,667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1,604 2,441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3,696 4,391 Catoosa 1,440 1,424 Charlton 177 198 Chatham 14,278 12,039 Chattahoochee 153 116 Chattooga 1,322 1,281 Cherokee 2,424 2,830 Clarke 6,525 4,853 Clay 116 242 Clayton 9,965 10,231 Clinch 144 379 Cobb 25,632 21,237 Coffee 629 1,493 Colquitt 1,168 2,701 Columbia 1,113 1,687 Cook 423 978 Coweta 2,622 2,470 Crawford 338 455 Crisp 537 1,303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54,127 40,882 Dodge 470 1,835 Dooly 314 684 Dougherty 3,887 8,146 Douglas 2,958 2,815 Early 297 1,084 Echols 66 74 Effingham 627 1,039 Elbert 998 1,765 Emanuel 803 1,353 Evans 231 676 Fannin 829 729 Fayette 1,752 2,153 Floyd 5,764 7,222 Forsyth 1,415 1,576 Franklin 513 1,502 Fulton 56,902 38,497 Gilmer 674 825 Glascock 96 201 Glynn 2,067 2,658 Gordon 1,477 1,428 Grady 524 1,273 Greene 962 1,101 Gwinnett 8,846 10,024 Habersham 1,215 1,281 Hall 5,111 3,714 Hancock 363 503 Haralson 1,289 1,616 Harris 908 1,322 Hart 420 1,408 Heard 351 417 Henry 2,125 2,638 Houston 4,338 5,170 Irwin 285 676 Jackson 2,166 2,042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1,380 Jenkins 279 489 Johnson 373 990 Jones 826 1,147 Lamar 748 855 Lanier 115 290 Laurens 1,839 3,649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2,069 3,382 Lumpkin 1,043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1,336 McIntosh 508 418 Meriwether 1,501 1,520 Miller 83 210 Mitchell 697 1,688 Monroe 906 1,058 Montgomery 206 611 Morgan 791 1,186 Murray 414 492 Muscogee 10,456 12,112 Newton 1,832 2,364 Oconee 848 877 Oglethorpe 698 684 Paulding 1,350 1,643 Peach 874 1,339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1,973 2,009 Pulaski 430 566 Putnam 565 545 Quitman 85 142 Rabun 618 701 Randolph 334 790 Richmond 7,477 11,596 Rockdale 1,811 2,032 Schley 117 171 Screven 514 740 Seminole 309 588 Spalding 2,867 3,258 Stephens 698 1,673 Stewart 183 329 Sumter 1,119 1,925 Talbot 320 326 Taliaferro 70 192 Tattnall 484 960 Taylor 520 741 Telfair 359 977 Terrell 456 1,062 Thomas 1,315 2,173 Tift 940 1,716 Toombs 975 1,640 Towns 535 247 Treutlen 333 630 Troup 2,550 3,831 Turner 334 870 Twiggs 427 696 Union 1,330 548 Upson 2,145 2,115 Walker 2,104 2,264 Walton 1,397 1,786 Ware 1,363 1,910 Warren 173 364 Washington 1,035 2,037 Wayne 660 1,118 Webster 99 127 Wheeler 257 698 White 941 562 Whitfield 2,030 2,274 Wilcox 239 759 Wilkes 439 1,531 Wilkinson 395 765 Worth 423 1,203 TOTAL 434,559 363,947 Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.

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Georgia Laws, 1975, January/February Session : County Page No. SUBJECT Date of Election Result Appling 3678 City of Baxleycorporate limits 6-26-75 For: 549 Agn: 603 Baker 2659 Abolish office of Treasurer 6-17-75 For: 352 Agn: 395 Baker 2662 Create office of Tax Commissioner 6-17-75 For: 338 Agn: 392 Berrien 2525 Appoint County School Superintendent 4-15-75 For: 124 Agn: 1,295 Berrien 3388 Appoint County School Superintendent Not Held Duplicate of Act Above Bibb 3349 Board of Water Commissioners 11-4-75 For: 10,601 Agn: 4,955 Brantley 3937 County Board of Education 8-12-75 Proposition No. 1 402 Proposition No. 2 713 Proposition No. 3 240 Bryan 3024 Election of Chairman Vice-Chairman of the Board of County Commissioners 8-26-75 For: 385 Agn: 115 Charlton 4015 County Board of Education 6-24-75 For: 776 Agn: 206 Chatham 3962 County Board of Education 5-4-76 * * Date of Presidential Preference Primary 5-4-76. Yes: 3,870 No: 10,942 Clarke 2779 City of Athensgovernment functions 5-21-75 For: 858 Agn: 989 Decatur 4087 Hospital Authority 8-10-76 # # Date of General Primary 8-10-76 Yes: 2,155 No: 527 DeKalb 2752 County Board of Education Districts-terms 5-4-76 * For: 29,643 Agn: 41,355 Dodge 3031 County Board of Education elected 11-4-75 For: 1,206 Agn: 367 Douglas 2506 County Commissionersincrease membership 5-14-75 For: 642 Agn: 739 Gordon 2719 Create Board of Commissioners for County 7-8-75 For: 1,500 Agn: 972 Greene 4270 County Board of Education 5-4-76 * Yes: 748 No: 926 Hall 3574 Board of County Commissioners 8-10-76 # Yes: 8,951 No: 3,890 ** ** This Act ruled invalid by U.S. Justice Department on August 18, 1975. Harris 2960 County Board of Education Superintendent 7-8-75 For: 511 Agn: 147 Harris 4369 City of Shilohcharter amended Status Unknown Heard 4433 Board of County Commissioners 7-9-75 For: 520 Agn: 469 Henry 4133 City of Stockbridgecharter amendment 7-26-75 For: 113 Agn: 128 Newton 3577 County Board of Education 9-10-75 For: 1,353 Agn: 1,582 Paulding 2916 County Board of Commissioners created 8-26-75 For: 1,765 Agn: 949 Spalding 2771 Town of Orchard Hill 5-27-75 Inside Town For: 17 Agn: 5 Outside Town For: 20 Agn: 31 Spalding 4352 Board of County Commissioners 11-4-75 For: 1,205 Agn: 4,100 Stephens 4142 City of Toccoa Commissioners 6-12-75 For: 209 Agn: 191 Taylor 3486 County Board of Education 6-17-75 For: 298 Agn: 127 Union 4490 County Board of Commissioners 8-12-75 For: 189 Agn: 1,037 Upson 3356 County School Superintendent appointed 6-24-75 For: 531 Agn: 700 Whitfield 4296 City of Tunnell Hill 6-25-75 For: 126 Agn: 288 Worth 4202 County School Superintendent 7-15-75 For: 235 Agn: 460 Chatham 3128 Alcoholic beverages on premisestime limit 9-17-75 * * Municipality Yes No Savannah 9,658 6,595 Unincorporated area 4,979 3,857 Bloomingdale 122 146 Garden City 362 466 Pooler 166 190 Port Wentworth 227 297 Savannah Beach 469 168 Thunderbolt 230 138 Vernonburg 24 20 (This election act was on a population basis and affects only Chatham County) 1975 Extra Session Acts County Page No. SUBJECT Date of Election Result Coweta 1730 City of Newnancharter amendment 9-9-75 For: 248 Agn: 57 (This election based on population of municipality and affects only City of Newnan, Coweta County)

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Georgia Laws, 1976, January/February Session : County Page No. SUBJECT Date of Election Result Bacon 2713 Co. Brd. of Education and Co. School Superintendent. 5-4-76 * * Date of Presidential Preference Primary Election (May 4, 1976) Proposal No.1 389 Proposal No.2 131 Proposal No. 3 568 Baldwin 3278 City of Milledgevillecharter amendment 5-4-76 * Yes: 772 No: 583 Baldwin 3282 City of Milledgevillecharter amendment # 1 5-4-76 * Yes: 718 No: 609 City of Milledgevillecharter amendment # 2 Yes: 289 No: 1,045 Bartow 4090 City of Euharleecharter amendment 5-15-76 Yes: 34 No: 8 Bibb 3818 Macon-Bibb Co. consolidated government 5-4-76 * City Vote Yes: 8,149 No: 11,522 County vote Yes: 8,825 No: 16,209 Bryan 3288 City of Richmond Hillcharter amendment 6-29-76 Yes: 199 No: 8 Camden 2831 Tax Commissionersalary 11-2-76 ** ** Date of November 2, 1976 General Election Not Held Carroll 4479 Co. Brd. of Education and Co. School Superintendent. 11-2-76 ** Yes: 3,105 No: 3,868 Chattooga 2694 Board of Co. Commissioners created 5-4-76 * Yes: 970 No: 2,297 Clayton 3974 City of Mountain Viewabolish charter Not Held Cobb 3656 City of Powder Springsabolish charter 9-11-76 Yes: 331 No: 455 DeKalb 2809 Intoxicating beverages sold on Sunday 5-4-76 * For: 52,761 Agn: 30,442 Fayette 3398 Brd. Co. Commissionersincrease membership 5-4-76 * Yes: 1,984 No: 1,512 Glynn 4027 Co. Brd. of Educationnew districts, election 5-4-76 * Yes: 3,752 No: 4,746 Grady 3162 Co. Brd. of Educationcompensation members 5-4-76 * Yes: 444 No: 1,259 Habersham 2798 Co. Brd. of Educationcreated 5-4-76 * Yes: 2,244 No: 876 Habersham 2803 Co. School Superintendent appointed 5-4-76 * Yes: 940 No: 1,951 Long 3536 Co. Brd. of Educationcreated [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. Yes: 151 No: 95 Bryan 3215 Abolish office of Treasurer 5-24-77 Yes: 116 No: 126 Carroll 4519 City of Templecorporate limits 6-15-77 Yes: 225 No: 149 Dawson 3529 County Board of Educationelection 6-14-77 Yes 369 No: 140 Hart 3482 Town of Bowersvillenew charter 5-9-77 Yes: 30 No: 0 Pierce 2924 County Brd. of Education and County School Superintendentelection of 11-7-78 * Yes: 307 No: 587 Rockdale 2817 Board of County Commissionerscreation of 5-17-77 Yes: 1618 No: 744 Schley 2952 County Commissionersterms staggered 11-7-78 * Yes: 160 No: 66 Schley 2955 County Board of Educationterms staggered 11-7-78 * Yes: 167 No: 58 Stephens 3875 County Board of Educationelection 6-28-77 Yes: 1375 No: 628 Stephens 3881 County School Superintendentappointment of 6-28-77 Yes: 793 No: 1042 Tift 3895 City of Tiftonannexation 12-19-77 Yes: 690 No: 1158 Towns 3974 County Board of Education and County School Superintendent 2-2-78 Yes: 1014 No: 1384 This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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Referendum Election Results: Acts of the 1978 Session of the General Assembly County Page No. SUBJECT Date of Election Result Bryan 3774 Board of Education 5-2-78 Yes: 739 No: 259 Butts 3368 Board of Education 11-7-78 * * Date of General Election 1978 Yes: 886 No: 539 Chatham 932 Alcoholic beverages on Sunday 8-8-78 ** ** Date of General Primary 1978 Chatham County (Unincorporated area) Yes: 2,022 No: 1,863 Garden City Yes: 154 No: 318 Port Wentworth Yes: 89 No: 171 Bloomingdale Yes: 23 No: 50 Pooler Yes: 85 No: 152 Thunderbolt Yes: 142 No: 77 Tybee Island Yes: 307 No: 171 Vernonburg Yes: 25 No: 14 Savannah Yes: 6,870 No: 4,768 Chatham 4132 City of Garden City 5-22-78 Yes: 663 No: 166 Chatham 4073 City of Bloomingdale Not Held Chatham 3998 City of Savannah 4-19-78 Yes: 14,407 No: 8,091 Chatham 4466 Municipal Court of Savannah 8-8-78 ** Yes: 6,783 No: 9,753 Chattooga 3848 Board of Education 11-7-78 * Yes: 778 No: 1,446 Cherokee 3029 County Commissioners 4-4-78 Yes: 2,449 No: 2,308 Clarke 4573 Use of School Tax in Clarke County 11-7-78 * Yes: 3,710 No: 3,268 Columbia 3359 Board of Education 11-7-78 * Yes: 887 No: 1,569 DeKalb 3639 City of Clarkston 10-18-78 Yes: 95 No: 96 DeKalb 4104 Board of Education 11-7-78 * Yes: 18,829 No: 34,766 Hart 3177 County Commissioners 11-7-78 * Yes: 643 No: 1,018 Macon 4217 Tax Commissioner 11-7-78 * Yes: 737 No: 232 McDuffie 3666 Board of Education 5-16-78 Yes: 202 No: 131 Rabun 3427 School Board and Superintendent 11-7-78 * Yes: 861 No: 300 Rabun 3430 Board of Education 11-7-78 * Yes: 453 No: 692 Rockdale 3863 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 Ofice of Tax Commissioner 4-8-80 Yes: 834 No: 119 Laurens 3016 Board of County Commissioners 3-11-80 Yes: 1,797 No: 1,413 Laurens 3189 Terms of Mayor Council (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 Results 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 * * These are 1981 laws that were required to be held in 1982. 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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Referendum Election Results: Acts of the 1983 Session of the General Assembly County Page No. SUBJECT Date of Election Result Atkinson 4115 Board of Commissioners compensation election 3-13-84 Yes 123 No 1,114 Bartow Polk (Town of Taylorsville) 4161 Corporate limits of Town of Taylorsville 5-11-83 Bartow Yes 47 No 7 Polk Yes 15 No 4 Bibb 4251 Providing for district boundary adjustments for Board of Education and Orphange 11-8-83 Yes 5,361 No 1,841 Chatham County City of Savannah 4039 Terms of Board of Public Education and changes certain district designations 5-3-83 Yes 1,367 No 2,815 Chatham (City of Tybee Island) 3586 Mayor and City Council Term Time of election 5-3-83 Yes 307 No 60 Chattooga 4570 Create State Court of Chattooga County 5-3-83 Yes 818 No 262 Columbia 4411 Changes districts provides for staggered terms for Board of Education 3-13-84 Yes 2,110 No 843 DeKalb 4547 Reorganizing form of gov't fixing powers duties of governing authority 3-13-84 Yes 45,505 No 12,832 DeKalb (City of Doraville) 3581 City Council and Mayor Terms of Office 4-2-83 Yes 266 No 89 Forsyth 3521 Appointment of School Superintendent 5-3-83 Yes 379 No 966 Fulton Coweta (City of Palmetto) 4134 Corporate Limits extended 5-21-83 Yes 319 No 35 Madison (City of Colbert) 4181 Charter Amendmentsproviding homestead exemption for certain residents 5-4-83 Yes 58 No 3 Murray 3611 New Board of Education To be held same date as 1984 Gen. Prim. Newton 3814 Homestead exemption for certain residents To be held not less than 30 nor more than 60 days before the November 1984 Gen. Election Seminole 3994 Board of Educationelection of mbrs. etc. 8-2-83 Yes 1,181 No 1,198 Tift County and City of Tifton 3590 Consolidate governments of Tift Co. City of Tifton Delayed by the U.S. Justice Dept. tentatively Scheduled for June 26, 1984 Union 4514 Election filling of vacancies of Board of Education 5-3-83 Yes 147 No 10 Wilkinson 3911 Board of Education compensation election 5-3-83 Yes 582 No 198

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For any information regarding these ACTS and RESOLUTIONS please contact: MAX CLELAND Secretary of State